General sales terms and conditions

MLS NV
Ringlaan 7, 8930 Menen, Belgium
info@mls.be 
+32 56 53 11 33
VAT BE 0429 447 902
RPR Ghent, Courtray division

The e-commerce website of MLS, a NV with its registered office at Ringlaan 7 – B-8930 Menen, VAT BE 0429 447 902, RPR Courtray (hereinafter ‘MLS NV’) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of MLS NV, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by MLS NV. 

All prices listed are expressed in EURO, always exclude VAT and all other required duties or taxes that the Customer must bear. 

Any shipping, reservation or administration fees that are charged are specified on the website of MLS NV.

Prices are binding, but we maintain the right to review price agreements in case of extreme fluctuations due to circumstances beyond our control. 

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Even though the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date.
Obvious mistakes or errors in the product selection are not binding for MLS NV. With respect to the accuracy and completeness of the provided information, MLS NV is solely bound to obligation of means. MLS NV is in no way liable in event of obvious material or printing errors. 

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance. 

The product selection is valid while stocks last and may at any time be changed or withdrawn by MLS NV. MLS NV cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer. 

Our order procedure:
Only logged in customers can place on order in the webshop. The Customer may request his login details from the MLS NV Customer Care Service.
After adding products to the shopping cart, the Customer can place an order in the webshop.
There are several ways to add products to the shopping cart: 

When all the desired products are added to the shopping cart, the Customer can place the order.
By clicking the shopping cart icon at the top right, the Customer goes to the shopping cart where he will find the “Place Order” button.
The following screen requests the Customer to select a valid billing and shipping address. The field “Customer reference” is a required field. Any remarks may be entered in the “Remarks” field.
For “Shipping type”, the default shipping method that applies to the Customer is automatically selected but this can also be changed.
If the Customer wants his order delivered later, he can check “Postponed Delivery” and choose a date.
To place the order, the Customer must agree to the ‘General sales terms and conditions’. The Customer checks “I have read and accepted the Terms and Conditions” and by clicking the “Confirm” button, the order is placed and forwarded to MLS NV.
The Customer sees a confirmation on the screen and receives a confirmation by email. 

The order is sent to MLS NV electronically but before we can proceed to delivery, the order must be approved by a regional manager of MLS NV.
The regional manager checks the order (considering prior orders, agreements made, etc.) and contacts the Customer if any changes were to occur.

If the Customer finds a mistake in the order placed, he or she must contact MLS NV as soon as possible so the order can be adjusted. 

The Customer receives an invoice for the order.

MLS NV is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders. 

All deliveries and services of goods shall be received and accepted at our warehouses. The buyer will be presumed by law to have accepted and verified the conformity and visible defaults of the goods. Complaints regarding the nature, quality, appearance or packaging of the goods sent by the seller, must be reported within 5 calendar days after delivery. Any complaints concerning invoices are to be made in writing to MLS NV within 14 calendar days after the invoice date with specification of the date and invoice number. A cancellation of an order has always to be expressly by MLS NV. If an invoice must be re-established – due to an administrative modification on request of the customer – we might charge administrative costs of the amount of 25 €. 

All risks and costs regarding the transport are for the buyer’s account, even if executed franco and by our own services. Return of the goods may only take place following the written approval of MLS NV. 

Even if a set delivery deadline has been agreed in writing, delivery terms stated by MLS NV are merely approximate and not binding. The failure to meet the deadline cannot be regarded as a reason to terminate the contract, nor a reason to demand compensation.
MLS NV is entitled to suspend the performance of the agreement, in case of partial payment of earlier orders. In case of force majeure MLS NV is entitled to refuse the execution of the contract or part thereof and is entitled to suspend the performance of the agreement temporarily without any compensation.
The following are explicitly regarded as examples of force majeure (the list is not exhaustive): threat of war, war, strike, lock-out, disruptions of transport services, disruptions of the (data)network, measures announced by governments, the shortage of raw material, natural disasters, fire, also any other circumstance because of which performance of the agreement can no longer reasonably be required by the other party.
Upon the occurrence of any event of force majeure, MLS NV is entitled to charge separately the deliverable or the delivered part when it already executed its obligations or part thereof. The buyer is obliged to pay the invoice as if it was a separate contract. 

MLS NV customer service can be reached at phone number +32 (0)56 53 11 33, via e-mail at info@mls.be or by mail at the following address Ringlaan 7, B-8930 Menen. Any complaints can be made through the customer services contact methods.

All payments are to be made in cash to our registered office, without any discount. All costs incurred are for the buyer’s account.
Any invoiced amount remaining outstanding on its due date will be increased by law and without prior notice of default by late-payment interest in accordance with the interest-rate prevailing under the Law of 02/08/2002 relating to combating payment arrears in commercial transactions.

In case of complete or partial non-payment of the amount due on the expiry date, without serious reasons and after serving notice upon the buyer, the amount due shall be increased by 12% on the total invoice amount by law and without prior written notice of default, with a minimum of € 125 and a maximum of € 2500 even if terms of respite are given. 

In case of protest from non-payment of an invoice on its due date shall automatically and without prior formal notice all too suddenly expired invoices immediately due and payable. 

In case of non-payment of the invoice on the appointed due date, we will consider the sale to be resolved by law within 8 calendar days after the unsuccessful reminder sent by registered letter.
In all cases where the contract is resolved at the buyer’s expense, a lump sum of 20 % of the value of the complete contract with a minimum of € 50 shall be due by the buyer.
Until payment of the invoices, the products delivered shall remain the property of MLS NV. All risks to which the goods are exposed shall pass to the buyer upon delivery. The buyer is obliged to mention this retention of title in his listings. At first request, in case the goods are resold or replaced, the buyer shall transfer to us the claim or part thereof for the remaining sums. If the buyer doesn’t carry out this request, we are authorized to suspend the performance of the agreement. 

Professional electric and electronic appliances.
To execute the recycling obligation, MLS NV joins RECUPEL and therefore pays an administrative contribution.
A RECUPEL contribution for the collecting and processing of professional electric and electronic appliances is charged when the appliances, forming the object of the order, as well as the appliances replaced by them are eliminated. To respect the applicable law, the client can make an appeal to an operator who negotiated a Charter with RECUPEL (www.recupel.be). If requested by the client, MLS NV can contact the operator for an offer.

The data controller, MLS NV, respects the Belgian law of 8 December 1992 and the European regulation of 25 May 2018 (EU Directive 95/46/EC) also known as GDPR with regard to the protection of private life in the processing of personal data. 

The personal data provided by you will only be used for the following purposes: our customer management, order processing, sending newsletters and to keep you informed of our activities. If we wish to use your data for other purposes, you will always be asked to do so. 

You have a statutory right to inspect, correct or remove data (where this is not required by law) from your personal data. This application must be sent to MLS NV – Ringlaan 7, 8930 Menen, Belgium – privacy@mls.be.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
It is the Customer’s responsibility to keep his login data confidential and to use his password. Your password is stored in encrypted form, so MLS NV does not have access to your password. MLS NV saves online (anonymous) visitor statistics in order to be able to see which pages of the website are visited and to what extent. 

If you have any questions about this privacy statement, please contact us at privacy@mls.be. 

When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device. 

This website uses “First-party cookies” (= technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits) and “Third party cookies” (= cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website). 

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications. 

If you use our website, you agree to the use of cookies. 

These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of MLS NV. In case of inconsistencies, the present Terms take precedence. 

The Customer accepts that electronic communications and backups shall serve as furnishing of proof. 

All disputes between the parties shall be decided by the competent court in the district of Courtray (Belgium), even in summary procedures.
The acceptance of a bill of exchange doesn’t change this competence.
All agreements between the parties shall be governed by the Belgian laws.
The Dutch text of the General Conditions of Sale shall always override in case of dispute.