General Terms and Conditions

**Article 1 – Definitions**
In these conditions, the following is understood as:
**Withdrawal Period:** the period within which the consumer can exercise their right of withdrawal;
**Consumer:** the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
**Day:** calendar day;
**Continuous Transaction:** a distance contract for a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
**Durable Data Carrier:** any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
**Right of Withdrawal:** the consumer's option to withdraw from the distance contract within the withdrawal period;
**Entrepreneur:** the natural or legal person who offers products and/or services to consumers by distance selling;
**Distance Contract:** a contract concluded within a system organized by the entrepreneur for the distance sale of products and/or services, where one or more means of remote communication are used exclusively until the contract is concluded;
**Means of Remote Communication:** means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same room at the same time.
**General Terms and Conditions:** these present General Terms and Conditions of the entrepreneur.

**Article 2 – Identity of the Entrepreneur**

Business Name: Mode Trendhaus
Company Name: B&L E-COMMERCE
Veilingstraat 7 – 8548
7545 LZ Enschede
Company Number: NL859724554B01
Customer Service Email: info@modetrendhaus.com

**Article 3 – Applicability**
These General Terms and Conditions apply to every offer made by the entrepreneur and to every concluded distance contract as well as to orders 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, it will be stated before the conclusion of the distance contract that the General Terms and Conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available electronically to the consumer so that the consumer can easily save it on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.
In the event that, in addition to these General Terms and Conditions, special product or service conditions also apply, paragraphs two and three shall apply accordingly, and in case of conflicting general conditions, the consumer may always rely on the applicable 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 invalid or revoked, the contract and these terms shall remain in effect otherwise, and the relevant provision shall be promptly replaced by mutual agreement with a provision that comes as close as possible to the purpose of the original.
Situations not regulated in these General Terms and Conditions are to be assessed according to the "spirit" of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions are to be interpreted according to 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 will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot be grounds for claims for damages or contract termination.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that makes it clear to the consumer which rights and obligations are associated with accepting the offer. This particularly concerns:
- the price, excluding customs duties and import VAT. These additional costs are borne and risked by the customer. Postal and/or courier services will apply the special regulation for postal and courier services regarding import. This regulation applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service charges VAT (possibly together with the calculated customs fees) to the recipient of the goods;
- any shipping costs that may apply;
- the way in which the contract is concluded and which actions are required for this;
- the applicability of the right of withdrawal;
- the type of payment, delivery, and execution of the contract;
- the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
- the amount of the tariff for remote communication, if the costs for using the remote communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;
- the way in which the consumer can review and, if necessary, correct the data provided by them within the framework of the contract before concluding the contract;
- any other languages in which, besides Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can electronically access these codes of conduct; and
- the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, types of materials.

**Article 5 – The Contract**
The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to conclude the contract, they are entitled to justifiably reject an order or request or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
1. the address of the entrepreneur’s location where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise their right of withdrawal, as well as a clear notice about the exclusion of the right of withdrawal;
3. information about warranties and existing after-sales service;
4. the data contained in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the contract is executed;
5. the conditions for terminating the contract if the contract has a duration of more than one year or an indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the respective products.

closed.

**Article 6 – Right of Withdrawal**
When purchasing products, the consumer has the option to cancel the contract without giving reasons within 14 days. This withdrawal period begins the day after the consumer or a representative previously designated by the consumer and known to the entrepreneur receives the product.
During the withdrawal period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – as far as reasonably possible – in its original condition and original packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made in writing by letter or email. After the consumer has notified that they wish to exercise their right of withdrawal, the customer must return the product to the original location within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing shipping proof.
If the customer has not notified within the deadlines specified in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is binding.

**Article 7 – Costs in Case of Withdrawal**
If the consumer exercises their right of withdrawal, the consumer bears the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this requires that the product has already been received by the webshop or conclusive proof of the complete return can be provided.

**Article 8 – Exclusion of the Right of Withdrawal**
The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at the latest in a timely manner before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
1. that have been manufactured by the entrepreneur according to the consumer's specifications;
2. that are clearly of a personal nature;
3. that cannot be returned due to their nature;
4. that can spoil or become outdated quickly;
5. whose price is tied to fluctuations in the financial market beyond the entrepreneur's control;
6. for loose newspapers and magazines;
7. for audio and video recordings as well as computer software whose seal the consumer has broken;
8. for hygiene products whose seal the consumer has broken.
The exclusion of the right of withdrawal is only possible for services:
1. concern accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
2. whose delivery has begun with the explicit consent of the consumer before the withdrawal period has expired;
3. concern bets and lotteries.

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**Article 9 – The Price**
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased unless there are price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are tied to fluctuations in the financial market and the entrepreneur has no influence over them. This link to fluctuations and the fact that any stated prices are indicative prices will be indicated in the offer.
Price increases within 3 months after the contract is concluded are only permitted if they are the result of legal regulations or provisions.
Price increases more than 3 months after the contract is concluded are only permitted if the entrepreneur has agreed to this and:
1. these are the result of legal regulations or provisions; or
2. the consumer has the right to terminate the contract effective from the day the price increase takes effect.
The place of delivery is in accordance with Article 5, paragraph 1, of the 1968 Value Added Tax Act in the country where the transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will charge import VAT or customs fees to the recipient. Therefore, no VAT will be charged by the entrepreneur.
Special additional customs clearance costs and/or import duties are not included in the price and are the responsibility of the customer. 
All prices are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

**Article 10 – Conformity and Warranty**
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for quality and/or usability, as well as the legal provisions and/or official regulations applicable at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The return of the products must be in the original packaging and in like-new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application 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 has had them repaired and/or modified by third parties;
- the delivered products are exposed to abnormal circumstances or otherwise improperly handled or violate the entrepreneur’s instructions and/or the instructions indicated on the packaging;
- the defectiveness is wholly or partly the result of regulations issued or to be issued by the government regarding the type or quality of the materials used.

**Article 11 – Delivery and Execution**
The entrepreneur will exercise the greatest possible care when accepting and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled fully or partially, the consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to cancel the contract at no cost and may claim possible damages.
In the event of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If the delivery of an ordered product is impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The entrepreneur bears the cost of any return shipment.
The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a previously named and known representative of the entrepreneur, unless expressly agreed otherwise.

**Article 12 – Continuous Transactions: Duration, Termination, and Extension**
**Termination**
The consumer may terminate an indefinite-term contract serving the regular delivery of products (including electricity) or services at any time, observing the agreed termination conditions and a notice period of no more than one month.
The consumer may terminate a fixed-term contract serving the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination conditions and a notice period of no more than one month.
The consumer may terminate the contracts mentioned in the previous paragraphs:
- terminate at any time and not be restricted to termination at a specific time or within a specific period;
- terminate at least in the same manner as they were entered into;
- terminate at any time with the same notice period that the entrepreneur has agreed for themselves.

**Extension**
A fixed-term contract serving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
Contrary to the previous paragraph, a fixed-term contract serving the regular delivery of daily, news, and weekly newspapers as well as magazines may be tacitly extended by a maximum of three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract concluded for a fixed term that serves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or with a notice period of no more than three months if the contract serves the regular delivery of daily, news, and weekly newspapers as well as magazines less than once a month.
A fixed-term contract for the regular delivery of daily, news, and weekly newspapers as well as magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period expires.

**Duration**
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and reasonableness argue against termination before the agreed duration expires.

**Article 13 – Payment**
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period according to 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 report any inaccuracies in the provided or specified payment data to the entrepreneur.
In the event of the consumer's payment default, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs that were communicated in advance.

**Article 14 – Complaint Procedure**
Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not limit the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
If a complaint is deemed justified, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.

**Article 15 – Disputes**
On contracts between the entrepreneur and the consumer,

to which these general terms and conditions apply, exclusively Dutch law applies. This also applies if the consumer resides abroad.

**Article 16 – CESOP**
Due to the measures introduced and tightened from 2024 onwards regarding the "Amendment of the Turnover Tax Act 1968 (Act to Implement the Directive on Payment Service Providers)" and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.