General terms of use

ARTICLE 1 - DEFINITIONS

The following definitions apply in these general conditions:

Reflection period: the period during which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act within the scope 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 whose delivery and/or purchase obligation is spread over time;

Durable medium: any means that allows the consumer or entrepreneur to store information addressed personally to them, so that future consultation and unchanged reproduction of the stored information are possible.

Right of withdrawal: the possibility for the consumer to renounce the distance contract during the reflection period;

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

Distance contract: an agreement which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusively uses one or more distance communication techniques up to and including the conclusion of the contract;

Distance communication technique: 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

Divine Mode is operated by Fastshopping, a company registered in the Netherlands. Our business ID is 94701431.

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 of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

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

If, contrary to the previous paragraph and before the conclusion of the distance contract, the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily saved by the consumer on a durable data carrier. If this is not reasonably possible, it shall be stated, before the conclusion of the distance contract, 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.

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

If one or more provisions of these general terms and conditions are, at any time, wholly or partially null or declared null, the contract and these general terms and conditions shall otherwise remain in effect and the provision in question shall be immediately replaced by a provision that most closely approximates the purpose of the original.

Situations 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 validity period or is subject to conditions, this is expressly stated in the offer.

The offer is non-binding. The contractor 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 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 do not bind the entrepreneur.

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

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

Each offer contains information so that it is clear to the consumer what rights and obligations are related to accepting the offer. This specifically concerns:

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

any shipping costs;

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

the existence or non-existence of a right of withdrawal;

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

the acceptance period of the offer or the period within which the entrepreneur guarantees the price;

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

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

how the consumer can, before concluding the contract, verify and, if applicable, retrieve the data they have provided in the context of the contract;

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

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

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

ARTICLE 5 - THE AGREEMENT

Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.

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

The entrepreneur may - within the legal framework - inquire about the consumer's ability to fulfill their payment obligations, as well as all important facts and factors for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or require justification or to attach special conditions to its execution.

The entrepreneur sends the following information to the consumer with the product or service, in writing or in a way that the consumer can keep it accessible on a durable data medium:

  1. the visiting address of the entrepreneur's establishment to which the consumer can address their complaints;
  2. the conditions under which and how the consumer can exercise their right of withdrawal or a clear statement on the exclusion of the right of withdrawal;
  3. information on existing warranties 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 the execution of the contract;
  5. the conditions for terminating the contract, if it has a duration of more than one year or is indefinite.

 

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

All contracts are concluded subject to the condition of sufficient availability of the products concerned.

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 reflection period starts 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 reflection period, the consumer will handle the product and packaging with care. They will 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 will return the product to the entrepreneur with all its accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions of the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do so by a written message / email. Once the consumer has indicated 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 within the deadline, for example by providing proof of shipment.

If, at the expiration 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 CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs of returning the products are 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 the withdrawal. The condition is that the product has already been recovered 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 time for the conclusion of the contract.

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

  1. which have been created by the entrepreneur according to the consumer's specifications;
  2. which are clearly of a personal nature;
  3. which, by their nature, cannot be returned;
  4. which can 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 the consumer has broken.
  8. for hygiene products whose seal the consumer has broken.

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

  1. accommodation, transport, catering or leisure activities intended to be carried out at a specific time or during a specific period;
  2. whose delivery has begun, with the express consent of the consumer, before the expiration of the reflection period;
  3. concerning bets and lotteries.

ARTICLE 9 - THE PRICE

During the validity period indicated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.

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

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

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

  1. which result from legal or regulatory provisions; or
  2. The consumer has the right to terminate the contract with effect from the date the price increase comes into force.

The place of delivery, based on Article 5, paragraph 1, of the 1968 turnover tax law, is located in the country where the transport begins. In this case, this delivery takes place outside the EU. Then, the postal service or courier service collects VAT on import or customs clearance fees from the customer. Therefore, no VAT is charged by the contractor.

All prices are subject to printing and composition errors. No liability is assumed for the consequences of printing and composition errors. In case of printing and composition errors, the contractor is not obliged to deliver the product at the incorrect price.

 

ARTICLE 10 - COMPLIANCE AND WARRANTY

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

A warranty from the contractor, manufacturer, or importer does not affect the legal rights and remedies that the consumer may assert against the contractor based on the contract.

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

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for each particular application by the consumer or for any advice regarding 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 are handled otherwise without precaution or contrary to the contractor's instructions and/or have been treated on the packaging;

Non-compliance results, in whole or in part, from rules that the government has set or will set regarding the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND EXECUTION

The contractor will take the greatest care in receiving and executing product orders.

The place of delivery is the address that the consumer has communicated to the company.

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

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 placing the order. In this case, the consumer has the right to terminate the contract without costs and is entitled to compensation.

In case of termination 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 the delivery of an ordered product proves impossible, the entrepreneur will do everything possible to provide a replacement item. At the latest at the time of delivery, it is clearly and understandably indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return are borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or to a representative known to the entrepreneur, unless otherwise expressly agreed.

ARTICLE 12 - FORWARD TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION

Termination

The consumer may terminate at any time a contract concluded for an indefinite period and concerning the regular supply of products (including electricity) or services, subject to compliance 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 towards the end of the fixed term, respecting 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 period;

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

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

Extension

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

Unlike the previous paragraph, a contract concluded for a fixed period and concerning the regular supply of daily newspapers and magazines, news and weekly publications may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this 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 period concerning the regular supply of products or services can only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract concerns the agreed, but less than once a month, with dailies, newspapers, weeklies, and magazines.

A fixed-term agreement for the regular distribution of daily newspapers, news journals, weeklies, and magazines (trial or launch subscription) does not continue tacitly and automatically ends after the trial or launch 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 duration.

ARTICLE 13 - PAYMENT

Unless otherwise agreed, amounts due by the consumer are paid within seven working days from the start of the reflection period referred to in Article 6, paragraph 1. In the case of a contract concerning the provision of a service, this period starts after the consumer has received confirmation of the contract.

The consumer is obliged to immediately communicate to the entrepreneur any inaccuracies in the payment data indicated or provided.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable fees communicated in advance to the consumer.

ARTICLE 14 - APPEAL PROCEDURE

Complaints regarding the execution of the contract must be addressed to the entrepreneur in a complete and clearly described manner within 7 days of the consumer discovering the defects.

Complaints addressed to the entrepreneur will be processed within 14 days from the date of receipt. If a claim requires a longer foreseeable 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 claim cannot be resolved amicably, a dispute arises and may be subject to settlement.

A claim does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

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

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 accepting SMS marketing from Chic Parisien 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 requests for reviews from us, even if your mobile phone number is registered on a state or federal government 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 unsubscribe methods, such as using other words or requests, are not considered proper unsubscribe methods. We do not charge for the service, but you are responsible for all costs and fees charged by your mobile carrier for text messages. Messaging and data rates may apply.

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

We reserve the right to change at any time the phone numbers or short codes we use for the operation of the service. In such cases, you will be notified. You agree that messages you send to a phone number or short code 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 failure, delay, or incorrect delivery of information sent through the Service, errors in such information, and/or actions you take or fail to take relying 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.