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MOOV360 SRL operates the www.moov360.com website, which specializes in the sale of eco-designed sporting goods and accessories. The present general contractual conditions apply to any visit to the present site, and mere access to the site implies acceptance of the present general conditions, which will apply in particular to any agreement entered into by them on the said site.
The present general terms and conditions of contract are available to the user at any time on the www.moov360.com website, where they can be consulted directly or obtained on request. They form the sole basis for commercial negotiation and take precedence over the contracting party’s general terms and conditions.
Moov360 SRL is free to modify its general contractual conditions at any time. Users are therefore advised to regularly check the latest version of the general terms and conditions. In the event 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 quotation.
For the purposes of these General Terms and Conditions of Sale, the following definitions shall have the following meanings:
(i) “Consumer”: Any Customer (natural person) acting for purposes which do not relate 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) “Products”: All goods covered by one or more Sales Contracts.
(iv) “Goods manufactured according to the Consumer’s specifications”: Non-prefabricated products manufactured on the basis of an individual choice or decision by the Consumer.
(v) “Sales Contract”: Any contract under which Moov360 SRL undertakes to transfer ownership of the Products to the Customer and where the Customer in turn undertakes to pay the price of the Products.
The www.moov360.com website offers users the opportunity to purchase eco-designed sports goods and accessories while stocks last. Each product is described in detail, with its essential features, so that users can choose a product suited to their needs.
The products comply with current health and safety regulations. The photographs illustrating the products do not constitute a contractual document.
3.1 – Ordering
All contracts are formed in the French language, as follows:
– connection to the user’s personal account using the username and password chosen by the user when creating the account (the username and password chosen by the user are personal and confidential. The user undertakes to keep them secret and not to divulge them in any form whatsoever to third parties. The user is solely responsible for the use of his/her login and password. Any connection to the site or transmission of data using the user’s login or password will 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 unauthorized use of access codes and their consequences are the responsibility of the user. If the User forgets his/her password, Moov360 SRL will provide the User with a means of retrieving a new access code by e-mail as soon as possible).
– the user selects one or more products.
– the user confirms his order after checking his selection. They can then check the details of their order and its total price, and correct any errors.
– the user selects the delivery mode.
– the user acknowledges and accepts these terms and conditions by checking the appropriate box.
– the user selects the method of payment for his order.
– the user confirms his order and payment. This confirmation leads to the formation of the contract. Moov360 SRL keeps the applicable general terms and conditions of contract. All data provided and confirmation of the order are recorded on a reliable and durable medium by MOOV360 SRL, which retains them for a period of 10 years and may be recorded by the purchaser. They will serve as proof of the transaction.
3.2 – Order confirmation
MOOV360 SRL shall immediately send confirmation of the registered order in the form of an e-mail to the address communicated by the purchaser when creating his/her personal account. This order confirmation includes all information communicated by the purchaser with an indication, where applicable, of any difficulties or reservations raised by the order as well as the order reference number assigned by MOOV360 SRL.
3.3 – Order modification
Any modification of the order by the purchaser after confirmation of the order is 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 firstname.lastname@example.org.
Consumers have a cooling-off period of thirty calendar days from receipt of the order. The consumer shall inform MOOV360 SRL of his/her decision to withdraw from the contract by sending the return form by e-mail (email@example.com) before the expiry of the deadline.
The purchaser shall return the unworn, unworn, unwashed product in its original bag at his own expense, at the latest within fifteen days of communicating 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 totality of the same order, at the latest within fifteen days following the date on which the consumer informed MOOV360 SRL of his/her 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 recovery of the products or until the consumer has provided proof of shipment, reimbursement being made on the date of the first of these events. The consumer is liable for any deterioration of the products.
4.1 Terms of delivery
Delivery takes place when the products are handed over to the buyer. Delivery is made to the address given by the purchaser at the time of ordering. Where applicable, the delivery note must be signed by the purchaser, who must check the conformity and condition of the product packaging on receipt. Any damaged product must be refused and any reservations must be immediately recorded on the delivery slip and sent to the carrier and to MOOV360 SRL by registered letter with acknowledgement of receipt within three clear days. If the purchaser is a consumer, has personally taken delivery of the goods and the carrier cannot prove that he was given the opportunity to check that they were in good condition, this period is extended to 10 days.
MOOV360 SRL will organize the transport. Delivery charges are at the buyer’s expense. 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 risk
The transfer of risk occurs upon delivery of the products to the purchaser, the products travelling at the risk of MOOV360 SRL.
4.4 Late or non-delivery
Delivery times are thirty calendar days, unless otherwise stated. The purchaser is informed that these delivery times may be increased, particularly in the event of stock shortages or new products being manufactured. Exceeding deadlines may not give rise to damages, deductions or automatic cancellation of orders in progress. In the event of delays, the consumer may instruct MOOV360 SRL, in writing on any other durable medium, to make 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 rescission of the sale, which shall take effect upon receipt of the request by MOOV360 SRL. The purchaser will then be reimbursed all sums paid, at the latest within fourteen days of the date on which the contract was terminated. In any event, MOOV 360SRL cannot be held responsible for non-delivery in the event of impossibility of delivery due to an error or omission on the part of the purchaser when entering the delivery details.
Products are supplied according to the prices and commercial operations in force at the time the order is placed. Prices include 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 purchaser before the order is validated.
While we strive 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 either to reconfirm the order at the correct price or to 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 dispatch of our Dispatch Confirmation), if the price error is obvious and characteristic and could reasonably have been identified by you as such.
The Customer must communicate any complaints regarding price or payment in writing within seven (7) calendar days of receiving confirmation of the order. Filing 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 order and is payable by credit card, Paypal or bank transfer. Payment is made in euros. If payment is made by credit card, it is made via a secure payment system that encrypts the transmission of bank details. MOOV360 SRL reserves the right to verify the data communicated by the purchaser and to adopt all measures necessary for their verification. MOOV360 SRL may require the purchaser to prove his/her identity. Failure by the purchaser to respond to such a request within three calendar days of the request being made by MOOV360 SRL shall automatically result in termination of the sale concerned. An invoice is sent to the buyer at the time of delivery.
7-1- Legal warranty :
Each Consumer benefits from a legal warranty period of two (2) years. The Consumer may invoke the legal warranty 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 of delivery, it will be presumed that the defect has existed since delivery. Moov360 SRL can prove otherwise.
– If the Product defect 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 warranties 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 must check the conformity of the Products at the time of delivery. If the Product is affected by a visible defect, and the recipient notices this defect, he is obliged to file a complaint.
The Customer shall communicate such claims to Moov360 SRL in writing and in an explicit, unambiguous and reasoned manner. This must be done within three (3) calendar days of delivery to the Customer or to the third party designated by the Customer, at the e-mail address firstname.lastname@example.org. It is the customer’s duty 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 is required to return the non-conforming Product to Moov360 SRL within fourteen (14) calendar days of filing the claim for repair, replacement or refund. Otherwise, the suspension of the legal warranty period will be considered null and void.
The fourteen (14) calendar day period does not apply when it is clearly demonstrated that the Product has been damaged in transit. In this case, the Customer must return the Product without delay and at the latest within three (3) calendar days of 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. Any breach of this obligation 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 insured return postage to avoid the risk of loss or theft. This return must be made within seven (7) calendar days of the communication.
If the above conditions are met, the customer is entitled in the first instance to repair or replacement of the products ordered 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 if the same Product is not available, the Customer will receive a voucher for the value of the original order. The customer always has the right to refuse the voucher and demand a full refund.
Moov360 SRL shall only be liable for a refund if the repair or replacement no longer provides the same benefit to the Customer as the original purchase. The customer must communicate this reason in a clear and reasoned manner. Under no circumstances may compensation or reimbursement exceed the amount invoiced to the Customer.
If the Products have been returned when the conditions were not met, Moov360 SRL will return them to the Customer. The cost of this shipment will 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 costs have been paid.
Unless otherwise expressly stated in these Terms, our liability for 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 opportunity to cancel the Sales Contract within fourteen (14) days of delivery if he is not satisfied with the Product. There is no obligation to state reasons and no penalty. However, Moov360 SRL welcomes your feedback to help us improve our services. From the moment you have notified us of your wish to withdraw, you have fourteen (14) days to send us the parcel.
If the Consumer exercises his/her right of withdrawal in accordance with the legal conditions, Moov360 SRL shall refund the amount actually paid for the Product within thirty (30) calendar days. This rule also applies to orders placed during promotional offers. The Consumer will receive a voucher equal in value to the amount of the initial order, with the exception of return shipping 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, excluding return shipping costs. Refunds 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 supply of goods that are manufactured are made to the specifications of the Consumer or if they are clearly personalized.
Please note that you can only exercise your right of withdrawal in accordance with the Belgian Code of Economic Law if you formally inform us in writing within fourteen (14) days of receipt of your order. Notification of withdrawal should be sent by e-mail to email@example.com
You then have fourteen (14) days to send us your parcel. 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 in which you received them. No refund will be given if the item has been used after opening, if it is not in the same condition as when delivered or if it has been damaged. Please take good care of the item(s) in your possession. Please return items using or including their original packaging, instructions and any other documents that may have accompanied them.
The Consumer is responsible for any depreciation of the Products resulting from handling beyond what is necessary to establish the nature, characteristics and functioning 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 safe means of transport in order 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 reach our warehouse. In the event of a dispute, we also recommend that you keep proof of dispatch.
8-1. Site access
The site is accessible free of charge to any user with Internet access. The equipment (computer, telephone, software, means of telecommunication, etc.) used to access the site are the exclusive responsibility of the user, as are the telecommunication costs incurred by their use. The user is solely responsible for the proper functioning of his/her computer equipment and Internet access.
8.2. How the website works
MOOV360 SRL is subject to an obligation of means with respect to the operation of the www.moov360.com site. Consequently, it undertakes to use 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 cases 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 operation of the site. Maintenance work may be carried out without prior notice to users.
It is the user’s responsibility to take all appropriate measures 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. MOOV360 SRL cannot be held liable for any such contamination.
The www.moov360.com site 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 availability of these resources, and cannot be held liable for their accessibility or content.
All elements reproduced or used on the www.moov360.com website (trademarks, logos, models, computer applications, photographs, texts, illustrations, animated or non-animated images, 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 exposes its author to prosecution, unless expressly authorized in advance by MOOV360 SRL.
For any questions or difficulties relating to the use of the site, whether 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: firstname.lastname@example.org.
These Terms and Conditions and our other policies and procedures shall be governed by and construed in accordance with the laws of Belgium. The application of the Vienna Convention is expressly excluded.
All disputes arising out of or in connection with Moov360’s offers or agreements shall be submitted to the Courts and Tribunals of the judicial district of Brabant Wallon (Belgium). The Parties will first attempt to resolve their dispute amicably.
Consumers also have the option of submitting their dispute concerning the General Terms and Conditions of Sale to an independent dispute resolution body. For more information on ADR, please visit https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
The www.moov360.com website is the exclusive property of SRL MOOV360, which publishes it.
SRL with a capital of 30000€.
28 rue Sainte Gertrude
Registered with the Brussels Trade and Companies Register under number BE055548935
Intracommunity VAT number: BE0755548935
E-mail address: email@example.com
Publication manager: Daphné Dulait
Contact the publication manager: firstname.lastname@example.org
The site is hosted by Squarespace Ireland Ltd. Le Pole House, Ship Street Great, Dublin 8, Ireland.
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