Terms & conditions

Definitions

  1. Modesbridalwear.com: MODEST BRIDAL WEAR, established in Amsterdam under Chamber of Commerce no. 53696549.
  2. Customer: the person with whom MODEST BRIDAL WEAR has entered into an agreement.
  3. Parties: MODEST BRIDAL WEAR and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

 Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of MODEST BRIDAL WEAR.  
  2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by MODEST BRIDAL WEAR are in Euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
  2. All prices quoted by MODEST BRIDAL WEAR for its products or services, on its website or otherwise published, MODEST BRIDAL WEAR may change at any time. 
  3. Increases in the cost prices of products or parts thereof, which MODEST BRIDAL WEAR could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases. 
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Consequences of not paying on time

  1. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to MODEST BRIDAL WEAR. 
  2. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 
  3. If the customer does not pay on time, MODEST BRIDAL WEAR may suspend its obligations until the customer has fulfilled its payment obligation. 
  4. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, MODEST BRIDAL WEAR’s claims against the customer are immediately due and payable. 
  5. If the customer refuses to cooperate with the performance of the agreement by MODEST BRIDAL WEAR, he is still obliged to pay the agreed price to MODEST BRIDAL WEAR. 

Right of advertising

  1. As soon as the customer is in default, MODEST BRIDAL WEAR is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. MODEST BRIDAL WEAR invokes the right of reclamation by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to MODEST BRIDAL WEAR, unless the parties agree otherwise. 
  4. The costs of returning or returning the products are the responsibility of the customer.

Right of withdrawal

  1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
  2. the product has not been used and the product is returned odorless (so must not contain traces of perfume or food and is unwashed)
  3. the consumer has not waived his right of withdrawal
  4. The cooling-off period of 14 days as referred to in paragraph 1 commences:
    1. on the day after the consumer has received the last product or part of 1 order
  1. The consumer can exercise his right of withdrawal using the withdrawal form that can be downloaded from the website of MODEST BRIDAL WEAR, https://modestbridalwear.com.
  2. The consumer is obliged to return the product to MODEST BRIDAL WEAR within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse. 
  3. The costs for returning will be charged to you.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

right of retention

  1. MODEST BRIDAL WEAR may invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices to MODEST BRIDAL WEAR, unless the customer has provided sufficient security for those costs. 
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to MODEST BRIDAL WEAR.
  3. MODEST BRIDAL WEAR is never liable for any damage that the customer may suffer as a result of exercising its right of retention.

Settlement

Unless the customer is a consumer, the customer waives its right to set off a debt owed to MODEST BRIDAL WEAR against a claim against MODEST BRIDAL WEAR.

Retention of title

  1. MODEST BRIDAL WEAR will retain ownership of all products delivered until the customer has fully complied with all its payment obligations to MODEST BRIDAL WEAR under any contract entered into with MODEST BRIDAL WEAR, including any claims of default.
  2. Until then, MODEST BRIDAL WEAR can invoke its retention of title and take back the goods. 
  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products. 
  4. If MODEST BRIDAL WEAR invokes its retention of title, the agreement will be deemed to have been dissolved and MODEST BRIDAL WEAR will be entitled to claim damages, lost profits and compensation. 

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at MODEST BRIDAL WEAR, unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer. 
  4. If the agreed amounts are not paid or not paid on time, MODEST BRIDAL WEAR has the right to suspend its obligations until the agreed part has been paid. 
  5. In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against MODEST BRIDAL WEAR.

Delivery time

  1. The delivery times stated by MODEST BRIDAL WEAR are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) of this from MODEST BRIDAL WEAR.
  3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless MODEST BRIDAL WEAR cannot deliver within 14 days after being warned to do so in writing or the parties have agreed otherwise. 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

  1. If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to MODEST BRIDAL WEAR prior to transport, failing which MODEST BRIDAL WEAR cannot be held liable for any damage. 

Custody

  1. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Guarantee

  1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material. 
  2. The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.  

Returns

  1. Returns is only possible if the following conditions are met:
  2. returns must takes place within 14 days after purchase on presentation of the original invoice
  3. the product is returned in its original packaging or with the original (price) tags still attached
  4. the product has not yet been used and has been returned odorless (so must not contain traces of perfume)
  5. Discounted items, custom-made items or items specially adapted for the customer and cannot be exchanged.

Disclaimer

The customer indemnifies MODEST BRIDAL WEAR against all third-party claims related to the products and/or services supplied by MODEST BRIDAL WEAR.

Complaints

  1. The customer must examine a product or service provided by MODEST BRIDAL WEAR as soon as possible for any shortcomings.
  2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform MODEST BRIDAL WEAR of this as soon as possible, but in any case within 14 days after the discovery of the shortcomings. 
  3. Consumers must notify MODEST BRIDAL WEAR  within 24 hours after receipt of the order of the discovery of one or more shortcomings to MODEST BRIDAL WEAR.
  4. The customer provides a description of the shortcoming in as much detail as possible, so that MODEST BRIDAL WEAR is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to MODEST BRIDAL WEAR being obliged to perform other work than has been agreed.

Notice of default

  1. The customer must notify MODEST BRIDAL WEAR of any notice of default in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches MODEST BRIDAL WEAR (in time). 

Joint and several liability customer

Liability  MODEST BRIDAL WEAR

  1. MODEST BRIDAL WEAR is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or gross negligence.  
  2. If MODEST BRIDAL WEAR is liable for any damage, it will only be liable for direct damage arising out of or in connection with the performance of an agreement.
  3. MODEST BRIDAL WEAR is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
  4. If MODEST BRIDAL WEAR is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from MODEST BRIDAL WEAR expires in any event 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Right to dissolution

  1. The customer has the right to dissolve the agreement if MODEST BRIDAL WEAR imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by MODEST BRIDAL WEAR is not permanently or temporarily impossible, dissolution can only take place after MODEST BRIDAL WEAR is in default. 
  3. MODEST BRIDAL WEAR has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if MODEST BRIDAL WEAR has become aware of circumstances that give it good grounds to fear that the customer will not fulfill its obligations. will not be able to perform properly. 

Force majeur

  1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure by MODEST BRIDAL WEAR to fulfill any obligation to the customer cannot be attributed to MODEST BRIDAL WEAR in a situation independent of the will of MODEST BRIDAL WEAR, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of MODEST BRIDAL WEAR. 
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions. 
  3. If a force majeure situation arises as a result of which MODEST BRIDAL WEAR cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until MODEST BRIDAL WEAR can meet them again. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. 
  5. MODEST BRIDAL WEAR does not owe any compensation or damages in a situation of force majeure, even if it has obtained any advantage as a result of the force majeure situation.

Change of the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of general terms and conditions

  1. MODEST BRIDAL WEAR is entitled to change or supplement these terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major substantive changes will be discussed by MODEST BRIDAL WEAR with the customer in advance as much as possible.
  4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. Customer’s rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of MODEST BRIDAL WEAR. 
  2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code. 

Consequences nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions. 
  2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what MODEST BRIDAL WEAR had in mind when drafting the conditions on that point.

Applicable law and competent court

  1. Dutch law applies exclusively to every agreement between the parties. 
  2. The Dutch court in the district where MODEST BRIDAL WEAR is established/has a practice/office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Drawn up on 19-06-2023.

Contact form