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General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions In these terms and conditions the following terms shall have the following meanings:

Reflection period : the period within which the consumer can make use of his right of withdrawal;
Consumer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day : calendar day;
Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium : any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale 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;
Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.
General Terms and Conditions : these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Email address: support@modevia.nl
Chamber of Commerce number:

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of 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 will be explicitly 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 offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. 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 give rise to compensation or termination 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 accepting the offer. This concerns in particular:
- the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to the import. This arrangement applies if the goods are imported into the EU country of destination, which is also the case in this case. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
- any shipping costs;
- the manner in which the agreement will be concluded and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
- the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of a long-term 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 time the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as 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 will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take 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 distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution 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 the case of a continuing 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 products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has a 14-day reflection period without giving any reason, starting on the day after receipt.
The consumer must handle the product and its packaging with care during the cooling-off period.
When exercising the right of withdrawal, the product must be returned with all accessories and, if possible, in its original condition and packaging.
The consumer must notify the entrepreneur within 14 days of receipt that he wishes to exercise the right of withdrawal and return the product within 14 days.
If the consumer does not act within the specified time limits, the purchase is final.

Article 7 – Costs in case of revocation

Return costs are the responsibility of the consumer.
The entrepreneur will refund the amount paid within 14 days after cancellation, provided that the product has been received or there is proof of shipment.

Article 8 – Exclusion of the right of withdrawal

Exclusion of the right of withdrawal is possible for:
1. Products made to consumer specifications.
2. Clearly personal products.
3. Products that cannot be returned.
4. Products that spoil or age quickly.
5. Products with prices linked to financial market fluctuations.
6. Loose newspapers and magazines.
7. Sealed audio, video recordings and software where the seal has been broken.
8. Hygiene products with broken seal.
Exclusion for services:
1. Accommodation, transport, catering or leisure services on a specific date or period.
2. Services the provision of which has commenced with the consumer's consent before the end of the cooling-off period.
3. Betting and lotteries.

Article 9 – The price

Prices will not be increased within the validity period, except due to changes in VAT rates.
Price changes due to financial market fluctuations are possible.
Price increases within 3 months after the agreement are only permitted by statutory regulations or provisions.
Price increases after 3 months are permitted if the consumer can cancel the agreement in the event of a price increase.
Delivery takes place outside the EU; import VAT or customs clearance costs may be collected by the postal or courier service.
All prices are subject to printing and typographical errors.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products comply with the agreement, specifications, reasonable requirements of soundness and legal provisions and regulations.
Defects or incorrectly delivered products must be reported within 14 days.
The warranty period corresponds to the manufacturer's warranty period.
The warranty does not apply in case of incorrect use or treatment by the consumer.

Article 11 – Delivery and execution

The entrepreneur takes great care when receiving and executing orders.
Orders will be fulfilled within 30 days unless otherwise agreed.
In case of delay or partial delivery, the consumer has the right to terminate the agreement and is entitled to compensation.
In case of impossible delivery, the entrepreneur will offer a replacement article.
The risk of damage and/or loss rests with the entrepreneur until the moment of delivery.

Article 12 – Duration transactions: duration, termination and extension

Agreements for an indefinite period can always be terminated with a notice period of up to one month.
Fixed-term contracts can be terminated at the end of the term with the same notice period.
Extension of fixed-term contracts is possible under certain conditions.
Trial or introductory subscriptions end automatically after the trial period.

Article 13 – Payment

Payments must be made within 7 working days after the start of the cooling-off period.
The consumer must report any inaccuracies in payment details.
In the event of non-payment, the entrepreneur may charge reasonable costs.

Article 14 – Complaints procedure

Complaints must be submitted within 7 days of detection.
Complaints will be handled within 14 days.
Disputes are subject to dispute resolution.
A complaint does not suspend the entrepreneur's obligations.

Article 15 – Disputes

Dutch law applies to agreements.
Disputes will be handled in accordance with Dutch law.