Terms and Conditions
Article 1. Applicability
1.1 These General Sales Conditions (hereinafter: Conditions) apply exclusively to all offers, orders, and agreements from MXplus.nl, excluding any other general terms and conditions.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 Deviations from the provisions in these Terms and Conditions can only be made in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these terms and in any further agreements for the benefit of MXplus.nl, are also stipulated for the benefit of intermediaries and other third parties engaged by MXplus.nl.
Article 2. Offers/Agreements
2.1 All offers from MXplus.nl are non-binding, and MXplus.nl expressly reserves the right to change prices, particularly when necessary due to (legal) regulations. See also article 3.6.
2.2 An agreement is only established after acceptance of your order by MXplus.nl. MXplus.nl is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, MXplus.nl will notify you within ten (10) working days after receiving the order.
Article 3. Prices and payments
3.1 The prices listed for the products and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other charges, unless otherwise stated or agreed in writing.
3.2 Payment can be made in the manner(s) indicated during the ordering process. Additional (payment/order) terms may be applied to your order. For payments made by bank transfer or giro, the payment date is the date of crediting the giro or bank account of MXplus.nl.
3.3 If the prices for the offered products and services increase during the period between the order and its execution, you are entitled to cancel the order or terminate the agreement within ten (10) days after notification of the price increase by MXplus.nl.
Article 4. Delivery
4.1 The delivery times specified by MXplus.nl are merely indicative. Exceeding any delivery period does not entitle you to compensation nor does it grant you the right to cancel your order or dissolve the agreement, unless the exceeding of the delivery period is such that it is unreasonable to expect you to maintain the agreement. In that case, you are entitled to cancel the order or dissolve the agreement to the extent that this is necessary.
4.2 The delivery of the products takes place at the location and time when the products are ready for shipment to you.
4.3 If we are unable to deliver within 30 days, you will be notified of this. In consultation, you have the right to cancel your order free of charge or to agree on a new delivery period with us.
Article 5. Retention of Title
5.1 Ownership of delivered products only transfers once you have fulfilled all obligations owed to Mino.nl under any agreement. The risk regarding the products transfers to you at the moment of delivery.
Article 6. Intellectual and Industrial Property Rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by Mino.nl.
6.2 MXplus.nl does not guarantee that the products delivered to you do not infringe on any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and Liability
7.1 You have the obligation to examine upon delivery whether the products conform to the agreement. If this is not the case, you must notify MXplus.nl as soon as possible and in any case within seven (7) working days after delivery, or at least after it was reasonably possible to ascertain this, in writing and with justification.
7.2 If it is demonstrated that the products do not conform to the agreement, MXplus.nl has the option to replace the relevant products upon their return with new products or to refund the invoice value of those products.
7.3 If you do not wish to accept a product for any reason, you have the right to return the product to MXplus.nl within seven (7) working days after delivery. Returns will only be accepted in this case if the product's packaging is undamaged and the plastic seal on the packaging has not been broken, and it is also stipulated that the costs for returns are at your expense.
Article 8. Orders/Communication
8.1 For misunderstandings, distortions, delays, or improper delivery of orders and communications resulting from the use of the Internet or any other means of communication in the interaction between you and MXplus.nl, or between MXplus.nl and third parties, insofar as it relates to the relationship between you and MXplus.nl, MXplus.nl is not liable, unless and to the extent that there is intent or gross negligence on the part of MXplus.nl.
Article 9. Force Majeure
9.1 Without prejudice to any other rights it may have, MXplus.nl has the right in the event of force majeure to suspend the execution of your order at its discretion, or to terminate the agreement without judicial intervention, by notifying you of this in writing and without MXplus.nl being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming that cannot be attributed to MXplus.nl, because it is not due to its fault and does not fall under its responsibility according to law, legal act, or prevailing opinions in traffic.
Article 10. Miscellaneous
10.1 If you provide MXplus.nl with a written notice of an address, MXplus.nl is entitled to send all orders to that address, unless you provide MXplus.nl with a written notice of another address to which your orders should be sent.
10.2 If MXplus.nl allows deviations from these Terms for a short or long period of time, whether explicitly or implicitly, this does not affect its right to demand direct and strict compliance with these Terms. You can never assert any right based on the fact that MXplus.nl applies these Terms flexibly.
10.3 If one or more provisions of these Terms or any other agreement with MXplus.nl are found to be in conflict with any applicable legal regulation, the relevant provision will be null and void and will be replaced by a new legally permissible comparable provision to be determined by MXplus.nl.
10.4 MXplus.nl is authorized to use third parties in the execution of your order(s).
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders, and agreements to which these Terms apply, as well as these Terms themselves, are exclusively governed by Dutch law.
11.2 All disputes between the parties will be exclusively submitted to the competent court in the Netherlands.
MXplus.nl
Smaragdweg 12
5527 LB Hapert
Email: sales@Mxplus.nl
NL- Rabobank : NL12RABO 01.024.103.05
VAT ID : NL823.395.091.B01
KvK: 52490726