Please read the terms and conditions carefully before making a purchase.

 

Moilux Terms and Conditions of Sale

 

  1.  General . This website is the online shop of Moilux where consumers can buy products from Atly Nederland BV, Lichttoren 32 5611BJ Eindhoven the Netherlands, registered with the Netherlands Chamber of Commerce under number 78336379 (KVK-Nummer), hereinafter referred to as“ATLY”.


The Moulix webshop accessible through this website is only intended for consumers who wish to order Moilux products (" Products ") online and have them delivered in the Netherlands. ATLY does not accept orders for delivery outside the Netherlands. Below you will find the terms and conditions under which the Products are offered for sale on this website. By placing an order for Products from this website, you agree to and are bound by these terms and conditions. ATLY reserves the right to change these terms and conditions at any time without notice.

 

  1. Placing an order. By placing an order, a valid and binding contract governed by these terms is created between ATLY and you. ATLY will send you an email acknowledging receipt of your order with your order number and details of the items you have ordered. ATLY may reject your offer or may reduce the number of Products we supply to you due to certain reasons, for example, the products are out of stock or not currently available, or there was a pricing error † In such circumstances ATLY will contact you and may suggest alternative products that you might wish to purchase (at the same or different price). In the event of a pricing error, ATLY will communicate the correct price to you.If you do not accept ATLY's proposed substitution or the price modification, then ATLY will cancel the order and refund any money that you may have paid to ATLY in respect of the order, without assuming any other liabilities. Orders you place are binding on you and cannot be canceled once the order has been placed. You can, however, make use of the right of withdrawal as stated under these terms.
  2. Price . All prices are in Euro. Prices are the prices published on this website at the time you place the order. ATLY has the right to change all prices, discounts and promotions published on this website without notice.The prices published on the website include VAT, but exclude any disposal fee, shipping and handling costs and duties, which are for your account. Where applicable, these costs are calculated separately and specified on the order form and added to the total amount of the order.The total amount on the order form you submit is the total amount you will pay for the Products, including all taxes, disposal fees, duties, and shipping and handling costs and ATLY reserves the right to correct any errors or inaccuracies related to pricing and availability of the Products at any time.

 

  1. Payment. You may pay for your Products using the payment methods as may be provided during checkout. Payment must be made in the currency indicated on your order form. Unless otherwise agreed by ATLY in writing, payment must be received by ATLY at the time you place your order. If you are paying by credit card, you hereby represent and warrant that the credit card information you supply to ATLY is true, correct and complete, you are duly authorized to use such credit card for the purchase, and charges incurred by you will be fulfilled by your credit card company.

 

As for facilitation of payments, ATLY has contracted with Mollie BV, a third-party service provider, to perform certain services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis, and regulatory compliance. Accordingly, ATLY may provide your personal or transactional information with this third-party service provider when necessary to perform such services.

 

  1. Delivery. Orders on this website can only be delivered in the Netherlands.ATLY will ship the Products to the delivery address you have provided on the order form. ATLY may make partial shipments of your orders.Delivery and shipping dates provided by ATLY are estimates only and ATLY will not be liable for any loss, damage or expense in relation to delays in shipments. If one or more Products ordered are not in stock, this may result in the entire order being delayed. If this is the case, you will receive an estimate of the delay by email or post.
    Title to and risk of loss in your Products transfers to you upon delivery of the Products.  

     Once ATLY has handed over the Products to the carrier, ATLY will send you an e-mail with a tracking number, so you can trace your delivery.

 

  1. Cancellation and Returns . You have the right to cancel the agreement and return Products within 14 days of the delivery date without stating reasons. The cancellation period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, takes physical possession of the Products. In order to exercise the right of cancellation, you must send a written notification to info@moilux.com of your decision to cancel the agreement, before the cancellation period has expired. You may use this form to notify us about the cancellation of the agreement. You are responsible for all shipping and handling charges on returned items unless otherwise specified.You bear the risk of loss during shipment. We will refund you with the same payment method with which you made the original transaction. We may withhold reimbursement until we have received the Products back, or you have demonstrated that you have returned the Products. You must return the Products to us or hand them over to us without delay, but in any case no later than 14 days after the day on which you notified us of the decision to cancel the contract. You are only liable for any diminished value of the Products resulting from the use of the Products beyond what is necessary to establish the nature, characteristics and functioning of the goods. before returning products,please ensure that you (i) have put all accessories, warranty statements and other materials supplied with the Product in the packaging (unless otherwise advised to you); (ii) have used the full packaging originally supplied with the Product; (iii) have clearly stated the return address; and (iv) have sealed the packaging properly. For defective returns, please refer to section 7 below and the manufacturer's warranty included with the Product.

 

  1. Limited Warranty The below provisions regarding the warranty provided by ATLY are intended to supplement your statutory rights as a consumer and does not affect your statutory rights as a consumer.

    ATLY provides a warranty on the Products as stated on the warranty certificate or product documentation supplied with the Product and/or as may be stated on the website.For any Product that is sold by ATLY that is not subject to an applicable standard limited warranty, accompanying the product or as published on the website as the standard warranty applicable for a product, ATLY warrants that for 1 (year) from delivery to you, the Product's hardware components will be free from any defect in material or workmanship which causes the Product to fail to operate substantially when used as directed and in accordance with the specifications provided by ATLY. If you have a valid claim under warranty, you will promptly notify ATLY prior to the end of the warranty period, and if you have a valid warranty claim, ATLY will, at its option, 

 

If your claim under warranty is not valid, you will bear the transport costs of the Product returned. ATLY's warranty does not cover Products not properly installed and not used in accordance with user manuals and other instructions from ATLY. For the avoidance of doubt, ATLY will in no case be responsible for the costs associated with de-installation, removal or replacement of any product, including labor costs.

 

You hereby acknowledge and agree that certain functionality of the Products may rely upon the availability and correct functioning of third-party service providers or manufacturers, including connectivity and communication devices and services from telecom operators, mobile network operators or other service/device providers. These are outside of ATLY's control and ATLY has no responsibility or liability for performance (or lack thereof) of such third-party services or devices.

 

Except as expressly provided in these terms and conditions, ATLY hereby disclaims, to the fullest extent permitted by law, all express and implied warranties. ATLY does not provide any warranty for software elements in the Products or third-party products. 
 

ATLY SHALL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING, AND ATLY'S MAXIMUM AGGOUNTALL YOU SHCEED LIABITALL S) IN QUESTION.  

 

  1. Customer service

For questions about your Moilux web order, please contact  info@moilux.com.

 

  1. Data Protection . By placing your order, you agree and understand that ATLY may store, process and use the information collected from your order form to process your order. This data will be treated in accordance with the ATLY Privacy Policy. You can access this privacy policy by clicking the “Privacy Policy” button at the bottom of this website. If you would like to access the information we hold about you, or if you wish to make changes or if you do not wish to receive information from ATLY, please follow the procedure set out in the ATLY Privacy Policy.

 

  1. Intellectual property rights . ATLY is and shall remain the sole and exclusive owner of all intellectual property rights whether now or hereafter existing, however and by whomever conceived or developed, with respect to all Products sold or offered for sale pursuant to these terms. You shall not use, copy, forward, distribute, reproduce, distribute or publish ATLY's intellectual property rights, including but not limited to any photos, information, texts, logos, brands, trade names, images, etc. that are made available to you via this website or the Products in any of your advertising, communications, publications, or other work without the prior written permission of ATLY.You shall not remove, obscure, impair, cover, or alter any MOILUX mark or other mark nor add any MOILUX mark or other mark to any materials provided by ATLY nor to any Product or its packaging.

 

  1. Force major . ATLY will make every effort to fulfill its obligations under an order confirmation. However, ATLY cannot be held responsible for any delay or omission if such delay or omission is caused by circumstances beyond our reasonable control including, but not limited to, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, acts of terrorism, sabotage, labor strikes, epidemics, pandemics, riot, utility failures, and malfunction or loss of hardware/software, or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by ATLY with reasonable care. In the event of a delay, ATLY will perform its obligations as soon as reasonably possible.

 

  1. Governing Law and Jurisdiction. All rights, obligations, offers and agreements to which these terms and conditions apply are exclusively governed by Dutch law. All disputes between you and ATLY will be submitted to the competent court in the district where ATLY is located.

  2. General . A failure by ATLY or you to perform any provision of these terms shall not constitute a waiver of such provision. Such default shall not affect the right to execute such provision at a later date.

Nullity or unenforceability of a provision in these terms does not adversely affect the validity or enforceability of the remaining provisions.

You cannot assign any of your rights or delegate any of your obligations under these terms without ATLY's prior written consent. Any purported assignment or delegation in violation of this section is null and void.

These terms do not and are not intended to confer any rights or remedies upon any person other than you.