Ogólne warunki

GENERAL CONDITIONS

 

Article 1 – Definitions


In these terms and conditions the following definitions apply:

  • Withdrawal period: the period during which the consumer has the right to exercise the right of withdrawal;

  • Consumer: a natural person acting for purposes not directly related to his or her business or professional activity, concluding a distance contract with an entrepreneur;

  • Day : calendar day;

  • Contract of indefinite duration : a distance contract relating to a set of goods and/or services in which the delivery and/or payment obligations are spread over time;

  • Durable information medium – a means enabling the consumer or entrepreneur to store information in a way that allows its later reproduction in an unchanged form;

  • Right of withdrawal : the right of the consumer to withdraw from a distance contract within a specified period;

  • Entrepreneur : a natural or legal person who offers goods and/or services to consumers on the basis of a distance contract;

  • Distance contract: a contract within an organised distance sales system operated by a trader, in which goods and/or services are offered exclusively using one or more means of distance communication until the contract is concluded;

  • Means of distance communication – any means enabling the conclusion of a contract without the simultaneous physical presence of the consumer and the entrepreneur in the same place;

  • General Terms and Conditions: general terms and conditions applicable to the entrepreneur.

Article 2 – Identity of the entrepreneur

Traffic Number: 90533593
NIP: NL004824373B50
Siedziba Modiva: Burgemester Manderslaan 66, Zundert, Netherlands
Company: Trade

Article 3 – Application

These general terms and conditions apply to every offer made by the entrepreneur and to every distance selling contract and every order concluded between the entrepreneur and the consumer.

Before concluding a distance selling contract, the consumer must obtain written access to these General Terms and Conditions. If this is not possible, the trader must inform the consumer where these General Terms and Conditions can be viewed at the trader's registered office and that they will be sent to the consumer free of charge upon request.

If the contract is concluded electronically, the text of the General Terms and Conditions may be made available to the consumer in electronic form, enabling its storage on a durable data carrier. If this is not possible, the consumer must be informed before concluding the contract of the location where these General Terms and Conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.

If a specific product or service is subject to these general commercial regulations, the provisions of paragraphs 2 and 3 shall also apply. In the event of a discrepancy between the provisions of the regulations, the consumer has the right to invoke the provision that is more favorable to him.

If one or more provisions of these general terms and conditions are or become invalid or unenforceable, the remaining provisions will remain in effect. The invalid provision will be replaced by a provision that most closely reflects its intent.

Situations not regulated in these general terms and conditions will be dealt with "in accordance with the spirit" of these general terms and conditions.

Any ambiguities in the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted "in accordance with their wording".

Article 4 – Offer

If an offer has a limited validity period or is subject to special conditions, this must be clearly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to change or adapt it.

The offer must include a full and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable the consumer to make a fair assessment of the offer. If the trader uses images, they must faithfully represent the products and/or services offered. Obvious errors or omissions in the offer are not binding on the trader.

All photos, specifications and information contained in the offer are for illustrative purposes only and cannot constitute grounds for claims for damages or withdrawal from the contract.

Product photos should realistically represent the items offered, but the entrepreneur does not guarantee that the colors displayed on the screen exactly match the actual colors of the products.

Each offer contains the information necessary for the consumer to become familiar with his or her rights and obligations in the event of its acceptance, including in particular:

  • The price does not include customs duties and import VAT. These costs are the responsibility of the customer. Postal and/or courier services apply special customs procedures for imports into an EU country – as in this case. The recipient will be charged VAT in addition to the customs duties.

  • Possible delivery costs.

  • How to conclude a contract and the required steps.

  • Information on whether you have the right to withdraw from the contract.

  • Methods of payment, delivery and contract execution.

  • Validity period of the offer or guaranteed price.

  • Additional costs for distance communication are different from the standard rate.

  • Will the contract be archived after its conclusion and how will the consumer be able to access it?

  • How can a consumer check and correct their data before concluding a contract?

  • Availability of languages other than Dutch in which the contract can be concluded.

  • Codes of conduct to which the entrepreneur is obliged and the method of accessing them electronically.

  • Minimum duration of a distance contract in the case of a contract concluded for an indefinite period.

  • (Optional) sizes, colors and materials available.

Article 5 – Agreement

Unless otherwise stated in Article 4, the contract is deemed to have been concluded upon acceptance of the offer by the consumer and fulfilment of the specified conditions.

If the consumer accepts the offer electronically, the trader will immediately confirm receipt of this acceptance electronically. Until the trader confirms acceptance of the offer, the consumer has the right to withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to protect data transmission and ensure a secure online environment. In the case of electronic payments, appropriate security measures will be taken.

The trader has the right, within the limits of the law, to verify whether the consumer is able to fulfill their payment obligations and to assess other relevant factors affecting the possibility of concluding a contract. If such an assessment reveals legitimate grounds for refusing to conclude a contract, the trader may refuse to fulfill the order or specify the terms of fulfillment – justifying this.

When delivering a product or service, the entrepreneur will provide the consumer with the following information in writing or on a durable medium:

  • Contact address of the entrepreneur to which the consumer can submit complaints.

  • Conditions for exercising the right of withdrawal or information on its exclusion.

  • Information about warranty and after-sales service.

  • Information listed in Article 4(3), unless already provided.

  • Conditions for terminating a contract concluded for a period longer than one year or for an indefinite period.

In the case of fixed-term contracts, the above applies only to the first delivery.

All contracts are subject to product availability.

Article 6 – Right of withdrawal

When purchasing products, consumers have the right to withdraw from the contract without giving any reason within 14 days. This period begins on the day following receipt of the product by the consumer or their designated representative.

During the withdrawal period, the consumer should handle the product and its packaging with care. The product may only be opened or used to the extent necessary to determine whether the consumer wishes to keep it. In the event of withdrawal, the consumer must return the product with all accessories, in its original condition and packaging, if possible in accordance with clear and reasonable instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader in writing or by email. After expressing their wish to withdraw from the contract, the product must be returned within 14 days. The consumer must be able to prove that the product was returned within the deadline, for example by providing proof of postage. If the consumer fails to notify the trader of their withdrawal or fails to return the product within the deadlines specified in points 2 and 3, the purchase will be void.

Article 7 – Costs related to withdrawal from the contract

If the consumer exercises the right to withdraw from the contract, he or she shall bear the costs of returning the product.

If the consumer has made any payment, the entrepreneur will refund it to him immediately, no later than 14 days from the day on which he exercised the right to withdraw from the contract, provided that the product has been returned or the consumer has provided credible proof of its return.

Article 8 – Exclusions from the right of withdrawal

The entrepreneur may exclude the right of withdrawal from the contract in the case of products listed in points 2 and 3. This exclusion only applies if the entrepreneur has expressly informed the consumer of this in the offer and in any case before the conclusion of the contract.

The right of withdrawal does not apply to products:

  • made to consumer specifications;

  • having a clearly individual character;

  • which, due to their nature, cannot be returned;

  • that spoil quickly or have a short shelf life;

  • the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;

  • covering specific newspapers and magazines;

  • being sound or image carriers or computer software, if the consumer has removed their security features;

  • which are hygiene products whose packaging has been opened by the consumer.

The right of withdrawal does not apply in the case of services:

  • relating to accommodation, transport, catering or recreational services to be provided on a specific date or period;

  • which began with the express consent of the consumer before the expiry of the withdrawal period;

  • related to games of chance and lotteries.

Article 9 – Prices

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

Contrary to the previous point, a trader may offer products or services at variable prices if they are subject to fluctuations in the financial markets beyond the trader's control. The offer will clearly state that prices are subject to market fluctuations and are indicative.

Price increases within 3 months of concluding the contract are only permissible if they result from changes in legal regulations.

Price increases after 3 months from the conclusion of the contract are only permissible if they have been foreseen by the entrepreneur and:

  • result from changes in laws or regulations;

  • The consumer has the right to withdraw from the contract from the date the increase comes into effect.

According to Article 5(1) of the Dutch VAT Act of 1968, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU, which means that the postal or courier company will charge the customer VAT and/or customs duties. Therefore, the trader does not charge VAT.

All prices may contain printing errors. The entrepreneur is not liable for the consequences of obvious pricing errors. In the event of an obvious error, the entrepreneur is not obligated to deliver the product at the incorrectly stated price.

All prices may contain printing errors. The entrepreneur is not liable for the consequences of obvious pricing errors. In the event of an obvious error, the entrepreneur is not obligated to deliver the product at the incorrectly stated price.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications provided in the offer, reasonable requirements of reliability and/or suitability, and applicable legal provisions at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

The warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer's statutory rights and claims against the entrepreneur arising from the contract.

Defects or irregularities in the delivery of products must be reported to the entrepreneur in writing within 14 days of receipt. The product must be returned in its original packaging and unused.

The warranty period provided by the trader corresponds to the manufacturer's warranty period. However, the seller is not responsible for the ultimate suitability of the product for a specific use by the consumer or for any advice regarding product use.

The warranty does not apply if:

  • The consumer has repaired or modified the product himself or has had the product repaired or modified by a third party;

  • The products have been used in abnormal conditions, handled incorrectly or used contrary to the instructions or information on the packaging;

  • The defect is due in whole or in part to regulations (current or future) regarding the properties or quality of the materials used.

Article 11 – Delivery and Fulfillment

The entrepreneur makes every effort to accept and fulfill orders for products.

The delivery address is the address provided to the entrepreneur by the consumer.

Pursuant to § 4 of these General Terms and Conditions, the entrepreneur will fulfill accepted orders promptly, no later than 30 days, unless a longer period has been agreed. In the event of a delay in delivery or the impossibility of fulfilling the order in whole or in part, the consumer will be informed thereof no later than 30 days after placing the order. In such a case, the consumer has the right to withdraw from the contract free of charge, without any right to compensation.

In the event of withdrawal from the contract in accordance with the previous point, the entrepreneur will refund the amount paid to the consumer as soon as possible, but no later than 14 days from the date of withdrawal from the contract.

If the ordered product cannot be delivered, the entrepreneur may offer a replacement product. The consumer will be clearly informed of the delivery of the replacement product at the latest upon delivery. The right of withdrawal cannot be excluded in the case of replacement products. The entrepreneur will bear the costs of returning the replacement product.

The risk of damage and/or loss of the product only passes to the consumer upon delivery of the product to him or a third party designated by him, unless expressly agreed otherwise.

Article 12 – Duration of the contract: Term, termination and extension

Termination of the contract:
The consumer may terminate a contract concluded for an indefinite period, covering the regular supply of goods (including electricity) or services, at any time, subject to the agreed termination terms and a maximum notice period of one month.
The consumer may terminate a contract concluded for a fixed period, covering the regular supply of goods (including electricity) or services, after the expiry of that period.
The consumer may terminate a contract concluded for a fixed period, covering the regular supply of goods (including electricity) or services, after the expiry of that period, subject to the applicable termination terms and a maximum notice period of one month.

The consumer may withdraw from the contract in accordance with the above:

  • at any time, without having to meet a specific deadline or for any particular reason;

  • in the same manner as the contract was concluded;

  • with the same notice period as the entrepreneur himself stipulated.

Extension
A fixed-term contract for the regular supply of goods (including electricity) or services may not be automatically extended or renewed for a fixed period.


Exception: A contract for the regular supply of daily newspapers, weeklies or magazines may be automatically extended for a maximum period of three months, and the consumer may terminate such a contract after the expiry of the extended period with a notice period of a maximum of one month.

 

A fixed-term service contract for the regular delivery of goods or services cannot be automatically extended for an indefinite period unless the consumer can terminate it at any time with a notice period of no more than one month. In the case of newspaper or magazine subscriptions less frequently than once a month, the notice period cannot exceed three months.


A contract for the regular delivery of newspapers or magazines as part of an introductory subscription (trial subscription or welcome offer) cannot be automatically extended and expires automatically at the end of the introductory period.

Duration
In the case of contracts concluded for a period longer than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, unless the earlier termination is unjustified or unreasonable.

Article 13 – Payment

Unless otherwise agreed, the consumer's obligations must be settled within 7 business days of the commencement of the withdrawal period referred to in Article 6(1). In the case of a service contract, this period begins upon the consumer receiving confirmation of the contract.
The consumer is obligated to immediately inform the entrepreneur of any errors in the payment details provided or recorded.
In the event of non-payment, the entrepreneur is entitled, in accordance with applicable law, to demand reimbursement of reasonable costs from the consumer, provided these have been clearly specified in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract should be reported to the entrepreneur within 7 days from the date the consumer notices the defect, and the complaint should be complete and clearly described.


The entrepreneur will respond to the complaint within 14 days of receiving it. If the complaint requires a longer time to be resolved, the entrepreneur will inform the consumer within 14 days, providing an estimated response time.


If the parties fail to reach an agreement, a dispute will arise which must be resolved in accordance with the applicable dispute resolution procedure.


Submitting a complaint does not release the entrepreneur from the obligation to perform the contract, unless the entrepreneur expressly confirms this in writing.


If the entrepreneur considers the complaint justified, the entrepreneur will, at his discretion, replace the product with a defect-free one or repair it free of charge for the consumer.

Article 15 – Returns at Modiva Warsaw

At Modiva Warsaw, we make every effort to ensure your satisfaction with your purchase. If the product does not meet your expectations, you have the right to withdraw from the contract within 14 days of receipt.

➤ Return address

All returns should be sent to the following address:

Recipient: MODIVA (ORDER NUMBER XXXX)
Mobile: +86 15336508750
Address: No. 2, Floor 7, Building 4, Xiaopeng Motors, No. 300, Beiyuan Road, Beiyuan Street
Postal code: 322000
City: Yiwu
Zhejiang Province
Country: China

Important return conditions:

  • Return shipping costs are always covered by the customer. They typically range from 200 to 400 PLN.

  • The product must be in its original condition: unused, unwashed and, if possible, in its original packaging.

  • All returns must be shipped via DDP (Delivered Duty Paid). This means that all import duties, taxes, and shipping fees must be paid in full by the shipper.
    Returns shipped via any method other than DDP may become stuck in customs and not be delivered to us, meaning they will not be eligible for refunds or exchanges. Only successfully delivered returns will be processed.

  • Returns must be sent with a tracking number (track & trace).

  • The customer is responsible for return shipping. Unfortunately, we cannot provide compensation for items lost or damaged in transit.

  • Refunds will only be issued after the returned goods have been received and inspected in our warehouse.

Have questions about the returns process?

Contact us: info@modivawarszawa.com

Article 16 – Endivo x Modiva: Scandinavian elegance, Dutch quality

Modiva, known for its minimalist and sophisticated fashion, collaborates with Betrahan, headquartered at Burgemeester Manderslaan 66 in Zundert. From the Netherlands, we join forces to create exclusive collections and carefully select high-quality materials. Together, we deliver timeless style and craftsmanship to an international audience.

Siedziba Modiva: Burgemeester Manderslaan 66, Zundert, Holandia
Firma: Betrahan