Terms & conditions
General terms and conditions of sale of MODE-Pétillante
Article 1. General
1.1 All offers, orders and agreements of MODE-Pétillante are subject to these General Conditions of Sale (hereinafter: the Conditions), unless MODE-Pétillante agrees in writing to other conditions. Agreed departures from the conditions shall not entitle the customer to any rights in respect of future transactions.
1.2 The acceptance of an offer or placement of an order means that you accept these conditions.
1.3 Departures from the provisions of these conditions are only possible if laid down in writing, in which case the other provisions shall continue to apply in full.
Article 2. Offers/agreements
2.1 An agreement shall only be established after MODE-Pétillante's acceptance of your order. MODE-Pétillante is entitled to refuse orders or to attach certain conditions to the delivery, unless specifically determined otherwise. In the event of not accepting an order, MODE-Pétillante shall provide notice to that effect within two (2) working days of the order's receipt.
2.2 The consequences of mistakes and errors made by the buyer shall be borne entirely by the buyer. If you wish to cancel the order, send an e-mail message immediately to customercare@mode-petillante.com. Article 5 shall come into operation, if you are late in cancelling an order.
Article 3. Prices and payments
3.1 The prices for the products and services offered are stated in euros, including VAT.
3.2 Shipping costs are not included in the price shown on the website. However, shipping costs are stated on the website that precedes the purchase. The charge for transport in the Netherlands is € 5.95. The charge for transport to Belgium is €15.00 and for the rest of the world click here for an overview of the shipping costs. No shipping costs are charged for orders over € 250, including returns, see article 5.4.
3.3 All customs duties and sales taxes are for account of the customer and are non-refundable through MODE-Pétillante. However, you may be able to recover these by contacting your local customs bureau directly.
3.4 Apparent (manipulation) errors in the stated price, such as obvious inaccuracies (as a result of apparent misprints, printing errors, language and/or entry errors) may also be corrected by MODE-Pétillante after the establishment of the agreement.
3.5 Immediately after placing an order, you will receive confirmation by e-mail stating the goods ordered, the delivery details and the total cost.
3.6 Full payment shall always be made in advance: immediately and online by credit card (Eurocard/Mastercard and Visa) or by iDEAL but after approval by the party making the mediated payment.
3.7 Payment details are sent via an SSL (secured socket layer) connection, as internationally recommended for sending data securely over the Internet.
Article 4. Delivery
4.1 MODE-Pétillante only makes deliveries to customers who have a valid address worldwide. MODE-Pétillante will do best to deliver the package as soon as possible.
4.2 MODE-Pétillante ships all orders to the address stated at the time of ordering through our delivery partners TNT or DHL within with 1-2 working day of receiving payment. If we depart from this for any reason, you shall be notified by e-mail.
4.3 A failure to make delivery within the agreed delivery dates shall not entitle the customer to compensation, termination of the agreement or non-fulfilment of any obligation arising from this agreement or any other agreement related to it.
4.4 Delivery in consignments is permitted.
4.5 MODE-Pétillante shall endeavour to keep the website as up to date as possible but a product may unfortunately no longer be available for delivery. In that case, MODE-Pétillante shall contact you by e-mail as soon as possible.
Article 5. Return shipments
5.1 You are obliged at the time of delivery to check that the products fulfil the agreement. If they do not, you must send an e-mail message to customercare@mode-petillante.com, using the contact form on our website, within 7 working days of receiving the order. After this period, you will be deemed to have accepted the goods.
5.2 If you do not wish to take receipt of a product, you shall be entitled to return the product to MODE-Pétillante within 7 working days. You shall bear the costs of return shipments. Returns send from a delivery address in the Netherlands can be returned at the costs of MODE-Pétillante. Return shipments shall only be accepted in this case, if the package is send within 5 working days after receive of the Return Service Number, if the product's packaging is undamaged and the product has not been worn and/or washed. Moreover, (garment) tags must still be attached to the products. To announce a return shipment, send an e-mail message to customercare@mode-petillante.com stating the reason for the return and the item concerned. You shall receive a reply within 24 hours by e-mail with the Return Service Number and details as how to return the package.
Within 10 working days of receiving a product that has been returned in good condition, MODE-Pétillante shall retransfer the amount paid to your bank account (if you paid by iDEAL) or instruct the credit card company to credit the amount to your account. In either case, subject to deduction of the original shipping costs (for NL: € 5.95, for Belgium € 15.00 and for other countries click here).
For returned items bought in the SALE with a discount over 50% an additional fee of € 5.00 will be charged. This fee will be deducted of the purchase amount.
5.3 MODE-Pétillante shall solve any problem that may occur as soon as possible. If the solution does not meet your expectations, you shall be entitled to cancel the order. The sum already paid shall be refunded to you (via the credit card company or directly) within 10 working days of the returned order's receipt. This guarantee shall not apply if, a. the product has been worn and/or washed, b. you have attempted to repair the defect yourself or, c. you have failed to follow the directions in the user manual and/or instructions for use.
5.4 If in case of returning items the total amount of spending comes under the € 250, still the original shipping costs will be charged. This will be deducted of the purchase amount.
Article 6. Liability
6.1 Any liability of MODE-Pétillante and of MODE-Pétillante's personnel and products for direct or indirect damage/losses of any description, including trading losses and consequential losses, damage to movable or immovable property or persons, is specifically excluded. Nor shall MODE-Pétillante be liable for damage/losses resulting from the execution of the agreement by third parties.
Without detriment to this point and other points in the provisions of these General Conditions, MODE-Pétillante shall never be liable for:
6.3 Any liability of MODE-Pétillante to the buyer shall, in any case, be limited to a sum not exceeding the invoice sum that the buyer owes MODE-Pétillante pursuant to the agreement concerned.
6.4 Except in cases of MODE-Pétillante's intent or gross negligence, MODE-Pétillante shall not be liable for misunderstandings, mutilation, delays or failures to properly fulfil orders and notices as a result of the use of the Internet or any other means of communication used in dealings between you and MODE-Pétillante or between MODE-Pétillante and third parties, insofar as in connection with the relationship between you and MODE-Pétillante.
6.5 MODE-Pétillante shall not be liable for any occurring faults, inaccuracies, misunderstandings, delays or incorrectly communicated orders and notices, as a result of the use of the Internet or any other (electronic) means of communication in the dealings between the buyer and MODE-Pétillante or for the consequences of the use of the information concerned. MODE-Pétillante furthermore excludes all liability in respect of advice or answers to questions that it has provided, except in the case of intent or gross negligence.
6.6 MODE-Pétillante may include links on its website to other Internet sites that are possibly of interest to or provide information for visitors. Any such links are purely informative. MODE-Pétillante is not responsible for the content of the Internet sites that are referred to or for the use made of them.
6.7 MODE-Pétillante shall also not be liable for any damage/losses caused by a temporary or longer term lack of facilities for placing orders, lack of access or the removal of the website for maintenance or otherwise.
Article 7. Force majeure
7.1 In cases of force majeure, MODE-Pétillante shall be entitled, as it sees fit, to defer the execution of your order or terminate the agreement without judicial intervention, by notifying you in writing to that effect and without MODE-Pétillante being obliged to pay compensation, unless this would be unacceptable in the given circumstances, according to the criteria of reasonableness and fairness.
7.2 Force majeure means any shortcoming that cannot be attributed to MODE-Pétillante because it cannot be blamed and is not accountable pursuant to law, juristic acts, or common opinion.
7.3 MODE-Pétillante shall be entitled to invoke force majeur, if any circumstance prevents (further) fulfilment.
Article 8. Privacy
All personal data shall only be used for completing the order and providing information on MODE-Pétillante's products and shall never be placed at the disposal of third parties.
Article 9. Intellectual property rights
9.1 The website and all its components belong to MODE-Pétillante. It is not permitted to make public, copy or store the website or any part thereof, without MODE-Pétillante's express written consent. Such consent is not required for personal non-commercial use.
Article 10. Applicable law and court with jurisdiction
10.1 All rights, obligations, offers, orders and agreements that are subject to these conditions, as well as the conditions themselves are subject to Dutch law, whereby disputes shall be brought before a court with jurisdiction in Amsterdam.
10.2 The applicability of the Vienna Sales Convention is specifically excluded.
Article 11. Miscellaneous
11.1 In the event of MODE-Pétillante permitting departures from these conditions for a short or long period, tacitly or otherwise, it shall still be entitled to require immediate and strict observance of these conditions. You shall never be entitled to enforce a right on the grounds of the fact that MODE-Pétillante applies these Conditions flexibly.
11.2 In the event of one or more of the provisions of these conditions or any other agreement with MODE-Pétillante being in conflict with any applicable legal regulation, the provision concerned shall cease to apply and shall be replaced by a similar provision drawn up by MODE-Pétillante that is permitted by law.
11.3 MODE-Pétillante is entitled to make use of third parties in the execution of your order(s).
11.4 Photographs and colours are for the purpose of illustration and may differ from the actual appearance.
11.5 These General Conditions of Sale of MODE-Pétillante have been filed with the Trade Register of the Netherlands, MODE-Pétillante, P.O. Box 7893, 1008AB AMSTERDAM, The Netherlands.
Amsterdam, January 2009
Article 1. General
1.1 All offers, orders and agreements of MODE-Pétillante are subject to these General Conditions of Sale (hereinafter: the Conditions), unless MODE-Pétillante agrees in writing to other conditions. Agreed departures from the conditions shall not entitle the customer to any rights in respect of future transactions.
1.2 The acceptance of an offer or placement of an order means that you accept these conditions.
1.3 Departures from the provisions of these conditions are only possible if laid down in writing, in which case the other provisions shall continue to apply in full.
Article 2. Offers/agreements
2.1 An agreement shall only be established after MODE-Pétillante's acceptance of your order. MODE-Pétillante is entitled to refuse orders or to attach certain conditions to the delivery, unless specifically determined otherwise. In the event of not accepting an order, MODE-Pétillante shall provide notice to that effect within two (2) working days of the order's receipt.
2.2 The consequences of mistakes and errors made by the buyer shall be borne entirely by the buyer. If you wish to cancel the order, send an e-mail message immediately to customercare@mode-petillante.com. Article 5 shall come into operation, if you are late in cancelling an order.
Article 3. Prices and payments
3.1 The prices for the products and services offered are stated in euros, including VAT.
3.2 Shipping costs are not included in the price shown on the website. However, shipping costs are stated on the website that precedes the purchase. The charge for transport in the Netherlands is € 5.95. The charge for transport to Belgium is €15.00 and for the rest of the world click here for an overview of the shipping costs. No shipping costs are charged for orders over € 250, including returns, see article 5.4.
3.3 All customs duties and sales taxes are for account of the customer and are non-refundable through MODE-Pétillante. However, you may be able to recover these by contacting your local customs bureau directly.
3.4 Apparent (manipulation) errors in the stated price, such as obvious inaccuracies (as a result of apparent misprints, printing errors, language and/or entry errors) may also be corrected by MODE-Pétillante after the establishment of the agreement.
3.5 Immediately after placing an order, you will receive confirmation by e-mail stating the goods ordered, the delivery details and the total cost.
3.6 Full payment shall always be made in advance: immediately and online by credit card (Eurocard/Mastercard and Visa) or by iDEAL but after approval by the party making the mediated payment.
3.7 Payment details are sent via an SSL (secured socket layer) connection, as internationally recommended for sending data securely over the Internet.
Article 4. Delivery
4.1 MODE-Pétillante only makes deliveries to customers who have a valid address worldwide. MODE-Pétillante will do best to deliver the package as soon as possible.
4.2 MODE-Pétillante ships all orders to the address stated at the time of ordering through our delivery partners TNT or DHL within with 1-2 working day of receiving payment. If we depart from this for any reason, you shall be notified by e-mail.
4.3 A failure to make delivery within the agreed delivery dates shall not entitle the customer to compensation, termination of the agreement or non-fulfilment of any obligation arising from this agreement or any other agreement related to it.
4.4 Delivery in consignments is permitted.
4.5 MODE-Pétillante shall endeavour to keep the website as up to date as possible but a product may unfortunately no longer be available for delivery. In that case, MODE-Pétillante shall contact you by e-mail as soon as possible.
Article 5. Return shipments
5.1 You are obliged at the time of delivery to check that the products fulfil the agreement. If they do not, you must send an e-mail message to customercare@mode-petillante.com, using the contact form on our website, within 7 working days of receiving the order. After this period, you will be deemed to have accepted the goods.
5.2 If you do not wish to take receipt of a product, you shall be entitled to return the product to MODE-Pétillante within 7 working days. You shall bear the costs of return shipments. Returns send from a delivery address in the Netherlands can be returned at the costs of MODE-Pétillante. Return shipments shall only be accepted in this case, if the package is send within 5 working days after receive of the Return Service Number, if the product's packaging is undamaged and the product has not been worn and/or washed. Moreover, (garment) tags must still be attached to the products. To announce a return shipment, send an e-mail message to customercare@mode-petillante.com stating the reason for the return and the item concerned. You shall receive a reply within 24 hours by e-mail with the Return Service Number and details as how to return the package.
Within 10 working days of receiving a product that has been returned in good condition, MODE-Pétillante shall retransfer the amount paid to your bank account (if you paid by iDEAL) or instruct the credit card company to credit the amount to your account. In either case, subject to deduction of the original shipping costs (for NL: € 5.95, for Belgium € 15.00 and for other countries click here).
For returned items bought in the SALE with a discount over 50% an additional fee of € 5.00 will be charged. This fee will be deducted of the purchase amount.
5.3 MODE-Pétillante shall solve any problem that may occur as soon as possible. If the solution does not meet your expectations, you shall be entitled to cancel the order. The sum already paid shall be refunded to you (via the credit card company or directly) within 10 working days of the returned order's receipt. This guarantee shall not apply if, a. the product has been worn and/or washed, b. you have attempted to repair the defect yourself or, c. you have failed to follow the directions in the user manual and/or instructions for use.
5.4 If in case of returning items the total amount of spending comes under the € 250, still the original shipping costs will be charged. This will be deducted of the purchase amount.
Article 6. Liability
6.1 Any liability of MODE-Pétillante and of MODE-Pétillante's personnel and products for direct or indirect damage/losses of any description, including trading losses and consequential losses, damage to movable or immovable property or persons, is specifically excluded. Nor shall MODE-Pétillante be liable for damage/losses resulting from the execution of the agreement by third parties.
Without detriment to this point and other points in the provisions of these General Conditions, MODE-Pétillante shall never be liable for:
- Damage/losses resulting from incorrect, careless or inexpert use or use for purposes other than the use for which the product is suitable or intended;
- Trading and/or consequential damage/losses attributable to any cause whatsoever;
- Damage/losses caused by employees of MODE-Pétillante and/or third parties it involves, resulting from any cause whatsoever;
- Damage/losses attributable to force majeure in the sense intended by article 7.
6.3 Any liability of MODE-Pétillante to the buyer shall, in any case, be limited to a sum not exceeding the invoice sum that the buyer owes MODE-Pétillante pursuant to the agreement concerned.
6.4 Except in cases of MODE-Pétillante's intent or gross negligence, MODE-Pétillante shall not be liable for misunderstandings, mutilation, delays or failures to properly fulfil orders and notices as a result of the use of the Internet or any other means of communication used in dealings between you and MODE-Pétillante or between MODE-Pétillante and third parties, insofar as in connection with the relationship between you and MODE-Pétillante.
6.5 MODE-Pétillante shall not be liable for any occurring faults, inaccuracies, misunderstandings, delays or incorrectly communicated orders and notices, as a result of the use of the Internet or any other (electronic) means of communication in the dealings between the buyer and MODE-Pétillante or for the consequences of the use of the information concerned. MODE-Pétillante furthermore excludes all liability in respect of advice or answers to questions that it has provided, except in the case of intent or gross negligence.
6.6 MODE-Pétillante may include links on its website to other Internet sites that are possibly of interest to or provide information for visitors. Any such links are purely informative. MODE-Pétillante is not responsible for the content of the Internet sites that are referred to or for the use made of them.
6.7 MODE-Pétillante shall also not be liable for any damage/losses caused by a temporary or longer term lack of facilities for placing orders, lack of access or the removal of the website for maintenance or otherwise.
Article 7. Force majeure
7.1 In cases of force majeure, MODE-Pétillante shall be entitled, as it sees fit, to defer the execution of your order or terminate the agreement without judicial intervention, by notifying you in writing to that effect and without MODE-Pétillante being obliged to pay compensation, unless this would be unacceptable in the given circumstances, according to the criteria of reasonableness and fairness.
7.2 Force majeure means any shortcoming that cannot be attributed to MODE-Pétillante because it cannot be blamed and is not accountable pursuant to law, juristic acts, or common opinion.
7.3 MODE-Pétillante shall be entitled to invoke force majeur, if any circumstance prevents (further) fulfilment.
Article 8. Privacy
All personal data shall only be used for completing the order and providing information on MODE-Pétillante's products and shall never be placed at the disposal of third parties.
Article 9. Intellectual property rights
9.1 The website and all its components belong to MODE-Pétillante. It is not permitted to make public, copy or store the website or any part thereof, without MODE-Pétillante's express written consent. Such consent is not required for personal non-commercial use.
Article 10. Applicable law and court with jurisdiction
10.1 All rights, obligations, offers, orders and agreements that are subject to these conditions, as well as the conditions themselves are subject to Dutch law, whereby disputes shall be brought before a court with jurisdiction in Amsterdam.
10.2 The applicability of the Vienna Sales Convention is specifically excluded.
Article 11. Miscellaneous
11.1 In the event of MODE-Pétillante permitting departures from these conditions for a short or long period, tacitly or otherwise, it shall still be entitled to require immediate and strict observance of these conditions. You shall never be entitled to enforce a right on the grounds of the fact that MODE-Pétillante applies these Conditions flexibly.
11.2 In the event of one or more of the provisions of these conditions or any other agreement with MODE-Pétillante being in conflict with any applicable legal regulation, the provision concerned shall cease to apply and shall be replaced by a similar provision drawn up by MODE-Pétillante that is permitted by law.
11.3 MODE-Pétillante is entitled to make use of third parties in the execution of your order(s).
11.4 Photographs and colours are for the purpose of illustration and may differ from the actual appearance.
11.5 These General Conditions of Sale of MODE-Pétillante have been filed with the Trade Register of the Netherlands, MODE-Pétillante, P.O. Box 7893, 1008AB AMSTERDAM, The Netherlands.
Amsterdam, January 2009