General Terms & Conditions | Motionix Official
General Terms and Conditions | MOTIONIX
1. GENERAL TERMS AND CONDITIONS
1.1 Welcome to our general terms and conditions. It is important to us that you know what you can expect from us and what we expect from you. When we say "us", "we" or "MOTIONIX", we refer to MOTIONIX, registered in the Netherlands. Full company details can be found in section 11.
1.2 These general terms and conditions apply when you place an order with us via the website, mobile version or our mobile application, or by telephone (hereinafter referred to as the "Online Store").
1.3 By placing your order, you agree to be bound by these general terms and conditions or the "Terms" as we will refer to them from now on. Therefore, please make sure that you have read and understood them before placing an order.
1.4 Orders can only be placed by private individuals who are 18 years of age or older and who are not under guardianship. In addition, you must have a valid email address and a delivery address in countries where MOTIONIX currently offers shipping.
1.5 You are not allowed to place orders for corporate, commercial or self-employed activities. Orders placed through the Online Store are intended for private consumers. Business purchases may be subject to separate invoicing arrangements.
1.6 We reserve the right to change these Terms. The version of the Terms that applies to your order will be the version published on our official website at the time you place your order. Any changes will be incorporated into the latest published version of the Terms in the Online Store. Changes take effect from the moment you accept them, for example by placing a new order. This means that we may update our Terms from time to time, so we recommend checking this page regularly for the latest information.
2. PRICES AND DELIVERY COSTS
2.1 The prices displayed in the Online Store include the legally due value added tax, but do not include delivery costs. The total purchase price, including the delivery fee, will be displayed during the payment review.
2.2 Delivery costs are displayed during the payment review, where the available delivery options are presented. You can also find more information here. The delivery options available to you depend on your delivery address and the items ordered.
2.3 From time to time, we may offer promotions, discount codes, gifts and other offers. Such offers are only valid for the period stated in these offers and under the conditions directly related to them. Offers cannot be combined with other discounts, unless expressly stated otherwise in the Online Store.
2.4 Please note that no return/delivery fee will be charged for defective and/or damaged items. Any fees or costs incurred by you for products/items that you have returned due to defects, including the costs of shipping the products and/or the costs incurred by you in returning the products to us, will be refunded to you using the same payment method you used to make the purchase.
3. ORDERING
3.1 Do you want to place an order? Great! Here's what you need to do: select the items you want to order and add them to your cart using the "Add to Cart" button. In the cart, you can review your order and remove any items you have changed your mind about before proceeding to payment. When you place your order by clicking the "Complete Purchase" button, you are making a binding offer to purchase the items in your cart. Depending on the payment method you have chosen, additional steps may be required to finalize the payment.
3.2 After you place your order, you will receive a confirmation by email. Please note that the order you place does not constitute a binding contract until it has been approved by us. If we approve your order, we will send you a delivery confirmation email that includes all the necessary information. The delivery confirmation email constitutes our approval of your order and the conclusion of our contract.
3.3 If for any reason we are unable to fulfill your order, we will notify you as soon as possible. We reserve the right not to approve your order for operational, legal, or commercial reasons. For example, this may happen if an item is unavailable, defective, or if we suspect orders are placed for resale purposes.
3.4 If we have already received payment for an order that we have not approved, we will refund the relevant amount using the same method you used to make the payment. If for any reason another arrangement is necessary, we will notify you and ask you to contact us.
4. PAYMENT METHOD
You can pay for your goods in different ways, as indicated below. Depending on the payment method you choose, additional costs and conditions may apply.
4.1 Payment before or during delivery
Apple Pay:
If you pay with Apple Pay, MOTIONIX reserves the right to verify the validity of the Apple Pay account and the linked payment card. We may refuse an order if payment authorization fails or if suspicious activity is detected. The relevant amount may be reserved on your selected card and will only be charged after the goods have been dispatched from our warehouse.
Credit card or debit card:
You can enter your payment details when placing your order using a valid credit or debit card (Visa or Mastercard). The applicable amount may be reserved on your card and will only be charged after the goods have been dispatched. MOTIONIX reserves the right to verify payment details and billing information. We may refuse an order depending on the outcome of these checks.
5. DELIVERY
5.1 Wondering when your order will arrive? When reviewing the payment before placing your order, you will be informed about the available delivery options to the address you have specified, as well as the expected delivery time after approval of your order and the price for each option. You can also find more information here. If we approve your order, you will receive a confirmation email containing all the necessary information about the order and the selected delivery option. Delivery is available only to countries listed during checkout.
5.2 Although we do our best to deliver the goods within the announced deadline, sometimes delivery may take longer due to unexpected events. If your order does not arrive within the expected delivery time, please contact us.
6. RETURNS
6.1 Under EU consumer law, you have the right to cancel all or part of your purchase within 30 days from the day you receive your order. To exercise this right, returned items must be sent back to MOTIONIX in accordance with our return instructions.
6.2 We will refund the full amount of any returned item, provided that it is returned in the same condition in which it was received. If a product has been damaged, soiled, washed, altered or worn in any way other than for fitting purposes, and its value has been reduced, we reserve the right to deduct an amount corresponding to the reduced value. All labels and original markings must remain attached.
6.3 The right of withdrawal and return does not apply to products that are sealed and unsuitable for return for health or hygiene reasons once opened, such as certain types of underwear and swimwear.
7. DEFECTS
7.1 Under applicable consumer protection legislation, all products must be free from defects, meaning they must comply with the sales contract, be fit for purpose, and function as expected for products of the same type. If this is not the case, please contact us without delay and follow our return instructions.
7.2 Depending on the item, the defect in question and your request, we will offer to refund the amount due for any item that is considered defective.
8. OUR LIABILITY
8.1 We make all reasonable efforts to ensure that the information in our online store is accurate, complete and up-to-date. Despite our efforts, it may sometimes happen that the information is inaccurate, incomplete or out of date. We are not bound by such information if you know or should have known that the information is inaccurate, incomplete or out of date.
8.2 We make every reasonable effort to display our products adequately, including their composition and colours. The colour you see will depend on your computer system and we cannot guarantee that your computer will display these colours accurately. The dimensions of an item shown on our site are only approximate values to give you an idea of the style or cut of a garment and are not a guarantee of the actual dimensions of the item you will receive. The final dimensions of an item may vary depending on the manufacturing material. If you are not satisfied with the item you have ordered, you can return it. Please see section 6 (Returns).
8.3 What happens when things go wrong? If an event occurs that is beyond our control and we are unable to reasonably overcome or foresee it, we will no longer have an obligation to perform our contract with you. Such an event may include government action or inaction, new legislation, labour law conflict, war or threat of war, serious public order disruption, sabotage, extreme weather conditions, fire, explosion, pandemic, epidemic, virus and natural disasters. If any of these events occur, we are not obliged to compensate you for any damages. Please note that you as a consumer always have the right to cancel your purchase in any such circumstances.
9. COMPLAINTS AND DISPUTE RESOLUTION
9.1 If you have a complaint about any of our products or services, please contact us first so we can assist you as quickly as possible.
9.2 We adhere to applicable local alternative dispute resolution mechanisms to resolve potential customer complaints.
9.3 Customers within the European Union may use the European Online Dispute Resolution platform for submitting complaints and resolving disputes online where applicable.
9.4 We adhere to applicable mandatory consumer protection legislation and do not intend to exclude or limit any rights you may have under these Terms.
10. PARTIAL UNENFORCEABILITY
If any provision of these Terms is held to be unenforceable for any reason, this shall not affect the enforceability of any other provision of these Terms.
11. COMPANY INFORMATION
Company Name: MOTIONIX
Address: Op den Hamel 38, 5912 HR, Venlo, Netherlands
KvK Number: 97716049
VAT Number: NL5052225815B01
Email: info@motionixofficial.com