GENERAL CONDITIONS OF SALES
1. Scope of application
These general conditions of sales (the General Conditions) shall apply to all orders placed by you, the buyer (the Buyer) through 2moof hosted on the website www.2moof.com (the Website) and operated by QBS, a limited liability company with its seat at Waalbandijk 16, 6541 AJ Nijmegen, The Netherlands.
Validating an order via the Website on the Website indicates the Buyer’s acceptance of these General Conditions as in force at the time the order is validated.
2moof reserves the right to change these General Conditions at any time by publishing a new version on the Website. The new version of the General Conditions shall be applicable to any order validated after its publication.
2. Conclusion of a purchase agreement
Any order validated by the Buyer on the Website constitutes a binding offer to conclude a purchase agreement with 2moof for the goods concerned.
The purchase agreement comes into existence when 2moof accepts your order by providing confirmation through the Website or by email or other written communication, or by sending the goods ordered.
The information on the Website concerning goods and their prices is subject to change without notice. The Buyer will be charged the price displayed on this Website at the time the order is validated by the Buyer.
3. Price and additional costs
The prices on Website are indicated in Euros including Dutch VAT (Value Added Tax) and excluding shipment fee. The Website may also provide an estimate of the value in USD, United States Dollars), which USD estimate is, however, non-binding and for information purposes only.
For deliveries to countries other than the Netherlands, Dutch VAT will be deducted from the invoice at the checkout page and a shipment fee including Dutch VAT will be added to the invoice.
Important note: Deliveries to countries other than The Netherlands may imply customs duties, taxes and other costs (which may depend on many factors including, without limitation, the value, the type of goods, administrative costs and destination of the shipment) and which are not taken into account in any of the prices indicated on the Website. The Buyer bears any custom duties and other taxes applicable in the country of delivery, as well as any other costs linked to delivery of the purchased goods outside of The Netherlands. By accepting these General Conditions, the Buyer agrees to pay any customs duties, taxes or other costs that may apply in relation to the delivery in another country than The Netherlands, and to indemnify and hold harmless 2moof for the same.
4. Terms of payment
The purchase price of the goods ordered becomes due immediately upon validation of the order by the Buyer. Payment may be done exclusively by any of the payment methods made available to the Buyer on the Website at the time of validating the order. If the order is finally not accepted by 2moof (due, for instance, to issues affecting stock or any other reason which 2moof may in its reasonable discretion determine), any part or the whole of the purchase price and any shipment fee already paid shall be reimbursed to the Buyer on the account used by the Buyer to make the original payment.
Any delivery time mentioned on the Website or in the validation of the order to the Buyer in relation to the ordered goods is indicative only. Actual delivery time may be influenced by shipment delays, customs clearance or other delays such as a shortage or lack of stock of the ordered goods, or goods uniquely made to order.
2moof shall make reasonable effort to keep the Buyer informed of the expected delivery time and any delays therein, in particular in case the goods are out of stock or are uniquely made to order. No withdrawal of orders will be accepted based on the (delayed) delivery time.
The goods will be delivered to the address stated by the Buyer as part of the Website checkout process and through a delivery service appointed by 2moof.
The Buyer must immediately check the goods upon delivery and directly express reservations to the delivery service or refuse the goods in case of delivery error or defect. In the absence of such express reservations, the delivery shall be deemed accepted.
6. No withdrawal rights
The Buyer understands and agrees that there is no withdrawal right once the purchase is accepted by 2moof in conformity with article 2 above.
The right of 2moof to accept a return for replacement only when in conformity with article 7 is reserved.
2moof shall not be liable for any damage caused to the Buyer, unless such damage is due to willful intent or gross negligence. In no event shall 2moof be liable for any indirect damages, including consequential damages or lost profits.
Any liability of 2moof shall in any event be limited to the purchase price of the goods.
8. Prohibition of assignment
The Buyer may assign contractual rights to a third party only with the prior written consent of 2moof.
9. Data Protection
Any collection and use of the Buyer’s personal data shall be in compliance with applicable legal provisions.
10. Applicable law, competent courts
Any sale concluded on this website under these General Conditions of Sale shall be exclusively subject to Dutch law, without reference to its conflict of laws principles. The applicability of the United States Convention on the International Sales of Goods is hereby excluded.
Any disputes arising out of or in relation to these General Conditions shall be subject to the exclusive jurisdiction of the courts of ‘s Hertogenbosch in the Netherlands. The right of appeal to the Dutch Supreme Court is reserved.