Terms and condition

Article 1 – Definitions

• Reflection Period: The period within which the consumer can exercise their right of withdrawal.
• Consumer: Any natural person who is not acting for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Subscription Agreement: A distance contract for a series of products and/or services, with delivery and/or purchase obligations spread over time.
• Durable Medium: Any tool that allows the consumer or entrepreneur to store information that is directed to them personally in a way that enables future access and unchanged reproduction.
• Right of Withdrawal: The option for the consumer to cancel the distance contract within the reflection period.
• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
• Distance Contract: A contract in which, within the framework of an organized system for distance sales of products and/or services, only one or more means of distance communication are used until the conclusion of the contract.
• Means of Distance Communication: Any method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same place.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Business Name: Modiva.fashion
• Business Address: [Insert Address]
• Chamber of Commerce Number: [Insert KvK Number]
• VAT Identification Number: [Insert VAT Number]
• Email Address: info@modiva.fashion

Article 3 – Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer within the European Union.
• Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
• If the contract is concluded electronically, the text of these terms and conditions may be provided electronically, ensuring that the consumer can store them in an accessible manner.
• If specific product or service conditions apply in addition to these terms, the consumer may rely on the most favorable provision in the event of conflicting terms.
• If one or more provisions of these terms and conditions are void or annulled, the agreement and these terms and conditions will remain in effect, and the provision in question will be replaced by a mutually agreed provision that most closely matches the original.

Article 4 – The Offer

• If an offer is subject to a limited period of validity or conditions, this will be explicitly stated in the offer.
• The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
• The offer contains a complete and accurate description of the products and/or services offered.
• The images used are a true representation of the products and/or services. Minor errors or discrepancies in the images cannot give rise to compensation or cancellation of the agreement.
• The offer clearly states the rights and obligations associated with acceptance, including:

Article 5 – The Agreement

• The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
• If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance.
• If the agreement is concluded electronically, the entrepreneur will ensure appropriate technical and organizational measures for secure data transmission.
• The entrepreneur may, within the legal framework, assess whether the consumer can fulfill their payment obligations.
• If the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or attach special conditions to the agreement.

Article 6 – Right of Withdrawal (EU Compliant)

• The consumer has the right to cancel the agreement without providing any reason within 14 days.
• The reflection period starts the day after the consumer or a designated representative receives the product.
• During the reflection period, the consumer must handle the product and packaging with care.
• To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days via a written or electronic message.
• The consumer must return the product within 14 days after notification.

Article 7 – Costs in Case of Withdrawal

• The costs of returning the products are the consumer's responsibility.
• If the consumer has made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for certain products if clearly stated in the offer. This applies to:

• Products made to consumer specifications.
• Products that are clearly personal in nature.
• Products that cannot be returned due to their nature.
• Products that deteriorate quickly or expire.
• Sealed products that are not suitable for return for health protection or hygiene reasons, and the seal has been broken after delivery.

Article 9 – Pricing

• Prices are listed in Euros (€) and include VAT applicable in the European Union.
• During the validity period stated in the offer, prices will not be increased, except due to changes in VAT rates.
• Price increases after the agreement is concluded are only allowed if they are the result of legal regulations.

Article 10 – Conformity and Warranty

• The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of usability and reliability.
• Any defects must be reported in writing to the entrepreneur within 14 days of delivery.

Article 11 – Delivery and Execution

• The entrepreneur will handle the receipt and execution of product orders with the utmost care.
• The place of delivery is the address provided by the consumer.
• If delivery is delayed, the consumer will be informed within 30 days.

Article 12 – Duration Transactions: Termination and Extension

• The consumer can terminate a subscription agreement at any time with due observance of the agreed cancellation period.
• The entrepreneur may not tacitly extend a fixed-term agreement for more than three months.

Article 13 – Payment

• Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the reflection period.
• Payment methods include credit cards, debit cards, PayPal, and other secure methods supported by the website.

Article 14 – Complaints

• Complaints must be submitted in writing to info@modiva.fashion within 7 days of discovery.
• Complaints will be handled within 14 days of receipt.

Article 15 – Disputes

• These terms and conditions are governed by the laws of the European Union and the Netherlands.

Article 16 – CESOP Compliance

• In compliance with the "CESOP Regulation" effective from 2024, payment service providers may register data in the European CESOP system.

For questions or further information, please contact us at info@modiva.fashion.