Alle folgenden Kapitel dieser Allgemeinen Geschäftsbedingungen sind in der englischen Sprache verfasst worden. MOX B.V. erwartet von ihren Kunden, dass sie der englischen Sprache mächtig sind und in der Lage sind, die englischen Allgemeinen Geschäftsbedingungen (AGB) zu verstehen. Mit dem Zustimmen dieser AGB, bestätigt der Kunde das er/sie der englischen Sprache mächtig ist, den Inhalt dieser AGB verstanden hat und den Inhalten dieser AGB zustimmt. Wenn es Klärungsbedarf bzgl. Einzelheiten dieser AGB gibt, kann per E-Mail Kontakt mit uns aufgenommen werden: support@mox-optics.com.

Definitions

  1. MOX: MOX B.V., established in Waalre, The Netherlands, Chamber of Commerce (KvK) no. 87324679.
  2. Customer: the party which MOX has entered into an agreement with.
  3. Parties: MOX and Customer together.
  4. Consumer: a Customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of MOX.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by MOX are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. MOX is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which MOX could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

  1. If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Payments and payment term

  1. The purchase price is due immediately at the time of the order.
  2. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without MOX having to send the customer a reminder or to put him in default.
  3. MOX reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Right of recovery of goods

  1. As soon as the customer is in default, MOX is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. MOX invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to MOX, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
    1. the product has not been used
    2. the product is returned in the original packaging and with the original (price) tags still attached to it
    3. in case of goggles or a lens, the protective film on the inside of the lens has not been removed
    4. the product was not specially tailored for the consumer or adapted to its special needs
    5. it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
    6. the consumer has not renounced his right of withdrawal
  2. The cooling-off period of 14 days as referred to in paragraph 1 commences
    1. on the day after the consumer has received the last product or part of an order
    2. as soon as the consumer has received the first product of a subscription
  3. The consumer can notify his right of withdrawal via support@mox-optics.com, if desired by using the withdrawal form that can be downloaded via the website of MOX, https://mox-optics.com/withdrawal-form. Furthermore, the consumer can notify his right of withdrawal via the online return form https://mox-optics.com/return-form.
  4. The consumer is obliged to return the product to MOX within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

  1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law or by contract, MOX will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product(s) to MOX in time.

Reimbursement of return costs

  1. If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer, unless the returned products include goggles or a goggle lens.

Suspension of obligations by the customer

  1. The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

  1. MOX can appeal to his right of retention of title and, in that case, retain the products sold by MOX to the customer until the customer has paid all outstanding invoices with regard to MOX, unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to MOX.
  3. MOX is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

  1. The customer waives his right to settle any debt to MOX with any claim on MOX.

Retention of title

  1. MOX remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to MOX under whatever agreement with MOX including of claims regarding the shortcomings in the performance.
  2. Until then, MOX can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
  4. If MOX invokes its retention of title, the agreement will be dissolved and MOX has the right to claim compensation, lost profits and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at MOX unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed price is not paid on time, MOX has the right to suspend its obligations until the agreed price is fully paid.
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by MOX.
  6. If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.

Delivery period

  1. Any delivery period specified by MOX is indicative and does not give the customer the right to dissolution or compensation if this period is not met, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from MOX.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless MOX cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

delivery information

  1. The customer is responsible for providing MOX with correct delivery information (e.g., name and address).

Transport costs

  1. Transport costs for the delivery of goods are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of such, MOX may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to MOX, failing such, MOX cannot be held liable for any damage.

Garantie

  1. The warranty relating to products only applies to defects caused by faulty manufacturing, construction, or materials for a period of two years after purchase.
  2. The warranty does not apply in the event of normal wear and tear nor due to damage resulting from accidents, changes made to the product, negligence, or improper use by the customer, or when the cause of the defect cannot clearly be established.
  3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

In case the customer receives a product that has any signs of damage, warranty only applies if:

  • the customer informs MOX about the issue within five days after receiving the product, and
  • the customer did not use the product and returns it in its original packaging, and
  • in case the product is a pair of goggles or a lens, the protective film on the lens has not been removed.

Indemnity

  1. The customer indemnifies MOX against all third-party claims that are related to the products and/or services supplied by MOX.

Complaints

  1. The customer must examine a product or service provided by MOX as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform MOX of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. The customer gives a detailed description as possible of the shortcomings, so that MOX is able to respond adequately.
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.
  5. If a complaint relates to ongoing work, this can in any case not lead to MOX being forced to perform other work than has been agreed.

Giving notice

  1. The customer must provide any notice of default to MOX in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches MOX (in time).

Liability

  1. MOX is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If MOX is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. MOX is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
  4. If MOX is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

  1. Every right of the customer to compensation from MOX shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if MOX imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by MOX is not permanent or temporarily impossible, dissolution can only take place after MOX is in default.
  3. MOX has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give MOX good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeur

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of MOX in the fulfillment of any obligation to the customer cannot be attributed to MOX in any situation independent of the will of MOX, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from MOX .
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a situation of force majeure arises as a result of which MOX cannot fulfill one or more obligations towards the customer, these obligations will be suspended until MOX can comply with it.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. MOX does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

  1. MOX is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by MOX with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

privacy policy

  1. By using the services provided by MOX, you agree to our Privacy Policy.

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with MOX to third parties without the prior written consent of MOX.
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what MOX had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where MOX is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

EU Dispute Resolution

  1. Information on online dispute resolution: Consumers have the option to submit complaints to the EU’s online dispute resolution platform: https://ec.europa.eu/consumers/odr . You can also send any complaints to the e-mail address given above.