GENERAL TERMS OF SALE
BY ACKNOWLEDGING THESE TERMS OR BY CLICKING THE ‘I AGREE BUTTON’ WHEN COMPLETING AN ORDER ON THE SUPPLIER’S WEBSITE, THE CUSTOMER ACCEPTS THE FOLLOWING TERMS:
1.     DEFINITIONS

1.1.    ‘General Terms of sale’: the standard terms of sale of studio MOTO architects BV, incorporated under the laws of Belgium, with registered office at Blekersdijk 25, 9000 Ghent (Belgium) entered in the company’s registry under number 0700.988.910, hereinafter referred to as the SUPPLIER. By accepting the terms of this Agreement, the CUSTOMER waives his own purchasing conditions. 

1.2.    ‘Customer’: either an end-consumer (who purchases the Product for its private use), either a distributor or retailer (who purchases the Product for reselling to end-consumers).

1.3.    ‘Order’: any individual order placed by the CUSTOMER with the SUPPLIER under this Agreement. All orders accepted by the SUPPLIER result in an Agreement.

1.4.    ‘Product(s)’: the products as ordered by the CUSTOMER, such as for example Stack™.

1.5.    ‘Defect’: any visible or hidden defects caused by the SUPPLIER making the Products unsuitable for the purpose for which they were produced.

1.6.     ‘Intellectual Property Rights’: any and all known or hereafter existing (a) rights associated with works of authorship, including copyrights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world.

1.7.    ‘Agreement’: the Agreement between the CUSTOMER and the SUPPLIER, including the General Terms of Sale, any appendices and orders.

1.8.    ‘Website’: of the SUPPLIER: https://studiomoto.be/; of the Product(s): https://stack-furniture.com/

 

2.     APPLICABILITY

2.1.    This Agreement determines the terms and conditions under which the SUPPLIER delivers Products to the CUSTOMER, in accordance with the CUSTOMER’s order.

2.2.    The CUSTOMER is not permitted to distribute the SUPPLIER’s Products, unless otherwise agreed in writing between the parties. The CUSTOMER is not permitted to sell the Products online to any third parties, unless otherwise agreed in writing between the parties.

2.3.    The SUPPLIER reserves the right to delete Products from its Website, to amend the Products or to replace the Products with products with similar specifications.

2.4.    The Products are exclusively intended for sale in the countries as determined on the Website, determined by the SUPPLIER or as recorded in any document agreed with the CUSTOMER.

2.5.    All images, drawings of the Products or texts on the Website or in any other marketing materials are indicative and for illustrative purposes only. 

2.6.    All offers made by the SUPPLIER are, unless indicated otherwise on the offer, valid for a period of fourteen (14) calendar days as from the offer date. Offers are valid while stocks last and can be changed or withdrawn by the SUPPLIER as long as the CUSTOMER has not explicitly accepted such offer.

 

3.     PRICE, INVOICE, PAYMENT

3.1.    ALL PRICES AS DISPLAYED ON THE WEBSITE DO NOT INCLUDE VAT, TRANSPORT OR INSURANCE COSTS, PACKAGING COSTS, ANY IMPORT OR EXPORT DUTIES, TAXES OR COSTS ASSOCIATED WITH SPECIFIC ONLINE PAYMENT MECHANISMS. 
3.2.    In the order process the SUPPLIER will inform the CUSTOMER on the VAT, transport and/or insurance costs, packaging costs or costs associated with specific online payment mechanisms proposed by the SUPPLIER. The CUSTOMER understands that these costs are best effort estimations based on the information provided by the CUSTOMER in the order process. The SUPPLIER is not responsible for any import or export duties that may be applicable, nor accountable for any bank charges in relation to payments or currency exchange rates. The CUSTOMER will indemnify the SUPPLIER for any incomplete payment transfers that occur as a result thereof.  

3.3.    Any discount communicated by the SUPPLIER relates solely to the net price of a Product, but not to any transport or insurance costs, packaging costs, any import or export duties, taxes or costs associated with specific online payment mechanisms. All commercial actions carried out by SUPPLIER apply exclusively to Products, quantities, durations and region as indicated by the SUPPLIER. The SUPPLIER can at any time decide to cancel a commercial promotion. 

3.4.    The SUPPLIER has the right, at any time, with or without cause and without prior notification, to amend the prices of the Products. 

3.5.    The SUPPLIER is not obliged to send a paper version of the invoice. The CUSTOMER accepts the validity of electronic invoices (in accordance with e-invoicing standards such as Pan-European Public Procurement Online/PEPPOL).

3.6.    PAYMENTS SHALL BE MADE AT THE TIME OF THE ORDER BY USING ONLINE PAYMENT MECHANISMS. In case the SUPPLIER agrees to advance payment of a part of the price (e.g. 50%), payment of such advance shall occur at the time of the order. The SUPPLIER will suspend delivery until payment has occurred. Any unpaid amount shall by paid the CUSTOMER within maximum fifteen (15) calendar days upon delivery. Any deviations of this section need the prior written approval of the SUPPLIER.  
3.7.    In case of failure to effect payment by the due date, the SUPPLIER is entitled to (i) an interest calculated by the number of days of delay and at the rate determined in accordance with the Belgian law of 2 August 2002 on combating late payment in commercial transactions, (ii) an administrative fine of forty (40) EUR and (iii) the full reimbursement of any bailiff, lawyer and court fees, this without prior notice of default. 

3.8.    In case of failure to effect payment by the due date the SUPPLIER has the right to (i) withhold further orders from the CUSTOMER until full payment of the invoice and/or (ii) invoke its right of retention in relation to the delivered Product. The SUPPLIER is not liable for any delay or damage resulting from the lawful exercise of this right. 

 

4.     ORDER PROCESS

4.1.    All orders must be placed through the SUPPLIER’s Website or SUPPLIER’s e-mail. The SUPPLIER reports receipt and/ or acceptance of the Order, the SUPPLIER can choose to do this by means of an automatically generated e-mail.

4.2.    The CUSTOMER shall be solely responsible for maintaining the confidentiality and security of the account login information such as username and password, which are personal and cannot be transferred to any third party. The CUSTOMER shall identify him/herself accurately and honestly and will be liable towards the SUPPLIER for any false account information. The CUSTOMER shall be fully responsible for all activities that occur under its personal account.

4.3.    The SUPPLIER at its own discretion is entitled to suspend or cancel an Order in case the SUPPLIER believes that the identity of the CUSTOMER, the address or his payment details are incorrect and that it can therefore be a fraudulent or false Order.

4.4.    The CUSTOMER cannot cancel nor modify the Order, unless agreed otherwise in this Agreement. Should the CUSTOMER cancel the Order in whole or in part, the CUSTOMER shall pay to the SUPPLIER fifty percent (50%) of the full value of the Order.  

4.5.    The SUPPLIER will inform the CUSTOMER in case a product is no longer in stock.

 

5.     RIGHT OF WITHDRAWAL FOR DISTANT SALES (END-CONSUMERS ONLY)

5.1.    THE CUSTOMER HAS THE RIGHT FOR STANDARD PRODUCTS OF THE SUPPLIER, AT THE LATEST WITHIN FOURTEEN (14) CALENDAR DAYS FOLLOWING THE DELIVERY DATE, TO NOTIFY THE SUPPLIER IN WRITING ON THE EMAIL ADDRESS info@stack-furniture.com THAT HE WISHES TO CANCEL THE PURCHASE, USING THE WITHDRAWAL FORM PROVIDED BY THE SUPPLIER UPON DELIVERY OR, IN ITS ABSENCE, AVAILABLE ON THE FPS ECONOMY WEBSITE:

HTTPS://ECONOMIE.FGOV.BE/SITES/DEFAULT/FILES/FILES/VENTES/FORMS/FORMULIER-VOOR-HERROEPING.PDF.   
5.2.    If the CUSTOMER wishes to return the Product, this must be done in its original state without damage, in the original packaging and in the exact quantity as ordered. After inspection and acceptance by the SUPPLIER, any payment made by the CUSTOMER will be refunded within thirty (30) calendar days. Transport or packaging costs are non-refundable.

5.3.    The CUSTOMER is solely responsible for any costs associated with the return of the Products. The return of the Products is the responsibility of the CUSTOMER. In case Products are lost (in whole or in part) or damaged and/ or incomplete, the SUPPLIER cannot reimburse the CUSTOMER.

5.4.    THE RIGHT OF WITHDRAWAL FOR DISTANT SALES (END-CONSUMERS ONLY) IS NOT APPLICABLE IN CASE: (1) THE CUSTOMER HAS MADE A CUSTOM DESIGN OF THE PRODUCT USING THE CONFIGURATOR ON THE WEBSITE AND (2) A DISTRIBUTOR OR RETAILER AS CUSTOMER HAS MADE A CUSTOM DESIGN OF THE PRODUCT WITH OR ON BEHALF OF AN END-CONSUMER AT A STORE WHERE THE PRODUCTS ARE PROMOTED OR DISPLAYED. 
 

6.     DELIVERY

6.1.    The terms of delivery indicated are provided for information only and are not binding. 

6.2.    The Products will be delivered to the address as provided by the CUSTOMER or indicated on the Order. The SUPPLIER is not liable for any errors made by the CUSTOMER when submitting this information and any additional costs that may result from this. 

6.3.    If the CUSTOMER opts for delivery at a collection point or in store the CUSTOMER is responsible for the storage and handling of the goods. 

6.4.    The SUPPLIER or a carrier appointed by him is entitled to request proof of identification from the CUSTOMER before delivering a Product. No compensation is due if the delivery has been made to a third party designated by the CUSTOMER or if it could reasonably be expected that the receiving party was authorised to do so by the CUSTOMER.

6.5.    THE TRANSFER OF RISK TAKES PLACE EX WORKS (EXW), EVEN IF THE SUPPLIER HAS APPOINTED THE CARRIER. THE CUSTOMER IS RESPONSIBLE FOR ANY DAMAGE RESULTING FROM TRANSPORT, STORAGE AND HANDLING OF THE PRODUCTS. IF THE CUSTOMER REQUIRES A TRANSPORT, STORAGE AND HANDLING INSURANCE, IT SHALL REQUEST THE SUPPLIER PRIOR TO ORDERING AND PAY THE SURCHARGE RELATED THERETO.
6.6.    The transfer of ownership takes place after delivery and full payment of the invoice (cumulative conditions). 

6.7.    The CUSTOMER will check the quantity and colour in accordance with the Order (and configuration), visible defects to the packaging and/or the Products upon delivery. Visible defects must be reported to the SUPPLIER within two (2) working days after receipt of the delivery via the email address info@stack-furniture.com. Imperfections in versatile materials (e.g. untreated aluminum) are not considered visible defects.

 

7.     Intellectual property rights

7.1.    The CUSTOMER will not infringe any Intellectual Property Rights of the SUPPLIER. 

7.2.    The CUSTOMER will not infringe registered or unregistered designs, patents, trademarks, tradenames, domain names, copyrights or database rights used by the SUPPLIER. 

7.3.    The CUSTOMER will neither register or use any identical or similar marks, signs or domain names wherever in the world for any identical or similar Product. 

7.4.    The CUSTOMER will refrain from any action that may cause confusion in the market or that is considered an unfair trade practice. 

7.5.    Any action from the CUSTOMER whereby the Intellectual Property Rights of the SUPPLIER are infringed, will cause harm to the SUPPLIER for which the CUSTOMER is liable.

7.6.    To the best of its knowledge the SUPPLIER is not aware that the Product(s) would infringe third-party Intellectual Property Rights. In case of any dispute, the CUSTOMER shall immediately inform the SUPPLIER in writing. The SUPPLIER is granted the sole control of the defence and settlement of such a claim. Upon the SUPPLIER’s request, the CUSTOMER fully cooperates with the SUPPLIER in the defence and settlement of such a claim. The CUSTOMER makes no admission as to SUPPLIER’s liability in respect of such a claim, nor does the CUSTOMER agree to any settlement in respect of such a claim without the SUPPLIER’s  prior written consent.

 

8.     Warranties

8.1.    THE WARRANTY PERIOD FOR HIDDEN DEFECTS FOR END-CONSUMERS WHO PURCHASE THE PRODUCTS FOR PRIVATE USE DIRECTLY FROM THE SUPPLIER IS MAXIMUM TWO (2) YEARS FROM THE DATE OF SALE BY THE END-CONSUMER. IN ALL OTHER CASES THE WARRANTY IS LIMITED TO ONE (1) YEAR FROM THE DATE OF SALE TO A CUSTOMER. THE SUPPLIER MAY REQUIRE REGISTRATION OF THE PRODUCT OR SALE FOR WARRANTY PURPOSES.
8.2.    The aforementioned warranty does not apply if: (i) the Products were damaged after a transfer of risk; (ii) the CUSTOMER does not have a valid proof of purchase on which the purchase date is stated; (iii) the Products were used incorrectly or not in accordance with the instructions of the SUPPLIER (e.g. caring instructions in the user, assembly or installation manual); (iv) the Defect is caused by force majeure or by unforeseen circumstances beyond the control of the SUPPLIER; (v) the Defect is caused by normal wear and tear upon use of the Product. 

8.3.    The warranty does not apply to defects that arise as a result of manipulations, negligence or abnormal actions by the CUSTOMER that are contrary to the purpose for which the Product is intended, are not in line with any instructions for use or are the result of incorrect or abnormal use. 

8.4.    THE SUPPLIER’S OBLIGATION UNDER THIS WARRANTY EXTENDS SOLELY TO THE REPAIR OR REPLACEMENT OF THE SPECIFIC DEFECTIVE COMPONENT OF THE PRODUCT AND NOT TO THE REPLACEMENT OF THE PRODUCT IN ITS ENTIRETY. EXCLUDED FROM THIS WARRANTY IS THE REPLACEMENT OF DAMAGE TO COMPONENTS WHICH IS THE RESULT OF NORMAL WEAR AND TEAR OF THE PRODUCT.
8.5.    No additional warranty applies to repaired or replaced components. The warranty period is not extended by the period of time that the CUSTOMER cannot use the Product due to repair or replacement.

 

9.     Warnings

9.1.    The SUPPLIER’s Products are composed of versatile materials (e.g. untreated aluminum) that are characterized by imperfections. Such materials develop a one-of-a-kind patina over time. 

9.2.    The SUPPLIER’s Products need to be assembled by the CUSTOMER, who commits to read the user, installation or assembly manual prior to starting the installation process. It is utmost important that the CUSTOMER follows the installation patterns that safeguards the stability of the Product. The SUPPLIER is not responsible for installation.

9.3.    The CUSTOMER needs to wear gloves, protective boots and glasses when assembling the Product.

9.4.    The CUSTOMER shall not put the Product or components of the Product on surfaces (e.g. PUR flooring) that are sensitive to or to cause scratches. 

9.5.    The SUPPLIER is not responsible for any damage that occurred as a result of the installation, assembly or disassembly process. 

9.6.    SOME PRODUCTS CAN BE ASSEMBLED WITHOUT USING ANY TOOLS OR SCREWS. DEPENDING ON THE HIGHT (e.g. 190 cm or 75 inches), SIZE OR CUSTOMER STRUCTURE OF THE PRODUCTS, THE CUSTOMER MAY NEED TO ANCHOR THE PRODUCT IN A SOLID AND SUITABLE WALL USING THE RIGHT SCREWS OR INSERTS.  

9.7.    THE CUSTOMER SHALL ENSURE THAT THE PRODUCT IS SECURED AND STABLE. THE CUSTOMER IS RESPONSIBLE FOR THE (WEIGTH OF THE) OBJECTS STORED ON THE PRODUCT AND FOR PREVENTING OBJECTS FALLING FROM THE PRODUCT. THE CUSTOMER IS SOLELY RESPONSIBLE FOR PREVENTING PERSONS, TODDLERS AND KIDS FROM CLIMBING THE PRODUCT. 
9.8.    The Products are made from versatile materials and need special attention when cleaning. Always wear gloves, do not use abrasive, acid or harsh cleaning products. Only use plain water or mild soaps that are made for such versatile materials. Do use a mild towel or soft cloth to prevent streaking.

9.9.    Questions relating to the Products can be communicated by contacting us via info@stack-furniture.com. 

 

10.    Liability

10.1. Subject to all other rights, the SUPPLIER is under no circumstances liable for any damage caused:

-        By using the Products in a manner for which they are not suitable;

-        Due to abnormal use by the CUSTOMER;

-        If it cannot be demonstrated that the defect was present at the time the Products were put into the market;

-        By hacking the Website, provided that the SUPPLIER has taken all reasonable security measures;

-        By phishing, pharming or other forms of internet fraud or other criminal activities; 

-        As a result of the poor functioning of the internet connection, broadband connection or any other service, infrastructure or hosting service over which the SUPPLIER has no control; 

-        Due to force majeure or hardship, including without being exhaustive scarcity of raw materials used in the Products, unavailability of transport, fire, explosions, floods, storms, damage, lightning, power outages, strike and government measures;

-        As a result of the conformity with mandatory government regulations. 

10.2. To the extent legally permitted under applicable law, the SUPPLIER will not be liable to COSTUMER or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, loss of data, revenue or income, goodwill, production of use, procurement of substitute services, fatal injuries, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise.

10.3. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SUPPLIER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SALE AND PURCHASE OF PRODUCTS, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, WILL BE SUBJECT TO THE RESTRICTIONS SET FORTH IN THESE TERMS, AND IT WILL NOT EXCEED THE PRICE PAID BY CUSTOMER.
 

 

11.   Protection of privacy

11.1. In view of the performance of this Agreement the SUPPLIER can collect personal data of the CUSTOMER, such as name, address, e-mail address, phone number, gender, age, location of shipment, payment or credit card information, end-consumer, distributor or retailer qualification.

11.2. The personal data of the CUSTOMER will be processed in accordance with the EU General Data Protection Regulation in the context of a supplier-purchaser relationship.

11.3. THE SUPPLIER UNDERTAKES TO USE THE OBTAINED PERSONAL DATA SOLELY WITH A VIEW TO FULFILLING ITS OBLIGATIONS TOWARDS THE CUSTOMER IN THE CONTEXT OF THE AGREEMENT.
11.4. If the processing of personal data is based on the CUSTOMER’s consent, the CUSTOMER has the right to withdraw the consent at any time by sending an e-mail to info@stack-furniture.com, without this affecting the legality of the processing on the basis of the permission before its withdrawal. 

11.5. CUSTOMERS have the right to request to review, rectify or erase personal data or to limit the processing of their personal data, as well as the right to objection to the processing of personal data. All these requests should be addressed to info@stack-furniture.com.

11.6. The SUPPLIER will take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.

11.7. The SUPPLIER may retain and store personal data for as long as reasonably needed to provide the CUSTOMER the Products and any after sales service or support.

11.8. The SUPPLIER is not obliged to store or back-up personal data and may delete or expunge personal data at its own discretion.

11.9. The CUSTOMER accepts the Privacy Policy and Cookie Policy in addition to these General Terms of Sale.

 

12.   FORCE MAJEURE

12.1. The SUPPLIER shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such delay or failure is due to causes beyond SUPPLIER’s control due including by not limited to war, strikes or labour disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to the SUPPLIER’s information technology systems by third parties or any other cause beyond the reasonable control of the SUPPLIER. The SUPPLIER shall notify the CUSTOMER of the nature of such force majeure event and the effect on the ability to perform the obligations under this Agreement and how the SUPPLIER plans to mitigate the effect of such force majeure event.

12.2. In the event these circumstances last longer than thirty (30) calendar days, the SUPPLIER is legally entitled to terminate the Agreement by registered letter, without any compensation being due. 

 

13.   HARDSHIP

13.1. The SUPPLIER cannot be held liable for delays or shortcomings, in the execution of the agreement, which are the result of economic circumstances over which the seller has no control. Economic circumstances or hardship include scarcity or non-availability on the market of raw materials for the Products, the unavailability or transportation means, trade blocks or trade embargoed, changing regulations or radical government measures which make it impossible for the SUPPLIER to implement the Agreement. 

13.2. In the event these circumstances last longer than thirty (30) calendar days, the SUPPLIER is legally entitled to terminate the Agreement by registered letter, without any compensation being due. 

 

14.   MISCELLANEOUS

14.1. This Agreement may not be assigned to a third party by the CUSTOMER without the prior written approval of the SUPPLIER.

14.2. This Agreement constitutes the entire Agreement and understanding between the CUSTOMER and the SUPPLIER with respect to the subject matter hereof and supersedes all prior oral or written Agreements, representations or understandings between the parties relating to the subject matter hereof. No statement, representation, warranty, covenant or Agreement of any kind not expressly set forth in this Agreement shall affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement. 

14.3. If any provision of this Agreement, is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 

 

15.   GOVERNING LAW AND JURISDISCTION

15.1. This Agreement shall be exclusively governed by and construed in accordance with the laws of Belgium.

15.2. The courts of Ghent (Belgium) shall have sole jurisdiction should any dispute arise in relation with the Products.

Last revision: November 2024