The limited liability company Oncocare BV (hereinafter referred to as ‘Moksi’) is registered with the Belgian Crossroads Bank for Enterprises under number 0793.458.119 (RPM Mechelen) and its registered office is located at Auwegemvaart 151, bus 1, 2800 Mechelen.
Moksi is active in the sector of cosmetics. Its activities include, but are not limited to, the import, marketing and distribution of oncological cosmetic and includes several Products such as but not limited to (hereinafter referred to as the ‘Products’):
Https://www.moksi.care (hereinafter the “Website“) is the online sales site linked to Moksi. The purpose of the Website is to provide information to you the customer acting as a consumer (hereinafter referred to as the “Customer”) about all of the company’s activities and also offers the possibility of concluding online contracts.
Placing an order via Moksi’s Website implies that the Customer has consulted these Terms and Conditions and explicitly accepts their applicability to the exclusion of all other terms and conditions, unless they have been previously, explicitly and in writing accepted by Moksi.
These Terms and Conditions exclusively govern the contractual relationship between Moksi and any person wishing to contract with Moksi, such as Customers. Any derogation from these Terms and Conditions must be made in writing and accepted in advance by Moksi.
The Products available for sale on the Website are listed on the basis of information sent by the product manufacturer to Moksi.
The Products available for sale comply with current European legislation.
Moksi endeavors to provide information on the Website that is as accurate as possible. However, Moksi shall not be held liable for any omissions, inaccuracies or failure to update such information, whether caused by Moksi or by third-party partners supplying such information.
All information provided on the Website is given for information purposes only and is subject to change. Furthermore, the information on the Website is not exhaustive. It is subject to any changes that may have been made since it was put online.
Despite the fact that the online catalogue and the Website are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer are not binding on Moksi. Moksi is only bound to a best-efforts obligation as to the correctness and completeness of the information offered.
Under no circumstances will Moksi be liable for material errors, misprints or printing errors.
If the Customer has specific questions about e.g. sizes, colour, availability, delivery time or delivery method, we ask the Customer to contact our customer service department in advance. For example, the colour intensity of the Product may differ slightly from your article due to different lighting.
All prices indicated on the Website are expressed in euros (€) per unit of product and include all taxes (VAT included) but exclude shipping costs.
The price indicated in the order confirmation is the final price inclusive of all taxes (VAT included).
Moksi reserves the right to change its prices at any time, in particular when a legal price-determining factor gives rise to it. However, Products will be invoiced on the basis of the prices in force at the time orders are registered, subject to availability.
However, Moksi will not be bound by an order if it appears that the price indicated and/or the description of the Product(s) are incorrectly indicated on the Website as a result of a technical fault or human error. In this case, the Customer may, at his or her discretion, place the order again at the correct price or cancel the order free of charge.
The price stated refers exclusively to the articles as described word for word. The accompanying photos are for decorative purposes only and may contain elements that are not included in the price. Also not included in the price are surcharges such as the cost of delivery. These additional costs are always explicitly mentioned on the order form, i.e. before you place the order. Please read this carefully.
By confirming an order, the Customer agrees to our Terms and Conditions, prices and descriptions of Products. Moksi reserves the right to block an order if the delivery address is incorrect or if there are problems with payment. The order is accepted and confirmed by entering data on successive pages/screens:
1. Adding the chosen products to the shopping basket;
2. Confirming the shopping basket with the order;
3. Enter data + select delivery type;
4. Pre-purchase information;
5. Acceptance of these terms and conditions of sale;
6. Choosing and confirming a payment method.
By placing an order, the Customer acknowledges that he/she is legally capable and understands that he/she will be legally bound by it. Any order implies acceptance of the prices and description of the Products.
Upon receipt of the order, Moksi will send a confirmation message to the Customer confirming acceptance of the order to the e-mail address provided by the Customer. The sale is only concluded once the order confirmation has been sent.
Furthermore, Moksi reserves the right to refuse orders in the event of malfunctioning of the Website or suspicion of fraudulent behaviour or contravention of the conditions of use.
Moksi endeavours, to the best of its ability, to keep the availability of its Products up to date. However, due to increased demand or external circumstances (e.g.: pandemics, bankruptcy of a supplier), certain Products may be temporarily out of stock.
The offer is always valid while stocks last and can be modified or withdrawn by Moksi at any time. Moksi cannot be held liable for the unavailability of a product.
In the event that a Product is temporarily unavailable after an order has been placed, Moksi will inform the Customer and refund the amount of the Product(s) concerned to the account used by the Customer to place the order.
The order is payable by one of the means of payment offered on the site when the order is placed.
The Customer acknowledges that the payment service provider they choose is a third party in relation to Moksi.
Moksi cannot therefore be held responsible for any malfunctions, errors, bugs or business interruptions affecting the payment service provider.
6. Non-payment or disputes
Without prejudice to the exercise of any other rights available to Moksi, in the event that payment for the order has not been made at the time the order is placed and that full payment has not been made by the due date indicated on the invoice, the outstanding balance shall become immediately payable by Moksi by operation of law and without formal notice. This amount will automatically be increased by a fixed penalty of 10% of the outstanding amount.
In addition, any other sum still owed by the Customer (e.g.: loan, amount resulting from another order) will also automatically become payable.
Lastly, any order delivered by Moksi remains its full and exclusive property until full payment for the order has been received. It is therefore strictly forbidden for the Customer to dispose of it or use it.
Where there is a dispute relating to payment of the current order or a previous order, or to inappropriate or prohibited use of the Products ordered, Moksi reserves the right to cancel an order or temporarily suspend all current orders or to take back articles that have not been paid for (in full).
Once the order has been confirmed and payment for the transaction has been accepted, the Products will be dispatched to the delivery address indicated during the ordering process.
Delivery is made via our partner, an E-Commerce Fulfilment partner Shop We Do, which is responsible for the shipment of your order. The delivery to your home will be made by our logistics partner for Belgium, the Netherlands and Luxemburg who will choose which delivery service will deliver your order. If you are not present or if the parcel cannot be delivered, you will receive a pick-up notice which you can use to go to the post office or postal point in your neighbourhood.
In the event of an order for items that can be delivered on different dates depending on availability, Moksi reserves the right (but is not obliged) to split delivery. This does not give the Customer the right to cancel all or part of their order.
The Customer alone is responsible for any errors made by the Customer in entering the delivery address.
In the event of the Customer’s absence or of an error in the delivery address making delivery impossible, it is the Customer’s responsibility to agree a new delivery with the carrier. Any additional costs incurred in this way will be borne by the Customer.
If a parcel is not received despite several visits by the carrier, it will be returned to Moksi, without this giving the Customer any right to reimbursement.
The risks are transferred to the Customer upon delivery by the carrier.
Unless otherwise agreed, the Products will be delivered within 30 calendar days after receipt of the order at the address given by the Customer when placing the order. This delivery period is purely indicative as failure to meet the delivery period cannot give rise to any compensation on the part of Moksi as the delivery periods are given for information purposes only and without any obligation.
If Moksi does not deliver within the abovementioned delivery period or if no delivery date was agreed the Customer is entitled to abandon the purchase and receive a refund, unless the Product is on its way to the Customer.
8. Conformity on delivery
The Customer or recipient must check that the Product(s) delivered comply with the order and are in good condition.
The Customer is obliged to inspect the delivered goods upon receipt. In the event that one or more of the Products ordered are missing or visibly damaged, have qualitative shortcomings or do not correspond to the order, the Customer must notify Moksi within 7 calendar days upon receipt of the Product(s) via mail to firstname.lastname@example.org. Once this period has elapsed, any claim or dispute cannot be taken into account.
The Product and the request for exchange or reimbursement must be sent, together with all relevant information demonstrating that the disputed product(s) were indeed purchased from Moksi. The Customer must then return an incorrectly delivered or damaged good to the address of Moksi stating the defect.
The risk of loss or damage is transferred to the Customer as soon as the Customer has received physical possession of the goods.
9. Liability and warranty
A. Website, ordering and delivery process, quality of information
Moksi will use all reasonable means to ensure and maintain access to and navigation on its Website, the ordering and delivery process and the quality of the information available.
The Website and its content are provided “as is”, without warranty of any kind. Links to other sites on this site are provided for information purposes only.
B. Information provided on the site
Moksi makes every reasonable effort to ensure the reliability of the information contained on this Website. However, Moksi cannot be held responsible for the accuracy, completeness or veracity of information provided by its manufacturers or suppliers. It is not responsible for any errors or omissions in the presentation of the Products, or for any results that may be obtained by misusing them.
In the event of any discrepancy between the information given on the Website and that given on the Product labels, the latter shall prevail.
As the Product photos on the Website are provided for information purposes only, no claim may be made in respect of any modification to the container or content of a product in the event of a discrepancy with the photo available on the Website.
The Customer expressly waives any action against Moksi in the event of a discrepancy.
C. Use of the Products by the Customer
The Customer must, prior to any consumption of the Products, check the Product data indicated on the product labels (in particular contra-indications and allergens).
Moksi may under no circumstances, and in no way whatsoever, be held responsible for damage of any kind that may result from the malfunction or misuse of the Products sold.
Moksi cannot be held liable for changes made to the products by the manufacturers it was not aware of. Moksi can also not be held responsible for allergies or medical problems that may occur when using our beauty products as food supplements for the skin. If you have any questions, consult your doctor before using our products.
We recommend a ‘patch test’ on the arm or hands before using our products on your face on the rest of your body for the first time. Moksi has all the necessary certificates to market its cosmetic Products.
D. Limitation of liability
Except in the case of gross negligence or willful misconduct, Moksi’s liability shall in any event be limited to the amount of the order. Moksi shall not be held liable for indirect or consequential damages.
Under the Act of 21 September 2004 on the protection of consumers when selling consumer goods, the Customer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights. In order to invoke the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
The legal guarantee is never applicable to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or modifications to the Product, heavy-handed use, poor maintenance, or any other abnormal or incorrect use. It also does not apply to Products that have an intrinsic shorter lifespan.
Defects that become apparent after a period of 6 months following the date of purchase, or delivery if applicable, are not considered to be hidden defects, unless the Customer can prove otherwise. The guarantee is not transferable.
10. Force majeure
Moksi cannot be held responsible for the total or partial non-fulfilment of an order in the event of a stock shortage or force majeure. Force majeure is understood to mean any unforeseeable event beyond the control of the party invoking it, making it impossible or more difficult from a technical, economic or logistical point of view to perform any of its obligations (for example: pandemic, strike, natural disaster, accident or technical breakdown).
The parties shall bear, without charge or compensation of any kind, any case of force majeure resulting in or causing a maximum delay of 10 calendar days.
After this period, the Customer may either continue with the contract or request its cancellation.
11. Duty to advise
The health information and advice available on the site are in no way intended to replace the consultation of a doctor. In this respect, Moksi advises against any use of the Products sold on its site without prior medical consultation.
12. Use of Products
All Products ordered on the Website are intended for the personal use of the Customer or the recipient of the Products, who shall refrain from any partial or total resale of these Products.
The provisions of this article apply only to Customers who, in their capacity as consumers, purchase Products online from Moksi.
In application of the legislation on distance selling (Book VI, Title 3, Chapter 2, Article 47 and 48 of the Belgian Code of Economic Law), the Customer has the right to withdraw from his purchase without penalty and without giving any reason within a maximum period of 14 calendar days from the day following the day of delivery.
This withdrawal request may be made by sending an email to email@example.com or via postal mail by using the withdrawal form available in Annex I of these Terms and Conditions. The Customer may use the enclosed model withdrawal form for this purpose, but is not obliged to do so.
In accordance with article 48 of the Belgian Code of Economic Law, the right of withdrawal may not be exercised for among other the following relevant exceptions in the relationship between Moksi and Customer:
In view of the above, the right of withdrawal applies to our Products only in the following cases:
– before dispatch of the package, in all cases ;
– after the package has been dispatched and before the seals have been opened: in all cases insofar as hygiene measures allow the Product to be resold.
– after the package has been dispatched and the seals have been opened, only if there are one or more manufacturing defects.
The Products must be returned within 7 working days of notification of the decision to withdraw, in new and undamaged condition (with the delivery note), accompanied by any accessories (such as and including user manuals and documentation), to the following address:
To the attention of Shop We Do located at Egide Walschaertsstraat 22C, 2800 Mechelen
The Customer bears the direct costs of returning the product. If Moksi has not indicated that the Customer should bear these costs or if the trader indicates that the Customer should bear the costs himself, the Customer does not have to bear the cost of return.
The right of withdrawal may be refused in the event of depreciation of the goods resulting from handling other than that necessary to determine the nature, characteristics and operation of the Products.
Where the right of withdrawal is applied in accordance with the provisions of this article, Moksi will reimburse the Products ordered (after deduction of postage and return costs) within 14 working days.
If the returned Product has diminished in value in any way, Moksi reserves the right to hold the Customer liable and to claim compensation for any diminution in the value of the Product resulting from the Customer’s use of the Product beyond what is necessary to establish the nature, characteristics and operation of the Product.
14. Warranty against hidden defects
The Customer, insofar as he or she is a Customer within the meaning of the law, benefits from the two-year legal guarantee on the Products purchased, granted by virtue of the law of 1 September 2004 on guarantees for Customer goods. Beyond this period, any hidden defect must be reported to Moksi by registered letter, within 5 days of discovery of the defect.
In any event, the Customer is obliged to inform Moksi of the existence of a lack of conformity within a maximum of 2 months of its discovery (article 1641 Belgian Civil Code).
15. Relations with professionals
Unless expressly authorised by Moksi, the Products supplied by it may not be the subject of commercial redistribution. In such cases, a specific agreement must specify the nature and commercial terms between Moksi and the professional Customer.
In any event, the parties will work together in complete independence. Except where explicitly provided for contractually, the parties exclude the application of any employment, exclusive distribution or commercial agency relationship. For the sake of good order, the parties specify that there will be no relationship other than that specifically provided for in these conditions, supplemented if necessary by the commercial contract.
16. Confidentiality and business secrecy
The parties mutually undertake to maintain the confidential information obtained from the other party under these conditions.
Similarly, the parties acknowledge that any commercial information made available to them (list of suppliers, customers or prices) will be subject to the protection of business secrecy.
17. Intellectual property
The entire Website is protected by Belgian and international legislation on copyright and intellectual property.
Any use, reproduction or modification of material protected by intellectual property rights is subject to the prior authorisation of Moksi.
Moksi also uses on its site names, trademarks or other content whose intellectual property belongs to third parties. In such cases, Moksi has obtained permission to use such content from the third parties concerned. The inclusion, publication or distribution of such content in no way constitutes authorisation by Moksi in respect of third parties.
19. Processing of personal data
The use of the Website and the placing of orders with Moksi in general require the collection of personal data, which is essential for the processing and delivery of orders. Failure to provide this information will result in the order not being validated.
This data is processed in compliance with the General Data Protection Regulation (GDPR) 2016/679, as well as with the Belgian law of 30 June 2018 on the protection of personal data.
Moksi reserves the right to modify these Terms and Conditions at any time, without prior notice, provided that these modifications are published on its Website.
Any purchase made after the amendment implies acceptance by the Customer of these new Terms and Conditions.
If any clause of these Terms and Conditions is declared null and void by a court or any other authority, such a decision shall in no way affect the validity of the remaining clauses.
Moksi shall have the right to replace the cancelled clause with another, legally valid provision with equivalent economic effect, without affecting the binding nature of the Terms and Conditions.
The Customer accepts that electronic communications and back-ups can serve as proof.
22. Applicable law and disputes
The validity, interpretation and execution of these Terms and Conditions are subject to Belgian law.
Any question relating to the validity, interpretation, execution or non-performance of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Mechelen.
If the Customer has a problem with a purchase on our online marketplace, you can use the European Commission mediation platform available at https://ec.europa.eu/Customers/odr to use an alternative dispute resolution method by filing a complaint for out-of-court settlement.