TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
Ancillary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession, business or craft and enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: every (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that enables future consultation and unaltered reproduction of the stored information, including e-mail
Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
Model form: the form for withdrawal which is made available to the consumer by the entrepreneur and which can be filled in by the consumer when he wants to exercise his right of withdrawal;
Entrepreneur: the natural person or legal entity offering products and/or (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication with the consumer;
Technique for distance communication: means that can be used for concluding a distance contract, without the consumer and entrepreneur being together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Modaluxe
Email address: info@modaluxe.co.uk
Address: Beiaardiershoeve 302, 7326TC Apeldoorn in the Netherlands. (Address is not a visitor and/or return address returns to Beiaardiershoeve 302, 7326TC Apeldoorn will not be refunded)
Chamber of Commerce number: 90741366
VAT: NL004840357B45
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises, in what way they can be inspected and that these general terms and conditions will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.If this is not reasonably possible, prior to the conclusion of the distance contract it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favourable to him.
In the event that one or more provisions in these general terms and conditions are at any time declared wholly or partially null and void or annulled, these general terms and conditions shall for the rest remain in force and the relevant nullified or void provision shall be replaced forthwith in mutual consultation by a provision that approximates the purport of the original as much as possible.
Situations not provided for in these general terms and conditions must be assessed according to these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price, excluding customs clearance charges and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regime for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any dispatch costs;
the way in which the contract will be concluded and what actions are required for that purpose;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
and the minimum duration of the distance contract in case of an extended transaction. Optional: available sizes, colours, type of materials.
ARTICLE 5 - THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
3. the information on guarantees and existing after-sales services;
4. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
ARTICLE 6 - RIGHT OF WITHDRAWAL
On delivery of products:
When purchasing products, the consumer has the possibility of dissolving the contract for 14 days without giving reasons.
This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
The warranty period of the intermediary is the same as the warranty period of the manufacturer. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.
In case of a warranty claim, the Intermediary shall, at its discretion, provide for replacement or repair. In the event of replacement, the purchaser undertakes to return the replaced item to the Intermediary.
The warranty does not apply if:
- the buyer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
- the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the intermediary's instructions and/or treated on the packaging;
-the defect is entirely or partially the result of regulations issued or to be issued by the government regarding the type or quality of the materials used;
- Hygiene products cannot be returned and refunded. A list of hygiene products that cannot be returned and refunded (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, shaving equipment, etc.
- Consumables cannot be returned and refunded. An example of Consumables that cannot be returned and refunded include cleaning products.
If:
the consumer has ordered several products in the same order, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts, the cooling-off period commences on the day on which the consumer, or a third party indicated by him, has received the last shipment or part;
the agreement extends to the regular delivery of products during a specific period, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer may dissolve the contract for 14 days without giving any reason. These fourteen days start from the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within 12 months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has expressed his wish to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of dispatch.
ARTICLE 7 - EXERCISE OF THE RIGHT OF WITHDRAWAL
If the consumer exercises the right of withdrawal, he shall bear the costs of returning the goods.
The trader will refund the purchase amount as soon as possible, but no later than 14 days after the withdrawal, in the same way as used by the consumer. This requires return receipt by the trader or conclusive proof of complete return.
Any decrease in value of the product caused by careless handling will be charged to the consumer. This cannot be invoked if the trader has not provided all legally required information regarding the right of withdrawal. This should take place before the purchase agreement is concluded.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
Exclusion of the right of withdrawal is only possible if the trader clearly stated this in the offer, at least in good time before concluding the contract, and it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products:
that have been brought about by the entrepreneur to the agreement specifications of the consumer;
that are clearly of a personal nature
that spoil or age quickly;
whose price is subject to fluctuations on the financial market that are beyond the Entrepreneur's control;
for individual newspapers and magazines;
for audio- and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal. Hygiene products cannot be taken back and reimbursed, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned and reimbursed (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
Exclusion is possible only for the following services:
concerning accommodation, transport, restaurant or leisure services to be provided on a certain date or during a certain period;
the delivery of which commenced with the consumer's express consent before the expiry of the cooling-off period;
concerning betting and lotteries
ARTICLE 9 - PRICE
During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated them and:
1. they are the result of legal regulations or stipulations; or
2. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
Under Section 5(1) of the Turnover Tax Act 1968, the supply takes place in the country where the transport commences. In the present case, this supply takes place outside EU. Following this, the postal or courier service will collect import VAT or clearance charges from the customer. Consequently, no VAT will be charged by the entrepreneur. All prices are subject to printing errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the company is not obliged to deliver the product according to the incorrect price.
ARTICLE 10 - GUARANTEE AND CONFORMITY
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract. This means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.
Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of the entrepreneur and/or on the packaging;
The inadequacy is entirely or partially the result of governmental regulations regarding the nature or quality of the materials used.
Hygiene products cannot be taken back and reimbursed, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned and refunded (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
ARTICLE 11 - DELIVERY AND EXECUTION
The company will take the greatest possible care when receiving and executing product orders.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
Termination
The consumer may terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period of time if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, supply of daily or weekly newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known in advance to the consumer.
The consumer can make payment using the following payment methods: Paypal, Shoppay and Credit Card (AMEX, Mastercard, Maestro and Visa)
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
ARTICLE 15 - DISPUTES
Contracts between the trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
ARTICLE 16 - SUPPLEMENTARY OR DEVIATING PROVISIONS
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
