Dutch Law is applicable on all sales at Modaitalia.nl
Article 1. General
1.1 Modaitalia.nl is the online shop for the firm Moda Italia settled in Almelo, the Netherlands
Article 2. Application
2.1 These General Terms and Conditions of Sale shall apply to all offers, orders and agreements made by Moda Italia, to the exclusion of all other General Terms and Conditions.
2.2 The acceptance of an offer or the placing of an order shall entail acceptance of the application of these terms and conditions.
2.3 The requirements of these Terms and Conditions may be deviated from only if confirmed in writing, in which case the remaining stipulations shall continue unabated in force.
2.4 All entitlements and claims imposed for the benefit of Moda Italia in these Terms and Conditions and any subsequent agreements shall equally be imposed for the benefit of intermediaries and other third parties engaged by Moda Italia.
2.5 The Moda Italia webshop is intended in the first instance for countries belonging to the European Union.
Article 3. Offers and agreements
3.1 All offers made by Moda Italia shall be without obligation, and Moda Italia expressly reserve the right to amend prices, in particular when this is necessitated by legal and other requirements. All offers are subject to availability. We reserve the right to introduce price changes and changes to products and/or ranges at any time.
3.2 An agreement will come into force only following acceptance of your order by Moda Italia. Moda Italia shall be entitled to reject any order or to attach conditions to the delivery, unless expressly determined to the contrary. Where an order is not accepted, Moda Italia will notify you of this within ten (10) working days of receipt of the order.
3.3 This agreement contains all agreements made between you and Moda Italia, and shall replace all other agreements, arrangements and/or contracts made between you and Moda Italia.
Article 4. Prices
4.1 The stated prices for the products and services on offer are in Euros, including VAT and excluding handling and carriage charges, any taxes or other levies, unless otherwise specified or agreed in writing.
4.2 Payment may be by any of the methods indicated during the ordering process. Additional conditions in relation to orders or payment may be attached to a customer's order. Following the placing of an order you will receive immediate confirmation by e-mail, stating the total costs, including carriage charges. Payment will be in full, in advance.
Article 5. Delivery
5.1 Moda Italia aim to deliver ordered goods within 48 hours of receipt of payment. However there is no obligation on Moda Italia in this regard.
5.2 The latest delivery period is 30 days following order placement, except where the delay cannot be attributed to Moda Italia. The despatch of your order will be confirmed by e-mail as soon as it goes out. If you have not received your order within a reasonable time ( 4 working days), we would request that you notify us of this immediately by e-mail, and at the latest within 10 working days. No claim submitted after this period will be considered.
5.3 Where a delivery is delayed, whether because items are out of stock, temporarily or permanently, or for any other reason, or where an order can not be completed or can only be completed in part, then you will be notified accordingly within seven (7) days after the placing of the order. In that case you will be entitled to cancel the order without charge. In these circumstances Moda Italia will arrange for a refund to be made.
5.4 Articles are despatched via DPD when payment is received.
5.5 We reserve the right to introduce changes to colour, type, text and/or prices.
Article 6. Retention of title
6.1 Property in the products supplied shall pass to the purchaser only when all liabilities created by virtue of any agreement with Moda Italia have been discharged. Risk in the products shall pass to the purchaser immediately at the time of delivery.
Article 7. Intellectual and industrial property rights
7.1 You are obligated to respect all intellectual and industrial property rights associated with products supplied by Moda Italia, in full and unconditionally.
7.2 Moda Italia do not guarantee that the products supplied to you do not breach any third party intellectual and/or industrial property rights, whether recorded in writing or not.
Article 8. Claims and liability
8.1 It is your obligation to investigate on delivery whether the products comply with the agreement. Where this is not the case, you should notify Moda Italia in writing, stating reasons, as speedily as possible and in any event within seven (7) days following delivery, or in any case once detection was reasonably possible.
8.2 Where for whatever reason you do not wish to take delivery of items, then you shall be entitled to return these to Moda Italia within
one hundred (100) days of delivery. Return consignments will only be accepted in these circumstances where the articles are returned unused, in the original packaging and with the original labels attached. The articles should be returned to:
7602 RC Almelo
Where the returned items are received in good order, Moda Italia will transfer the relevant amount to you within 30 days.
Article 9. Orders/communication
9.1 Moda Italia shall not be liable for misunderstandings, misinterpretations, delays or failures properly to communicate orders or notifications resulting from the use of the Internet or any other means of communication during communications between yourself and Moda Italia, or between Moda Italia and any third party, to the extent that these relate to the relationship between yourself and Moda Italia, except and to the extent that there are intentional acts or negligence on the part of Moda Italia.
Article 10. Force majeure
10.1 In the case of force majeure, Moda Italia shall be entitled, at their option, to suspend the completion of a customer's order, or to dissolve the agreement without any requirement for judicial intervention, by notifying the customer accordingly in writing, and without any liability on the part of Moda Italia to pay compensation for damages, unless in the circumstances this would be unacceptable, given the normal standards of fairness and reasonability.
10.2 Force majeure shall be taken to mean any circumstance independent of Moda Italia volition, whereby their compliance with their obligations towards the customer is impeded, whether in whole or in part. These circumstances shall be taken to include strikes, fire, disturbances to operations, energy supply failures, delayed or missed deliveries on the part of suppliers or other third parties engaged by Moda Italia, and the lack of any permit required to be obtained from government agencies. Force majeure shall also be taken to include faults in any telecommunications or other network or connection or any communications systems used, and/or the unavailability of the internet site at any time.
Article 11. Personal information
11.2 Moda Italia will thereby take account of applicable privacy legislation and regulation.
Article 12. Miscellaneous
12.1 Where you provide Moda Italia with an address in writing, then Moda Italia shall be entitled to despatch all orders to that address, except where you Moda Italia in writing with another address to which your orders should be despatched.
12.2 In the event that Moda Italia tolerate deviations from these Terms and Conditions, whether for a short or longer period and whether tacitly or otherwise, that shall be without prejudice to their entitlement to require immediate and strict compliance with these Terms and conditions. You may in no circumstances derive any entitlement on the grounds of lenient application of these Terms and Conditions by Moda Italia.
12.3 Where one or more of the stipulations of these Terms and Conditions or any other agreement made with Moda Italia are in conflict with any applicable legal requirement, then the stipulation(s) in question shall lapse and shall be replaced with a legally permissible new stipulation to be determined by Moda Italia.
12. Moda Italia shall be entitled to engage third parties in the completion of your order(s).
Article 13. Applicable law and competent court
13.1 The Law of the Netherlands shall apply exclusively to all offers, orders, agreements, entitlements and obligations to which these Terms and Conditions apply, as well as to these Terms and Conditions themselves.
13.2 All disputes between the parties shall be brought exclusively before the appropriately authorised and competent court in the Netherlands.
If, having read through them, you have any complaints, questions or observations about these Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
7602 RC Almelo
Chamber of Commerce (KvK) registration number: 08191927
VAT/ID nr : NL 127766492B02