Terms and Conditions

TERMS AND CONDITIONS

These General Terms and Conditions have been drawn up in accordance with BW-B6-Art.no. 234 of Dutch law. Therefore not applicable to foreign legislation of any kind.

These are the general terms and conditions of Modea Fashion, hereinafter referred to as Modea, located at Boomstede 640, 3608 BR in Maarssen and registered with the Chamber of Commerce in Utrecht under Modea, number 52045935. The website has been set up with the utmost care, but it may happen that not all information is up to date. , is correct and/or complete. No rights can be derived from the information on this website. An exception to this is Modea's general terms and conditions, from which rights can be derived if they have been expressly accepted by the customer when placing one or more orders. Modea is not liable for misuse by third parties of copyright-protected information. Copyright applies to all our texts and images.

At the time of actual purchase of our products through an order and payment, Modea customers are deemed to have been informed of these General Terms and Conditions, including the details under the "customer service" tab.

General terms and conditions of sale and delivery

Article 1. Applicability

1.1 These general terms and conditions of sale apply to all offers and agreements in which Modea acts as a seller of goods. By concluding any form of the above agreement, the customer expressly accepts our terms and conditions.

1.2 Deviation from these conditions can only be agreed in writing.

1.3 Other general terms and conditions of Modea customers (hereinafter referred to as the customer or customers) do not apply.

Article 2. Offers

2.1 All offers from Modea are without obligation unless the offer expressly states otherwise. Offers are subject to product availability.

2.2 The information included in catalogs or other Modea documentation, such as prices, specifications and images, is subject to change and does not bind Modea, unless the information has been expressly agreed between both parties.

2.3 When entering into the agreement, Modea is entitled to demand security for the financial fulfillment of the agreement to be concluded. Refusal by the buyer to provide the required security gives Modea the right to refuse the order.

2.4. For products on sale/promotion, returns are not possible.

Article 3. Prices

3.1 The prices are in Euro, including Dutch sales tax, but excluding other government levies, unless expressly agreed otherwise. If the customer is not in the country of shipment, the customer is liable for any sales tax or import duties due in the country of residence.

3.2 The prices shown on the website are always subject to errors and/or interim price changes.

Article 4. Delivery time

4.1 The specified delivery time of 2 to 4 working days can never be regarded as a deadline, unless expressly agreed otherwise. However, Modea will do everything reasonably possible to achieve delivery on or within delivery time. There is a maximum delivery time of thirty (30) days.

4.2 As soon as Modea becomes aware of facts and/or circumstances that make delivery on or within the specified delivery time impossible, Modea will notify the customer of this as soon as possible, stating the expected new delivery time.

4.3 If the impediment to compliance, as referred to above, lasts longer than thirty (30) days, the customer has the right to terminate the agreement, unless expressly agreed otherwise. The buyer has the choice to agree to a new delivery period or to cancel his or her order. In the event of cancellation, Modea will fully refund the amount already paid by the buyer within 30 days at the latest.

4.4 If the delivery time is known, this will be indicated in our correspondence. After the package has been shipped, correspondence will follow via e-mail stating how the shipment can be tracked via the internet.

Article 5. Delivery, delivery, return

5.1 At the customer's request, Modea can have the goods delivered to a location to be specified by the customer. If the customer wants to send the items abroad, adjusted shipping costs will be charged to the customer. Shipping costs in general are determined by DHL rates.

5.2 Modea reserves the right to charge the customer separately for delivery costs.

5.3 Modea is not liable for any damage, delay or disappearance during or as a result of delivery caused by the customer or third parties unless it proves that the damage is the result of gross negligence, gross negligence or intent on the part of the customer. from Modea. Once Modea transfers the products/order to the shipper, the further progress of the shipment is entirely the responsibility of the customer.

5.4 In the event of a return, the customer is always responsible for the manner in which this is carried out. The returned products must also be returned to Modea within the legal period; of course in original packaging and undamaged, so that everything can be resold again for Modea.

Article 6. Force majeure

6.1 Force majeure also includes the situation that Modea is in default due to extraordinary circumstances such as: frost delay, strikes, company occupations, fire, traffic obstructions or transport problems, lack of raw materials and/or materials, mobilization, martial law, civil disturbances or riots, import or export restrictions and other government measures or regulations and furthermore any circumstance over which Modea cannot reasonably have any influence, is unable to carry out the assignment in accordance with agreements made.

6.2. In the event of force majeure, Modea is entitled to either suspend performance of the agreement without judicial intervention as long as the force majeure situation continues, or to terminate the agreement, without Modea being obliged to pay any compensation or fine to the buyer.

6.3. However, if the execution of an order is suspended for more than 3 months, the buyer is entitled to terminate the agreement, unless the specific circumstances of a case justify a shorter period.

6.4. In the event of termination as referred to above, Modea is entitled to demand payment for everything delivered/performed up to that point and Modea is not obliged to pay any compensation or fine to the buyer.

Article 7. Risk and Ownership

7.1 If the parties have agreed that the goods will be delivered, the risk of the goods of Modea passes at the time of delivery.

7.2 If the customer does not notify Modea in a timely manner that he or she cannot receive the goods, the risk passes from Modea to the customer at the time that the customer is in default and Modea will store and insure the goods for a reasonable period thereafter. all this at the expense and risk of the customer.

7.3 Ownership of the goods is transferred from Modea to the customer only after the customer has paid the purchase price and everything else that it owes to Modea under any purchase agreement, as well as under a claim for failure to fulfill such obligations.

Article 7b. Copyright photo images

7b.1 All photo images shown on the website www.Modea.nl are subject to the copyright of Modea, its manufacturers or suppliers and may therefore never be taken over, duplicated or used elsewhere by Modea without written permission from Modea.

Article 8. Payment

8.1 The customer receives an invoice from Modea by email. After payment has been made via one of the payment options offered, the customer will receive the product. Shipping costs depend on the size, weight and destination country.

Article 9. Warranty

9.1 A warranty claim will only be processed by Modea if the customer submits this appeal to Modea within eight (8) days after the customer has received the delivered products. Except for any manufacturer's and/or wholesaler's warranty, no warranty is given for delivered goods, unless otherwise agreed in writing.

9.2 Warranty is only granted upon presentation of the original invoice provided by Modea to the customer.

9.3 Any right to warranty lapses if;

- Products of the delivered item have been worn and show signs of use, as a result of which they can no longer reasonably be resold.

- There is damage to the original packaging, as a result of which it can no longer reasonably be used for resale.

- The returned product is no longer complete.

- Without permission from Modea, changes or repairs have been made to the delivered goods by or on behalf of the customer.

- The delivered goods are used for purposes other than the intended use.

9.4 The costs for changes or repairs to the delivered goods carried out by or on behalf of the customer without Modea's prior permission will never be borne by Modea.

Article 10. Liability

10.1 Modea is only liable for damage to the customer or third parties if and insofar as the damage is the direct and immediate result of the execution of the agreement by Modea.

10.2 Modea's liability in accordance with the previous paragraph is limited to a maximum of the purchase price of the delivered item, unless the damage is the result of gross negligence, gross negligence or intent on the part of Modea.

10.3 Modea cannot be held liable for deviations in prices, images and texts.

10.4 Modea is not liable for technically unavoidable deviations in quality, quantity, colour, size and finish, etc., that are considered acceptable in the industry, which deviations therefore do not give the buyer the right to refuse goods.

Article 11a: Dissolution

11.1 If the customer wishes to return, he must do so within (fourteen) 14 working days after receipt, provided it is unused and in original and undamaged packaging. The costs of returning the item are entirely borne by the customer. If the customer has complied with the foregoing conditions, the credit will be issued by Modea within 30 days.

11.2 Modea reserves the right to refuse returned products or to credit only part of the paid amount if it is suspected that the product has been used, shows signs of use or has been damaged or modified through the fault of the customer.

11.3 If the customer does not fulfill one or any of its obligations under the agreements arising therefrom, does not do so in a timely manner or does not do so properly, it is legally in default. In that case, Modea has the right to unilaterally terminate the agreement in whole or in part without notice of default and without judicial intervention, by means of a written notice to the customer, without Modea being obliged to pay any compensation, without prejudice to any further rights accruing to Modea.

11.4 All claims that Modea may have or acquire against the customer in the event of dissolution of the agreement will be immediately and fully due and payable.

Article 11b: 14 days Right of withdrawal / Cooling off period (viewing period)

11b.1: After the buyer has received the product he/she ordered, the buyer has the authority to terminate the underlying agreement with the seller within fourteen (14) calendar days after receipt of this product. The buyer does not have to give a reason for this.

11b.2 If the buyer wishes to terminate the agreement in accordance with Article 11.1 of these conditions, the buyer must notify the seller of this in writing (via e-mail, letter or fax). The buyer must return the product, if there is more than one of the same product, only the entire product, after consultation with the seller, unused and in the original, unopened packaging to the return address determined by the seller: Boomstede 640, 3608 BR in Maarssen, the Netherlands. In this case, the buyer must bear the costs and risk of shipping himself.

11b.3 The cooling-off period does not apply to certain goods and services. This includes products that are manufactured according to the buyer's specifications, such as custom work or with a clearly personal character, as well as products ordered outside the range on special request. Also excluded are products that cannot be returned due to their nature and/or hygienic reasons. This includes specially sealed products or specific lingerie.

11b.3 If the buyer has already made any payments at the time that the buyer has revoked the agreement with the seller pursuant to Articles 11b.1 and 11b.2 of these Purchase Conditions, the seller will make these payments, excluding the paid shipping costs, within fourteen (14) calendar days after the seller has received the product returned by the buyer.

11b.4 The seller reserves the right to refuse returned products or to credit only part of the amount already paid if it is suspected that the product has already been used or due to the fault of the buyer (other than that of the seller or the supplier of the product) is damaged.

11b.5 If a product is returned that, in the opinion of the seller, has suffered damage that is attributable to an act or omission of the buyer or is otherwise at the risk of the buyer, the seller will inform the buyer of this in writing (via e-mail, letter or fax). The seller has the right to deduct the depreciation in value of the product as a result of this damage from the amount to be refunded to the buyer.

Article 12. Disputes

12.1 All disputes (including those that are only considered as such by one of the parties) that may arise between the parties as a result of this agreement or agreements arising from it will be settled by the competent court in the district of the place where the company is established. Modea. If Modea invokes this clause, it will inform the customer of this in writing.

12.2 The customer has the right, within a period of five (5) weeks after sending the written notification referred to in the previous paragraph, to choose the competent court in the district in which the domicile of the customer is settled. customer is located. If the customer exercises this right, he must notify Modea in writing.

12.3 If the buyer is a consumer, paragraph 1 does not apply. In that case, the legal provisions apply to the jurisdiction.

Article 13. Personal data

13.1 The legal regulations regarding the protection of personal data, as laid down in the Personal Data Protection Act/the Personal Data Protection Act, are complied with by Modea. If the customer wants to view, correct or delete his or her personal data, the customer can contact Modea about this. Modea will provide the customer with the desired information or adjust the data file.

13.2 Modea will record the information provided by the customer in a file. This data will only be used for the execution of the customer's order and/or sending the newsletter. The information provided by the customer will not be sold to third parties.