TERMS & CONDITIONS
1. General Terms
1.1 These Terms and Conditions ("Terms") govern all collaborations, orders, offers, sales, and deliveries of goods and services ("Products") provided by MWO SRL, registered at Avenue Vésale 20, 1300 Wavre, Belgium ("MWO") through its website www.mwodesign.com, to customers ("Purchaser").).
1.2. In the absence of specific agreement between the parties in writing, the clauses and conditions mentioned hereinafter and considered as known and accepted without reserve by the purchasers/customers, constitute the entirety of the agreements and understandings between the Purchaser and MWO. In the event of any conflict between these general terms and conditions and obligations set forth in a specific agreement with a Purchaser, the special terms of the agreement shall prevail.
1.3 In the event of ambiguity or of contradiction between the non-constraining legal provisions or the Purchaser’s General Conditions and the General Conditions of Sale of MWO hereinafter, the provisions of these General Conditions of Sale shall always prevail. These General Conditions of Sale shall exclusively apply to all legal relationships between MWO and the Purchaser.
1.4. MWO may amend these Conditions. Amended conditions will be posted on MWO’s Website and will be notified by e-mail.
You may respond in writing within 14 days of the notification. If Purchaser does not react by the end of this period, the new terms and conditions will apply.
For Consumers only: The amended Conditions will take effect 30 days after their notification. You may respond in writing within 14 days of the notification.
Thereafter, you will be deemed to have accepted the amended Conditions and these will automatically apply to your agreement.
1.5 No changes to these terms and conditions may be made without the prior written consent of MWO.
1.6. If one or more provisions of these General Conditions are declared entirely or partially void at any given time, the other General Conditions shall continue to fully apply.
1.7. In the absence of a specific contrary provision in these General Conditions, no action or absence of action, no silence or any other behaviour of MWO shall be construed as a waiver or a renunciation of any right stemming from these conditions.
1.8 MWO and the Purchaser act as independent contractors, not as legal representatives, employees, or agents of each other.
1.9 All intellectual property rights in the Products remain with MWO. Sale of the goods to Purchaser does not include transfer of MWO's intellectual property rights of any kind.
Derivative works based on the Products cannot be reproduced, modified or created without MWO's written consent.
2. Supply, Pricing, Payment, and Delivery
2.1 Client’s orders shall commit MWO only insofar as they are confirmed in writing by MWO or if MWO ratifies them by shipping the goods and sending the invoice.
No verbal offer is binding unless it has been confirmed in writing.
MWO's offers made in writing are binding on MWO for a period of 20 days following notification of the offer to the Purchaser.
The delivery times that are indicated are always indicative and depend on the availability of the products. No overrun of the indicated delivery periods shall under any circumstances be able to give rise to a claim for damages on the part of the Purchaser, nor to a revocation or cancellation of the pending order.
2.2. In no case shall MWO be required to accept any orders if the Purchaser does not, in MWO’s opinion, offer sufficient guarantees of the honouring of his, her or its commitments, while the service required in any way exceeds the Purchaser’s order in question.
2.3 All prices are quoted in Euros (€) excluding withholdings and other taxes, VAT, charges (additional), contributions, customs and excise duties or deductions of any other kind, all of which shall be charged to the Purchaser.
Transport packaging costs are not included in the purchase price and will be billed separately.
2.3. Unless expressly agreed otherwise by the client, all sales shall be governed by Incoterm DAP. It means that the seller (MWO) is responsible for transporting the goods to the agreed destination and bears all associated costs and risks. The buyer (the client), on the other hand, is responsible for unloading and import customs clearance, as well as any applicable taxes and duties.
2.4. Full payment is required upon order. No delivery will occur until payment is received in full.
2.5. Any modification to the order (e.g. color modification) following invoicing will incur a supplementary fee.
2.6 The Purchaser shall under no circumstances be authorised to defer the obligation to pay or to offset or deduct any amount for any reason whatsoever.
2.7 Contract (Confirmed orders) shall always be able to be cancelled at the request of one of the parties if in the absence of the delivery concerned and after receipt by MWO of formal notice emanating from the Purchaser by which MWO is given a period of thirty (30) working days to perform, no delivery has taken place at the end of that period, unless it is question of force majeure concerning MWO. Especially, MWO is not liable for delays or failures due to causes beyond its control, including natural disasters, transport shortages, war, terrorism, strikes, pandemics, and lockdowns.
MWO shall make every reasonable endeavour to inform the Purchaser, if necessary, of the aforesaid situations of force majeure.
2.8 Any advice or instructions provided by MWO are given to the Purchaser to the extent and within the limits of MWO’s knowledge and possibilities. They shall under no circumstances imply any liability on the part of MWO, whatever their form.
3. Inspection, Warranty, and Liability
3.1 On receipt of the products, the Purchaser must immediately examine whether the delivered products correspond in all points of view with the order in particular with regard to their quantity and quality. Purchaser shall notify MWO of any defects within 7 days of the Delivery. Transport damages or obvious defects should via email to info@mwodesign.com within 7 days of receipt.
3.2 In the absence of any control or in the event of a positive result, the Purchaser shall be deemed to have accepted the delivery of the goods and confirmed the absence of any apparent defects therein.
3.3 Products made from handmade or natural materials may have variations in color and texture. Color variations are not considered a defect.
3.4. Products crafted from handmade or natural materials may exhibit variations in color and texture, which are inherent to their nature and not considered defects.
Moreover, vector files are provided solely for illustrative purposes to show proportions and color layout; they must not, under any circumstances, be used as a reference for color accuracy.
For accurate color representation, please refer to the photographs of physical samples included with the proforma invoice.
3.5 MWO guarantees that the goods conform to the specifications outlined in the order. MWO's liability shall only be engaged if the goods do not match the agreed specifications. In the event of an issue, and given the custom-made nature of the goods, MWO will prioritize repair over replacement. Goods will only be replaced if repair is not possible.
MWO shall not be held liable for any color differences arising from reliance on vector files, which are provided exclusively for illustrative purposes and do not represent true color values.
3.5 All other warranties, express or implied, including merchantability and fitness for a particular purpose, are excluded.
3.6 MWO's total liability will not exceed the invoice value of the goods. MWO is not liable for indirect, consequential, or special damages.
4. Data Protection, Confidentiality, and
Contact Information
4.1 MWO does not collect your personal data unless it is voluntarily shared with us. We keep your information safe and use it solely for communication and transactions between us. We handle personal data in accordance with applicable data protection laws, ensuring your privacy and security.
4.2 If necessary, MWO and the Purchaser will enter into a separate data processing agreement.
5. Legal Warranty - for consumers only
In accordance with Belgian law, consumers benefit from a legal warranty of two years for any lack of conformity existing at the time of delivery and which becomes apparent within two years from delivery.
6. Governing Law and Dispute Resolution
6.1 These General Conditions are governed by Belgian law.
6.2 The Belgian courts shall have exclusive jurisdiction for hearing possible disputes.
6.3 The fact that the Purchaser does not receive these General Conditions in his, her or its mother tongue does not release him, her or it from his, her or its obligations.
7. Language
7.1. The fact that the Purchaser does not receive these General Conditions in his, her or its mother tongue does not release him, her or it from his, her or its obligations.
7.2. Should any dispute arise between the parties, the proceedings shall be conducted in French.
For any inquiries, please contact:
Email: info@mwodesign.com
Phone: +32 471 03 09 16
Address: MWO SRL
Avenue Vésale 20, 1300 Wavre, Belgium
TVA: 1012.260.227