Definitions
“Client”: The counterparty to a trade relationship with MOSA-FREIN who does not qualify as a professional.
“Confirmation of order”: The order confirmation is explicitly and exclusively indicated by an email generated by MOSA-FREIN and sent to the email address indicated by the customer.
“Product”: one of the products available for sale either in store or on the website of MOSA-FREIN.
Article 1 - Purpose
These general Terms and Conditions include the terms of use of MOSA-FREIN's website
(www.mosa-frein.be) as well as the general terms and conditions for the sale of the Products to the Client via MOSA-FREIN's website (hereinafter "the Conditions").
Prior to the use of MOSA-FREIN's website, the Client is to read carefully these Conditions. By using MOSA-FREIN's website or by ordering any Products on MOSA-FREIN's website, the Client accepts, unless proven otherwise by the Client, that he/she is bound by these Conditions.
MOSA-FREIN is entitled to make changes to these Conditions at any time. The applicable Conditions will be the ones in force at the time of the use of this website or of the conclusion of the Contract.
Article 2 – Tradename - Contact information
The sale of the Products via MOSA-FREIN's website occurs under the tradename MOSA-FREIN by the private limited company MOSA-FREIN SPRL whose head office is located at 5002 NAMUR (Belgium), chaussée de Waterloo 490, registered at the Crossroads Bank for Enterprises under the number BE 0426.848.696.
The Client can contact MOSA-FREIN either via the hereabove mentioned address or by using the contact form available on MOSA-FREIN's webiste or via the following email address: mail@mosa-frein.be or by phone +32 81 73 32 73.
Article 3 – Contract conclusion
In no case shall the information available on MOSA-FREIN's website constitute a binding offer of the Products therein presented.
Consequently, as long as it has not been confirmed to the Client by MOSA-FREIN that his/her order is accepted, no Contract can be considered as being validly concluded.
Once the online order process on MOSA-FREIN'S website is successfully completed by the Client, MOSA-FREIN reserves the right to accept or refuse the said order. MOSA-FREIN's approval of the order and subsequent conclusion of the contract can solely be deducted from the sending of the order confirmation to the Client at the email address he/she will have indicated when ordering the Product.
Article 4 - Products availability
All orders of Products are submitted to the availability of these Products.
Article 5 – Price - Payment
The prices are labelled in euros, including VAT.
The prices are those indicated on MOSA-FREIN'S website, except in case of manifest error.
If MOSA-FREIN detects an error in the price of one or several ordered Product(s), MOSA-FREIN will inform the Client thereof as soon as possible and will offer either to confirm his/her order at the correct price or to cancel it. If MOSA-FREIN cannot get a response from the Client on the alternative offered to him within eight days, MOSA-FREIN will cancel the order and will refund the amounts paid.
The prices do not include delivery fees. These are addressed in article 6.
The prices are not revisable. However, MOSA-FREIN could pass on to the prices supplier price increases which occurred between the order and the delivery as well as the modification of the VAT rate or any new taxes that would enter into force prior the delivery date.
The payment modalities are indicated on MOSA-FREIN's website and available via this link https://b2c.mosa-frein.be/en/content/5-secure-payment
Article 6 – Delivery
After confirmation of the order and subject to full payment of the price and costs, MOSA-FREIN will dispatch the Product(s) to the Client at the delivery address he/she indicated in the order within a notice of three business days.
MOSA-FREIN offers several delivery modalities subject to tariffs applicable when concluding the Contract. The payment modalities and their respective tariffs are available on MOSA-FREIN's website via this link https://b2c.mosa-frein.be/en/content/1-delivery
If an order were to be delivered in several installments due to the unavailability of certain Products, the delivery fees will only be charged to the Client once.
Regardless of the dispositions applicable to the availability of the Products and to force majeure, MOSA-FREIN will make all efforts to execute the order of the Product(s) concerned in each Confirmation of order before the delivery date indicated in this order or, if no delivery date is specified, within the estimated delay which is indicated when choosing the delivery modality and, in any case, within a delay of maximum thirty days as from the confirmation date of the order.
If MOSA-FREIN is unable to meet the delivery date for any reason, MOSA-FREIN will inform the Client as soon as possible and will propose him/her either to continue the execution of the Contract with a new delivery date, or to terminate the Contract and reimburse all amounts paid by the Client.
The delivery will be considered as executed or the order will be considered as delivered at the moment when the Client or a third party designated by the latter will be in physical possession of the Product(s), which will materialize by the signature of the acknowledgment of receipt of the order at the agreed delivery address.
Article 7 – Retention of title
The Products sold remain MOSA-FREIN's propriety until full payment of the price and of the delivery fees.
Article 8 – Risks transfer
The risks linked to the Products are transferred to the Client when the Client or a third party designated by the latter and other than the carrier takes physical possession of the Products.
Article 9 – Withdrawal right
• Legal withdrawal right
The Client disposes of the right to withdraw from the Contract concluded without giving any reason within a delay of 14 calendar days.
The delay expires 14 calendar days after the day the Client or a third party other than the carrier and designated by the Client, takes physical possession of the sold Product. If the contract concerns several Products ordered via one single order, and if these Products are delivered separately, the withdrawal delay expires 14 calendar days after the day the Client or any third party designated by the latter and other than the carrier takes physical possession of the last Product.
To exercise the withdrawal right, the Client must notify to MOSA-FREIN his/her decision to withdraw from the Contract via an unambiguous statement e.g. via phone, via a letter sent per post, per fax or per email) or use the withdrawal form available in annex to these Conditions.
In order the withdrawal right to be respected, the Client shall transfer his/her statement relating to the exercise of the withdrawal right before the expiration of the 14-day withdrawal delay.
• Effects of the withdrawal
In case of withdrawal, we will refund all payments of the Client perceived including the delivery fees (except additional costs deriving from the fact that the client chosed, if applicable, a delivery method other than the standard less expensive delivery method offered) without any excessive delay and, in any case, at the latest 14 calendar days as from the day when MOSA-FREIN was informed of the Client's decision to withdraw. MOSA-FREIN will proceed to the refund by using the same payment modality than the one used by the Client for the initial transaction, unless expressly agreed otherwise. In any case, this refund shall not cause costs for the Client.
MOSA-FREIN reserves the right to differ the refund until the reception of the Product(s) or until the Client gives a proof of the dispatching of the Product(s), the reference date being that of the first of these facts.
The Client must send or give back the Product(s) to MOSA-FREIN to the address mentioned in article 2, without excessive delay and, in any case, at the latest 14 calendar days after having communicated his/her decision to withdraw. This delay is deemed to be respected if the Product is sent back before the expiration of the 14-day delay.
The direct costs of return are borne by the Client.
The Client will have no right to any refund if the delivered Product was used, if it is not in the same conditions than when delivered or if it was damaged. The Client will be entitled to refund if the depreciation of the Product results from necessary manipulations in vue of ensuring the nature, the quality and the functionning of this Product.
MOSA-FREIN invites the Client to send back the Products in their initial packaging as well as to join any document, if applicable, accompanying the Products and imperatively the order recapitulative file joined upon delivery.
• Exception to the withdrawal right
Notwithstanding, the Client has no right to withdraw in case the Contract concerns the goods which are manufactured according to his/her own specific features or highly customized.
Article 10 – Consumer goods warranty
According to articles 1649bis to 1649octies of the Civil code, MOSA-FREIN will be liable of any manufacturing defect that would exist when the Product is delivered and that would appear within a two-year delay as from the said delivery.
The defect is deemed not to exist if, at the moment of the conclusion of the contract, the Client was aware of the manufacturing defect or could not reasonably ignore it or if the manufacturing defect is attributable to the Client.
It is agreed that the Client will have to notify any manufacturing defect, in writing, within a maximum two-month delay as from the day when the defect was stated. The non-compliance with this obligation will entail the loss of the Client's rights for lack of conformity.
Article 11 - Liability
Unless expressly provided for in the present Conditions, MOSA-FREIN's liability with regard to any Contract concluded via MOSA-FREIN's website is strictly limited to the price of the Products which are the object of the Contract.
Additionally, MOSA-FREIN will not be held liable for the following motives: loss of chance, loss of income or contracts, loss of data and loss of time.
Despite its highest vigilance, MOSA-FREIN will not guarantee the accuracy nor the security of the information transferred or obtained via this website, except unless expressly stated otherwise.
Notwithstanding, MOSA-FREIN's liability will not be subject to any exclusion or limitation in the following cases: (i) the death or the physical injuries caused by MOSA-FREIN's negligence ; (ii) the wilful misrepresentation ; or (iii) in all cases where a limitation or MOSA-FREIN's liability would be illgeal or abusive.
MOSA-FREIN declines all liability in case of loss or problem resulting from a virus or any other technological damage caused to your computer equipment and your data resulting from the use of MOSA-FREIN's website or resulting from the download of files MOSA-FREIN sent you.
Article 12 – Force majeure
MOSA-FREIN will not be liable of the inexecution or delay in the execution of any of MOSA-FREIN's obligations anytime this inexecution derives from a case of force majeure within the meaning attributed to it by the Belgian courts, including epidemics and pandemics including Coronavirus or assimilated quarantines.
In case of force majeure, MOSA-FREIN's contractual obligations will be suspended during the entire duration of the force majeure and MOSA-FREIN's execution delays will, if applicable, be extended of a delay equivalent to the duration of the force majeure. If the force majeure results in a definitive impossibility of performance of MOSA-FREIN's contractual obligations, we will be released from them.
Article 13 – Intellectual Property Rights
The Client expressly acknowledges that all intellectual property rights relating to the content of MOSA-FREIN's website will remain MOSA-FREIN'S exclusive property or that of the persons from whom MOSA-FREIN holds a license. The Client can thus in no case make any use of the rights without having been expressly and previously allowed to use these. The Client may however use MOSA-FREIN's website to the extent necessary to keep a copy of the information relating to the Contract and to his/her personal data.
Article 14 - Communication
Any communication towards the Client will be deemed correctly performed if it is addressed to the email or post address indicated by the Client at the conclusion of the Contract.
Article 15 – Personal data protection
The personal data of the Client and, if applicable, of his/her natural person representative, are subject to the registration in MOSA-FREIN's data base as well as in paper format. The Controller and the Personal Data Management Officer is MOSA-FREIN SRL e-mail : mail@mosa-frein.be
The personal data that MOSA-FREIN collects are the following: your gender, your name, post address, email address, phone number, payment details and delivery address.
Your data are collected on the following legal ground: your consent, in execution of the contractual relationship between you and MOSA-FREIN so that MOSA-FREIN complies with its legal obligations or pursue a legitimate interest.
The processing of your data by MOSA-FREIN has as purpose the possibility of allowing us to fulfill MOSA-FREIN's contractual obligations, to inform you of MOSA-FREIN's services, for direct marketing purposes and for statistical purposes. The recipients of the data are exclusively the staff members of MOSA-FREIN as well as eventual subcontractors or MOSA-FREIN. The data collected are stored for the duration necessary for the accomplishment of the purposes for which the data are being processed and that is three years as from the civil year during which the last contract with the Client has been executed.
Each person whose data are processed by us has the right to consult these data which will be transmitted to him in a clear, concise and intelligible format and, in case of inaccuracy of these data, has the right to rectify these data and/or to complete these. Each concerned person has also the right to request the limitation of the processing of its data in the cases foreseen at article 18 of the Regulation EU/2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Finally, the concerned person has the right to request the cancellation of his/her data when the data processing of the latter is no longer necessary for the execution of the contractual relationships that bind us.
In view of exercising the rights stated here above, the concerned person send sfor free a written request via email to the following email address mail@mosa-frein.be This request must be accompanied of a copy of both sides of the identity card conform article 12 of the aforementioned Regulation.
The person concerned has the right to introduce a claim concerning the exercise of its his/her rights before the Data protection Authority, rue de la Presse 35, 1000 Brussels.
Tel.:+32 (0)2 274 48 00
Fax:+32 (0)2 274 48 35
e-mail:contact@apd-gba.be
Article 16 - Renunciation
No renunciation by MOSA-FREIN to any of its rights can be deducted except from MOSA-FREIN's express, certain and written expression in this sense.
Article 17 - Nullity
The nullity of any of the clauses of the present Conditions will only be limited to the void clause and will not affect the rest of the Conditions.
Article 18 – Applicable Law
The use of MOSA-FREIN's website as well as any Contract concluded via MOSA-FREIN's website are governed by Belgian Law. However, the present disposition can in no case affect the most favorable dispositions of which the Client benefits, if applicable, in application of its national law.
Article 19 – Online settlement of consumer disputes
Conform article 14 of the EU/524/2013 Regulation of 21 May 2013 relating to online settlement of consumer disputes, we hereby communicate you the link towards the platform of consumer disputes online settlement: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Article 20 – Competent courts
Any litigation relating, directly or indirectly, to the use of the website, the conclusion, execution or interpretation of the Contracts concluded through the website shall be subject to the jurisdiction of the courts of Liège (Belgium)Division Namur, without prejudice of the application of article 624, 1°, 2° & 4° of the judicial code nor of the rights of which the Client benefits, if applicable, in application of the most protective dispositions of its national law.
Article 21 - Customer Reviews
The user agrees that MOSA-FREIN has the possibility to contact him/her after placing an order to evaluate his/her experience with the webshop as well as his/her review of the purchased product(s).
The opinion thus obtained may be used by MOSA-FREIN for instance to evaluate the quality of its services or to publish it on one of the MOSA-FREIN websites or any other advertising medium, without any compensation for the customer. MOSA-FREIN may display the following information concerning a notice:
· Date of the filing of a notice
· First name and first letter of the author's surname
· The make and model of the vehicle for which parts were purchased
The customer notices will be kept and may be used by MOSA-FREIN throughout the listing period of the product(s) covered by the notice.
A customer notice may not include comments that:
· are not related to a purchase actually made in the MOSA-FREIN webshop.
· are unlawful: rude, insulting, discriminatory, ...
· are unintelligible
· are defamatory
· contains personal information (name, address, telephone number...) which could result in identity theft
· are made for the purpose of commercial canvassing
· promotes a competitor of MOSA-FREIN
MOSA-FREIN reserves the right to carry out a moderation of the publications of customer comments, for example, by not publishing or by modifying the contents which would not respect the present general conditions or the contents which MOSA-FREIN considers inappropriate.
ANNEXE
Withdrawal form
(form to complete and send to MOSA-FREIN only if you wish to withdraw from the contract)
Addressee: SPRL MOSA-FREIN, exercising its activities under the tradename « MOSA-FREIN »;
I hereby inform you of my decision to exercise my right of withdrawal of the sales contract for the following items:
Ordered / received on (*)
Name of the Client
Address of the Client
Signature of the Client (only if the forms are in paper format)
Date
(*) Scratch the unnecessary mention
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