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MOOV360 SRL operates the site www.moov360.com which specialises in the sale of eco-designed sports articles & accessories. The present general contractual conditions apply to any visit to this site, the simple access to the site being considered as acceptance of the present general conditions which will apply in particular to any agreement concluded by them on the said site.
The present general contractual conditions are available to the user at any time on the website www.moov360.com where they can be consulted directly and can also be communicated on request. They constitute the sole basis for commercial negotiation and take precedence over the general contractual conditions of the other party.
Moov360 SRL is free to modify its general contractual conditions at any time. Users are therefore advised to regularly refer to the latest version of the general conditions. In case of modification, the applicable conditions are those in force on the day the user visits the site or on the day the buyer accepts the quote.
For the purposes of these Terms and Conditions, the following definitions shall have the following meanings:
(i) "Consumer" means any Customer (natural person) acting for purposes which are not related to his commercial or professional activity.
(ii) "User": Any natural or legal person (B2C or B2B) who enters into a contractual relationship with Moov 360 SRL, regardless of the nature of the contractual relationship, including, but not limited to, Consumers and Professional Customers. Hereinafter also referred to as "You".
(iii) "Goods" means all goods which are the subject of one or more Sales Contracts.
(iv) "Goods made to the Consumer's specifications": Non-prefabricated goods made on the basis of an individual choice or decision by the Consumer.
(v) "Sale Agreement": Any agreement whereby Moov360 SRL undertakes to transfer ownership of the Products to the Customer and the Customer in turn undertakes to pay the price of the Products.
The site www.moov360.com offers the user the purchase of eco-designed sports articles and accessories while stocks last. Each of the products is described in detail, mentioning its essential characteristics, allowing each user to choose a product adapted to his needs.
The products comply with current regulations relating to the safety and health of persons. The photographs illustrating the products do not constitute a contractual document.
3.1 - Ordering
The formation of any contract shall take place in the French language, as follows:
- connection of the user to his personal account thanks to the identifier and the password chosen by him when creating this account (As regards the identifier and the password chosen by the user, they are personal and confidential. The user undertakes to keep them secret and to refrain from disclosing them in any form whatsoever to third parties. The user is solely responsible for the use of his/her login or password. Any connection to the site or transmission of data using the user's identifier or password shall be deemed to have been made by the user. In the event of loss, theft or accidental disclosure of the user's identifier or password, the user must change them without delay. Any loss, theft, misappropriation or unauthorised use of access codes and their consequences are the responsibility of the user. If the User forgets his/her password, Moov360 SRL shall offer the User a system enabling him/her to recover a new access code as soon as possible by e-mail).
- the user selects one or more products.
- the user validates his order after having checked his selection. They can then check the details of their order and its total price and correct any errors.
- the user selects the delivery method.
- the user acknowledges these general contractual conditions and accepts them by ticking the appropriate box.
- the user selects the method of payment for his order.
- the user confirms his order and payment. This confirmation shall result in the formation of the contract. Moov360 SRL shall keep the applicable general contractual conditions. All data provided and the order confirmation shall be recorded on a reliable and durable medium by MOOV360 SRL, which shall keep them for a period of 10 years and may be recorded by the buyer. They shall constitute proof of the transaction.
3.2 - Order confirmation
MOOV360 SRL shall communicate without delay the confirmation of the order recorded in the form of an electronic mail sent to the address communicated by the buyer when creating his/her personal account. This order confirmation shall include all the information communicated by the Buyer with an indication, where applicable, of any difficulties or reservations raised by the order as well as the order reference number allocated by MOOV360 SRL.
3.3 - Modification of the order
Any modification of the order by the buyer after confirmation of the order shall be subject to acceptance by MOOV360 SRL. For any question relating to the follow-up of an order, the buyer should send an e-mail to email@example.com
The buyer who is a consumer shall have a withdrawal period of thirty calendar days from receipt of the order. The consumer shall inform the company MOOV360 SRL of his/her decision to withdraw by sending it, before the expiry of the period, the return form by e-mail (firstname.lastname@example.org).
The buyer shall return the unworn, unwashed and undamaged product in its original bag at his own expense, at the latest within fifteen days following the communication of his decision to withdraw.
MOOV360 SRL shall reimburse the price paid to the consumer as well as the delivery costs if the withdrawal concerns the whole of the same order, at the latest within fifteen days following the date on which the consumer informed it of its decision to withdraw. If the products have not been returned to MOOV360 SRL within this period, MOOV360 SRL shall be entitled to defer reimbursement of the sums paid by the consumer until the products have been recovered or until the consumer has provided proof of shipment, with reimbursement being made on the date of the first of these facts. The consumer is liable for any deterioration of the products.
4.1 Terms of delivery
Delivery is made when the products are handed over to the buyer. The delivery is made to the address given by the buyer when ordering. The delivery note must, if necessary, be signed by the buyer who must check, upon receipt, the conformity and the state of packaging of the product. Any damaged product must be refused and any reservation must be immediately recorded on the delivery slip and transmitted to the carrier and to MOOV360 SRL by registered letter with acknowledgement of receipt within three clear days. Where the buyer is a consumer, has personally taken delivery of the items transported and the carrier does not justify having given him the opportunity to effectively check their good condition, this period shall be extended to 10 days.
MOOV360 SRL shall be responsible for organising transport. Delivery costs shall be borne by the buyer. However, for deliveries in Belgium of any order with a price greater than or equal to one hundred and fifty (150) euros, MOOV360 SRL shall bear the delivery costs.
4-3. Transfer of risks
The transfer of risks shall take place when the products are handed over to the buyer, the products travelling at the risk of MOOV360 SRL.
4.4 Late or no delivery
Delivery times are thirty calendar days, unless otherwise stated. The buyer is informed that these delivery times may be increased, particularly in the event of stock shortages or concerning new products being manufactured. Exceeding the delivery time may not give rise to damages, deductions or automatic cancellation of orders in progress. In the event of delays, the consumer may request the company MOOV360 SRL, in writing on any other durable medium, to make the delivery within a reasonable additional period. If delivery has not been made within the latter period, the consumer may, in the same manner, request a termination of the sale which shall take effect upon receipt of the request by MOOV360 SRL. The purchaser shall then obtain reimbursement of all sums paid, at the latest within fourteen days of the date on which the contract was terminated. In any event, MOOV360SRL shall not be held liable for failure to deliver due to an error or omission on the part of the buyer when entering the delivery details.
The products are supplied according to the prices and commercial operations in force at the time the order is placed. The prices are indicated including all taxes at the VAT rate applicable on the day of the order. They do not include the possible cost of delivery which is invoiced in addition and specified to the buyer before the validation of his order.
Although we endeavour to ensure that all prices on the site are accurate, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the opportunity to either reconfirm the order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and if you have already paid for the products, you will receive a full refund.
We are not obliged to deliver products to you at an incorrect (lower) price (even after sending our Dispatch Confirmation), if the price error is obvious and characteristic and could reasonably be identified by you as such.
The Customer must communicate in writing any complaint regarding price or payment within seven (7) calendar days of receiving confirmation of the order. The filing of a complaint does not suspend payments due.
If your credit/debit card is not denominated in Euros, the final price will be calculated according to the exchange rate applicable on the day your credit/debit card company processed the transaction.
The price is due at the time of ordering and is payable by credit card, Paypal or bank transfer. Payment is made in euros. If it is made by credit card, it is made via a secure payment system that encrypts the transmission of bank data. MOOV360 SRL reserves the right to verify the data communicated by the buyer and to adopt all measures necessary for their verification. MOOV360 SRL may give notice to the Buyer to prove its identity. Failure by the Buyer to respond to such a request within three calendar days of the request made by MOOV360 SRL shall automatically result in the termination of the sale concerned. An invoice shall be sent to the buyer at the time of delivery.
7-1- Legal guarantee :
Each Consumer benefits from a legal guarantee period of two (2) years. The Consumer may invoke the legal guarantee if the Products delivered do not correspond to the Product requested or ordered (non-conformity), insofar as the Customer was unable to establish this non-conformity at the time of receipt of the Product.
- If the Product is defective within the first six months after delivery, it shall be presumed that the defect existed since delivery. Moov360 SRL may prove otherwise.
- If the defect in the Product is detected more than six months after delivery, the Consumer must prove the non-conformity of the Product at the time of delivery.
The legal warranty does not apply to damage caused by normal wear and tear, accidental or intentional modifications made to the Product by the Customer, including improper and incorrect use, exposure to moisture, fire, earthquakes or other external causes.
Additional commercial guarantees are always possible in accordance with the general terms and conditions and are always expressly communicated.
The Customer or the third party designated by the Customer is obliged to check the conformity of the Products at the time of delivery. If the Product has a visible defect and the recipient notices this defect, he is obliged to file a complaint.
Customer shall communicate such claims to Moov360 SRL in writing and in an explicit, unambiguous and reasoned manner. This shall be done within three (3) calendar days of delivery to the Customer or to the third party designated by the Customer, at the email address email@example.com. It is the duty of the Customer to give sufficient reasons for this communication. In the absence of a (sufficiently) substantiated complaint, the Customer is not entitled to return the Products.
Each Customer shall return the non-conforming Product to Moov360 SRL within fourteen (14) calendar days from the filing of the claim for repair, replacement or refund. Otherwise, the suspension of the legal warranty period shall be considered void.
The fourteen (14) calendar day period does not apply when it is clearly demonstrated that the Product is damaged as a result of transport. In this case, the Customer shall return the Product without delay and at the latest within three (3) calendar days after the complaint.
Products must be returned to Moov360 SRL in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or valid proof of payment. Failure to do so will result in a proportional reduction of the refund.
The return of a Product is always at the Customer's risk. In all cases, we recommend a return by registered mail and insured to avoid the risk of loss or theft. This return must be made within seven (7) calendar days following the communication.
If the above conditions are met, the customer is entitled in the first instance to repair or replacement of the ordered products free of charge, if the situation permits. Please note that we will only replace the Product with the same item of the same size, depending on available inventory. If the Product cannot be repaired or the same Product is not available, the Customer will receive a voucher equal to the amount of the original order. The Customer always has the right to refuse the voucher and demand a full refund.
Moov360 SRL shall only be obliged to provide a refund if the repair or replacement no longer provides the same benefit to the Customer as the original purchase. The Customer shall communicate this reason in a clear and reasoned manner. Any compensation and refund shall in no case exceed the amount invoiced to the Customer.
If the Products have been returned without the conditions being met, Moov360 SRL shall return them to the Customer. The cost of such return shall be borne by the Customer. Moov360 SRL may store the returned Products on behalf of and at the risk of the Customer until the return shipping costs have been paid.
Unless otherwise expressly stated in these Terms, our liability in respect of any product purchased through our site is strictly limited to the purchase price of that product.
7-2. Right of withdrawal :
The Consumer has a right of withdrawal in accordance with the Code of Economic Law. The right of withdrawal gives the Consumer the possibility to cancel the Sales Contract within fourteen (14) days after delivery if he is not satisfied with the Product. No obligation to state reasons or penalty is required. However, Moov360 SRL welcomes your feedback in order to improve its services. From the moment you have notified us of your wish to withdraw, you have fourteen (14) days to send us the package.
If the Consumer exercises his/her right of withdrawal in accordance with the legal requirements, Moov360 SRL shall refund the amount actually paid for the Product within thirty (30) calendar days. This rule shall also apply to orders placed in connection with promotional offers. The Consumer will receive a voucher equal to the amount of the original order, excluding return costs. The Consumer always has the right to refuse the voucher and request a refund. In this case, the Consumer will receive a refund equivalent to the total value of the order, except for the return costs. The refund will be made by the same method of payment used for the original transaction, unless you have expressly agreed to a different method of payment.
No additional fee will be charged for the refund.
The consumer is not entitled to exercise his right of withdrawal if the goods are supplied which are manufactured to the consumer's specifications or are clearly personalised.
Please note that you can only exercise your right of withdrawal in accordance with the Belgian Code of Economic Law if you formally notify us in writing within fourteen (14) days of receiving your order. The notice of withdrawal must be sent by e-mail to firstname.lastname@example.org
You then have fourteen (14) days to send us your package. Please follow the steps outlined in our delivery and returns policy for more information.
Your right to withdraw from the Contract will only apply to items that are returned in the same condition as you received them. No refund will be given if the item has been used after being opened, if it is not in the same condition as when it was delivered or if it has been damaged. You are therefore requested to take care of the item(s) in your possession. Please return the item(s) using or including the original packaging, instructions and any other documents, if any, that accompanied the item(s).
The Consumer shall be responsible for any depreciation of the Products resulting from handling beyond what is necessary to establish the nature, characteristics and operation of the Products. Moov360 SRL shall be entitled to charge the Consumer the costs of depreciation on a pro rata basis. This, however, only after Moov360 SRL has refunded the original purchase price to the Consumer.
The Consumer must return the Product by a secure means of transport to ensure that the Product arrives in good condition. We strongly recommend that you insure your shipment as you are responsible for the condition of the items and will be held liable for any damage to the items until they arrive at our warehouse. In the event of a dispute, we also recommend that you retain proof of posting.
8-1. Access to the site
The site is accessible free of charge to any user with Internet access. The equipment (computer, telephone, software, telecommunication means, ...) allowing access to the site are at the exclusive charge of the user, as well as the telecommunication costs incurred by their use. The user is solely responsible for the proper functioning of his computer equipment and his access to the Internet.
8.2. Operation of the website
MOOV360 SRL is subject to an obligation of means with regard to the operation of the site www.moov360.com Consequently, it undertakes to implement all reasonable means at its disposal to secure access, consultation and use of the site in accordance with the rules of use of the Internet. The site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the company's control and subject to any breakdowns and maintenance operations necessary for the proper functioning of the site. Maintenance work may be carried out without prior notice to users.
It is up to the user to take all appropriate measures that he/she deems useful to protect his/her own data and/or software and/or hardware from the risk of contamination by any viruses or other computer infections circulating on the Internet network, as MOOV360 SRL cannot be held responsible for any possible contamination.
8-4. Hypertext links
The site www.moov360.com offers or may offer hypertext links to other sites. Insofar as MOOV360 SRL has no influence on the content of these sites, it assumes no responsibility for the provision of these resources, and cannot be held liable for their accessibility or content.
All elements reproduced or used on the site www.moov360.com (trademarks, logos, models, computer applications, photographs, texts, illustrations, images, animated or not, video sequences, sounds, etc.) are protected by intellectual property rights. Any reproduction, exploitation, distribution or use in any capacity whatsoever, even partial, of any of these elements is strictly prohibited and shall expose its author to legal action, unless expressly authorised by MOOV360 SRL.
For any question or difficulty related to the use of the site, whether it is a request for assistance in the use of the service or a question relating to orders, the buyer may address his complaints to the following address email@example.com.
These General Terms and Conditions, our other policies and procedures are governed by and construed in accordance with Belgian law. The application of the Vienna Convention is expressly excluded.
All disputes relating to or arising from Moov360's offers or agreements shall be submitted to the Courts and Tribunals of the judicial district of Brabant Wallon (Belgium). The Parties shall first attempt to resolve their dispute amicably.
Consumers also have the possibility to submit their dispute concerning the General Terms and Conditions of Sale to an independent dispute resolution body. For more information on this alternative dispute resolution, please visit the following website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
The site www.moov360.com is the exclusive property of MOOV360 SRLwhich publishes it.
SRL with a capital of 30000€.
Tel : 0475961704
28 rue Sainte Gertrude
Registered in the Trade and Companies Register of Brussels under the number BE055548935
Intra-Community VAT number : BE0755548935
E-mail address : firstname.lastname@example.org
Director of publication : Daphne Dulait
Contact the publication manager: email@example.com
The site is hosted by Squarespace Ireland Ltd. The Pole House, Ship Street Great, Dublin 8, Ireland.
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