Terms & Conditions
GENERAL TERMS AND CONDITIONS
By using this Website, you agree to the application of these General Terms and Conditions. The Supplier
may amend these General Terms and Conditions from time to time. Through repeated use of this
Website, you agree to the application of any amended General Terms and Conditions.
1. Definitions
The following definitions (where the singular also means the plural and vice-versa) are used in these
General Terms and Conditions:
1.1. General Terms and Conditions: these general terms and conditions.
1.2. Cooling-Off Period: the period of 14 Days within which a Customer may exercise their Right of
Withdrawal, free of charge and without stating reasons.
1.3. Day: calendar day.
1.4. Right of Withdrawal: the option for the Customer to decide not to proceed with the Distance
Agreement within the Cooling-Off Period.
1.5. Customer: the consumer, being a natural person not pursuing professional or commercial
activities, who concludes an Agreement with the Supplier.
1.6. Supplier: the user of these General Terms and Conditions, being Moiizo B.V., trading as Moiizo,
whose registered office is in Helmond, the Netherlands (Chamber of Commerce no.: 87639084),
or one of its affiliated entities.
1.7. Agreement: all agreements between the Supplier and the Customer with reference to purchasing
the Products.
1.8. Parties: the Supplier and the Customer.
1.9. Product: all products offered by the Supplier.
1.10. In Writing/Written: by post or by email.
1.11. Website: this website.
2. General
2.1. These General Terms and Conditions apply to and form part of the Website, all the Supplier’s
proposals, offers and Agreements.
2.2. The Supplier reserves the right to amend these General Terms and Conditions unilaterally. Once
the amended General Terms and Conditions are on the Website, they apply to new Website
users, new Customers and new Agreements.
2.3. If the Supplier does not at any time exercise its rights under the Agreement and/or these General
Terms and Conditions, immediately or otherwise, this will not affect its right and possibility to still
do so in the future.
2.4. If a provision of the Agreement or these General Terms and Conditions proves to be void or
voidable, the Agreement and the General Terms and Conditions will remain in force. The Parties
will then enter into consultations to agree on a new provision to replace the void or voided
provision. This new provision must be in line with the aim and purpose of the void or voided
provision.
2.5. The Supplier may hire third parties for the purpose of performing the Agreement.
3. Offers
3.1. Offers will contain a complete and accurate description of the Products offered and their
characteristics. The description will be sufficiently detailed to enable the Consumer to properly
assess the offer. Obvious errors or mistakes in the offer are not binding on the Supplier.
3.2. Each offer will contain such information that the Customer understands what rights and duties are
attached to accepting the offer. This specifically concerns information regarding:
a. the total price of the Products (VAT-inclusive prices);
b. all transport costs;
c. the way in which the Agreement will be concluded and which actions are required for this
purpose;
d. the method of payment, delivery, performance and the deadline by which the Supplier
undertakes to deliver the Product;
By using this Website, you agree to the application of these General Terms and Conditions. The Supplier
may amend these General Terms and Conditions from time to time. Through repeated use of this
Website, you agree to the application of any amended General Terms and Conditions.
1. Definitions
The following definitions (where the singular also means the plural and vice-versa) are used in these
General Terms and Conditions:
1.1. General Terms and Conditions: these general terms and conditions.
1.2. Cooling-Off Period: the period of 14 Days within which a Customer may exercise their Right of
Withdrawal, free of charge and without stating reasons.
1.3. Day: calendar day.
1.4. Right of Withdrawal: the option for the Customer to decide not to proceed with the Distance
Agreement within the Cooling-Off Period.
1.5. Customer: the consumer, being a natural person not pursuing professional or commercial
activities, who concludes an Agreement with the Supplier.
1.6. Supplier: the user of these General Terms and Conditions, being Moiizo B.V., trading as Moiizo,
whose registered office is in Helmond, the Netherlands (Chamber of Commerce no.: 87639084),
or one of its affiliated entities.
1.7. Agreement: all agreements between the Supplier and the Customer with reference to purchasing
the Products.
1.8. Parties: the Supplier and the Customer.
1.9. Product: all products offered by the Supplier.
1.10. In Writing/Written: by post or by email.
1.11. Website: this website.
2. General
2.1. These General Terms and Conditions apply to and form part of the Website, all the Supplier’s
proposals, offers and Agreements.
2.2. The Supplier reserves the right to amend these General Terms and Conditions unilaterally. Once
the amended General Terms and Conditions are on the Website, they apply to new Website
users, new Customers and new Agreements.
2.3. If the Supplier does not at any time exercise its rights under the Agreement and/or these General
Terms and Conditions, immediately or otherwise, this will not affect its right and possibility to still
do so in the future.
2.4. If a provision of the Agreement or these General Terms and Conditions proves to be void or
voidable, the Agreement and the General Terms and Conditions will remain in force. The Parties
will then enter into consultations to agree on a new provision to replace the void or voided
provision. This new provision must be in line with the aim and purpose of the void or voided
provision.
2.5. The Supplier may hire third parties for the purpose of performing the Agreement.
3. Offers
3.1. Offers will contain a complete and accurate description of the Products offered and their
characteristics. The description will be sufficiently detailed to enable the Consumer to properly
assess the offer. Obvious errors or mistakes in the offer are not binding on the Supplier.
3.2. Each offer will contain such information that the Customer understands what rights and duties are
attached to accepting the offer. This specifically concerns information regarding:
a. the total price of the Products (VAT-inclusive prices);
b. all transport costs;
c. the way in which the Agreement will be concluded and which actions are required for this
purpose;
d. the method of payment, delivery, performance and the deadline by which the Supplier
undertakes to deliver the Product;
e. the costs for using means of remote communication for concluding the Agreement if these
costs are calculated other than at the basic rate.
3.3. All the Supplier’s offers are made on the basis of the prices and specifications applicable at the
time of the offer.
3.4. The Supplier reserves the right to make changes to its Products, depicted and described on its
Website, in brochures and/or other documentation, or to the prices of Products, at all times.
3.5. Products shown on the Website are available only if the Products are in stock. If Products are out
of stock, the Supplier cannot be obliged to fulfil an Agreement (in full). The Supplier will inform
the Customer if they order a Product that is out of stock.
3.6. Unless stipulated otherwise In Writing, the Supplier’s offers cannot be used in combination with
other offers or discounts.
3.7. The Customer cannot derive any rights from bonuses, discounts or offers given previously by the
Supplier.
4. Conclusion of the Agreement
4.1. The Agreement is concluded when the Customer accepts the Supplier’s offer.
4.2. If the Customer has accepted the Supplier’s offer, the Supplier will promptly confirm receipt of the
acceptance of its offer through electronic means. As long as the Supplier has not confirmed
receipt of this acceptance, the Customer may terminate the Agreement.
4.3. The Supplier may refuse orders from Customers. If an order is refused and no Agreement is
concluded as a result, the Supplier will give Written notice of this refusal to the Customer.
4.4. Any oral or other arrangements made between the Parties after the Agreement has been
concluded will become effective only after both Parties have confirmed them In Writing.
4.5. Products ordered through the Website are for the Customer’s personal use only and the Customer
may not resell them commercially without the Supplier’s express Written consent. By ordering
Products through the Website, the Customer agrees not to commercially resell the Products or
any part of them. The Supplier may refuse or reduce orders – with or without notice – if it believes
at its sole discretion that the order will or could violate these General Terms and Conditions.
5. Delivery period
5.1. The Supplier will execute accepted orders with due speed (within no more than 30 Days). If
delivery is delayed, or if an Agreement cannot be performed at all or can only be partially
performed, the Customer will receive notice of this no later than 30 Days after concluding the
Agreement. In this case, the Customer may terminate the Agreement, after having first sent the
Supplier a reminder and given it a notice of default.
5.2. If the Agreement is terminated in accordance with the previous paragraph, the Supplier will be
entitled to payment for the part of the Agreement that it has already performed. The Supplier will
refund any amount that the Customer has paid – if and to the extent this exceeds the
aforementioned payment due to the Supplier – as soon as possible, but no later than 30 Days
after termination.
5.3. The delivery period commences on the latest of the following:
a. the Day on which the Agreement is concluded;
b. the Day on which the Supplier receives any advance payment that the Customer must make
under the Agreement.
5.4. If the period in which delivery is to be effected is expressed in days, a day is defined as a working
day or a Saturday and excludes a Sunday or public holiday.
6. Delivery and risk
6.1. Unless explicitly agreed otherwise, the risk of damage to or loss of the Products remains with the
Supplier until the time of delivery to the Customer or a previously designated representative made
known to the Supplier. If the Customer selects a carrier, the Supplier’s risk passes to the carrier,
or to the Customer, when the Supplier hands over the Product to the carrier.
6.2. If the Products cannot be delivered on the agreed delivery date because the Customer refuses
the Products or fails to take delivery, the Supplier will – at its discretion – determine whether to
make another attempt at delivery or at having the Products delivered. If the Customer does not
take delivery of the Products within one month of the originally agreed time of delivery, the
costs are calculated other than at the basic rate.
3.3. All the Supplier’s offers are made on the basis of the prices and specifications applicable at the
time of the offer.
3.4. The Supplier reserves the right to make changes to its Products, depicted and described on its
Website, in brochures and/or other documentation, or to the prices of Products, at all times.
3.5. Products shown on the Website are available only if the Products are in stock. If Products are out
of stock, the Supplier cannot be obliged to fulfil an Agreement (in full). The Supplier will inform
the Customer if they order a Product that is out of stock.
3.6. Unless stipulated otherwise In Writing, the Supplier’s offers cannot be used in combination with
other offers or discounts.
3.7. The Customer cannot derive any rights from bonuses, discounts or offers given previously by the
Supplier.
4. Conclusion of the Agreement
4.1. The Agreement is concluded when the Customer accepts the Supplier’s offer.
4.2. If the Customer has accepted the Supplier’s offer, the Supplier will promptly confirm receipt of the
acceptance of its offer through electronic means. As long as the Supplier has not confirmed
receipt of this acceptance, the Customer may terminate the Agreement.
4.3. The Supplier may refuse orders from Customers. If an order is refused and no Agreement is
concluded as a result, the Supplier will give Written notice of this refusal to the Customer.
4.4. Any oral or other arrangements made between the Parties after the Agreement has been
concluded will become effective only after both Parties have confirmed them In Writing.
4.5. Products ordered through the Website are for the Customer’s personal use only and the Customer
may not resell them commercially without the Supplier’s express Written consent. By ordering
Products through the Website, the Customer agrees not to commercially resell the Products or
any part of them. The Supplier may refuse or reduce orders – with or without notice – if it believes
at its sole discretion that the order will or could violate these General Terms and Conditions.
5. Delivery period
5.1. The Supplier will execute accepted orders with due speed (within no more than 30 Days). If
delivery is delayed, or if an Agreement cannot be performed at all or can only be partially
performed, the Customer will receive notice of this no later than 30 Days after concluding the
Agreement. In this case, the Customer may terminate the Agreement, after having first sent the
Supplier a reminder and given it a notice of default.
5.2. If the Agreement is terminated in accordance with the previous paragraph, the Supplier will be
entitled to payment for the part of the Agreement that it has already performed. The Supplier will
refund any amount that the Customer has paid – if and to the extent this exceeds the
aforementioned payment due to the Supplier – as soon as possible, but no later than 30 Days
after termination.
5.3. The delivery period commences on the latest of the following:
a. the Day on which the Agreement is concluded;
b. the Day on which the Supplier receives any advance payment that the Customer must make
under the Agreement.
5.4. If the period in which delivery is to be effected is expressed in days, a day is defined as a working
day or a Saturday and excludes a Sunday or public holiday.
6. Delivery and risk
6.1. Unless explicitly agreed otherwise, the risk of damage to or loss of the Products remains with the
Supplier until the time of delivery to the Customer or a previously designated representative made
known to the Supplier. If the Customer selects a carrier, the Supplier’s risk passes to the carrier,
or to the Customer, when the Supplier hands over the Product to the carrier.
6.2. If the Products cannot be delivered on the agreed delivery date because the Customer refuses
the Products or fails to take delivery, the Supplier will – at its discretion – determine whether to
make another attempt at delivery or at having the Products delivered. If the Customer does not
take delivery of the Products within one month of the originally agreed time of delivery, the
Supplier will, after a reminder to the Customer, be entitled to deliver the Products to other
Customers or to otherwise dispose of the Products.
6.3. The Supplier is entitled to deliver supplies and/or Products in partial deliveries. If the Supplier
uses partial deliveries, it may invoice each partial delivery.
7. Prices
7.1. Unless stated otherwise In Writing, all prices are in euros and include VAT, taxes and delivery
charges.
7.2. The Supplier is not responsible for customs, import and/or export fees. Import restrictions vary
from country to country. The Customer is responsible for any customs, import or export fees
and/or other import-related costs and/or duties.
8. Payment
8.1. Unless expressly agreed otherwise In Writing, payment will be made immediately upon ordering
the Products through the Website.
8.2. If an ordered Product is not available, the purchase price will be refunded.
8.3. All payments that the Customer makes to the Supplier are used in order of their becoming due
and payable to pay (1) the costs, (2) interest and (3) principal sums.
9. Right of withdrawal
9.1. The basic principle is that the Products from the Supplier conform to the Agreement and are
sound. The Customer is entitled to this.
9.2. When purchasing Products remotely, the Customer may terminate the Agreement for a period
of fourteen Days, without stating reasons. This Cooling-Off Period starts on:
a. the Day after receipt of the Product by the Customer (or a representative previously
designated by the Customer and made known to the Supplier); or
b. the Day on which the Customer (or a third party designated by the Customer, other than the
carrier) received the last Product, if the Customer has placed an order containing several
Products that are delivered separately; or
c. the Day on which the Customer (or a third party designated by the Customer, other than the
carrier) received the last consignment or part if a Product is delivered in different
consignments or parts.
The Right of Withdrawal may also be exercised before the delivery has taken place.
9.3. During this Cooling-Off Period, the Customer must handle the Product and everything delivered
with it with care. The Customer will unpack the Product only to the extent necessary to be able
to assess whether they wish to keep the product. As the Customer must be able to assess the
nature, characteristics and functioning of the Product, packaging and so on may be removed.
The Customer is liable for the decrease in value of the Product if any handling of it during the
Cooling-Off Period has gone beyond what is necessary to assess its nature, characteristics and
functioning.
9.4. A Customer who wishes to use the Right of Withdrawal must notify the Supplier of this in due
time by means of a clear statement to that effect.
9.5. The Supplier will immediately confirm receipt of the statement, as referred to in the previous
paragraph, to the Customer.
9.6. If the Customer uses their Right of Withdrawal, they must return the Product with all delivered
accessories and – if reasonably possible – in its original condition and packaging to the Supplier
within fourteen Days of stating that they wish to exercise their Right of Withdrawal. The
Customer must comply with the reasonable and clear instructions given by the Supplier, or the
Customer must prove that the Product has been returned in accordance with the reasonable
and clear instructions given by the Supplier.
9.7. If the Customer exercises their Right of Withdrawal, they only need pay the return costs of the
Product.
9.8. If the Customer has already paid the purchase price of the Product, the Supplier will refund the
purchase price (including the delivery costs) within fourteen Days of the Customer’s statement.
The Supplier will use the same means of payment as the Customer used, subject to the
Customer’s explicit authorisation to be paid by other means.
Customers or to otherwise dispose of the Products.
6.3. The Supplier is entitled to deliver supplies and/or Products in partial deliveries. If the Supplier
uses partial deliveries, it may invoice each partial delivery.
7. Prices
7.1. Unless stated otherwise In Writing, all prices are in euros and include VAT, taxes and delivery
charges.
7.2. The Supplier is not responsible for customs, import and/or export fees. Import restrictions vary
from country to country. The Customer is responsible for any customs, import or export fees
and/or other import-related costs and/or duties.
8. Payment
8.1. Unless expressly agreed otherwise In Writing, payment will be made immediately upon ordering
the Products through the Website.
8.2. If an ordered Product is not available, the purchase price will be refunded.
8.3. All payments that the Customer makes to the Supplier are used in order of their becoming due
and payable to pay (1) the costs, (2) interest and (3) principal sums.
9. Right of withdrawal
9.1. The basic principle is that the Products from the Supplier conform to the Agreement and are
sound. The Customer is entitled to this.
9.2. When purchasing Products remotely, the Customer may terminate the Agreement for a period
of fourteen Days, without stating reasons. This Cooling-Off Period starts on:
a. the Day after receipt of the Product by the Customer (or a representative previously
designated by the Customer and made known to the Supplier); or
b. the Day on which the Customer (or a third party designated by the Customer, other than the
carrier) received the last Product, if the Customer has placed an order containing several
Products that are delivered separately; or
c. the Day on which the Customer (or a third party designated by the Customer, other than the
carrier) received the last consignment or part if a Product is delivered in different
consignments or parts.
The Right of Withdrawal may also be exercised before the delivery has taken place.
9.3. During this Cooling-Off Period, the Customer must handle the Product and everything delivered
with it with care. The Customer will unpack the Product only to the extent necessary to be able
to assess whether they wish to keep the product. As the Customer must be able to assess the
nature, characteristics and functioning of the Product, packaging and so on may be removed.
The Customer is liable for the decrease in value of the Product if any handling of it during the
Cooling-Off Period has gone beyond what is necessary to assess its nature, characteristics and
functioning.
9.4. A Customer who wishes to use the Right of Withdrawal must notify the Supplier of this in due
time by means of a clear statement to that effect.
9.5. The Supplier will immediately confirm receipt of the statement, as referred to in the previous
paragraph, to the Customer.
9.6. If the Customer uses their Right of Withdrawal, they must return the Product with all delivered
accessories and – if reasonably possible – in its original condition and packaging to the Supplier
within fourteen Days of stating that they wish to exercise their Right of Withdrawal. The
Customer must comply with the reasonable and clear instructions given by the Supplier, or the
Customer must prove that the Product has been returned in accordance with the reasonable
and clear instructions given by the Supplier.
9.7. If the Customer exercises their Right of Withdrawal, they only need pay the return costs of the
Product.
9.8. If the Customer has already paid the purchase price of the Product, the Supplier will refund the
purchase price (including the delivery costs) within fourteen Days of the Customer’s statement.
The Supplier will use the same means of payment as the Customer used, subject to the
Customer’s explicit authorisation to be paid by other means.
9.9. If the Customer does not exercise their Right of Withdrawal within the Cooling-Off Period, the
Agreement becomes final.
10. Account
10.1. The Customer can create an account to place orders and use certain parts of the Website.
Account registration is free. To create an account, the Customer must:
a. provide accurate and up-to-date personal information, including their name, address and a
valid email address; and
b. be at least 18 years old and have the capacity to enter into valid agreements.
10.2. To use the account, the Customer will create their own username and password.
10.3. The Customer must protect access to their account from unauthorised persons by means of their
username and password. In particular, the Customer must keep the password strictly confidential.
The Supplier may assume that all actions from the Customer’s account after login with their
username and password are performed by the Customer and/or under their direction and
supervision. The Customer is liable for all these actions.
10.4. The Supplier is not liable for any misuse or loss of the login details.
10.5. If the Customer believes that there has been unauthorised access to their account, they must
immediately notify the Supplier In Writing.
10.6. The Supplier has the right to delete an account at any time.
11. Complaints
11.1. The Customer must inspect delivered Products within a reasonable time, i.e. at least within
fourteen Days of delivery. To the extent possible, the Customer must inspect whether the quality,
quantity and other aspects of the Products delivered conform to the Agreement.
11.2. If an order has been lost or damaged in transit, the Customer must contact the Supplier. If
possible, the Supplier will solve the problem in cooperation with the courier.
11.3. The Customer must submit any complaints regarding visible defects in the Products delivered by
the Supplier In Writing to the Supplier within a reasonable time – i.e. within at least two months –
after receipt of the Product, accurately stating the facts to which the complaint relates.
11.4. The Customer must submit any complaints regarding hidden defects in the Products delivered by
the Supplier In Writing to the Supplier within a reasonable time – i.e. within at least two months –
after discovering the defect, or after the defect could reasonably have been discovered, accurately
stating the facts to which the complaint relates.
11.5. The Customer must submit any complaints about the prices charged In Writing to the Supplier
within a reasonable period of no more than seven Days after the invoice date, along with a
description of the nature of the complaint. Any late or oral complaints about the prices charged
and invoices will not be accepted.
11.6. If the Customer makes a complaint as referred to in this article, they must give the Supplier the
opportunity to investigate the merits of the complaint within eight Days of the Customer’s
notification of it, failing which any right under the warranty lapses. The Supplier or a third party
designated by the Supplier is entitled to access the defective Products for this purpose. If a
complaint is unjustified, the Supplier may charge the costs of investigating that complaint to the
Customer.
11.7. The Supplier may disregard complaints if:
a. incorrect quantities, volumes or product types have been ordered;
b. the complaint concerns minor deviations in quality, quantity, material and other deviations
deemed admissible in the sector;
c. the Product delivered has been exposed to abnormal conditions, in the broadest sense, or
has otherwise been used, stored or handled improperly or contrary to the instructions given
by the Supplier or its supplier;
d. the Products have not been used in accordance with the documentation, instructions or
directions for use (on the Product label) issued by the Supplier or its supplier.
11.8. If a complaint is justified, the Product may be replaced or repaired free of charge, or the amount
of returned Products may be fully or partially settled by means of a credit note.
Agreement becomes final.
10. Account
10.1. The Customer can create an account to place orders and use certain parts of the Website.
Account registration is free. To create an account, the Customer must:
a. provide accurate and up-to-date personal information, including their name, address and a
valid email address; and
b. be at least 18 years old and have the capacity to enter into valid agreements.
10.2. To use the account, the Customer will create their own username and password.
10.3. The Customer must protect access to their account from unauthorised persons by means of their
username and password. In particular, the Customer must keep the password strictly confidential.
The Supplier may assume that all actions from the Customer’s account after login with their
username and password are performed by the Customer and/or under their direction and
supervision. The Customer is liable for all these actions.
10.4. The Supplier is not liable for any misuse or loss of the login details.
10.5. If the Customer believes that there has been unauthorised access to their account, they must
immediately notify the Supplier In Writing.
10.6. The Supplier has the right to delete an account at any time.
11. Complaints
11.1. The Customer must inspect delivered Products within a reasonable time, i.e. at least within
fourteen Days of delivery. To the extent possible, the Customer must inspect whether the quality,
quantity and other aspects of the Products delivered conform to the Agreement.
11.2. If an order has been lost or damaged in transit, the Customer must contact the Supplier. If
possible, the Supplier will solve the problem in cooperation with the courier.
11.3. The Customer must submit any complaints regarding visible defects in the Products delivered by
the Supplier In Writing to the Supplier within a reasonable time – i.e. within at least two months –
after receipt of the Product, accurately stating the facts to which the complaint relates.
11.4. The Customer must submit any complaints regarding hidden defects in the Products delivered by
the Supplier In Writing to the Supplier within a reasonable time – i.e. within at least two months –
after discovering the defect, or after the defect could reasonably have been discovered, accurately
stating the facts to which the complaint relates.
11.5. The Customer must submit any complaints about the prices charged In Writing to the Supplier
within a reasonable period of no more than seven Days after the invoice date, along with a
description of the nature of the complaint. Any late or oral complaints about the prices charged
and invoices will not be accepted.
11.6. If the Customer makes a complaint as referred to in this article, they must give the Supplier the
opportunity to investigate the merits of the complaint within eight Days of the Customer’s
notification of it, failing which any right under the warranty lapses. The Supplier or a third party
designated by the Supplier is entitled to access the defective Products for this purpose. If a
complaint is unjustified, the Supplier may charge the costs of investigating that complaint to the
Customer.
11.7. The Supplier may disregard complaints if:
a. incorrect quantities, volumes or product types have been ordered;
b. the complaint concerns minor deviations in quality, quantity, material and other deviations
deemed admissible in the sector;
c. the Product delivered has been exposed to abnormal conditions, in the broadest sense, or
has otherwise been used, stored or handled improperly or contrary to the instructions given
by the Supplier or its supplier;
d. the Products have not been used in accordance with the documentation, instructions or
directions for use (on the Product label) issued by the Supplier or its supplier.
11.8. If a complaint is justified, the Product may be replaced or repaired free of charge, or the amount
of returned Products may be fully or partially settled by means of a credit note.
11.9. If a recall occurs, the Customer must cooperate with the instructions or imposed procedures of
the Supplier or its suppliers.
11.10. If and to the extent that expiry periods apply, these will never be shorter than the statutory expiry
period in respect of the Customers.
12. Advice and information
12.1. The advice and information on the Website are of a general nature and not intended to replace
any professional advice for individual or specific cases. Although the Supplier endeavours to keep
the information on the Website accurate and up-to-date, it cannot be held liable for any loss or
damage that results from using the information.
13. Liability
13.1. If the Supplier imputably fails to perform, its liability for damage or loss will be limited to the invoice
value of the relevant Products to which the damage or loss relates unless its management board
or managers have acted intentionally or been grossly negligent. The Supplier’s liability will always
be limited to the cover paid by its liability or other insurance.
13.2. Damage or loss means only direct damage or loss, consisting of: 1) the reasonable costs incurred
to determine the cause and scope of the damage or loss, to the extent that the determination
relates to damage or loss within the meaning of these General Terms and Conditions and there
is actual damage or loss and liability on the part of the Supplier, 2) any reasonable costs incurred
to make the defective performance of the Supplier conform to the Agreement unless this defect
cannot be attributed to the Supplier, and 3) reasonable costs incurred to prevent or limit the
damage or loss, if and to the extent that the Customer demonstrates that it has suffered this
damage or loss and that these costs have in fact contributed to limiting the damage or loss.
13.3. The Supplier is not liable for any indirect damage or loss, including, but not limited to, any
consequential loss of the Customer, such as loss of income, business interruption loss, loss of
profit, lost savings, reduced goodwill or loss of reputation.
13.4. The Customer is responsible for providing the Supplier in due time with the relevant, correct and
complete information that the Supplier requires to perform the Agreement. The Supplier may rely
on the completeness and correctness of the provided information. The Supplier is not responsible
or liable for any damage, loss or costs ensuing from inaccuracies in or the absence of information
that the Customer has or should have provided, or as a result of circumstances that in practice
differ from those which the Supplier was to rely on when it accepted the Agreement.
13.5. Any right to compensation will only ever arise if the Customer notifies the Supplier In Writing of
the damage or loss concerned as soon as possible after it arises in accordance with the periods
set out in these General Terms and Conditions. All claims against the Supplier except those
acknowledged by the Supplier are barred by the mere expiry of twelve months after the claim
arises.
14. Force majeure
14.1. If the Supplier fails to perform the Agreement because of force majeure, it will be entitled to
suspend performance of the Agreement free of charge and therefore will not be bound by any
obligation under an Agreement. If the Supplier is unable to fulfil its obligations under the
Agreement due to a temporary (lasting more than three months) or permanent situation of force
majeure, it may terminate the Agreement without judicial intervention, free of charge. If the
Supplier terminates the Agreement under this article, it will refund the Customer the amounts that
the Customer has already paid under the Agreement.
14.2. If force majeure occurs, the Supplier will notify the Customer of that situation as soon as possible.
14.3. In addition to what is understood in this respect under the law and in case law, a non-attributable
failure to perform by the Supplier is understood to be any external causes, foreseen or
unforeseen, including in any case, but not limited to:
a. damage as a result of natural disasters or storm damage;
b. war, risk of war or any other form of armed conflict including terrorism or a threat of terrorism
in the Netherlands or other countries that hinders the supply of Products;
c. industrial actions, factory sit-ins, enforced business closures, riots and any other form of
disturbance or obstruction caused by third parties;
the Supplier or its suppliers.
11.10. If and to the extent that expiry periods apply, these will never be shorter than the statutory expiry
period in respect of the Customers.
12. Advice and information
12.1. The advice and information on the Website are of a general nature and not intended to replace
any professional advice for individual or specific cases. Although the Supplier endeavours to keep
the information on the Website accurate and up-to-date, it cannot be held liable for any loss or
damage that results from using the information.
13. Liability
13.1. If the Supplier imputably fails to perform, its liability for damage or loss will be limited to the invoice
value of the relevant Products to which the damage or loss relates unless its management board
or managers have acted intentionally or been grossly negligent. The Supplier’s liability will always
be limited to the cover paid by its liability or other insurance.
13.2. Damage or loss means only direct damage or loss, consisting of: 1) the reasonable costs incurred
to determine the cause and scope of the damage or loss, to the extent that the determination
relates to damage or loss within the meaning of these General Terms and Conditions and there
is actual damage or loss and liability on the part of the Supplier, 2) any reasonable costs incurred
to make the defective performance of the Supplier conform to the Agreement unless this defect
cannot be attributed to the Supplier, and 3) reasonable costs incurred to prevent or limit the
damage or loss, if and to the extent that the Customer demonstrates that it has suffered this
damage or loss and that these costs have in fact contributed to limiting the damage or loss.
13.3. The Supplier is not liable for any indirect damage or loss, including, but not limited to, any
consequential loss of the Customer, such as loss of income, business interruption loss, loss of
profit, lost savings, reduced goodwill or loss of reputation.
13.4. The Customer is responsible for providing the Supplier in due time with the relevant, correct and
complete information that the Supplier requires to perform the Agreement. The Supplier may rely
on the completeness and correctness of the provided information. The Supplier is not responsible
or liable for any damage, loss or costs ensuing from inaccuracies in or the absence of information
that the Customer has or should have provided, or as a result of circumstances that in practice
differ from those which the Supplier was to rely on when it accepted the Agreement.
13.5. Any right to compensation will only ever arise if the Customer notifies the Supplier In Writing of
the damage or loss concerned as soon as possible after it arises in accordance with the periods
set out in these General Terms and Conditions. All claims against the Supplier except those
acknowledged by the Supplier are barred by the mere expiry of twelve months after the claim
arises.
14. Force majeure
14.1. If the Supplier fails to perform the Agreement because of force majeure, it will be entitled to
suspend performance of the Agreement free of charge and therefore will not be bound by any
obligation under an Agreement. If the Supplier is unable to fulfil its obligations under the
Agreement due to a temporary (lasting more than three months) or permanent situation of force
majeure, it may terminate the Agreement without judicial intervention, free of charge. If the
Supplier terminates the Agreement under this article, it will refund the Customer the amounts that
the Customer has already paid under the Agreement.
14.2. If force majeure occurs, the Supplier will notify the Customer of that situation as soon as possible.
14.3. In addition to what is understood in this respect under the law and in case law, a non-attributable
failure to perform by the Supplier is understood to be any external causes, foreseen or
unforeseen, including in any case, but not limited to:
a. damage as a result of natural disasters or storm damage;
b. war, risk of war or any other form of armed conflict including terrorism or a threat of terrorism
in the Netherlands or other countries that hinders the supply of Products;
c. industrial actions, factory sit-ins, enforced business closures, riots and any other form of
disturbance or obstruction caused by third parties;
d. legislative or administrative measures taken by the government and that hinder supplies,
including import and export bans or obstructions;
e. a defect in or breakdown of means of transport, production equipment, any machineries or
power supplies;
f. restrictions or cessations of supply by public utility companies;
g. fire, water damage, breakdowns or accidents in the company of the Supplier or of third parties
hired by the Supplier;
h. non-delivery or late delivery to the Supplier by its suppliers or other third parties;
i. stagnation in the supply of goods, raw materials or energy;
j. an epidemic or pandemic;
k. the attachment of stock or inventory at the Supplier or at third parties hired by the Supplier;
l. liquidity issues of the Supplier or third parties hired by the Supplier;
m. failure or interruption of electrical, network and/or telephone systems, ransomware and other
online or other attacks, computer viruses; and
n. all other causes through no fault of the Supplier or beyond the Supplier’s sphere of risk.
14.4. If force majeure occurs and the Supplier has already partially met its obligations or will partially
meet them, the Customer must pay the price due for this part to the Supplier.
15. Suspension, early termination and termination
15.1. The Supplier is entitled to suspend or delete an account or to terminate or suspend all or part of
the Agreement In Writing with immediate effect, without judicial intervention and without being
obliged to pay compensation, notwithstanding its right to demand specific performance instead of
termination or suspension, and notwithstanding its right to compensation if:
a. the Customer fails to meet their obligations and this default is not remedied within fourteen
Days of the date of sending the notice of default;
b. the Customer’s details cannot be verified for whatever reason;
c. the Customer petitions for a provisional or final moratorium on the payment of debts or is
granted a moratorium;
d. a petition has been filed for the Customer’s bankruptcy or the Customer has been declared
bankrupt;
e. the Customer applies to be admitted to the Debt Restructuring (Natural Persons) Act (WSNP),
or they are admitted to the WSNP;
f. a substantial part of the Customer’s assets has been attached or the Customer has been
liquidated;
15.2. The Customer must immediately notify the Supplier of the aforementioned circumstances In
Writing.
15.3. If the Supplier terminates or suspends the Agreement under this Article, any existing or future
claim that the Supplier has against the Customer will be immediately due and payable.
16. Intellectual property
16.1. All intellectual property rights, including, but not limited to, copyrights, trademarks, patents,
database rights, moral rights or other similar rights or forms of protection to the Products,
software, user interfaces, analyses, designs, methods, reports, models, images, drawings,
photographs, prototypes, printed matter, files, Website, website content and so on vest
exclusively in the Supplier or its licensors. The Customer is not granted any intellectual property
rights to the Products.
16.2. The Customer may only use the trademarks of the Supplier or its licensors to the extent necessary
to use the Products. Unless the Agreement stipulates otherwise, this use does not confer any
ownership or other rights of use on the Customer.
17. Personal and other data
17.1. The Customer warrants that they will provide the Supplier with all information relevant to the
Agreement, including all information, personal data and other data that the Customer can
reasonably understand to be necessary for performing the Agreement.
including import and export bans or obstructions;
e. a defect in or breakdown of means of transport, production equipment, any machineries or
power supplies;
f. restrictions or cessations of supply by public utility companies;
g. fire, water damage, breakdowns or accidents in the company of the Supplier or of third parties
hired by the Supplier;
h. non-delivery or late delivery to the Supplier by its suppliers or other third parties;
i. stagnation in the supply of goods, raw materials or energy;
j. an epidemic or pandemic;
k. the attachment of stock or inventory at the Supplier or at third parties hired by the Supplier;
l. liquidity issues of the Supplier or third parties hired by the Supplier;
m. failure or interruption of electrical, network and/or telephone systems, ransomware and other
online or other attacks, computer viruses; and
n. all other causes through no fault of the Supplier or beyond the Supplier’s sphere of risk.
14.4. If force majeure occurs and the Supplier has already partially met its obligations or will partially
meet them, the Customer must pay the price due for this part to the Supplier.
15. Suspension, early termination and termination
15.1. The Supplier is entitled to suspend or delete an account or to terminate or suspend all or part of
the Agreement In Writing with immediate effect, without judicial intervention and without being
obliged to pay compensation, notwithstanding its right to demand specific performance instead of
termination or suspension, and notwithstanding its right to compensation if:
a. the Customer fails to meet their obligations and this default is not remedied within fourteen
Days of the date of sending the notice of default;
b. the Customer’s details cannot be verified for whatever reason;
c. the Customer petitions for a provisional or final moratorium on the payment of debts or is
granted a moratorium;
d. a petition has been filed for the Customer’s bankruptcy or the Customer has been declared
bankrupt;
e. the Customer applies to be admitted to the Debt Restructuring (Natural Persons) Act (WSNP),
or they are admitted to the WSNP;
f. a substantial part of the Customer’s assets has been attached or the Customer has been
liquidated;
15.2. The Customer must immediately notify the Supplier of the aforementioned circumstances In
Writing.
15.3. If the Supplier terminates or suspends the Agreement under this Article, any existing or future
claim that the Supplier has against the Customer will be immediately due and payable.
16. Intellectual property
16.1. All intellectual property rights, including, but not limited to, copyrights, trademarks, patents,
database rights, moral rights or other similar rights or forms of protection to the Products,
software, user interfaces, analyses, designs, methods, reports, models, images, drawings,
photographs, prototypes, printed matter, files, Website, website content and so on vest
exclusively in the Supplier or its licensors. The Customer is not granted any intellectual property
rights to the Products.
16.2. The Customer may only use the trademarks of the Supplier or its licensors to the extent necessary
to use the Products. Unless the Agreement stipulates otherwise, this use does not confer any
ownership or other rights of use on the Customer.
17. Personal and other data
17.1. The Customer warrants that they will provide the Supplier with all information relevant to the
Agreement, including all information, personal data and other data that the Customer can
reasonably understand to be necessary for performing the Agreement.
17.2. The Customer warrants that the personal and other data and information provided to the Supplier
by or on their behalf are accurate, up to date, complete and reliable.
17.3. If the personal and other data required for performing the Agreement are not provided to the
Supplier at all, on time or in accordance with the arrangements, the Supplier cannot be held liable
for any damage or loss suffered by the Customer. The Supplier may then charge the Customer
for the resultant costs it incurs and suspend performance of the Agreement.
17.4. The Supplier will handle the personal data with care and act in accordance with the provisions of
the General Data Protection Regulation. The Supplier refers to its Privacy Statement for more
information concerning its use of personal data.
18. Applicable law and competent court
18.1. Dutch law applies to these General Terms and Conditions, all proposals, offers and Agreements
between the Parties, any agreements resulting from or relating to them, and any non-contractual
disputes between the Parties.
18.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not
apply to these General Terms and Conditions, any proposal, offer or Agreement between the
Parties, or to any ensuing or associated agreement.
18.3. Any disputes – including non-contractual disputes – arising from, or relating to, these General
Terms and Conditions, proposals, offers or the Agreement will be submitted exclusively to the
competent judge of the East Brabant District Court unless another court is competent by law to
take cognisance of the dispute and the Customer opts, within six weeks of the Supplier invoking
this provision In Writing towards the Customer, for settlement of the dispute by the court
competent under the law.
Supplier information
Name: Moiizo B.V.
Physical address: Ambachtweg 19, 5731AE Mierlo
Telephone number: +31 085 202 09 16
Email address: info@moiizo.com
Chamber of Commerce number: 87639084
VAT number:NL 864358799 B01
by or on their behalf are accurate, up to date, complete and reliable.
17.3. If the personal and other data required for performing the Agreement are not provided to the
Supplier at all, on time or in accordance with the arrangements, the Supplier cannot be held liable
for any damage or loss suffered by the Customer. The Supplier may then charge the Customer
for the resultant costs it incurs and suspend performance of the Agreement.
17.4. The Supplier will handle the personal data with care and act in accordance with the provisions of
the General Data Protection Regulation. The Supplier refers to its Privacy Statement for more
information concerning its use of personal data.
18. Applicable law and competent court
18.1. Dutch law applies to these General Terms and Conditions, all proposals, offers and Agreements
between the Parties, any agreements resulting from or relating to them, and any non-contractual
disputes between the Parties.
18.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not
apply to these General Terms and Conditions, any proposal, offer or Agreement between the
Parties, or to any ensuing or associated agreement.
18.3. Any disputes – including non-contractual disputes – arising from, or relating to, these General
Terms and Conditions, proposals, offers or the Agreement will be submitted exclusively to the
competent judge of the East Brabant District Court unless another court is competent by law to
take cognisance of the dispute and the Customer opts, within six weeks of the Supplier invoking
this provision In Writing towards the Customer, for settlement of the dispute by the court
competent under the law.
Supplier information
Name: Moiizo B.V.
Physical address: Ambachtweg 19, 5731AE Mierlo
Telephone number: +31 085 202 09 16
Email address: info@moiizo.com
Chamber of Commerce number: 87639084
VAT number:NL 864358799 B01