General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Reflection period: The period within which the consumer may exercise their right of withdrawal.
- Consumer: A natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Ongoing transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
- Durable medium: Any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: The consumer’s ability to terminate the distance contract within the reflection period.
- Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
- Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for remote sales of products and/or services, whereby exclusive use is made of one or more means of remote communication up to and including the conclusion of the contract.
- Means of remote communication: Tools that can be used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same space.
- General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Entrepreneur’s Identity
- Modalexi
- Galgestraat 3, 3111 Wezemaal
- Email: info.modalexi@gmail.com
- Registration: B0515.814.920
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
- Before concluding a distance contract, the text of these 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 terms and conditions can be inspected and that they will be provided free of charge at the consumer's request.
- If the distance contract is concluded electronically, these terms and conditions can also be made available electronically in a way that allows the consumer to easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed how the terms can be viewed electronically or sent upon request.
- In case specific product or service conditions apply alongside these general terms, the second and third paragraphs of this article apply similarly, and the consumer can always rely on the most favorable provision in case of conflicting terms.
Article 4 – The Offer
- If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur reserves the right to change and adjust the offer.
- The offer includes a complete and accurate description of the products and/or services offered. If the entrepreneur uses images, they are truthful representations of the products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
Article 5 – The Agreement
- The agreement comes into effect at the moment the consumer accepts the offer and meets the stipulated conditions.
- If the consumer accepts the offer electronically, the entrepreneur will immediately acknowledge receipt of acceptance electronically. The consumer can terminate the agreement as long as this acknowledgment has not been received.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment.
Article 6 – Right of Withdrawal
- Consumers can cancel the agreement without giving reasons within 14 days. This period starts the day after receiving the product.
- During the reflection period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess if the consumer wishes to keep it.
- To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or via email within 14 days of receiving the product. The product must then be returned within 14 days.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.
- Any payments made by the consumer will be refunded as soon as possible, but no later than 14 days after withdrawal, provided the product has been received by the entrepreneur.
Article 8 – Exclusion of the Right of Withdrawal
- The right of withdrawal can be excluded for specific products or services if clearly stated in the offer. Examples include custom-made products, perishable items, and hygiene products with broken seals.
Article 9 – Price
- Prices for the offered products and/or services will not increase during the offer period, except for changes in VAT rates.
Article 10 – Delivery and Execution
- The entrepreneur will take the utmost care when receiving and executing product orders.
- Delivery will take place within 30 days unless a longer period has been agreed upon.
Article 11 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the reflection period begins.
Article 12 – Complaints
- Complaints about the execution of the agreement must be submitted clearly and fully described to the entrepreneur within 7 days.
- Complaints will be answered within 14 days of receipt.
For further information or clarification, please contact us at info.modalexi@gmail.com.