Website Terms & Conditions V1.1 – September 2021
Last updated: 28/09/2021
1. Terms of Use
Access to and use of www.mwingz.be (“Website”) is provided by MWINGZ on the terms and conditions
set out below. By accessing and using the Website, you will be bound by these terms. Please note that
these terms are subject to change from time to time, so should be checked regularly. Continued use of
this Website will be deemed acceptance of the updated or amended terms and conditions.
2. Use of the Website
You acknowledge that you shall use the Website only for lawful purposes, for your own personal or
internal business use.
3. Copyright
All copyright, trademarks, design rights, patents and other intellectual property rights on this Website are vested in MWINGZ or its licensors. All copyright notices in any original materials must be retained. Except for information related to your personal data (e.g. information provided in contact forms), you grant MWINGZ a worldwide, non-exclusive, royalty free license to use, copy, reproduce, process, modify, publish, transmit and display any content that you submit on the Website for any purposes.This Website may not be modified, disassembled, decompiled or reverse engineered in any way. No partof the Website may be reproduced without our express permission.
4. Availability
While we strive to ensure that the availability of the Website remains high and maintain the continuity of the Website, the internet is not always a stable environment and we shall not be liable if, for whatever reason, the Website is unavailable at any time. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be held liable for any failure to provide or delay in us providing a service through this Website
resulting from any occurrence beyond our reasonable control including (without limitation) strikes, breakdown of systems or network access, fire, explosion or accident failure of any third-party telecommunications or service provider.
5. Permitted use
We hereby grant you permission to access and use our website, subject to the following conditions:
i. Not to distribute any part or parts of the Website, including but not limited to any website
content, in any medium without our prior authorization;
ii. Not to alter or modify any part of the Website;
iii. Not to disable or interfere with any security related features of the Website;
iv. Not to use Website in any way that is, or may be impacting user access to this Website;
v. Not use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriat Any breach of the above-mentioned conditions shall constitute a breach of the Website Terms Conditions
6. Breach of Website Terms & Conditions
If we consider that you have breached any of these Website acceptable use terms, we may take such
action that we consider appropriate including, but not to be limited to:
i. Issue a warning to you.
ii. Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.
iii. If you are a registered user immediate, temporary or permanent withdrawal of your right to use our site.
iv. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of these Website acceptable use terms. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
7. Disclaimers
Your access to and use of the Website is at your own risk. The Website is provided on an ‘as-is’ basis. MWINGZ makes no warranties, representations or undertakings about any of the content of this Website. Where appropriate, your statutory rights are not affected by these terms. In particular, MWINGZ takes all necessary measures to protect our users from any malware or bugs or other items of a destructive nature however MWINGZ cannot warrant that this Website is free of malware or bugs and other items of a destructive nature. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy requirements for the accuracy and security of the data input and output.
MWINGZ shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, its Website.
8. Links to and from Other Websites
In all cases where our website contains links to other websites and resources provided by third parties, these links are provided for your information only and do not represent an endorsement. We have no control over the contents of those websites or resources and, as such, make no warranties or assertions as to their content, nor does MWINGZ have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any third-party site infringes any- law or the rights of any person or is obscene, defamatory or scandalous).
9. Personal data
Should MWINGZ process your personal data, it will do so according to the General Data Protection Regulation (“GDPR”) and additional data protection laws.
10. Law and Jurisdiction
This agreement and any dispute arising out of it will be governed by Belgium law. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Belgium.
11. Contact Us
You can contact us at: gdpr@mwingz.be
General Terms & Conditions
Article 1 : Exclusive conditions
1.1. All MWingz orders are subject to a purchase order generated and numbered by MWingz. Any order placed on another medium can in no way bind MWingz.
1.2. Acceptance of a purchase order implies acceptance of these general conditions of purchase. The supplier explicitly renounces the application of his own terms and conditions of sale, unless there is an explicit written agreement to the contrary between the parties.
Article 2 : Description of the goods/services
2.1. The goods/services have to be delivered as indicated on the purchase order or the purchase confirmation.
2.2. MWingz does not accept any cancellation of modification hereof, unless previously agreed in writing.
Article 3 : Price
The price mentioned on the purchase order is binding on the Supplier. This price is DDP (“delivered duty paid”), fixed and non-revisable, unless otherwise explicitly agreed in writing between the parties.
Article 4 : Delivery
4.1. The supplier commits to delivering the goods/services within the agreed period and according to the conditions specified in the purchase order.
4.2. The goods/services will be delivered to the address indicated on the purchase order.
4.3. An indemnity of 2.5% of the price mentioned on the purchase order shall be due for each full week of delay in delivery, without the need for prior formal notice.
4.4. In case of late, defective or partial delivery, MWingz reserves the right to refuse the goods/services and to return the partially executed order, without being obliged to pay any compensation or additional costs.
4.5. Beyond 3 weeks of delay, MWingz can consider that the contract is cancelled at the expense of the supplier, without a prior formal notice being necessary and without being held to the payment of any compensation. In this case, the supplier will be liable to pay a fixed compensation of 15% of the price mentioned on this purchase order, without prejudice to MWingz’s right to claim additional damages.
Article 5 : No transfer of rights or obligations without prior permission
Unless explicitly agreed upon by MWingz in writing, the supplier may not assign his rights and obligations from contracts concluded with MWingz to third parties.
Article 6 : Payment
6.1. Payment is made after delivery, acceptance and final approval.
6.2. MWingz undertakes to pay the supplier’s invoices at 60 days NET, subject to compliance with the following conditions :
– the invoice mentions the purchase order number; and
– the invoice shall be accompanied by a copy of the purchase order with the original signature of the supplier marked “for agreement”; and
– the invoice shall be sent after receipt of the goods or services, unless explicitly agreed otherwise in writing between the parties
Article 7 : Defects
7.1. The goods or services delivered must meet the description given by the supplier prior to the date of the purchase order and must be fit for the purpose for which MWingz intends to use them.
7.2. The supplier undertakes to check the goods or services for defects upon delivery.
7.3. For a period of at least 24 months from the receipt of the goods or services by MWingz, the supplier warrants that the goods or services are free from defects in design, raw materials and workmanship, meet the specifications, drawings, examples and other descriptions provided to MWingz, and are fit for the purpose for which MWingz intended them.
7.4. If the goods or services do not meet the above conditions, the supplier undertakes to replace them at his own expense within 15 days after MWingz’s notice. Otherwise MWingz has the right – in addition to possible damages – either to have the necessary repairs or replacements carried out by a third party at the supplier’s expense or to return the goods at the supplier’s expense with a refund of any price paid by MWingz.
7.5. The supplier undertakes to compensate MWingz for any damage suffered and caused by the goods or services delivered. The supplier also undertakes to indemnify MWingz against all claims of third parties in connection with the delivered goods or services.
Article 8 : Applicable law and competent courts
8.1. These general purchase conditions as well as all agreements concluded with MWingz shall be governed by Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the 1964 Hague Formation Convention and the 1964 Hague Sales Convention.
8.2. For all disputes in connection with the interpretation of these general purchase conditions, or in connection with the execution, interpretation and termination of all agreements entered into with MWingz, only the courts of Brussels shall have jurisdiction.
Article 9 : Data Protection
The supplier, processing personal data and/or acting as data manager, undertakes to comply with all applicable data protection legislation, including but not limited to: the European Directive 2002/58/EC on privacy and electronic communications; Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) and any other regulations in force that may apply to personal data.
Article 10 : Confidentiality
10.1 The supplier undertakes to treat the information gathered through the cooperation as strictly confidential. The confidentiality clause shall continue to apply after the end of the cooperation.
10.2 The supplier undertakes not to disclose this information to third parties.
10.3 The supplier that receives confidential information can only use it for the purpose of the assignment.