General conditions of sale (CGV)
1 Validity of conditions 1. Distribution, billing, warranty processing, commercial conditions, etc. are therefore all based on the company Mokus Electronics b.v. (DE354223301) registered in the Swiss commercial register.
2) Deliveries, services and offers from Mokus Electronics b.v. are made exclusively on the basis of these conditions of sale, even if they are not expressly agreed again. Ordering the goods or service constitutes acceptance of these conditions. Any deviation from these general terms and conditions of sale is only valid if we confirm it in writing.
§ 2 Offer and conclusion of contract 1. The information contained in our sales documents, advertisements and online store (drawings, illustrations, dimensions, weights, specifications and other services) comes from the respective importers and may, in very rare cases case, defer. Images are to be considered as indications and may differ from the actual product. Information is given for information purposes only, unless expressly designated as binding in writing. The automatically generated e-mail from the online store, after the order, does not constitute a written and binding confirmation or a contractual agreement.
Orders placed by minors are only authorized with the agreement of the legal representative.
§ 3 Prices 1. The prices indicated in our order confirmation or invoice are binding. The prices shown in the store and in the automatic order confirmation may, in very rare exceptional cases, differ or be incorrect, as they are integrated and calculated automatically. If this is the case for an ordered item, we will contact the customer and either cancel the order immediately or agree a course of action.
2. the prices indicated in the store are net, SWICO and VAT included, but, unless otherwise agreed, transport and packaging costs are extra. If applicable, the (shipping costs) are indicated in the basket.
3. subject to price changes or possible typographical errors. All product names and trademarks are the property of their respective owners. Photos and illustrations are provided for information purposes and are not contractual.
§ 1. Delivery dates and times are given for information only, unless expressly agreed otherwise in writing. The indication of certain delivery times and dates by Mokus Electronics b.v. is subject to the correct and timely supply of Mokus Electronics b.v. by its suppliers, distributors and importers.
§ 5 Delay in receipt 1. If, after an order and the expiration of an additional period granted to him, the buyer refuses to take delivery of the delivered items or declares that he does not want to take delivery of the goods, Mokus Electronics b.v. may refuse to perform the contract and claim from the buyer the costs caused by the non-performance of the contract up to the damage actually suffered.
§ 6 Delivery 1. Visible quantity differences must be reported in writing to Mokus Electronics b.v. and the carrier upon receipt. Claims regarding damage, delays, loss or poor packaging must be reported upon receipt of the shipment of goods. Transport damage must be reported upon receipt to the post office or courier concerned.
§ 1. the risk passes to the buyer as soon as the shipment has been handed over to the person responsible for transport. If dispatch is delayed or made impossible through no fault of ours, the risk shall pass to the buyer at the time he is informed that the goods are ready for dispatch. The assumption of transport costs by Mokus Electronics b.v., agreed on a case-by-case basis, has no influence on the transfer of risks.
§ 8 Warranty 1. Mokus Electronics b.v. guarantees, within the framework of the manufacturer's warranty, that the products are free from manufacturing and material defects. The warranty, in accordance with the following provisions, is at least 2 years, unless otherwise expressly agreed in writing or guaranteed by the manufacturer.
2) The warranty period starts from the delivery date. If our instructions for use or maintenance are not followed, if modifications are made, if parts are replaced or if consumables not conforming to the original specifications are used, any warranty is void to the extent that the defect is the consequence. The same applies if the defect is due to improper use, storage and handling of the devices, or the intervention of third parties as well as opening of the devices. Minor deviations from the promised characteristics of the goods do not give rise to warranty rights.
3) Any liability for normal wear and tear and wearing parts is excluded.
4. Warranty rights against Mokus Electronics b.v. belong only to the direct purchaser and cannot be assigned. The customer must bear the shipping costs himself in the event of return to the supplier or manufacturer.
5. We do not guarantee the installation of software on pre-installed PCs, laptops, etc. It is also not possible to assert warranty claims for software errors or malfunctions.
6) Mokus Electronics b.v. only grants a warranty to the extent that it is subsequently assumed by the supplier or manufacturer. If the manufacturer or supplier of Mokus Electronics b.v. does not recognize an item as being under warranty, Mokus Electronics b.v. assumes no warranty service.
7) Unless otherwise agreed, defective parts/devices will be replaced with equivalent parts/devices or repaired.
8) A warranty case does not entitle the buyer to claim reimbursement of the purchase price, insofar as the devices are repaired free of charge by the manufacturer or replaced with equivalent devices.
If the manufacturer or supplier issues a credit note, it is valid for today's price. We will then refund the credited amount. 9. There is no right to claim damages arising from the use of the defective product.
§ 9 Returns/Returns
IMPORTANT: Do not send anything to Mokus Electronics b.v. without first notifying business@mokus.nl.
1. For repairs or warranties, prior notification to Mokus Electronics b.v. is required. Please contact business@mokus.nl describing the defect and possibly attaching photos. We will initiate the return or repair procedure with the supplier or manufacturer. You will then receive a returns form from us with which the defective goods must be sent. Return costs are the responsibility of the buyer. Returns are only accepted in the original packaging. Otherwise, no processing can be carried out. The replacement of parts, modules or entire devices does not result in the entry into force of new warranty periods. The warranty is limited exclusively to the repair or replacement of items delivered damaged. When sending devices for repair, the buyer must ensure that the data contained therein is backed up by copies, as they may be lost during a repair intervention. Mokus Electronics b.v. cannot be held responsible for deleted or lost data. Mokus Electronics b.v. only grants a warranty to the extent that it can be passed on to the relevant manufacturer or supplier of Mokus Electronics b.v..
2. Order or merchandise errors must be reported within 5 days to business@mokus.nl. If the packaging is opened or damaged, a deduction (up to approximately 40%), or even a refusal, may be applied (a return is generally excluded for goods with a value of less than €100.-). If the item was ordered in error by the customer, a return will be reviewed by our supplier and either approved or declined. In this case, the deduction is at least 10%. Shipping costs are the responsibility of the customer. If the item is defective or damaged, it will be replaced, repaired or refunded.
2.1. in the event of an order error, Mokus Electronics b.v. offers the customer to verify the return with the importer. The following conditions apply:
the goods were purchased from Mokus Electronics b.v. (the serial number is decisive).
This is not an Apple CTO device
This is not a special acquisition product.
the merchandise is in its original, unopened and undamaged packaging.
the recovery request must be sent to Orderflow.ch within 5 days following the delivery date. To do this, contact us by email at business@mokus.nl.
Mokus Electronics b.v. sends the return delivery note to the customer after we have received it from the importer.
The goods must be sent with the return delivery note to the address indicated therein.
Transport costs are the responsibility of the customer.
After examining the goods, a take-back offer is submitted to the customer.
In general, 10% is deducted (expense allowance).
3. As long as an item is backordered and delivery has not yet occurred, a cancellation may be considered. Orders/items already paid for are refunded if a cancellation can be made. Within 6 weeks following the order, a deduction of 2% (minimum €10.-) is made on the reimbursement. When paying by credit card, Twint or Postfinance, the amount is always charged immediately - even if the item is late. We have no influence on the timing of the debit because the payment process is directly encrypted by the respective payment provider.
4. When the manufacturer or supplier issues a credit note, it is always valid for the current price. We will then refund the credited amount.
5. consumables (e.g. software, toners, inks, data carriers) cannot be returned if the packaging is opened.
§ 10 Reservation of title 1. The delivered goods remain the property of Mokus Electronics b.v. jus
2. purchase on account with option of payment by installments (POWERPAY)
MF Group / POWERPAY offers, as an external payment service provider, the "purchase on account" payment method. The individual invoice allows you to easily pay for your online purchases by invoice. If you waive timely payment, you will receive a monthly invoice the following month with a summary of your order.
When concluding the purchase contract, POWERPAY assumes the resulting invoice debt and manages the corresponding payment terms. In the event of purchase on account, you accept, in addition to our T&Cs, those of Powerpay: T&Cs.
4. If the buyer is late, we are entitled to charge interest of 10% from the relevant date. During the period of the delay, Mokus Electronics b.v. is entitled at any time to terminate the contract, to demand return of the delivered goods and to claim damages for non-fulfillment of the contract.
5) All claims become immediately due and payable if the buyer is in default of payment, if he fails to comply through his fault with other essential obligations arising from the contract or if we become aware of circumstances which could reduce the creditworthiness of the buyer. buyer, in particular the cessation of payment, the existence of a composition or bankruptcy procedure. In these cases, we are entitled to withhold deliveries yet to be made or to only make them against advance payment or guarantees.
6. In the event of legal proceedings initiated by Mokus Electronics b.v., the data relating to the legal proceedings will be passed on to various credit check companies.
§ 1. claims for damages for inability to provide the service, for breach of contract, for fault when concluding the contract and for unlawful acts are excluded, both against us and against our auxiliaries. execution or execution, except in cases of intentional action or gross negligence. We decline all liability for damage resulting from the use of the products.
§ 13 Copyright / Software Warranty 1. If the software is part of the delivery, it is transferred to the buyer only for one-time resale or for his own use, i.e. it is not may neither copy it nor leave it for others to use. Software is excluded from all warranty provisions on the forms. Only the provisions of the manufacturer's license agreement apply.
§ 14 Data protection 1. Mokus Electronics b.v. is authorized to process data relating to the buyer obtained in the course of or in connection with business relationships, whether originating from the buyer himself or from third parties , in accordance with the Federal Data Protection Act. Mokus Electronics b.v. guarantees that no customer data will be transmitted or sold for advertising purposes.
Subject to changes and adaptations at any time.
Amsterdam, July 8, 2023