TERMS & CONDITIONS
Welcome to the webstore of MXDVS (referred to in these terms & conditions as “this site”).
Please note that “MXDVS” is a trading name of AbFab BVBA and that all references to “MXDVS” or to “we”, “us” or “our” on this site are to be construed as references to AbFab BVBA.
These terms & conditions apply to all transactions entered into through this site. We may change these terms and conditions at any time. Any changes will take effect on the date they are posted on this site. Your terms and conditions shall not be applicable and shall not be opposable to us.
By ordering you confirm that you are aged 18 years or over.
By ordering you confirm that you understand and accept these terms & conditions.
Any order submitted by you is your offer to enter into a contract with us. Shortly after receipt of your order we will send you an e-mail confirming the products you have ordered and that we have accepted your order subject to these terms & conditions, payment and availability of the items ordered. We must receive payment for the whole price for the goods that you order before your order can be accepted. If your payment details cannot be authorised for any reason, we will tell you. A legally binding contract between us will only come into effect when our acceptance is dispatched. The details (price etc) mentioned in the acceptance prevail over the details mentioned in any publicity.
Prices, offers and products are subject to availability and may change before (but not after) we accept your order.
You shall not be entitled to cancel orders without written permission from us. This permission shall be subject to compensation for all damaged caused by this cancellation. Without prejudice to our right to demand execution or compensation for any damage suffered in excess, you agree that this damage shall be estimated at a minimum of 30% of the amount of the invoice issued by us.
All prices and charges on this site are shown in euros, including VAT, but excluding delivery charges. The total cost of your order will be the price of the products that you order, the cost of any additional services you choose, plus the
applicable delivery charge. All these will be set out clearly in your shopping cart before you submit your order.
If a product or service is listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers then we reserve the right to cancel the contract. If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty 30 days of cancellation). In these circumstances you will not be entitled to seek compensation for disappointment suffered or for any losses, which you might otherwise have incurred.
All goods shall remain our property until payment in full shall have been received for all amounts of invoice, including costs, interests, compensation claims and taxes, if any.
Delivery shall always take place at our registered office, and always under the "ex works" condition, therefore you bear all costs and risks of transport. In the event that you were unable to receive them (including your absence at the time of delivery), you agree to pay our reasonable
additional fees for storage and redelivery, and an administration fee for re-arranging delivery. In such case we cannot accept any liability for loss or damage to products that remain in our custody and care.
We make every effort to deliver goods within a reasonable timescale and preferably within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. Estimated delivery dates are not part of the contract between you and us, and we shall be under no liability for any delay or failure to deliver the products within estimated timescales.
In the unlikely event that a product arrives damaged or faulty, claims relating to quality defects or to non-compliance shall be filed with us, under penalty of being null and void, upon delivery (in the event of visible defects) or within 2 (two) months after their discovery (in the event of latent defects).
Claims shall be filed by means of a registered letter, with mention of all relevant data, including order number and invoice number, in default whereof we shall be entitled to consider any claim as being inadmissible.
If the claim is founded, our liability shall be limited to the free replacement of the products, which appear to be defective or - depending on the case - the price of the order. You expressly recognize that any other losses, including any indirect losses, shall not be recoverable from us. You shall at any rate protect us against claims by third parties, such as your customers. The filing of claims shall not entitle you to postpone or suspend payment of the price, not even in part. Nor shall you in such case be entitled to cancel the entire order or delivery. A legal claim shall be filed within 1 (one) year after the date of delivery, in default whereof it shall be considered as inadmissible.
Return policy of non-faulty goods
For “off-the shelf” goods and in case you are a consumer you have, irrespective of the reason, the right to return the goods within seven days from the day of delivery of the goods without any compensation being charged. In such case we will refund the sum paid, minus the costs of transportation to the card used for payment.
This non-quibble refund is subject to the return of the goods in the same condition that they were delivered (properly repacked in their original packaging if they were removed from it). In case it concerns goods to be assembled and if the goods are returned after having started to assemble them, then they should be disassembled to be considered as properly returned. You are responsible for all costs of returning the goods.
If the goods are not properly repacked and therefore cannot be resold as new, we reserve the right to apply a charge of 30% of the price you paid for the goods, which you agree we may discount from your refund for the goods.
If the goods are damaged whilst in your care or if you fail to return all parts of the goods, we have the right to withhold payment of all or part of the refund in respect of the goods as compensation for our loss on these goods.
Hand-made goods cannot be cancelled or returned once the order is accepted.
All specifications and product concepts are our private property and may only be used by you in as far as necessary for the use of these products. Reproductions or use of this information for other purposes is forbidden. Also reproduction and use is forbidden of every trademarks and other distinctive signs in this site.
Our entire liability to you under these terms & conditions shall not exceed the price paid for the goods you have purchased through this site, provided that we have taken reasonable care when we deliver the goods to you.
In any case, we will not be liable to you for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
We will not be responsible for any delay or failure to comply with these terms & conditions if the delay or failure arises from any event which is beyond our reasonable control. Such events would include but are not limited to strikes, lockout, stagnation in transportation, fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods, difficulties in obtaining supplies, scarcity of materials or shortage of products which are indispensable for the manufacture.
If you breach these terms & conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach them.
In the event that one or more of the terms set out in these terms & conditions is held to be invalid by a competent authority, the remaining terms shall continue to have effect and you will still be bound by them.
You agree to submit to the exclusive jurisdiction of the Courts of Antwerp (Belgium) for all disputes out or in connection with all contracts of sale between you and us and arising out or in connection with these terms & conditions. In the case you are a consumer you may only summon us before the Courts of Antwerp (Belgium).
All contracts of sale between the parties, as well as these terms & conditions are governed exclusively by Belgian Law, excluding the Sale of Goods Act 1986 (Vienna Convention).
In order to process your order and payment and make delivery of your goods we collect personal data (credit or debit card number, your name, address, telephone number and email address).
By providing us with these data, you consent to us processing this information for your order or for sending you messages that we think will be of interest to you (special offers or information about new products and services).
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
If you would like to:
update your contact information, contact us at firstname.lastname@example.org
remove your name from our mailing list, contact us at email@example.com
ask us any questions, contact us at firstname.lastname@example.org
By using this website, the user understands and agrees with the following:
All material included on our website (pictures, images, texts, video-clips, etc.) is for informational purposes only and does not commit us in any way. You should bear in mind that the colours of goods as shown on the website will depend on many factors, including your display settings.
We do not warrant that this site will be available at any time or that this site or the server that makes it available are or will be free of viruses or any error or fault in the programming that will cause it or your computer to malfunction. We decline any responsibility as to the full functionality, accuracy, and reliability of this site. We will not be responsible or liable to you for any loss or content or material uploaded or transmitted through this site and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this site.
Reproduction of part or all material included on our website in any form is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.