Disclaimer

1.Introduction
 

1.1 This disclaimer shall govern your use of our website.
 

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
 

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.Credit
 

2.1 This document was created using a template from
SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) [2014] [Moderna Products ©].

3.2 Subject to the express provisions of this disclaimer: (a)we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b)all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

4.Licence to use website

 

4.1 You may: (a)view pages from our website in a web browser;

(b)download pages from our website for caching in a web browser; and (c)print pages from our website, subject to the other provisions of this disclaimer.

 

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

 

4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material,
you must not: (a)republish material from our website
(including republication on another website); (b)sell, rent or sub-license material from our website; (c)show any material from our website in public; (d)exploit material from our website for a commercial purpose; or (e)redistribute material from our website.

 

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

5.Acceptable use

 

5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (e) access or otherwise interact with our website using any robot, spider or other automated means; (f) violate the directives set out in the robots.txt file for our website; or (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

6.Limited warranties

 

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

 

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury
resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this
Section 7 and elsewhere in this disclaimer: (a) are subject to Section 7.1; and (b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8.Variation

8.1 We may revise this disclaimer from time to time.

 

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

 

9.Severability

 

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

10. Law and jurisdiction

 

10.1 This disclaimer shall be governed by and construed in accordance with Belgian law.

10.2 Any disputes relating to this disclaimer shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of Belgium.

11. Our details

 

11.1 This website is owned and operated by Moderna Products.

11.3 Our principal place of business is at
V.Saelenstraat 1 in Izegem, Belgium.

 

11.4 You can contact us by writing to the business address given above, by using our website contact form, by email to info@modernaproducts.com

General conditions

1.Moderna Products Ltd

Lodewijk de Raetlaan 36

8870 Izegem

Belgium

 

VAT BE0405574519

CBE 0405574519

 

Hereinafter referred to as ‘MP Ltd’ or ‘seller’

 

Contact us :

T: +32 51302338

F: +32 51312649

E: info@modernaproducts.com

 

 

 

2. Applicability of the general conditions

Except with the written agreement between the parties, the current general sales conditions may not be deviated from. The customer who places an order with us, unconditionally accepts the current general terms and conditions of sale, even though they are not expressly stated on the order or the order confirmation. The buyer may not unilaterally amend these general conditions of sale.

It is possible that for certain products different conditions apply. In that case, these different conditions will be clearly communicated in advance and these specific conditions take precedence over the general conditions. MP Ltd sells exclusively to professional consumers therefore it is only possible to place orders with MP Ltd as a business entity, not as an end consumer. Whoever places an order with MP Ltd will automatically be assumed to be a trader. All agreements that are closed via this website are therefore subject to B2B (Business-to-Business) conditions. Buyers will in no case be able to invoke consumer rights. MP Ltd reserves the right to refuse orders to anyone appearing not to act as a trader, but it is not the responsibility of MP Ltd to check every buyer whether they are traders or end consumers. A quotation is valid for two months. Estimates can change due to a change in workload or the cost of raw materials.

 

3. Offer and price

All prices, proposals, offers or orders addressed to our sales department, both orally and in writing, are only binding for us after our written confirmation. The content of the order confirmation is the final contract. Every order, offer and/or order confirmation from the customer is irrevocably binding. If the customer for whatever reason cancels the order, refuses to take delivery or make delivery impossible, the agreement is legally deemed to be annulled in his disadvantage and he owes compensation of a minimum 25% of the price, exclusive of VAT.  Any higher amount is subject to our proof and justification of that amount. The listed weights and/or dimensions are only approximate and not binding.

 

4. The agreement

The agreement is established by either placing an ‘offline’ order by telephone, fax or any other means. The ‘online’ agreement between MP Ltd and the buyer comes about solely through electronic means of communications or the website. The buyer receives an overview of the order, and as soon as he clicks on the order button on the overview page, this overview serves as an irrevocable agreement between MP Ltd and the buyer. After the agreement has been irrevocably concluded, an order overview will be sent by email. This acts as an order form. It is the responsibility of the buyer to keep a copy or the order form. Although MP Ltd does its best to keep the website updated, it cannot guarantee 100% that the goods offered on the website will always be in stock. In the case an ordered item is not in stock, the delivery time will be extended by a time period MP Ltd deems necessary to produce the item. MP Ltd reserves the right to cancel the agreement if the buyer does not appear to possess the financial means to honor the agreement or if the buyer does not satisfy the conditions to become a client of MP Ltd.

5. Right of Withdrawal

Considering MP Ltd sells exclusively to professional traders there is no right of withdrawal applicable to the agreements concluded via MP Ltd.’s website. 

 

6. Warranty and transfer risk

6.1 MP Ltd naturally guarantees its buyers to comply with all obligations with regards to the warranty. Because MP Ltd does not sell to end consumers, the legal warranty regulations of Sept 2004 are not applicable to agreements between MP Ltd and her buyers. Professional buyers can only refer to the ‘serious hidden defects regime' under the guarantee scheme. This agreement can be found in articles 1641-1649 of the Civil code. In order for the buyer to make an indemnity claim in regard to serious hidden defects, all applicable legal requirements need to be met. Conventionally it is determined that the short term mentioned in art. 1648 B.W. runs 3 months from the date of delivery and that each request for an indemnity claim expires after any processing, altering or restoration by the client or a third party, or after resale, misuse or inadequate maintenance of the delivered goods. Our warranty obligation is directly between us and our client. Therefore if the client transfers the delivered goods and services to a third party, this third party cannot invoke the warranty directly against us. Each complaint in regards to delivery must be sent by registered letter to MP Ltd at the latest within 8 days after the delivery date. The customer must report hidden defects by registered letter within a period of 8 days from their discovery. In any case, the complaint must contain a detailed and exhaustive list of the defects. Not timely and /or non-written protest by registered letter will result in forfeiture of rights.  Submitting a complaint does not suspend the payment obligation. 

6.2. Except in the case of intentional error and /or fraud, MP Ltd excludes all liability to the extent permitted by law with regard to indirect, consequential and material and non-material damage (such as loss of income and profits, loss of contracts, additional costs such as lawyer’s fees)

 

6.3. In all cases, the liability of MP Ltd is limited to the replacement, within the normal delivery time, of the part of the delivery that is the subject of the complaint or, at the option of MP Ltd , to the reimbursement of the amount already paid by the customer for that part of the delivery and can never exceed the amount as set by the intervention of its insurer, to the extent permitted by law. The responsibility and risk with regard to the transfer of the goods to the customer from the conclusion of the agreement. However, the goods remain our property until the moment of full payment of the price of the goods and accessories. Until that time the customer undertakes not to dispose of, pledge or encumber these goods.

Our goods are delivered ex-works. They are transported at the risk and danger of the customer, even in the eventuality that we agreed to take care of the transport. Under no circumstances can we be held liable for any other damage, such as allowances for loss of use, loss of profits, and/or damage caused to persons or property, as well as in the case of goods without intermediate costs prepared, processed or resold. The goods may not be returned without our prior written consent. Our agreement to take the goods back does not constitute recognition of our liability. The return costs are fully borne by the customer, unless otherwise agreed in writing.

The customer always bears full responsibility for the request and obtaining licenses for goods subject to a license.

8. Delivery period and shipment 

Delivery deadlines are only indicative without any commitment, unless otherwise agreed in writing. the failure to comply with the specified delivery date can in no case be called upon for the obtaining of damages or breach of the agreement. Acts of God and acts that are, wholly or partly, due to the customer, third parties or our sub-contractors, suppliers, carriers or shippers, give our company the right to terminate this agreement in whole or in part without any right to any compensation in respect of the customer. The buyer accepts that as Act of God apply: state of war, fire, accidents, total or partial strikes, political events that cause our manufacture, supply or dispatch to be interrupted, broken machinery, lock-out and in general all of the reasons that hinder the normal course of our activity. We make every effort to respect the stated delivery times but can in no way be held responsible for the shortcomings for our shipping partners.

 

9. Payment

All of our invoices are payable cash before delivery unless otherwise agreed in writing. Rebates are only valid if these have been agreed upon in writing. In the event of non-payment or partial payment of the invoice on the due date, a delay interest of 8% per year is immediately and automatically applied without prior notice being required. In addition, in the case of a non-payment or partial payment of the invoice on the due date and without a formal notice being required, the amount invoiced shall be increased by 12% on the balance due, with a minimum of one hundred and twenty-five (125) Euros. In the event of non-payment or partial payment of an invoice on the due date, any outstanding amounts on other invoiced become payable immediately, regardless of previously authorized payment terms.

If the payment will be settled with advanced payment, the goods may not leave before the full amount of the advance is received in our account. In the case of non-payment or partial payment of the agreed advances, the implementation of the contract may be suspended immediately, without the need for prior notification. If the customer remains in default to pay the claimed advance payments after being warned by registered notification, we retain the right to cancel the contract immediately and without further notice and with a compensation of 30% on the total price to be charged to the customer. However, if larger damage can be demonstrated, this damage can then be recovered fully.

 

10. Intellectual ownership

All logos, photos, texts, drawings… which can be found on our website are protected by copyright. This means that nothing from our website can be copied without the express prior permission of MP Ltd. 

11. Processing of personal data and cookie policy

The information you provide is necessary for processing and completing orders and drawing up the invoices. If this information is missing, the order will inevitably be canceled. The provision of incorrect or false personal data is considered a violation of the current sales conditions. The personal data of the buyer will be processed exclusively in accordance with the applicable Privacy Statement, available for consultation on the MP Ltd website. MP Ltd will take all possible measures to ensure that the data sent via electronic channels at the conclusion of the agreement are protected in the best possible way. Our Cookie Policy can also be consulted on our website. 

 

12. Supplementary provisions

A translation of the present conditions of sale can be obtained by a simple written request. MP Ltd is a Belgian company, which means that only Belgian law applies to agreements concluded with MP Ltd. 

The nullity or invalidity of a provision or part of a provision from the general terms and conditions has no consequences for the operation of the other provisions.  The contested provision is deemed to stand on its own and not to be applicable. The seller has the right to replace the provision in question with a valid provision of the same effect. (Sub) titles in this provision are of a purely illustrative value, no rights can be derived thereof. MP Ltd has the right to adjust the general terms and conditions at any time. It is the responsibility of the buyer to check the terms and conditions before the conclusion of each agreement. A dispute regarding the validity, interpretation, ratification, execution or termination of this agreement will fall under the exclusive jurisdiction of the courts where the seller has its headquarters unless the seller elects to bring the dispute before the court of another jurisdiction.