Terms And Conditions
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or commercial activity and who enters into a distance contract with the trader;
Day: calendar day;
Fixed-term contract: a distance contract for a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally, in such a way as to enable future consultation and identical reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract under which, in the context of a system organised by the trader for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: any means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same physical location.
Terms and conditions: these terms and conditions of the trader.
Article 2 – Identity of the contractor
Company name: Mode Laroq
Chamber of Commerce registration number: 98774034
Trade name: Mode Laroq Melbourne
VAT number: NL868637245B01
Customer service email: info@modelaroqmelbourne.com
Company address: Prins Bernardlaan 26, 3958 VM, Amerongen
Article 3 – Applicability
These general terms and conditions apply to every offer made by the contractor and to every distance contract and every order concluded between the contractor 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, it will be stated 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 to the consumer free of charge at the consumer's request as soon as possible.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, 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 stored by the consumer on a durable medium. If this is not reasonably possible, it shall be indicated, prior to the conclusion of the distance contract, where the general terms and conditions can be consulted 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, in addition to these general terms and conditions, specific terms and conditions relating to products or services also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the contract and these terms and conditions shall remain in force for the rest, and the provision concerned shall be immediately replaced by mutual agreement with a provision that comes as close as possible to the spirit of the original provision.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our 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 will be explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change 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 enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.
All images, specifications and data in the offer are indicative and cannot give rise to damages or termination of the contract.
The images of the products are a true representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains information enabling the consumer to clearly understand the rights and obligations associated with accepting the offer. This includes, in particular:
the price, excluding customs clearance charges and import VAT. These additional costs shall be borne by the customer and are at the customer's risk. The postal and/or courier service will apply the special regime applicable to postal and courier services with regard to imports. This regime applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT (possibly with customs clearance charges) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and the actions necessary for this purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer or the period during which the trader guarantees the price;
the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic tariff for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer can, prior to the conclusion of the contract, check and, if necessary, correct the information he has provided in connection with the contract;
the other languages in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer may consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a transaction for a definite period.
Optional: sizes, colours, types of materials available.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions stipulated therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure the security of the web environment. If the consumer can pay electronically, the trader shall take appropriate security measures for this purpose.
The trader may, within the legal framework, inquire into the consumer's ability to fulfil their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request, giving reasons for his decision, or to impose special conditions on the performance.
The trader shall provide the consumer, together with the product or service, with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
the visiting address of the trader's establishment where the consumer can address complaints;
the conditions and manner in which the consumer may exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information on existing guarantees and after-sales service;
the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term transaction, the provision of the previous paragraph shall only apply to the first delivery.
All contracts are concluded subject to 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 any reason within 30 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 trader.
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 it. If they exercise their right of withdrawal, they shall return the product with all accessories delivered and, if reasonably possible, in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must inform the trader within 30 days of receiving the product. The consumer must do so in writing or by email. After informing the trader of their intention to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered items have been returned to their place of origin in time. They may also return them directly to our supplier in China. The customer may do so, for example, by means of proof of shipment.
If, upon expiry of the periods mentioned in paragraphs 2 and 3, the customer has not notified the trader of their intention to exercise their right of withdrawal or has not returned the product to the trader, the sale is considered final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, they are fully responsible for the costs of returning the products. Please note that you must also take into account the return to the country of origin, i.e. our supplier in China.
If the consumer has paid an amount, the trader will refund this as soon as possible, but no later than 30 days after withdrawal. The prerequisite is that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
that have been made by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can deteriorate or age rapidly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
the provision of which has begun with the consumer's express agreement before the expiry of the cooling-off period;
relating to betting and lotteries.
Article 9 – Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services at variable prices, the prices of which are linked to fluctuations in the financial market and over which the trader has no influence. This dependence on fluctuations and the fact that the prices quoted are indicative prices shall be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the contractor has stipulated this and:
they result from legal provisions or regulations; or
the consumer has the right to terminate the contract from the day on which the price increase takes effect.
In accordance with Section 5(1) of the 1968 Turnover Tax Act, the place of delivery is the country where transport begins. In this case, delivery takes place outside the EU. As a result, the post office or courier service will charge the customer import VAT or customs clearance fees. The contractor will therefore not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the contractor is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
The contractor guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable quality and/or usefulness requirements, and the legal and/or regulatory provisions in force on the date of conclusion of the contract. If agreed, the contractor also guarantees that the product is suitable for other than normal use.
A warranty provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the contractor on the basis of the contract.
Any defects or products delivered in error must be reported to the contractor in writing within 30 days of delivery. The products must be returned in their original packaging and in 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 individual use by the consumer, nor 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 have been treated negligently or contrary to the contractor's instructions and/or those on the packaging;
The defect results in whole or in part from regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – Delivery and performance
The contractor will take the utmost care in receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Taking into account the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders diligently, but 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 of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.
In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shall be borne by the trader.
The risk of damage and/or loss of the products shall remain with the trader until the moment of delivery to the consumer or to a representative designated in advance and communicated to the trader, unless expressly agreed otherwise.
Article 12 – Fixed-term transactions: duration, termination and extension
Termination
The consumer may terminate a contract of indefinite duration for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
at any time, without being limited to termination at a specific time or during a specific period;
at least in the same manner as he concluded them;
always with the same notice period as the trader has stipulated for himself.
Extension
A contract concluded for a fixed term and covering the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate this renewed contract at the end of the renewal period with a maximum notice period of one month.
A fixed-term contract for the regular delivery of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a maximum notice period of one month, or a maximum notice period of three months in the case of a contract for the regular delivery of newspapers, weeklies and magazines, but less than once a month.
A limited-term contract for the regular delivery of newspapers, weeklies and magazines on a trial or discovery basis (trial or discovery subscription) is not tacitly renewed and automatically ends upon expiry of the trial or discovery period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a maximum notice period of one month, unless termination before the end of the agreed duration is contrary to fairness and reasonableness.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.
The consumer is obliged to immediately report any inaccuracies in the payment information provided or mentioned to the trader.
In the event of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the trader within 7 days of the consumer discovering the defects, in a complete and clearly described manner.
Complaints submitted to the trader will be answered within 30 days of receipt. If a complaint requires more time to process, the trader will respond within the 30-day period with an acknowledgement 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 that may be submitted to the dispute resolution procedure is created.
A complaint does not suspend the contractor's obligations, unless otherwise stated in writing by the contractor.
If a complaint is deemed justified by the trader, the trader will replace or repair the delivered products free of charge, at his discretion.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.