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General terms and conditions

Article 1 – Definitions

In these general terms and conditions the following terms are understood to mean:

  • Reflection period: the period within which the consumer can make use of his right of withdrawal;

  • Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

  • Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;

  • Right of withdrawal: the option 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: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;

  • Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;

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

Addition:

  • Cooling-off Period: the period during which the consumer can make use of the right of withdrawal;

  • Ongoing Contract: a distance contract relating to a series of products or services with obligations over a longer period;

  • CESOP: the Central Electronic System for Payment Information introduced by the EU to monitor payment service providers.

 

 

Article 2 – Identity of the entrepreneur

Company name: Modish Muse Chamber of Commerce number: Trade name: Modish Muse VAT number: Customer service email address: info@ModishMuse.nl Visiting address:




Addition: The entrepreneur operates as a dropshipping business and delivers products directly from suppliers outside the EU to consumers within the EU. All deliveries are made under the Delivered At Place (DAP) delivery term, also known as Delivered Duty Unpaid (DDU) according to Incoterms 2020. This means that the consumer acts as the importer of the goods and is responsible for paying import VAT, customs duties, and any customs clearance fees upon delivery to the destination country. The entrepreneur does not act as the importer of the goods and does not have any physical inventory within the EU. Legal ownership of the goods transfers to the consumer when the shipment is handed over to the carrier.


 

 

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.

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

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer can always invoke the provision most favourable to him.

If any provision in these terms and conditions is or becomes null and void at any time, in whole or in part, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these terms and conditions.

 

 

Article 4 – The offer

If an offer has a limited period of validity or is made subject to 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. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes are not binding on the entrepreneur.

All images and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, including:

  • The price, excluding customs charges and import VAT (these are borne by the customer when importing into the EU);

  • Any shipping costs;

  • The manner in which the agreement is concluded and the actions required for this;

  • Whether the right of withdrawal applies;

  • The method of payment, delivery and execution of the agreement;

  • The period for accepting the offer or the period within which the entrepreneur guarantees the price;

  • The amount of the rate for distance communication, if this is different from the basic rate;

  • Whether the agreement is archived after it has been concluded, and if so, how it can be consulted by the consumer;

  • The manner in which the consumer can check and, if necessary, correct the information provided by him before concluding the agreement;

  • The possible languages in which the agreement can be concluded;

  • The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can view these electronically;

  • The minimum duration of the distance contract in the event of a long-term transaction;

  • Optional: available sizes, colors and material types.

Addition: The offer clearly states that orders are shipped under DAP/DDU terms and that the customer acts as the importer. Any import duties, VAT, and customs charges are always the customer's responsibility.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. Until receipt is confirmed, the consumer can cancel the agreement.

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

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations and all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order with reasons or to attach special conditions to it.

The entrepreneur will send the following information to the consumer with the product or service:

  • The visiting address of the entrepreneur's establishment where the consumer can go with complaints;

  • The conditions and manner in which the consumer can exercise the right of withdrawal;

  • Information about warranties and existing after-sales service;

  • The data included in Article 4 paragraph 3 of these terms and conditions;

  • The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

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

Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

 

 

Article 6 – Right of withdrawal

When purchasing products, consumers have the right to cancel the agreement without giving reasons within 14 days. This period begins on the day after the product is received by the consumer, or a third party designated by the consumer in advance and made known to the entrepreneur.

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

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur in writing or by email within 14 days of receiving the product. They must return the product within 14 days of this notification. The burden of proof for timely return lies with the consumer.

If the consumer has not exercised his right of withdrawal within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Exception – Hygiene Products: For items such as lingerie, bodysuits, bikinis and other products that come into direct contact with the body or intimate areas, additional conditions for returns apply.

These products should only be tried on over clean underwear and not worn directly on the skin. Returns are only possible if the item is completely unworn, unwashed, and in its original condition, free of signs of wear, such as:

  • Stains,

  • Odors (e.g. perfume or body odor),

  • Stretched material or visible wear,

  • Missing labels or damaged packaging.

If upon inspection after return it appears that the item is no longer in a saleable condition, we reserve the right to:

  • To refuse the return, or

  • To apply a depreciation in accordance with Article 6:230s paragraph 2 of the Dutch Civil Code.

 

 

Article 7 – Costs in case of revocation

If the consumer exercises his right of withdrawal, the costs of return shipment will be at his expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, at the latest within 14 days after cancellation - provided that the product has already been returned or the consumer can provide proof of shipment.

 

 

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the right of withdrawal for products as mentioned in paragraphs 2 and 3, provided that this is clearly stated in the offer, at least in good time before the conclusion of the agreement.

Exclusion is possible for products:

  • Which are manufactured according to consumer specifications;

  • Which are clearly personal in nature;

  • Which by their nature cannot be returned;

  • Which can spoil or become outdated quickly;

  • With price subject to fluctuations in the financial market beyond the entrepreneur's control;

  • For individual newspapers or magazines;

  • For audio or video recordings and computer software where the seal has been broken;

  • For hygiene products where the seal has been broken.

Exclusion is possible for services:

  • Regarding accommodation, transport, catering or leisure activities on a specific date;

  • Which have commenced with the express consent of the consumer before the end of the cooling-off period;

  • In connection with betting and lotteries.

 

 

Article 9 – The price

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

By way of exception, products or services whose price is subject to fluctuations on the financial market may be offered with variable prices.

Price increases within 3 months of the agreement's conclusion are only permitted as a result of statutory regulations.

Price increases after 3 months are only permitted if this has been agreed and the consumer is allowed to cancel the agreement.

Delivery takes place outside the EU. Any import duties and VAT are the responsibility of the recipient.

All prices are subject to typographical errors. In the event of errors, the entrepreneur is not obligated to supply the product at the incorrect price.

 

 

Article 10 – Conformity and warranty

The entrepreneur guarantees that products/services comply with the agreement, the offer, reasonable requirements of soundness and usability and legal provisions at the time of conclusion.

Any warranty does not affect the consumer's statutory rights.

Any defects must be reported in writing within 14 days of delivery.

The warranty does not apply if:

  • The consumer has made changes;

  • The product has been handled improperly;

  • Damage is caused by government regulations regarding materials or composition.

 

 

Article 11 – Delivery, execution and customs responsibility

  1. The entrepreneur will take the utmost care when receiving and executing orders.

  2. The delivery address is the address provided by the consumer. The consumer is responsible for providing correct and complete address information.

  3. Delivery will take place within 30 days, unless otherwise agreed. In the event of a delay or impossibility of delivery, the consumer will be informed in a timely manner. In that case, the consumer has the right to cancel the agreement free of charge. In the event of cancellation, the paid amount will be refunded within 14 days.

  4. The risk of damage or loss of products lies with the entrepreneur until the moment of transfer to the first carrier. From that moment on, the risk and legal title pass to the consumer, who acts as importer of record for the goods.

  5. All deliveries are made under the delivery condition Delivered Duty Unpaid (DDU/DAP) in accordance with Incoterms 2020. This means that: a. the consumer is fully responsible for all import VAT, customs duties, and any clearance costs in the country of destination; b. the entrepreneur does not act as an importer of the goods; c. the consumer is obliged to comply with any local laws and regulations regarding import, product restrictions, and required permits.




  6. The entrepreneur provides the necessary commercial documents for international shipment (such as invoice and declaration of value), but cannot guarantee that the goods or documentation meet specific technical or legal import requirements of the country of destination.

  7. The consumer is responsible for checking in advance whether the ordered products may be imported into the country of delivery and whether any special permits, restrictions or certifications are required.

  8. Any delays, refusals, additional costs, fines or seizures by customs do not constitute grounds for cancellation, compensation or refund , unless the entrepreneur has confirmed otherwise in writing.

  9. The consumer indemnifies the entrepreneur against all claims, costs or sanctions arising from non-compliance with local import regulations or the non-payment of import duties due by the consumer.

  10. The entrepreneur advises the consumer to contact local customs authorities before placing an order to avoid unexpected costs or problems upon import.


 

 

Article 12 – Duration agreements: duration, termination and extension

The consumer may terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, at any time, subject to a notice period of no more than one month.

The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products or services at any time towards the end of the fixed term, taking into account a notice period of no more than one month.

The consumer may, in the agreements referred to in the previous paragraphs:

  • cancel at any time and not be limited to cancellation at a specific time or during a specific period;

  • cancel in the same manner as he entered into them;

  • always cancel with the same notice period as the entrepreneur has stipulated for himself.

An agreement entered into for a fixed period and which provides for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.

By way of exception to the previous paragraph, an agreement concluded for a fixed period and aimed at the regular delivery of daily newspapers, news papers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can cancel this extended agreement at the end of the extension period with a notice period of up to one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly extended indefinitely if the consumer can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement concerns the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines.

A limited-term agreement for the regular delivery of daily newspapers, news and weekly newspapers and magazines for trial purposes (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

 

Article 13 – Payment

Unless otherwise stated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.

When selling products to consumers, the general terms and conditions may never obligate the consumer to pay more than 50% in advance. If an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and has granted the consumer 14 days to comply, they will owe statutory interest on the outstanding amount after failure to pay within this 14-day period. The entrepreneur is also entitled to charge any extrajudicial collection costs incurred.

Addition: From 2024, payment service providers will record transactions in the CESOP system (Central Electronic System for Payment Information) in accordance with EU regulations. Businesses must comply with these regulations, which may mean that certain payments are monitored and reported to the tax authorities.

 

 

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In case of complaints, a consumer must first contact the entrepreneur.

Complaints that cannot be resolved by mutual agreement can be submitted to a dispute committee via the European ODR platform (http://ec.europa.eu/consumers/odr/).

 

 

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Disputes between consumers and entrepreneurs regarding the conclusion or performance of agreements can be submitted to the competent court in the Netherlands.

 

 

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

 

Article 17 – Amendment of the general terms and conditions

Changes to these terms and conditions will only come into effect after they have been announced in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.

The entrepreneur will publish amended general terms and conditions in a timely manner on its website and, where possible, inform the consumer of these by e-mail.

 

 

Article 18 – Force Majeure

The entrepreneur is not obliged to fulfil any obligation towards the consumer if he is prevented from doing so as a result of a circumstance that is not attributable to his fault, nor for which he is responsible under the law, legal act or generally accepted views.

Force majeure is understood to mean in any case: all external causes, foreseeable or unforeseen, over which the entrepreneur has no influence, but which prevent the entrepreneur from fulfilling its obligations, such as delays by suppliers or transport, fire, power failures, government measures, pandemics and disruptions in (telecommunications) networks.

 

 

Article 19 – Intellectual property

All intellectual property rights relating to products, images, designs, texts and other information on the entrepreneur's website belong to the entrepreneur or its licensors.

The consumer is not permitted to copy, distribute or otherwise use the said information without the prior written consent of the entrepreneur.

 

 

Article 20 – Privacy and data protection

The entrepreneur processes personal data of the consumer in accordance with applicable law, including the General Data Protection Regulation (GDPR).

The privacy statement on the entrepreneur's website explains how personal data is collected, processed and protected.

The consumer has the right to access, correct and delete his personal data, as stated in the privacy statement.