Terms and Conditions | Mobilestock BV

Clause 1: General

1. These Terms and Conditions apply to all agreements, offers, and other legal relationships between Mobilestock and another party operating as a business (hereinafter referred to as "the other party"), unless otherwise agreed in writing.
2. The applicability of general terms and conditions or purchasing conditions of the other party is expressly rejected, unless Mobilestock has explicitly agreed to these terms in writing.
3. If one or more provisions of these Terms and Conditions are declared wholly or partially invalid or unenforceable, the remaining provisions will remain in full force. The parties will, in good faith, replace the invalid or unenforceable provision with a provision that closely aligns with the intent of the original provision.
4. Mobilestock's failure to strictly enforce a provision of these Terms and Conditions at any time does not constitute a waiver of rights and does not limit Mobilestock's right to demand strict compliance in future cases.
5. If Mobilestock enters into agreements with a foreign party, additional or deviating conditions may be applied in specific cases, which will be confirmed in writing to the other party.

1. All offers provided by Mobilestock are non-binding unless the offer specifies an acceptance period. In such a case, the offer will automatically expire after the acceptance period has lapsed.
2. Unless otherwise stated in the offer, all stated prices exclude applicable VAT and any additional costs such as transport and administrative expenses.
3. Mobilestock reserves the right to withdraw an offer within two working days of acceptance by the other party, without being liable. Any costs incurred by the other party will be at their own expense.
4. If a product or service referenced in the offer is no longer available, the offer expires immediately without further obligations for Mobilestock.
5. The other party cannot derive rights from apparent errors or mistakes in an offer. Mobilestock reserves the right to correct such errors, even after the offer has been accepted.
6. Offers provided by Mobilestock are intended solely for the specified purpose and may not be shared with third parties without Mobilestock's prior written consent.

An agreement is concluded when Mobilestock has confirmed an order in writing or has actually carried out the order.
Changes or additions will only take effect after written confirmation by Mobilestock.

1. If more than two months pass between the order and delivery, and Mobilestock's cost factors increase by more than 5% during that period, Mobilestock is entitled to adjust the sale price accordingly.
2. Mobilestock will notify the other party of any price increase in writing. If the other party does not agree, they have the right to cancel the agreement in writing within 7 days of receiving the notification.
3. Price adjustments due to legal changes (e.g., VAT rates) can be implemented at any time and do not entitle the other party to cancel.

1. Force majeure refers to situations where Mobilestock is unable to fulfill its obligations wholly or partially due to circumstances beyond its reasonable control.
2. Examples of force majeure include, but are not limited to: natural disasters, war, strikes, pandemics, government measures, transportation issues, and supply chain disruptions.
3. Mobilestock will notify the other party in writing of a force majeure situation as soon as possible.
4. If the force majeure lasts longer than 30 days, both parties have the right to terminate the agreement in writing without any obligation to pay compensation.

If a call-off period has been agreed upon between Mobilestock and the other party, all reasonable costs resulting from the other party's failure to collect within the agreed time will be charged to the other party.

The other party is only entitled to cancel the agreement or return delivered goods with prior written permission from Mobilestock.
If the agreement is canceled or goods are returned under paragraph 1 of this clause, the other party must reimburse Mobilestock for all actual costs incurred and lost profits.

1. Unless otherwise agreed in writing, Mobilestock determines the method of packaging, shipment, and transportation.
2. The risk of loss or damage to the goods transfers to the other party once the goods are handed over to the carrier, unless otherwise agreed.
3. Deliveries "carriage paid" are carried out at Mobilestock's risk, except for conditions set by the carrier.
4. Damage during transport must be noted by the other party on the delivery receipt immediately upon delivery and reported to Mobilestock within 24 hours.