TERMS AND CONDITIONS MOMy VOF-Little Brands

Definitions

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1.   MOMY VOF-Little Brands, established in Brasschaat under VAT no. BE0747474674.

2.   Customer: the person with whom MOMY VOF-Little Brands has entered into an agreement.

3.   Parties: MOMY VOF and customer together.

4.   Consumer: a customer who is also an individual and who acts as a private person.

  Applicability of general terms and conditions

1.   These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of MOMY VOF. 

2.   Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

3.   The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1.   All prices that MOMY VOF uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.

2.   All prices that MOMY VOF uses for its products or services, on its website or that are otherwise made known, MOMY VOF can change at any time. 

3.   Increases in the cost prices of products or parts thereof, which MOMY VOF could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases. 

4.   The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Payments and payment term

Products are immediately settled in the (online) shop for delivery, unless otherwise agreed upon when ordering. 

-> Choose a "manual payment" if you want to pay by invoice.

Consequences of not paying on time

1.   If the customer does not pay within the agreed term, MOMY VOF is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.

2.   In addition, in the event of full or partial non-payment of the debt on the due date, a fixed compensation of 10% of the invoice amount will be owed by operation of law and without notice of default, with a minimum of EUR 30 per invoice by way of compensation for administration costs and with retention of all recovery rights for the costs of judicial recovery, including non-exhaustive costs of summons; legal fees; judicial interest and any attachment costs, etc. 

3.   If the customer does not pay on time, MOMY VOF may suspend its obligations until the customer has fulfilled its payment obligation. 

4.   In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Little Brands' claims against the customer are immediately due and payable. 

5.   If the customer refuses to cooperate with the execution of the agreement by MOMY VOF, he is still obliged to pay the agreed price to MOMY VOF.  

Right of advertising 

1.   As soon as the customer is in default, MOMY VOF is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2.   MOMY VOF invokes the right of advertising by means of a written or electronic communication.

3.   As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to MOMY VOF, unless the parties agree otherwise. 

4.   The costs for the return or return of the products will be borne by the customer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention 

1.   MOMY VOF-Little Brands can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to MOMY VOF, unless the customer has provided sufficient security for those costs. 

2.   The right of retention also applies on the basis of previous agreements from which the customer still owes MOMY VOF payments.

3.   MOMY VOF is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to MOMY VOF against a claim against MOMY VOF.  

Retention of title 

1.   MOMY VOF remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to MOMY VOF on the basis of any agreement concluded with MOMY VOF, including claims regarding shortcomings in the performance.

2.   Until that time, MOMY VOF can invoke its retention of title and take back the goods. 

3.   Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 

4.   If MOMY VOF invokes its retention of title, the agreement will be dissolved and MOMY VOF has the right to claim compensation, lost profit and interest.  

Delivery 

1.   Delivery takes place while stocks last.

2.   Delivery takes place at the customer, unless the parties have agreed otherwise or  payment has not been made.

3.   Delivery of products ordered online/via dropshipping takes place at the address indicated by the customer. 

4.   If the agreed amounts are not paid or are not paid on time, MOMY VOF has the right to suspend its obligations until the agreed part has been paid. 

5.   In the event of late payment, there is a default of creditors, with the result that the customer cannot object to MOMY VOF a late delivery.

Delivery time 

1.   The delivery times stated by MOMY VOF are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2.   The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic confirmation) from MOMY VOF.

3.   Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless MOMY VOF cannot deliver within 14 days after having been summoned to do so in writing or the parties have agreed otherwise.  

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs  

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

1.   If the packaging 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, failing which MOMY VOF cannot be held liable for any injury.

2.   If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to MOMY VOF prior to transport, failing which MOMY VOF cannot be held liable for any damage.  

Storage 

1.   If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2.   Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Guarantee

1.   The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material. 

2.   The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

3.   The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.  

Disclaimer

The customer indemnifies MOMY VOF against all claims from third parties related to the products and/or services supplied by MOMY VOF.  

Complaints

1.   The customer must examine a product or service provided by MOMY VOF as soon as possible for any 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 MOMY VOF of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 

3.   Consumers must inform MOMY VOF of this within 2 months after discovery of the shortcomings.

4.   The customer provides as detailed a description as possible of the shortcoming, so that MOMY VOF is able to respond adequately. 

5.   The customer must demonstrate that the complaint relates to an agreement between the parties.

6.   If a complaint relates to ongoing work, this can in any case not lead to MOMY VOF being obliged to perform other work than has been agreed.

Notice of default

1.   The customer must notify MOMY VOF of any notice of default in writing.

2.   It is the customer's responsibility that a notice of default actually reaches Little Brands (on time).  

Joint and several liability customer

If MOMY VOF enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to MOMY VOF under that agreement.  

Liability MOMY VOF-Little Brands

1.   MOMY VOF is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness. 

2.   If MOMY VOF is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3.   MOMY VOF is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4.   If MOMY VOF is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.

5.   All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from MOMY VOF expires in any case 12 months after the event from which the liability directly or indirectly arises.

Right to dissolution

1.   The customer has the right to dissolve the agreement if MOMY VOF imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance. 

2.   If the fulfillment of the obligations by MOMY VOF is not permanently or temporarily impossible, dissolution can only take place after MOMY VOF is in default. 

3.   MOMY VOF has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if MOMY VOF has taken cognizance of circumstances that give him good grounds to fear that the customer will fulfill his obligations. will not be able to comply properly.  

Force majeur

1.   A failure of MOMY VOF in the fulfillment of any obligation towards the customer cannot be attributed to MOMY VOF in a situation independent of the will of MOMY VOF, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from MOMY VOF. 

2.   The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

3.   If a force majeure situation occurs as a result of which MOMY VOF cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until MOMY VOF can meet them again. 

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.   MOMY VOF does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Change of terms and conditions

1.   MOMY VOF is entitled to amend or supplement these general terms and conditions. 

2.   Minor changes can be made at any time. 

3.   MOMY VOF will discuss major substantive changes 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.  

Transfer of rights

1.   Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of MOMY VOF.  

Consequences of nullity or voidability

1.   If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions. 

2.   In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what MOMY VOF had in mind when drafting the conditions on that point.

Applicable law and competent court

1.   Belgian law is exclusively applicable to every agreement between the parties. 

2.   The Belgian  The court in the district where MOMY VOF is located is exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Prepared on 01 November 2019.