RIGHT OF WITHDRAWAL (Applicable to consumers only)
Customers who are consumers are informed that they have the right to withdraw from any distance selling contract concluded with MS EUROPE within 14 days from the day on which the consumer or a third party other than the carrier takes physical possession of the goods in question. In the case of delivery of a batch of goods, the time limit begins to run when the consumer or a third party other than the carrier takes physical possession of the last item. In the case of regular delivery of goods over a defined period of time, the period begins when the consumer or a third party other than the carrier takes physical possession of the first goods.
The procedures for exercising this right of withdrawal are detailed in article 10 of these terms and conditions.
The attention of customers who are consumers is expressly drawn to the fact that they are invited to use the withdrawal form available on our website, that they will have to bear the direct costs incurred by returning the goods and that they will lose the benefit of the right of withdrawal mentioned in the following cases:
– For products sold with a subscription: as soon as the subscription in question has been registered at the customer’s request, the product becomes clearly personalized.
– For products to be installed on a vehicle: as soon as the product has been installed on a vehicle, it becomes clearly customized for that vehicle.
MSE GENERAL TERMS AND CONDITIONS OF SALE (version applicable from February 1, 2024)
1. Definitions
Under the terms of these General Terms and Conditions of Sale (abbreviated to “GTCS”) :
1.1. “Good”: Any movable good that is not off the market.
1.2. “Customers: Cover both :
– “Consumers”, i.e. natural persons who acquire a good from MSE for purposes which do not fall within the scope of their commercial, industrial, craft or liberal activity; that
– “Professionals”, i.e. natural or legal persons who acquire a good from MSE as part of the sustainable pursuit of their economic activity.
1.3. “Contract”: agreement on the sale of goods and services concluded between the Customer and MSE.
1.4. “General Terms of Service” (abbreviated: “GTS”): MSE’s General Terms and Conditions of Service, applicable to service contracts, and in particular to telematic or geolocation services.
1.5. “Confidential Information”: Any information or data (technical or otherwise) and any know-how, regardless of form, format or medium, which relates to MSE’s activities, services or products and which the latter makes available to the Customer within the framework of the Contract.
1.6. “Force majeure”: Any circumstances beyond MSE’s reasonable control which it could not reasonably foresee in their occurrence or consequences and which prevent it from properly performing its obligations to the Customer.
1.7. “Meta System” means Meta System S.p.A., a company incorporated under Italian law, having its registered office in Italy at Via T. Galimberti 5, 42124 Reggio Emilia. Galimberti 5, 42124 Reggio Emilia, registered under number 00271730350 – N°R.E.A.120639, reachable at dpo@metasystem.it / privacy@metasystem.it.
1.8. “Phonocar” means Phonocar S.p.A., a company incorporated under Italian law, having its registered office in Italy, Via F.lli Cervi, 167c – 42124 Reggio Emilia (RE), registered under the number 00421600354, which can be reached at the e-mail address info@phonocar.be.
1.9. “MSE”: Mobile Systems Europe S.R.L., a company offering geolocation products and services for sale, having its registered office at Boulevard du Jubilé 71 bte 3, B-1080 Brussels, registered with the B.C.E. under number 0879.633.414, Tel. Phone number : +32 (0)2 223 08 63, e-mail : info@mseurope.be / Bank account number : BE86 0014 8134 0550 / Insurance company : AG Insurance / nr. From the police: 99578477.
1.10. “Party”: MSE or the Customer (together the “Parties”).
2. Acceptance of terms and conditions and formation of contract
2.1. By the mere fact of ordering goods (orally, by telephone, fax or e-mail, or in any other way), accepting an offer from MSE, paying an invoice or receiving goods delivered by MSE, the Customer acknowledges having read and agreed to these general terms and conditions of sale and waives the right to invoke his own general terms and conditions.
2.2. When ordering goods, the customer commits himself to MSE in writing, by fax or e-mail. No cancellations will be accepted for orders that have already entered the production process.
2.3. In the event of a prior offer from MSE, the Contract is concluded when the Customer accepts the offer.
2.4. In the absence of a prior offer from MSE, the contract is concluded upon acceptance of the Customer’s order by MSE. This acceptance may be tacit and derive from the delivery of the goods requested. In the event of tacit acceptance, the present terms and conditions shall continue to apply.
2.5. The person placing the order is assumed to be authorized to do so. It is always jointly and severally liable for payment of the invoice relating to the order.
2.6. MSE’s website, catalogs or other advertising or promotional material do not constitute a definitive offer. The characteristics of the goods offered may be modified by MSE without notice. MSE can also stop the sale of a property.
2.7. In the case of special offers for several goods or services, ordering part of these goods or services does not entitle the customer to benefit from the special offer. The goods and/or services are then supplied at the rates in force when the order is registered.
3. Scope of general terms and conditions
3.1. These general terms and conditions of sale apply to Contracts concluded between MSE and the Customer. They are concluded as part of, and form an integral part of, the Contract between MSE and the Customer.
3.2. MSE’s general terms and conditions of service apply to service contracts.
3.3. When an order or offer is accepted for the sale of goods and the provision of services at the same time, it should be considered as resulting in two contracts: a sales contract, governed by the general terms and conditions of sale, and a service contract, governed by the general terms and conditions of service. If this approach proves impossible, with the result that there is only one contract with both sales and service aspects, then the general terms and conditions of sale will apply to the sales aspects and the general terms and conditions of service to the service aspects. In the event of doubt as to whether any aspect of such a contract is a sale or a service, the application of the general conditions of service will be preferred.
3.4. These GTC exclude the application of any conditions mentioned in documents issued by the Customer and/or third parties, even if these documents are dated later.
3.5. The parties may have agreed special conditions in writing. In the event of any contradiction between these GTC and such special conditions, the special conditions shall prevail.
3.6. The fact that MSE does not avail itself at a given time of the present general conditions and/or of a breach by the other party can in no way be interpreted as a waiver of the right to avail itself of them at a later date.
4. Rates
4.1. The prices expressed in MSE’s offers, in its catalog and on its website are in euros excluding VAT (except on the store intended for the consumer where the prices are indicated inclusive of VAT (21%), where applicable with Recupel, Bebat and other environmental taxes, unless otherwise stated).
4.2. Prices do not include shipping and/or delivery costs or other administrative charges. We inform you of the details of these costs on our website (where the price of transport is displayed in the shopping basket as soon as the delivery address is entered) or, if necessary, on request.
4.3. MSE reserves the right to contact the customer with a view to revising the price if the price of one of the components or materials involved in the goods ordered has risen significantly between the date of the order and the date on which the product is ready to be delivered to the customer or to the carrier. A significant increase means a variation of at least 5% in the price of the component in question. In this case, either the parties will agree on a new price, or MSE may refuse to sell the property at the initial price, with the consequence that the sales contract that would have been concluded will be considered automatically terminated, without the intervention of the Judge and without any compensation being due on either side.
4.4. It may happen that the price mentioned as an indication, on the website or in other communications from MSE, is incorrect as a result of an error. If this is the case, MSE may decide to contact you with the correct price in order to correct the error and refuse to sell you the property at the incorrect price, without any compensation being due on either side.
4.5. Promotions and special offers are only valid while stocks last.
4.6. In the event that MSE incurs expenses, it will inform the customer and provide him with the supporting documents and the corresponding invoice on request. The customer may then pay the amounts due in euros.
4.7. The methods of payment accepted by MSE are those offered by the online store and vary according to the customer’s profile. Additional charges may apply to certain payment methods. If this is the case, it will be indicated during the payment process.
4.8. MSE may refuse orders or reservations, in particular, in the following cases:
– there is a suspicion of bad faith or intent to defraud;
– there is a suspicion of abuse of the right of withdrawal;
– there are suspicions of abuse or fraud on the part of a Customer
– the data provided by the Customer appears to be incorrect, suspicious or false;
– an abnormal quantity seems to have been ordered – possibly in several purchase orders
– there is a case of force majeure as defined in article 9.1
5. Customer’s obligations
5.1. The Customer expressly waives any possibility of offsetting amounts due to MSE against any claim whatsoever. The customer is solely responsible for payment of all sums due under the contract.
5.2. MSE’s invoices are payable to MSE’s head office address within 7 days net (from the date the invoice is sent). The date of receipt of the invoice cannot be used as a pretext for postponing the due date. Unless otherwise agreed, these invoices are payable in cash, without discount or payment terms.
5.3. Invoices must be contested by registered mail within 8 days of dispatch. In the absence of any dispute within this period, the invoice will be deemed tacitly accepted by the Customer.
5.4. It is expressly agreed that, unless an extension is requested in good time and granted by MSE in a specific written form, total or partial non-payment by the due date of any sum due under the contract shall entail, ipso jure, without prior formal notice, and without prejudice to article 14, the immediate payment of all sums remaining due by the Customer under the contract, whatever the method of payment provided for.
5.5. Total or partial non-payment on the due date of any sum due under the contract will, without prior formal notice and without prejudice to the possible application of article 14, result in the suspension of the delivery of goods to the Customer.
5.6. In the event of non-payment of an invoice on its due date, the Customer shall be liable to pay interest at the conventional rate of 1% per month, as well as a flat-rate penalty of 15%, with a minimum of 200 euros, ipso jure and without prior notice. This interest will be calculated on a month-to-month basis from the due date, with each month commenced being considered a full month.
5.7. MSE reserves, until full payment of the sums due by the Customer, in principal and accessories, costs and taxes included, a full and complete right of ownership on the goods delivered (including computer applications or programs), allowing it to repossess these goods, and this whatever the date of delivery, it being understood that the risk of loss, theft or damage to the goods is transferred to the Customer as soon as the good ceases to be in the possession of MSE.
5.8. The Customer undertakes to comply with all applicable laws and regulations, in particular those relating to information technology.
5.9. The Customer expressly authorizes MSE to subcontract all or part of the contract.
6. Delivery
6.1. Delivery times apply from the date of availability at MSE’s premises and are given for information only. Any delays that may occur shall not under any circumstances justify cancellation of the order, refusal to accept delivery of the goods or non-payment of the invoice, nor give rise to the application of penalties or payment of compensation by MSE.
6.2. Any customs duties or local taxes are the exclusive responsibility of the Customer, unless expressly stated otherwise.
6.3. Transport, by whatever means, is carried out at the risk and peril of the consignee, who must, before taking delivery of the goods, ensure that there is no damage or shortage, and if necessary, notify the carrier in writing of any reservations, who is solely responsible. Goods delivered to a third party are delivered under the full responsibility of the customer.
6.4. MSE cannot be held responsible for any damage to the package or its contents during transport.
7. Privacy
7.1. As long as Confidential Information is not put into the public domain by MSE, and without limitation in time, the Customer undertakes to ensure and maintain the confidentiality of Confidential Information.
In particular, the Customer shall refrain from communicating Confidential Information to third parties in any way whatsoever, except :
– to the extent that such disclosure is necessary for the performance of its obligations under the Agreement and provided that such third parties agree to be bound by confidentiality obligations equal in scope to those contained in the TOS for all Confidential Information so disclosed; or
– insofar as it concerns a communication required by the applicable regulations and/or by an authority, subject to prior information of MSE, in order to allow the Customer respectively to object to such communication, unless such information is not permitted by the applicable regulations.
7.2. The Customer undertakes to use the Confidential Information only for the purpose for which it was received and shall ensure that its personnel are bound by an obligation of confidentiality equal in scope to that contained in this provision.
7.3. Any Confidential Information received by the Customer, in any format, medium or form whatsoever (including documents, e-mails and other storage media), is and remains the property of MSE.
8. Claims, warranty and limitation of liability
8.1. In the performance of the contract, MSE is only bound by an obligation of means. Except in the case of wilful misconduct or gross negligence, MSE is exempt from all liability to the Customer for any damage, direct or indirect, caused by a fault on the part of the company or on the part of one of its employees or trainees. He is liable only in the event of gross negligence or fraud.
The products sold correspond to specific standards and should therefore in principle be compatible with vehicles. Consequently, in the event of a problem encountered by the vehicle after the installation of one of our products, it will be up to the customer to demonstrate that this problem does not stem from a cause other than our product, by contacting us if necessary to determine with us whether recourse to an amicable contradictory expertise is useful in his case.
8.2. Without prejudice to the right of withdrawal provided to consumers within the limits set out in article 10 hereof, for any claim, the customer must notify MSE by registered mail within 8 days of the goods leaving our logistics center, and put MSE in a position to make any useful observation. Acceptance of the products will be irrevocably presumed to have been tacitly given by the Customer at the end of this period.
8.3. Any compensation payable by MSE in the event of its liability being incurred shall be limited to direct, personal and certain loss, to the express exclusion of any indirect loss. Under no circumstances may MSE be held liable for indirect damages, i.e. all those which do not result directly and exclusively from the fact or defect giving rise to liability, such as, in particular, commercial prejudice, loss of earnings, loss of sales, loss of orders, damage to brand image, commercial disturbance of any kind.
8.4. Under no circumstances shall any compensation owed by MSE exceed the sums paid by the customer for the product for which MSE is liable, up to the amount invoiced for the defective goods.
8.5. The customer’s attention is drawn to the fact that the existence of a compatible telecommunications network is essential for the operation of some of our products. It is the customer’s responsibility to find out whether such a network exists in the territory where he or she wishes to use the product in question. In case of doubt, please contact MSE. Furthermore, MSE shall not be liable to the Customer for any damage resulting from the introduction of a computer virus affecting the correct operation of the product, from the migration of the application to a different hardware or software environment, or from modifications made to the software components of the product by anyone other than MSE, interruption of product operation or defect due to the non-functioning of the telephone or Internet network, incorrect installation of equipment, legal provisions restricting the service or the use made of it by the customer, force majeure as defined in article 9 or fortuitous events such as the actions of third parties. MSE declines all responsibility if a good or product delivered does not comply with the legislation of the country of delivery.
8.6. Without prejudice to what is stated below concerning the warranty and in article 10 concerning the right of withdrawal, this contract includes the stipulation referred to in article 1643 of the French Civil Code, according to which MSE, in its capacity as seller, will not be bound by the warranty for hidden defects of which it was unaware.
8.7. With the exception of the lifetime warranty provided for in point 8.7.4, MSE, as a reseller, does not itself guarantee the products sold, but assumes, as an intermediary for the manufacturers, the warranty against defects in conformity of the goods sold. The warranty periods are as follows:
8.7.1. All products purchased from MSE are subject to the 2-year legal warranty provided by the manufacturer,
8.7.2. Meta System offers a 3-year conformity warranty on all its products from the date of your purchase invoice,
8.7.3. For Phonocar products, MSE offers a 3-year conformity warranty from the date of your purchase invoice,
8.7.4. Telematics products are offered by MSE with a limited lifetime compliance warranty to the first owner of the product.
8.8. In the event of a defect, MSE must be notified in writing of the defect within 2 months of the date on which the defect was discovered by the customer.
Watch out! What is not covered by the warranty includes (but is not limited to) :
– defects caused by incorrect or abnormal use or any other use not in accordance with the instructions supplied with the product;
– defects caused by external causes after the product has been delivered to you.
8.9. Within the scope of the warranty, MSE, as a dealer, will use its best efforts to ensure that a defective product is repaired as soon as possible or – if repair is not possible – replaced, after examination of the product in question.
8.10. Most problems can be solved by simply contacting us. If you are considering a warranty replacement, please contact us at helpdesk@mseurope.be so that we can help you. If, after this initial contact, we conclude that a warranty replacement is necessary, we will provide you with a warranty return form and address so that you can return the product to us. Goods must reach MSE properly packaged so as not to deteriorate during transit, and travel in all circumstances at the sender’s expense and risk. They must be duly accompanied by the customer’s proof of purchase (sales invoice).
8.11. Where the warranty applies, the cost of returning repaired goods will be borne by MSE.
9. Force majeure
9.1. MSE shall not be liable if the performance of any of its obligations is prevented, limited, disrupted or delayed by force majeure, defined as any circumstance beyond the reasonable control of MSE and which it could not reasonably foresee in its occurrence or consequences and which prevents it from properly performing its obligations to the Customer. Events such as fire, explosion, failure, incompatibility or evolution of transmission networks, collapse of installations, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, strike or boycott shall constitute force majeure for the purposes hereof (non-exhaustive list).
9.2. MSE shall not be liable for the total or partial non-performance, or the total or partial suspension of performance, of any of its obligations if it proves that the burden of performance of this obligation is aggravated by the occurrence of an unforeseeable event beyond its control, which it could not reasonably have been expected to take into consideration at the time the contract was concluded.
9.3. Quantities ready for delivery at the time of the occurrence of a case of force majeure within the meaning of article 9.1 or an unforeseeable event within the meaning of article 9.2 must be accepted by the Customer.
9.4. In the event that the event of force majeure within the meaning of article 9.1 lasts for more than two (2) months, either Party may terminate the Contract by e-mail, without this entitling the other Party to claim any compensation whatsoever.
10. How to exercise the right of withdrawal – Applicable to consumers only
10.1. In the event of withdrawal, the consumer must inform MSE of his decision to withdraw from the contract, before the 14-calendar-day withdrawal period expires, by sending an unambiguous declaration clearly stating his decision to withdraw from the contract by e-mail or post. A return authorization specifying the address and authorization number is required.
10.2. A product must be returned complete, in its original condition and, if reasonably possible, in its original packaging. Unwrapped because once opened, no longer saleable for us
10.3. If your purchase consists of a joint offer / lot / pack, the return notification applies to all products in the joint offer / lot / pack.
10.4. The consumer bears the burden of proof for his or her decision to withdraw.
10.5. Returned goods may not be damaged or show signs of use.
11. Processing of personal data
11.1. The processing of personal data by MSE and, in certain circumstances, is explained in the MSE Privacy Policy, appended to the GTCS. MSE’s Privacy Policy is an integral part of the agreement between the Customer and MSE.
11.2. The Customer remains responsible for its obligations under the General Data Protection Regulation (EU) 2016/679. Depending on the circumstances, the Customer may be considered to be responsible for User / contact person data as well as for geolocation data. In particular, when the Customer has a Beacon installed on a vehicle and contracts the Services for the benefit of a User/contact person, the Customer is responsible for ensuring the legal basis for the processing of personal data and more particularly, if applicable, the consent of the person concerned.
12. Intellectual property
The texts, names, logos, layouts, illustrations and other elements relating to the Services appearing on the MSE website / in the commercial documentation are protected by any intellectual property rights that may apply. All these elements are the property of MSE and/or a third party from whom MSE has obtained the necessary authorizations. Any reproduction, in whole or in part, by any process whatsoever, without the prior written permission of MSE is unlawful and constitutes an infringement giving rise to civil and criminal penalties. Any such request should be sent to MSE by e-mail to the following address: info@mseurope.be.
13. Complaints and alternative dispute resolution
13.1. For any complaint, the Customer may contact the MSE Customer Service (Telephone: +32 (0)2 223 08 63 // E-mail: metatrak@mseurope.be/ Postal address: Chaussée de Bruxelles 135A bte 3, B-1310 La Hulpe (Belgium).
13.2 If the Consumer has already tried to settle the dispute directly with MSE without reaching a solution, the Consumer may submit the dispute or a complaint to the independent service of the ASBL Service de Médiation pour le Consommateur (BCE 0553.755.479). Boulevard du Roi Albert II 8 Bte 1 – 1000 Brussels (Tel.: 02/702.52.20 / Fax: 02/808.71.29 / Mail: contact@mediationconsommateur.be / https://www.mediationconsommateur.be/fr).
13.3. In the event of a complaint concerning a contract concluded online (if applicable), the Consumer may also contact the Online Dispute Resolution Platform developed at European level in order to attempt to resolve the dispute with MSE extra-judicially: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
14. Express resolutory clause
14.1. MSE has the right to terminate the contract without having to ask the judge for resolution, without prior notice, and without compensation to the Customer, in the following cases: (i) if the Customer remains in default of fulfilling (correctly and on time) one or more obligations arising from the contract, and this despite a formal notice granting him a period of 7 calendar days to remedy this default; (ii) in the event of suspension of payments, initiation of bankruptcy proceedings or bankruptcy of the Customer ; (iii) in the event of liquidation or termination of the Customer’s business ; (iv) in the event of a change of control of the Customer (legal entity) ; (v) if part or all of the Customer’s assets are seized; (vi) if MSE has serious reasons to doubt the Customer’s ability to perform its obligations; (vii) if the Customer fails to comply with these terms and conditions; (viii) if the Customer does not comply with the instructions relating to the use of applications hosted on the MSE server platform; (ix) if the Customer engages in any activity on MSE’s servers that may give rise to civil or criminal liability on the part of the company or infringe the rights of a third party; (x) if the Customer hosts content on MSE’s servers that may involve the company’s civil or criminal liability or infringe the rights of a third party, (xi) if the Customer fails to pay the deposit mentioned in the offer; or (xii) if the performance of any of the company’s obligations is prevented, limited or disrupted for more than 7 calendar days by a case of force majeure as referred to in article 9.1 or by an unforeseeable event as referred to in article 9.2.
14.2. In the event of the application of article 14.1 or judicial termination of the contract, MSE is entitled to demand the return of goods already delivered but not paid for.
14.3. In the event of the application of article 14.1 or judicial termination of the contract, compensation for costs, interest and damages incurred shall be payable by the Customer to MSE. This indemnity consists, at MSE’s option, either of a flat-rate indemnity equal to 25% of the amount of outstanding orders when the contract is terminated, or of an indemnity equivalent to the cost of repairing all the damage suffered by MSE.
14.4. The Customer authorizes MSE to set off any sums already paid by the Customer against the compensation referred to in article 14.3.
14.5. If MSE terminates the contract in accordance with article 14.1, all of MSE’s claims against the Customer become immediately due and payable by operation of law.
15. Contract amendment – nullity of a clause
15.1. Any clause derogating from or supplementing the present contract shall only be enforceable against MSE if confirmed in writing by MSE, and only for the contract for which it has been approved. For all other contracts, the present terms and conditions of sale shall apply.
15.2. The nullity of one of the clauses of these general terms and conditions of sale, in particular in application of a law, a regulation, or following a court decision which has become res judicata, shall not entail the nullity of the other clauses, which shall retain their full effect and scope.
Should any provision of these GTC be declared invalid or unenforceable, the Parties agree that the remaining provisions of these GTC shall survive, unless the invalid provision is an essential provision and the GTC cannot be amended in good faith to preserve or restore the balance of the Parties’ rights and obligations. The Parties undertake to negotiate in good faith in order to replace the annulled provision by a new provision as close as possible to the spirit of the annulled provision.
16. Proof
Between the Parties, interactions, operations on the network, electronic communications, connections and other electronic manipulations may be proven by means of .log files, e-mails and transaction files, which may be stored by MSE on electronic media. The customer accepts the evidential value of such data. This possibility of proof does not prevent the Parties from using any other means of proof authorized by law.
17. Interpretation
In the event of any doubt as to the interpretation to be given to these GCS, the French version shall prevail over any other language version.
18. Applicable law and competent courts
18.1. These GTC and the formation, performance and interpretation of the Contract are governed by Belgian law.
18.2. Any dispute between the Parties relating to the formation, performance and interpretation of these GTS and the Contract that is not resolved amicably shall be subject to the exclusive jurisdiction of the French-speaking courts of Brussels.
