Welcome to the MobeyeStore online shop. Please take a moment to read the following fundamental terms and conditions that apply to your usage and purchase of products from our website.
GENERAL TERMS AND CONDITIONS
General
You may purchase products by using this Site. We may from time to time change the terms that govern your use of our Site with effect for the future. Please read the terms carefully in advance of completing your purchase.
In these general terms and conditions the stated terms will have the following meaning:
a. MobeyeStore: affiliate of Mobeye B.V. (“Mobeye”);
b. Mobeye: the user of these general terms and conditions: Mobeye B.V., trading under the name of “Mobeye”, having its registered office at Poeldonkweg 5, ‘s-Hertogenbosch, the Netherlands, registered with the Chamber of Commerce under file reference number 17218489;
c. You: each natural or legal person that uses the Web Site and purchase from our Site;
d. Client, sometimes referred to as “you”: each natural or legal person who enters into an agreement with Mobeye;
e. Agreement: the agreement between the client and Mobeye.
Our communications to you
We will communicate with you electronically in a variety of ways, such as by email, text, or by posting email messages or communications on the internet shop. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, order confirmations, invoices, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
Pricing and availability and information
The prices displayed at the Site are quoted in EUR and in GBP inclusive of VAT (21%). Transport costs are charged to the client separately. These costs are stated in the Ordering & Delivery section.
All products listed on the Web Site are available, unless mentioned otherwise. However, due to mistakes or force majeure it could happen that you need to wait a bit longer until you receive the products. As we process your order, we will inform you by email about the exact shipment date. If any products you order turn out to be unavailable you will be informed and you will not be charged for those products. Payments already made will be refunded.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the internet shop, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
Information about the processing and application options of offered products, advices, guidelines, indications and other data is always provided according to best knowledge and/or insights, yet entirely free of obligation, unless explicitly agreed otherwise. No rights can be derived from this by the client and MobeyeStore cannot be held liable for any direct and/or indirect damage or loss arising from this.
All data and information provided by MobeyeStore on the suitability and application of the products are entirely free of obligation and do not discharge the client from his obligation to carry out his own inspections and tests (or to arrange for these).
The contract
After placing an electronical order to purchase a product from MobeyeStore, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirming to you that we’ve dispatched the product to you (the “Dispatch Confirmation”). You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation. This right to cancel does not apply to non-standard products and services, which are sourced or developed for you on special request.
Customs
When ordering products from MobeyeStore for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Mobeye, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Returns
If you are not completely satisfied with your MobeyeStore.com purchase, you may return it within 14 days. Please see our Return Policy for details.
Warranty
All Mobeye products have a warranty of 2 years after purchase.
The warranty is limited to the repair or replacement of parts or the product showing a defect during the warranty period, free of charge. MobeyeStore can only be held liable within the limits of these terms and conditions. As long as the customer has not paid the invoice amount in relation to the product for which the warranty is issued, or has not paid this amount in full, the client cannot claim under the warranty.
If a defect and/or damage to the product is the result of:
a. normal wear and tear;
b. improper use, use contrary to the user instructions or incorrect installation;
c. lack of or incorrect maintenance;
d. modifications or repairs carried out by the client or third parties;
e. fire, lightning, floods, natural disasters and explosions;
f. any government instruction with regard to the nature or quality of the applied materials,
the customer shall not be able to claim under the warranty.
The warranty lapses if original parts have been replaced by non-original parts.
Parts that are delivered and built into devices must be installed in accordance with the installation instructions that are included. Costs for building the device in or out, in order to carry out the repair, may be charged to the user.
The warranty only applies to products having the original serial numbers, unless otherwise agreed. If the serial numbers on the product have been changed, removed or are illegible, the warranty lapses.
Intellectual property and copyright law
You must fully and unconditionally respect all intellectual property rights on the products supplied by MobeyeStore. Without the prior written or electronic consent of Mobeye, the client is not allowed to copy, forward, distribute, reproduce, multiply or publish any information, texts, logos, marks, trade names, images etc. the intellectual property rights of which are vested in Mobeye and MobeyeStore.
Links to other Web Sites and services
To the extent that this Site contains links to outside services and resources, which MobeyeStore does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The following applies for every link: MobeyeStore cannot influence the content, design or availability of the linked website. The use of links which connect to outside websites lays in the sole responsibility of the user.
Our liability
We will do our utmost to ensure that availability of the MobeyeStore Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to MobeyeStore Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
MobeyeStore will not be responsible for
(i) losses that were not caused by any breach on our part, or
(ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or
(iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Site.
MobeyeStore cannot be held liable for damage or loss, regardless of the nature thereof, due to Mobeye acting upon incorrect and/or incomplete information provided by the client.
MobeyeStore cannot be held liable for any accidents with the product caused by e.g. incorrect or incompetent use.
MobeyeStore cannot be held liable for any damage or loss due to the user having failed to comply with any safety regulations and/or provisions in the use instructions.
MobeyeStore cannot be held liable in any way whatsoever for the loss of login or personal codes used by the user for any of the products or at any of the MobeyeStore or Mobeye sites.
MobeyeStore can never be held liable for losses or costs as a result of the misuse of login or personal codes.
MobeyeStore can in no case be held liable for damage or loss caused by the user using the product for purposes other than its intended purpose or as a result of the client not installing the product correctly. If the user or a third party modifies the product supplied by MobeyeStore, MobeyeStore excludes any liability with regard to any (consequential) damage or loss.
MobeyeStore can never be held liable for any damage or loss, regardless of the nature thereof, incurred by the user in relation to the (non-)performance of equipment, software and Internet connection of the user.
MobeyeStore can never be held liable for defects and/or breakdowns in services that are needed in order to use the goods and which are supplied by third parties such as, but not limited to, the Internet connection, mobile telecom network and the control room.
MobeyeStore aims to achieve online availability of its services 24 hours per day, 7 days per week, but may interrupt access for e.g. maintenance work, updating and/or other technical reasons. MobeyeStore cannot be held liable for damage or loss incurred by the client due to such interruptions, unless the interruption is unreasonably long. The user is aware of the fact that the Internet is not always a reliable facility for the transmission of and access to information and that breakdowns, delays and errors may occur in the online services at any given time.
MobeyeStore cannot be held liable for indirect damage or loss, including consequential damage or loss, lost profits, missed savings and losses due to business interruption.
MobeyeStore can never be held liable for any damage or loss due to death, injury, accidents, loss, damage or theft caused by the partial or non-performance of the product.
The restrictions detailed in these terms and conditions with regard to liability do not apply if the damage or loss can be attributed to intent or gross negligence on the part of MobeyeStore.
Retention of title
We retain title to the goods until receipt of all payments in full. As long as ownership of the products has not been transferred to the client, the client shall not be entitled to pledge these products or grant third parties any other rights thereto.
Miscellaneous
If any condition or part of these General Conditions and Terms should be or become invalid then this shall not affect the validity of the rest of the General Sales Conditions and Terms. The invalid provision shall be replaced by a valid provision which shall be as close as possible to the spirit and purpose of the lapsed provision. The same applies in case of a regulatory gap.
MobeyeStore will at all times try to resolve complaints properly, in direct communication with the customer. All agreements between MobeyeStore and the client are governed by Dutch law. Any disputes with regard to agreements between the client and MobeyeStore are submitted to the competent court of the court district where MobeyeStore has its place of business. For consumers it is possible to report a dispute to the disputes committee of the European Union. The platform can be reached via the following link: http://ec.europa.eu/odr.
MobeyeStore
Poeldonkweg 5
5216 JX ‘s-Hertogenbosch
The Netherlands
Registered with the Chamber of Commerce under file reference number 17218489
