1. Definitions
In these Terms of Service ("Terms"), the following definitions apply:
- "Maogon", "we", "us", or "our" refers to Maogon BV, a private limited company organised under Belgian law, having its registered office at [street, number], 9000 Gent, Belgium, registered in the Crossroads Bank for Enterprises under enterprise number 1032.392.180 (VAT BE1032392180)
- "Client", "you", or "your" refers to the business entity or individual using our services
- "Platform" refers to the Maogon website, client portal, and all associated tools and services
- "Services" refers to all sourcing, compliance, logistics, and advisory services provided by Maogon
- "Supplier" refers to any manufacturer or trading company in China sourced through the Platform
2. Scope of services
Maogon provides end-to-end sourcing and compliance infrastructure for European importers, including:
- Supplier identification, verification, and audit coordination in China
- Product specification management and IP protection protocols
- EU regulatory compliance assessment and certification coordination for CE, REACH, RoHS, GPSR, Food-Contact, and Packaging & Waste regulations
- Acting as the EU-based GPSR responsible person on behalf of the Client where applicable
- Landed-cost calculation including factory price, duties, VAT, freight, and Maogon service fees
- Quality control inspection coordination
- Shipment coordination and DDP delivery to European warehouses
Maogon acts as a sourcing and compliance intermediary. We are not the manufacturer, exporter, or importer of record unless explicitly agreed in writing. The Client remains the importer of record for all shipments unless otherwise specified.
3. Registration and account
To use our Services, you must register for an account and provide accurate, complete business information including your company name, VAT number, and business address. You are responsible for maintaining the confidentiality of your account credentials.
You represent and warrant that you are a legally constituted business entity authorised to enter into commercial agreements, and that the person accepting these Terms has the authority to bind the business entity.
4. Orders and pricing
4.1 Quotations
All quotations provided through the Platform include a full landed-cost breakdown: factory price, applicable duties, VAT, freight, and Maogon service fee. Quotations are valid for the period stated in the quote, after which prices may be subject to change.
4.2 Order confirmation
An order is binding once confirmed by the Client through the Platform or in writing. Upon confirmation, Maogon will initiate the sourcing, compliance, and logistics processes as described in the quotation.
4.3 Pricing
Maogon charges a monthly subscription fee and a per-order commission as set out in the applicable pricing plan. Current pricing is published at /pricing. Maogon reserves the right to modify pricing with 30 days' written notice. Existing confirmed orders are not affected by pricing changes.
4.4 Minimum order values
Each pricing plan specifies a minimum order value. Orders below the minimum will be subject to the minimum fee as stated in the applicable plan.
5. Compliance services
Maogon coordinates regulatory compliance assessment and certification for goods sourced through the Platform. Our compliance services include:
- Assessment of applicable EU regulations for each product category
- Coordination with accredited testing laboratories
- Documentation preparation and record keeping
- Acting as GPSR responsible person where agreed
While Maogon exercises professional diligence in coordinating compliance services, the Client acknowledges that:
- Regulatory requirements may change, and it is the Client's responsibility to ensure ongoing compliance after delivery
- Maogon relies on information provided by Suppliers and testing laboratories, and cannot guarantee the accuracy of third-party certifications
- Compliance coordination does not constitute legal advice. For specific regulatory questions, Clients should consult a qualified legal professional
5.4 Information required before accepting the GPSR responsible-person role
Before Maogon agrees to act as the EU-based GPSR Article 16 responsible person for any product, the Client shall provide:
- A complete technical file including specifications, materials list, and intended-use documentation
- A signed declaration of conformity covering each applicable EU regulation
- A traceability and batch-identification system permitting recall-targeting at unit level
- Identifying labelling on each product, package, and accompanying document, including batch number and Maogon's name and address as responsible person
Acceptance of the responsible-person role is at Maogon's discretion and contingent on the documentation above being complete and accurate.
5.5 Suspension and termination of the responsible-person role
Maogon may suspend or terminate the responsible-person role for a product or product line by written notice to the Client where:
- Required documentation is incomplete, expired, or has been materially altered without Maogon's prior written consent
- Maogon receives credible information of a non-conformity, safety incident, or recall risk that the Client has not disclosed
- The Client fails to cooperate with a market-surveillance authority or third-party testing request
On suspension, the Client shall not place further units of the affected product on the EU market under Maogon's responsibility. On termination, the Client undertakes to designate a successor responsible person and to notify the relevant market-surveillance authority within 14 days.
5.6 Client warranties and indemnification
The Client warrants that all information provided to Maogon for the purposes of compliance, certification, and the responsible-person role is accurate, complete, and current. The Client shall indemnify and hold Maogon harmless against any loss, claim, fine, recall cost, or third-party liability arising from:
- Undisclosed defects, hazards, or non-conformities in the goods
- Fraudulent declarations or misrepresentations in the technical file or declaration of conformity
- Unauthorised modifications to the goods after compliance certification
- Failure to maintain the labelling, batch-traceability, or post-market surveillance obligations agreed under this Agreement
This indemnity survives termination of the Agreement and applies notwithstanding the limitation of liability in section 8.
5.7 Continuity on switching providers
Where the Client moves the responsible-person role to a different EU economic operator, Maogon shall:
- Provide the successor with all technical files, declarations of conformity, and post-market records relating to products covered by the role
- Notify the relevant market-surveillance authority of the change within the period required by applicable law
- Cooperate in good faith with the successor for a transition period of up to 90 days from the date of notice
The Client shall reimburse Maogon's reasonable costs of transition documentation and authority notification.
6. Payment terms
- Subscription fees are billed monthly in advance and are non-refundable
- Order-related fees (commission, freight, duties, VAT) are invoiced upon order confirmation or shipment, as specified in the quotation
- Payment is due within 14 days of invoice date unless otherwise agreed in writing
- All prices are in EUR and exclusive of VAT unless stated otherwise
- Late payments are subject to interest at the rate specified by Belgian law (Wet Betalingsachterstand Handelstransacties) and a fixed recovery fee of €40
7. Intellectual property
All intellectual property rights in the Platform, including but not limited to the website design, software, logos, trademarks, and content, remain the exclusive property of Maogon.
Product specifications, designs, and technical documentation submitted by the Client remain the intellectual property of the Client. Maogon will not share Client IP with any third party except as strictly necessary to fulfil the order, and only under binding confidentiality agreements with Suppliers.
8. Limitation of liability
To the maximum extent permitted by applicable law:
- Maogon's total aggregate liability for any claims arising from or related to the Services shall not exceed the total fees paid by the Client to Maogon in the 12 months preceding the claim
- Maogon shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, business interruption, or loss of data
- Maogon is not liable for defects in goods manufactured by third-party Suppliers, delays caused by logistics providers, or actions by customs or regulatory authorities
- Maogon is not liable for force majeure events including but not limited to natural disasters, pandemics, trade sanctions, port closures, or governmental actions
Nothing in these Terms limits liability for fraud, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be limited by law.
9. Termination
Either party may terminate the service agreement by providing 30 days' written notice. Upon termination:
- Outstanding orders in progress will be completed and invoiced as agreed
- The Client's access to the Platform will be deactivated after all outstanding obligations are fulfilled
- Maogon will retain records as required by Belgian law and EU regulations (see our Privacy Policy for retention periods)
Maogon may suspend or terminate access immediately if the Client breaches these Terms, fails to make timely payments, or engages in activity that is illegal or harmful to the Platform.
10. Governing law and disputes
These Terms are governed by and construed in accordance with the laws of Belgium.
Any dispute arising from or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Ghent, Belgium.
For Clients based in other EU member states, mandatory consumer protection provisions of your country of residence may also apply, to the extent they cannot be waived by agreement.
11. General provisions
- Entire agreement: These Terms, together with the applicable pricing plan and any order confirmations, constitute the entire agreement between the parties
- Amendments: Maogon may amend these Terms with 30 days' notice. Continued use of the Services after amendment constitutes acceptance
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect
- Assignment: The Client may not assign their rights or obligations under these Terms without Maogon's prior written consent
- Language: These Terms are drafted in English. In the event of any conflict with a translated version, the English version shall prevail
For questions regarding these Terms of Service:
Maogon BV
[street, number]
9000 Gent, Belgium
KBO 1032.392.180 · VAT BE1032392180
hello@maogon.com