GENERAL CONDITIONS OF SALE

Index

1. Definitions
2. Purpose
3. Execution of Purchase and Sale Agreements
4. Product Availability
5. Price and shipping fees
6. Order forwarding method
7. Method of payment
8. Shipping and delivery of products
9. Withdrawal right
10. Product defects
11. Product Responsibility
12. Privacy
13. Errors and/or inconsistencies in the Online Store
14. Intellectual property
15. Applicable law
16. Contacts

1. Definitions

The terms and expressions listed hereunder shall have the meanings set out below, it being understood that the terms defined in the singular shall be understood as defined in the plural and vice versa.
● Customer: means any person (individual or legal entity) that purchases one or more Products from the Online Store, accepting the General Conditions.
● Company: means MOVIDA NUEVO. with registered office in Av.Ernest Solvay, 93- 1480 Saintes, for the retail sale of the products through the Online Store MOVIDANUEVO.COM.
● Parties: means together and the Customers.
● General Conditions: mean the present general conditions of sale and any new versions that may be published in the future in the Online Store
● Online Store: means the virtual store, managed and accessible at the URL http://MOVIDA NUEVO.com, through which it is possible to buy the Products.
● Purchase and Sale Agreements: means the purchase and sale agreements for the Products, pursuant to art. 3, between and the Customers through the Online Store.
● Orders: means the purchase orders for the Products sent to the Customers, in compliance with the General Conditions and following the procedure pursuant to art.6.
● Order Confirmation: means the e-mail message through which the order acceptance is notified to the Customers.
● Price: means the sale price of the Products as indicated in the Online Store in correspondence to the Products themselves.
● Products: means the products published in the Online Store for sales purposes.
● Account : means the area of the Online Store in which Customers can, subsequent to logging in: (i) view and modify their personal data and the addresses where the Products subject of the Orders are to be shipped and delivered; (ii) access every other specific function relevant to their activity within the Online Store.

2. Purpose

2.1 The General Conditions regulate all Purchase and Sale Agreements and form an integral part of the same.
2.2 Reserves the right to amend the present General Conditions, at any time, without prejudice that those published at the time of Order by the Customer shall be applicable to the Purchase and Sale Agreements.
2.3 In the event of inconsistency between the General Conditions and any other terms and conditions relevant to the Purchase and Sale Agreements published in the Online Store, the terms and conditions that are more favourable for the Customers shall be applicable.

3. Execution of Purchase and Sale Agreements

3.1 Undertakes to forward the Order Confirmation to the Customers within 2 business days from receipt of the Order from the Customer.
3.2 The Purchase and Sale Agreements are understood as executed between the Parties when the Customers receive the Order Confirmation. Should the Customer not receive the Order Confirmation within the time frame indicated in art. 3.1, the relevant Order is to understood as refused and hence, not effective.
3.3 By forwarding the Order, the Customers declare to have read all of the instructions relevant to the methods of purchase for the Products pursuant to art. 6 and to have integrally accepted the General Conditions as well as having read all of the further information contained in the Online Store, including through links.
3.4 The Orders shall be saved in the database of the Online Store, according to the methods and in compliance with the provisions pursuant to Belgian law of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data modified by the law of 11 December 1998 you have the right to access your data and to correct it. The responsible of your data is MOVIDA NUEVO  Rue de Bruxelles, 189 – 1480 Tubize  Belgium.

4. Product Availability

4.1 Without prejudice for the provisions pursuant to art. 4.6, in correspondence to each Product published in the Online Store, indicates whether the same:
(i) is in stock in the warehouse;
4.2 The type of Products published in the Online Shop and their availability may vary at any time without incurring any liability towards the Customers.
4.3 The indication relevant to the availability of the Products is not binding. In the event of sudden unavailability of a Product that was indicated as available at the time of Order by a Customer, without prejudice to the provisions of art. 3.2, undertakes to inform such Customer via e-mail regarding the approximate times foreseen for a new availability of the Product/Products subject of the Order forwarded by the Customer. The Customer can withdraw the Order within 48 hours of receiving such notification from MOVIDA NUEVO. (without prejudice to the withdrawal right pursuant to art. 9) by sending an e-mail message to the address specified in art. 16. In this case, undertakes to reimburse the price within the least time possible.
4.6 reserves the right to not disclose the availability of a Product or of some Products published on the Online Store.

5. Price and shipping costs, taxes and duty

5.1 The Price is expressed in € (Euro). The Price applicable is that which is published in the Online Store at the time that the Order is placed by the Customer.
5.2 The Price is understood as being inclusive of VAT (21%), should the Products be shipped and delivered within the European Union MOVIDA NUEVO. In the event that the Products are shipped and delivered by MOVIDA NUEVO. outside of the European Union, the Price shall be understood as excluding VAT.
5.3 The Price does not include shipping costs. reserves the right to request a contribution from Customers to cover the shipping costs that may vary according to the type of delivery, quantity of Products to be delivered, their volume, weight and destination.
5.4 The contribution requested for shipping costs is indicated, separately from the Price, before completing the Order and shall be paid by the Customer together and at the same time of the payment of the Price pursuant to the methods in art. 7.
5.5 Any fees, taxes, duties and other charges provided by the laws of the State where the products are shipped and delivered will be entirely borne by the Customers and those paid at the time of delivery of the Products, directly to the tax authorities or customs authorities or to the courier in charge of delivery.

6. Order forwarding method

6.1 In order to proceed with placing the Orders, Customers are required to register in the Online Store by inputting all “mandatory” data and by selecting a password in order to forward the Orders and to access, even at a later time, their personal Profile.
6.2 The Customers may purchase the Products by selecting the same in the section of the Online Shop dedicated to the desired Product category and putting them in the “cart”. Should the Customers intend to purchase more than one Product, the same procedure indicated above must be repeated by clicking on “add other products”. Once the Products have been selected, the Customers must, if they have not already, complete the registration pursuant to art. 6.1, or if already registered, must sign in using their e-mail and password in the spaces provided and click on “checkout”. Once the correctness of the data relevant to the Product/Products chosen and the “shipping information” have been verified, the Customers must choose the payment method pursuant to art. 7.  Once the payment method has been chosen, the Customers can send the Orders by clicking on “place order”.

7. Method of payment

7.1 Customers can make the payment of the Price and the contribution for shipping costs pursuant to art. 5, by credit card,  PayPal, bank wire transfer or other methods of payment accepted by the Online Store. MOVIDA NUEVO. reserves the right to vary, at any time, the methods of payment available to the Customers, without prejudice to the fact that the methods of payment published in the Online Store at the time of the Order shall be accepted.
7.2 For payment by credit card, the charge to Customers of the Price and contribution for shipping costs pursuant to art. 5 occurs, upon verification of the credit card information and having received authorization from the issuing company of the credit card used by the Customers, simultaneous the sending by of the Order Confirmation. Credit card information sent during the execution of the Orders are protected and sent directly to the banking company handling the payments. The payment is made directly on a secure server with an SSL encryption key so as to guarantee the absolute security of the transaction. Credit card information is not accessible on behalf of or in any case by third parties, neither at time of sending the Orders nor subsequently.
7.3 For payment by PayPal, when the Orders are sent by the Customers, the Web session shall be transferred to the PayPal secure website. On this website, Customers can complete the payment of the Price and the contribution for the cost of shipping pursuant to art. 5 using their PayPal account and in compliance to the PayPal service conditions of use signed previously or at the time of the Order by the Customer. The charging of the Price and the contribution for shipping costs pursuant to art. 5 to the Customers’ PayPal account occurs simultaneous to the forwarding of the Order Confirmation.
7.4 Should the Customer request, at the time of the Order, an invoice shall be sent to the same via e-mail or regular mail. For invoice issuing purposes, the information supplied by the Customer shall be deemed valid. It shall not be possible to amend the invoice subsequent to the same being issued by MOVIDA NUEVO.

7.5 The information received pursuant to and in compliance with the present article 7, shall be used exclusively to complete the procedures relevant to the sale of the Products and the refund procedures in the event that the withdrawal right pursuant to art. 9 is exercised on behalf of the Customer.

8. Shipping and delivery of products

8.1 Whereas, the “shipping” of the Products byMOVIDA NUEVO. is understood as the delivery of the same to couriers selected from time to time pursuant to art. 8.2,  is not held to ship the Products until the same has not received the payment of the Price; once the payment of the Price has been received, undertakes to ship the Products:
(i) in the case of available Products (as defined in art. 4):
- within 5 business days from receiving the notification of authorization for the debit pursuant to art. 7.2, for credit card payments;
(ii) should available products become unavailable (as defined in art. 4.3), within 3 business days from the time in which such Product or Products are in stock at the warehouse, without prejudice to the Customers’ right to withdraw the Order pursuant to art. 4.3;
(iii) should the availability of one or more Products not be specified (in compliance with the faculty in art 4.6) and the Products are in stock at the warehouse of MOVIDA NUEVO. at the time of the Order made by the Customers:
- within 3 business days from the receipt of the notification of authorization of the debit pursuant to art 7.2, for payment with credit card;
(vi) should the availability of one or more Products not be disclosed (in compliance with the faculty pursuant to art 4.6) and the Products are not in stock at the warehouse of MOVIDA NUEVO. at the time the Order is sent by the Customer, within 3 business days from the time that the Products are in stock at the MOVIDA NUEVO. warehouse.
8.2 Guarantees the shipping of the Products, within the States specified in the Online Store, by express courier selected for time to time according to the Product ordered and the destination. The Products are shipped by MOVIDA NUEVO. and delivered by the courier chosen by MOVIDA NUEVO. to the address specified by the Customer at the time of registration pursuant to art. 6.1, or other address specified at the time the Order is sent.
8.3 Undertakes to do everything in its power so that the Products shipped pursuant to arts. 8.1 and 8.2 are delivered by the chosen courier:
8.4 The delivery Conditions pursuant to art. 8.3 cannot, in any case, be considered binding and MOVIDA NUEVO. not being able to directly control the delivery of Products subsequent to the same being shipped, cannot be in any way held liable for the breach of the same.
8.5 Customers, or other parties appointed by the Customers to receive the delivery of the Products listed in the Order Confirmation, are responsible for the verification, at the time of delivery, that:
(i) the Products correspond to that which is listed on the courier way bill, both for type and number;
(ii) the packaging/parcels of the Products are intact, not damaged, wet or in any case altered, including seals.
8.6 Any damage to the packaging/parcels of the Products must be immediately claimed by the Customers when accepting the same by writing subject to verification on the courier delivery slip. It is understood that once the slip is signed without any claim, the Customer cannot raise any objection in relation to the appearance of what was delivered.
8.7 The Products may be delivered by couriers only to the Customers or persons authorized by them, the person to which the Products are delivered must sign in order to certify delivery. Couriers do not deliver to P.O. boxes or by inserting the Products in mailboxes or other similar places.

9. Withdrawal right

9.1 Should the Customers be “consumers” (an individual that acts for purposes outside of the entrepreneurial, commercial, artisan or professional activity carried out), the Customers reserve the right  to withdraw from the Purchase and Sale Agreements within 14 days from the date in which the Products subject to the Purchase and Sale Agreements are received. The withdrawal right must be exercised by the Customers by sending a written notification, via e-mail to the address pursuant to art. 16, containing:
(i) the demonstration of the intent to use the withdrawal right;
(ii) the indication of the Order that produced the Purchase and Sale Agreement from which they intend to withdraw.
9.2 In the event that the withdrawal pursuant to the present art. 9 is exercised by the Customer:
(i) the Customers undertake to return the Products within 10 business days from the date of notification of the withdrawal pursuant to art. 9.1;
(ii) all costs relevant to the return of the Products are entirely to the charge of the Customers;
(iii) undertakes to refund the Price as soon as possible and in any case within 14 days from the date on which the withdrawal notification is received pursuant to art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging/parcels of the Products and the Products themselves are returned intact;
- any accessories, instruction manuals, etc. are returned and are intact;
(iv)  shall notify the Customers of the Price refund methods and for such purpose, can request the Customers’ banking data (IBAN and owner of the current account).
9.3 In the event that the Customers exercise the withdrawal right in a manner that is not in compliance with the conditions of the present article 9, the same shall not have the right to a refund of the Price.

10. Product defects

10.1 Should the Products have a warranty from the manufacturer of the same (commercial/conventional warranty), any Product defects must be claimed by Customers directly to the Product manufacturer pursuant to the methods and conditions specified in the warranty itself.

11. Product Liability

The Product manufacturer is liable for any damage arising from Product defects.

12. Data Protection

Declares and guarantees that Customer personal data shall be processed in compliance with the provisions pursuant to Belgian law of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data modified by the law of 11 December 1998 you have the right to access your data and to correct it. The responsible of your data is MOVIDA NUEVO (division of Webcell sprl) Rue des Pères Blancs, 4 – 1040 Brussels  Belgium

13. Errors and/or inconsistencies in the Online Store

13.1 Undertakes to constantly check the Online Store in order to avoid errors or inconsistencies. Nevertheless, it is possible that the Online Store contains, or can contain in the future, errors, inconsistencies or omissions.
13.2 Moreover, reserves the right to correct errors, inconsistencies or omissions within the Online Store, including subsequent to the Order being sent and also reserves the right to change or update the information at any time without prior notice to the Customers.

14. Intellectual Property

All of the intellectual property rights relevant to the Online Store (including contents) are the exclusive property of and/orMOVIDA NUEVO.;  The Online Store and its contents cannot be reproduced, neither in full nor in part, transferred by electronic or conventional methods, amended, connected or used for any purpose without the prior consent of MOVIDA NUEVO.

15. Applicable law

15.1 The General Conditions and the Purchase and Sales Agreements are governed by Belgian law and must be interpreted with reference to the same.
15.2 For any dispute that may arise in relation to the General Conditions and/or the Purchase and Sale Agreements, the competent court shall exclusively be that of Brussels (Belgium).

16. Contacts

For further information and assistance relevant to the Online Store or Online Store purchase methods or the Purchase and sale Agreements, Customers can contact our  Customer service by email to: info@movidanuevo.com or by means of a letter to the following address: MOVIDA NUEVO. Av.Ernest Solvay, 93 – 1480 Saintes  - Belgium