General terms of use

ARTICLE 1 - DEFINITIONS

The following definitions apply in these general terms and conditions:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and who concludes a distance contract with the entrepreneur;

Fixed-term transaction: a distance contract relating to a series of products and/or services for which the obligation to deliver and/or purchase is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information are possible.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement that, within the framework of an organized system arranged by the entrepreneur for the distance sale of products and/or services, makes exclusive use of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur having met simultaneously in the same space.

General terms and conditions: these general terms and conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Mode Divine 

Store name: Mode Divine
Address: Kroonwerk 32, Nijkerk, Gelderland 3862 NB, Netherlands

E-Mail: info@modedivine.com
Telephone: +31645181153

Opening Hours:
Monday - Friday: 8:00 - 18:00
Saturday and Sunday: 10:00 - 16:00

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer from the entrepreneur and to every contract and distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If, contrary to the preceding paragraph and before the distance contract is concluded, the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to easily save it on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or by any other means at the consumer's request.

If, in addition to these general terms and conditions, certain conditions relating to the products or services apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are, at any time, wholly or partially void or declared void, the contract and these general terms and conditions will otherwise remain in force, and the provision in question will immediately be replaced by a provision that comes as close as possible to the objective of the original.

Situations that are not governed by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Any ambiguity concerning the explanation or content of one or more provisions of our general terms and conditions must 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 subject to conditions, this is expressly stated in the offer.

The offer is non-binding. The entrepreneur has the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a reasonable assessment of the

consumer's offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious errors or manifest mistakes in the offer are not binding on the entrepreneur.

All images and specifications provided in the offer are indicative and cannot give rise to compensation or termination of the contract.

The images accompanying the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains information such that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service will benefit from the special scheme applicable to postal and courier services with regard to imports. This scheme applies when the goods are imported into the Union country of destination, which is the case here. The postal and/or courier service collects the VAT (whether or not collected at the same time as the customs clearance costs charged) from the recipient of the goods;

any shipping costs;

how the agreement is concluded and the steps necessary for this purpose;

whether or not there is a right of withdrawal;

the method of payment, delivery and performance of the contract;

the period for accepting the offer or the period during which the entrepreneur guarantees the price;

the amount of the charge for distance communication, if the cost of using the distance communication technique is calculated on a basis other than the regular basic rate applicable to the means of communication used;

whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;

how the consumer can, before concluding the contract, check and, where applicable, retrieve the data they have provided in connection with the contract;

any other language in which the contract may be concluded in addition to Dutch;

the codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a transaction involving a duration. Optional: available sizes, colors, type of materials.

ARTICLE 5 - THE AGREEMENT

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and the conditions stipulated therein are fulfilled.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. Until the entrepreneur has confirmed receipt of this acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may - within the legal framework - inquire into the consumer's ability to fulfill their payment obligations, as well as all facts and factors important for responsibly concluding the distance contract. If, based on this inquiry, the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or require justification for it, or make its execution subject to special conditions.

The entrepreneur shall provide the consumer with the following information together with the product or service, in writing or in a form that allows the consumer to store it accessibly on a durable data medium:

  1. the address of the entrepreneur's establishment that the consumer may visit to submit complaints;
  2. the conditions under which and how the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  3. information about existing guarantees and after-sales services;
  4. the information contained in Article 4, paragraph 3, of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before performing the contract;
  5. the conditions for terminating the contract, if it has a term of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision of the preceding paragraph applies only to the first delivery.

Every contract is concluded subject to the suspensive condition that the products concerned are sufficiently available.

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to terminate the contract without giving a reason within 14 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product to the entrepreneur with all accessories and - if reasonably possible - in its original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so by written message / email. Once the consumer has notified the entrepreneur that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered product was returned on time, for example by providing proof of shipment.

If, upon expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible and no later than 14 days after withdrawal. The condition is that the product has already been received by the owner of the online store or that conclusive proof of the complete return can be provided.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the

the entrepreneur has clearly stated this in the offer, at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

  1. which have been created by the entrepreneur in accordance with the consumer's specifications;
  2. which are clearly personal in nature;
  3. which, by their nature, cannot be returned;
  4. which may deteriorate or age quickly;
  5. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer.
  8. for hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for services:

  1. accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specified period;
  2. whose delivery has begun, with the consumer's express consent, before the expiry of the cooling-off period;
  3. with regard to betting and lotteries.

ARTICLE 9 - THE PRICE

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market over which the entrepreneur has no influence, at variable prices. This obligation to fluctuate and the fact that the prices stated are indicative prices are mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are permitted only if they are based on statutory or regulatory provisions.

Price increases from 3 months after the conclusion of the contract are permitted only if the entrepreneur has agreed to this and:

  1. arising from statutory or regulatory provisions; or
  2. The consumer has the right to terminate the contract effective from the date on which the price increase takes effect.

The place of delivery, based on Article 5, paragraph 1, of the 1968 Turnover Tax Act, is located in the country where transport begins. In this case, the delivery takes place outside the EU. The postal or courier service then collects import VAT or customs clearance fees from the customer. Consequently, no VAT is charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not required to deliver the product at the incorrect price.

 

ARTICLE 10 - COMPLIANCE AND WARRANTY

The entrepreneur guarantees that the products and / or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and / or usability, and the legal provisions and / or government regulations in force at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and remedies that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the products' ultimate suitability for each particular application by the consumer or for any advice relating to the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have been handled in another manner without due care or contrary to the entrepreneur's instructions and / or have been handled on the packaging;

The non-conformity results in whole or in part from rules that the government has established or will establish concerning the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND EXECUTION

The entrepreneur shall exercise the utmost care when receiving and executing orders for products.

The delivery address is the address that the consumer has provided to the company.

In accordance with the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order was placed. In this case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.

If the contract is terminated in accordance with the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. No later than at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. The right of withdrawal may not be excluded for replacement items. Any return costs 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 to a representative known to the entrepreneur, unless expressly agreed otherwise.

ARTICLE 12 - FIXED-TERM TRANSACTIONS: TERM, TERMINATION AND EXTENSION

Termination

The consumer may terminate at any time a contract concluded for an indefinite term and concerning the regular supply of products (including electricity) or services, in accordance with the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a contract concluded for a fixed term and concerning the regular supply of products (including electricity) or services at any time toward the end of the fixed term, in accordance with the agreed termination rules and a notice period not exceeding one month.

In the agreements referred to in the preceding paragraphs, the consumer may

terminate at any time and not be limited to termination on a specific date or during a specific period;

terminate in at least the same manner as they received them;

Always terminate with the same notice period as the one the entrepreneur has set for themselves.

Extension

A contract concluded for a fixed term and concerning the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Unlike the preceding paragraph, a contract concluded for a fixed term and concerning the regular supply of daily newspapers, news publications and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate the extended contract at the end of the renewal period with a notice period of no more than one month.

A contract concluded for a fixed term and concerning the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract concerns supplies made less than once a month, such as daily newspapers, newspapers, weekly newspapers and magazines.

A fixed-term agreement for the regular distribution of daily newspapers, news papers and weekly newspapers and magazines (trial or introductory subscription) does not continue tacitly and ends automatically after the trial or introductory period.

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If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

ARTICLE 13 - PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within seven business days from the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details stated or provided.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to statutory restrictions, to charge the reasonable costs communicated to the consumer in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

Complaints concerning the performance of the contract must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer discovers the defects.

Complaints addressed to the entrepreneur will be handled within 14 days of the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur will respond within the 14-day period by sending an acknowledgment of receipt and indicating when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises and may be subject to settlement.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 15 - DISPUTES

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer lives abroad.

ARTICLE 16 - SMS MARKETING

By opting in to Mode Divine SMS marketing at checkout and initiating a purchase or signing up through our subscription tools, you agree to receive recurring SMS alerts (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including review requests from us, even if your mobile phone number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from SMS marketing messages and notifications, reply STOP to each mobile message we send you or use the unsubscribe link we provide in each of our messages. You understand and agree that other methods of unsubscribing, such as using other words or requests, are not considered appropriate unsubscribe methods. We do not charge for the service, but you are responsible for all costs and fees charged by your mobile phone carrier for text messages. Messaging and data rates may apply.

If you have any questions, please text HELP to the number from which you received the messages. You may also contact us at (https://www.modedivine.com/pages/contact) for further information.

We reserve the right to change the telephone numbers or short codes we use to operate the service at any time. In such cases, you will be notified. You agree that messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received, and we are not responsible for fulfilling requests made in those messages.

To the extent permitted by law, you agree that we are not responsible for the failure, delay, or misdelivery of information sent through the Service, errors in that information, and/or actions you take or fail to take in reliance on the information or the Service.

Your right to data protection is important to us. You can consult our privacy policy (https://www.modedivine.com/pages/politique-de-confidentialite) to learn how we collect and use your personal data.