Terms and Conditions

 

Terms and Conditions

Article 1 – Definitions In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract concerning a series of products and/or services, whose delivery and/or purchase obligation is spread over time;
• Durable data carrier: any means that enables the consumer or entrepreneur to store information directed personally at them in such a way that future consultation and unchanged reproduction of the stored information is possible.
• 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: a contract where, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, the contract is concluded exclusively using one or more techniques for remote communication;
• Remote communication technique: a method that can be used to conclude an agreement without the consumer and entrepreneur meeting in the same location at the same time.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

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

Article 3 – Applicability

• These terms and conditions apply to any offer by the entrepreneur and to every distance contract and order 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 reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.
• If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically, in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.
• If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs will apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
• If one or more provisions in these general terms and conditions are fully or partially void or annulled, the agreement and these conditions will remain in effect, and the relevant provision will be replaced by a provision that closely resembles the original intent of the provision in mutual agreement.
• Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
• Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions should be explained in the spirit of these general terms and conditions.

Article 4 – The offer

• If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
• The offer is non-binding. The entrepreneur is entitled to change or adjust the offer.
• The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make a well-founded judgment about the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
• All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the contract.
• Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
• Each offer contains information such that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes, in particular:
  • the price, excluding customs clearance costs and VAT; these additional costs will be borne by the consumer. The postal or courier service will use the special arrangement for postal and courier services if the goods are imported into the EU country of destination. The postal or courier service will collect the VAT (possibly along with the customs clearance fees) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required for this;
  • whether the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the rate for communication via remote communication if the costs of using the remote communication technique are based on something other than the regular base rate for the used communication method;
  • whether the contract is archived after conclusion, and if so, how it can be accessed by the consumer;
  • how the consumer can check and, if desired, correct the data provided in the context of the contract before concluding the agreement;
  • any other languages in which, in addition to Dutch, the contract can be concluded;
  • the codes of conduct the entrepreneur adheres to and how the consumer can access these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a duration transaction. Optional: available sizes, colors, and types of materials.