Allgemeine Bedingungen und Konditionen

General Terms and Conditions Monavida

Article 1 – Definitions

The following definitions apply in these Terms and Conditions:

Withdrawal period:  the period within which the consumer can exercise his right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader.

Day: Calendar day.

Continuing obligation: a distance contract for a series of products and/or services in which the delivery and/or purchase obligation is spread over time.

Durable medium:  any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer’s right to withdraw from the distance contract within the withdrawal period.

Entrepreneur:  the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract concluded within the framework of a distance selling system organised by the trader for the sale of products and/or services, using exclusively one or more means of distance communication up to the conclusion of the contract.

Means of distance communication:  a means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.

General Terms and Conditions:  these General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the seller (no return address)

Company name: Modavida BV

Business address: Grote Voort 293A, 8041BL, Zwolle, Overijssel.

Commercial register number: 95203893

VAT number: NL867040051B01

E-Mail: info@monavida-underwear.de

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded as well as to all orders between the entrepreneur and the consumer.

Before concluding a distance contract, the consumer will be provided with the text of these general terms and conditions. If this is not reasonable, the consumer will be informed before concluding the distance contract that the general terms and conditions are available for inspection at the trader's premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the conclusion of the contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store it on a durable medium. If this is not reasonable, the consumer shall be informed before the conclusion of the contract where the general terms and conditions can be viewed electronically and that they will be sent electronically or by other means free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the provision most favorable to him.

Should individual provisions of these General Terms and Conditions be invalid or voided in whole or in part, the contract and the remaining terms and conditions shall remain valid. The affected provision will be replaced by mutual agreement with a provision that comes as close as possible to the purpose of the original provision.

Situations not regulated in these general terms and conditions shall 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 these Terms and Conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

This offer is subject to change. The entrepreneur reserves the right 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 allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true 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 serve as guidelines and cannot constitute a basis for compensation or termination of the contract.

Product images represent a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains information that clearly indicates to the consumer the rights and obligations associated with accepting the offer. This applies in particular to:

• the price including taxes;

• any shipping costs that may apply;

• the manner in which the contract is concluded and the actions required for this purpose;

• whether or not there is a right of withdrawal;

• the method of payment, delivery and execution of the contract;

• the period for acceptance of the offer or the period within which the trader guarantees the price;

• the amount of the distance communication costs if the use of the distance communication technology is based on a basis other than the basic tariff;

• whether the contract is archived after conclusion and, if so, how it can be accessed by the consumer;

• the manner in which the consumer can check and, where appropriate, correct the information he has provided in the contract before the conclusion of the contract;

• where applicable, other languages in which the contract may be concluded;

• the codes of conduct to which the trader has submitted and how the consumer can access them electronically;

• the minimum term of the distance contract in the case of a continuing obligation;

• optional: available sizes, colors, material types.

Article 5 – The Treaty

Subject to the provisions of paragraph 4, the contract is concluded as soon as the consumer accepts the offer and fulfils the associated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. Until the trader confirms receipt of this acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. In the case of electronic payment, the entrepreneur shall take appropriate security precautions.

The trader may – within the legal framework – examine whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible contract conclusion. If, based on this examination, the trader has legitimate reasons not to conclude the contract, they are entitled to reject an order or request for good reason or to attach special conditions to the execution.

The trader shall 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 on a durable medium:

• the address of the registered office of the company to which the consumer may address complaints;

• the conditions for the right of withdrawal and its exercise or a clear indication of the exclusion of the right of withdrawal;

• Information about warranties and existing customer services;

• the information referred to in Article 4(3), unless it has already been made available to the consumer before the conclusion of the contract;

• the conditions for termination of the contract if the contract has a term of more than one year or is for an indefinite period.

In the case of a continuing obligation, the above information applies only to the first delivery.

Each contract is concluded subject to the availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 30 days. This period begins on the day following receipt of the product by the consumer or a third party designated by the consumer.

During the withdrawal period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to determine its quality and functioning. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if possible, in its original condition and packaging, in accordance with the trader's reasonable instructions.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur in writing or by email within 30 days of receiving the product. After this notification, the consumer has a further 30 days to return the product. The consumer must provide proof of timely shipment of the product, for example, by providing a shipping confirmation.

If the consumer does not exercise the right of withdrawal in a timely manner or does not return the product within the time limit, the purchase is binding.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he shall bear the costs of return.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is provided that the product has already been received by the entrepreneur or proof of complete return is provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the right of withdrawal for certain products, provided that this was clearly stated in the offer and was done before the contract was concluded.

Exclusion is only possible for products:

• which were manufactured according to customer specifications;

• which are clearly of a personal nature;

• which cannot be returned for hygiene reasons (e.g. opened underwear);

• that spoil or become obsolete quickly;

• whose price depends on financial market fluctuations;

• such as newspapers and magazines (excluding subscriptions);

• Audio and video recordings or software whose seal has been broken by the consumer.

An exclusion of the right of withdrawal is also possible for services:

• which are provided on a specific date (e.g. events, travel);

• where the consumer has expressly consented to the commencement of the service before the expiry of the withdrawal period;

• relating to gambling.

Article 9 – Price

During the period of validity stated in the offer, the prices of the products/services offered will not be increased, except in the event of changes in VAT rates.

By way of derogation, the trader may offer products/services with prices that depend on fluctuations in the financial market and over which he has no influence. This will be stated accordingly in the offer.

Price increases within three months of the conclusion of the contract are only permissible if they are based on statutory provisions.

Price increases from three months after conclusion of the contract are only permissible if they have been expressly agreed and the consumer is entitled to terminate the contract from the day of the price increase.

All prices quoted in the offer include VAT.

Pricing and printing errors are reserved. The entrepreneur is not obligated to deliver products at an incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the legal provisions and/or government regulations existing at the time of the conclusion of the agreement, and the requirements of suitability and/or usability. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

A guarantee provided by the entrepreneur, manufacturer or importer does not in any way limit the statutory rights and claims of the consumer.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returns must be made in the original packaging and in new condition.

The warranty period corresponds to the manufacturer's warranty. However, the entrepreneur is never liable for the ultimate suitability of the products for a specific consumer application, nor for advice regarding the use or application of the products.

The guarantee does not apply if:

• the consumer has repaired and/or modified the delivered products himself or has had this done by third parties;

• the delivered products have been exposed to exceptional circumstances or have otherwise been handled improperly or used contrary to the instructions of the entrepreneur and/or the packaging;

• the defect is wholly or partly due to official regulations regarding the type or quality of the materials used.

Additional customs fees and/or import duties are not included in the price and are to be borne by the customer.

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest care in receiving and executing product orders.

The delivery address is the address provided by the consumer.

Subject to Article 4 of these Terms and Conditions, the Entrepreneur will execute accepted orders promptly, but no later than within 30 days, unless the Consumer agrees to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be partially executed, the Consumer will be informed no later than 30 days after the order has been placed. In this case, the Consumer has the right to withdraw from the contract free of charge and is entitled to any compensation.

In the event of a revocation in accordance with the preceding paragraph, the entrepreneur will refund the amounts paid as soon as possible, but no later than 30 days after the revocation.

If delivery of an ordered product is not possible, the entrepreneur will endeavor to provide a replacement product. At the latest upon delivery, the customer will be informed in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The entrepreneur bears the costs of any return shipment.

The risk of damage to or loss of products remains with the entrepreneur until delivery to the consumer or a previously designated representative, unless otherwise agreed.

Additional customs fees and/or import duties are not included in the price and are to be borne by the customer.

Article 12 – Continuing obligations: duration, termination and extension

Termination

The consumer may terminate a contract concluded for an indefinite period for the regular delivery of products or services at any time subject to a notice period of no more than one month.

A contract concluded for a fixed period of time for the regular delivery of products or services may be terminated by the consumer at the end of the agreed term subject to a notice period of no more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

• terminate at any time without being limited to a specific time or period;

• terminate at least in the same manner as he concluded it;

• always terminate with the same notice period that the entrepreneur has agreed for himself.

extension

A fixed-term contract for the regular supply of products or services may not be tacitly extended or renewed.

By way of derogation from the foregoing, a contract for the supply of daily, news and weekly newspapers may be tacitly renewed for a maximum of three months if the consumer may terminate the contract at the end of the renewal period subject to a notice period of no more than one month.

A fixed-term contract may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month or, in the case of less frequent deliveries, no more than three months.

A trial or introductory subscription ends automatically and is not automatically renewed.

Length of time

A contract with a term of more than one year may be terminated by the consumer at any time after one year with a notice period of no more than one month, unless earlier termination is unreasonable.

Article 13 – Payment

Unless otherwise agreed, the consumer shall pay the amounts due within 7 working days of the start of the withdrawal period referred to in Article 6(1). For a service contract, this period shall begin upon receipt of the contract confirmation.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment data provided or transmitted.

In the event of late payment, the entrepreneur is entitled – subject to statutory restrictions – to charge the consumer reasonable and previously notified collection costs.

Article 14 – Complaints procedure

Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described form within 7 days of the discovery of the defects.

Complaints submitted to the trader will be answered within 14 days of receipt. If a longer processing time is expected, the consumer will be informed within 14 days of receipt of the complaint and the expected processing time.

If the complaint cannot be resolved amicably, a dispute arises which is subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur declares this in writing.

If the entrepreneur considers a complaint to be justified, he will, at his own discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.

Company information:

• Website: Monavida

• Address: Grote Voort 293A, 8041BL, Zwolle, Overijssel.

• Contact: info@monavida-underwear.de

• Trade register number (Chamber of Commerce): 95203893

• Phone: +31 6 31 36 99 18

• Opening hours: Monday – Friday: 09:00 – 17:00 / Saturday & Sunday: Closed

We respond to inquiries within one business day.