TERMS & GENERAL CONDITIONS
1.1 OnesModa: Moda Picatex S.L., established in (07458) Ca’n Picafort, Illes Balears, Spain, at the address C/Almirall Cervera, 16, VAT registration number: ES B57904948, firstname.lastname@example.org)
1.2 Customer: Both, natural person or legal entities and its representatives, agents, successors and/or heirs to whom goods are supplied or sold by OnesModa.
1.3 Agreement: The Agreement entered into between OnesModa and the Customer on the sales or the supply of goods and/or the provision of services to which these General Terms and Conditions apply.
2.1 These General Terms and Conditions shall apply to all quotations, estimates, legal relationships and Agreements of and/or with OnesModa.
2.2 By placing an order, the Customer and/or Customer agree to the General Terms and Conditions.
2.3 All quotations and estimates issued by OnesModa are obligation-free, unless OnesModa explicitly agreed otherwise in writing.
2.4 All images, specifications and/or data in OnesModa’s quotations and estimates are indicative and cannot give rise to compensation or dissolution of the Agreement.
2.5 Quotations and estimates by OnesModa also do not automatically apply to repeat orders.
2.6 OnesModa reserves the right to fix obvious mistakes and/or typing errors in quotations and estimates. No liability is accepted for the consequences of such errors. OnesModa cannot be held to its quotation and/or estimate if the Customer ought to have understood that the quotation and/or estimate, or any part thereof, contained an obvious mistake or typing error.
2.7 Deviations and additions to these General Terms and Conditions are valid only if expressly agreed in writing.
2.8 Any additional (oral) agreements and/or commitments made consecutively by or on behalf of OnesModa are binding only if expressly confirmed by OnesModa in writing.
2.9 The use of the Customer's own Terms and Conditions is hereby expressly rejected.
2.10 If any provision of these General Terms and Conditions should become invalid or destroyed, the other provisions of these General Terms and Conditions will remain applicable, unaltered and in full.
2.11 If the Customer should consist of more than one person or legal entity, each of these persons or legal entities shall be jointly and severally liable to OnesModa for the obligations arising from the Agreement.
2.12 OnesModa has the right to change and/or supplement these General Terms and Conditions.
2.13 The Customer is/are not entitled to transfer any right or obligation under the Agreement to third parties without OnesModa’s written permission.
3. Establishment of the Agreement
3.1 Subject to the provisions of articles 3.3 and 3.4 of these General Terms and Conditions, the Agreement shall come into force following OnesModa’s written confirmation of acceptance of the offer by the Customer.
3.2 If the Customer have accepted OnesModa’s offer by electronic means, OnesModa will confirm the acceptance of the offer by the Customer electronically.
3.3 OnesModa reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of the acceptance by the Customer without giving any reason, or to only accept under the condition that the shipment occurs after payment or COD.
3.4 OnesModa is entitled to carry out a check in case of an order in which payment will be made afterwards or by Credit card. Based on this check, OnesModa can offer an alternate payment method or refuse the conclusion of the Agreement. For larger amounts, OnesModa can subject this to the condition that the order will be sent COD. In that case, OnesModa will pay the COD charges.
3.5 If OnesModa rejects the conclusion of the Agreement on the basis of articles 3.3 and/or 3.4 of these General Terms and Conditions, the Customer will not be entitled to compensation.
3.6 Should OnesModa make use of its rights under articles 3.3 and 3.4 of these General Terms and Conditions while the order has already been paid for, OnesModa will try to refund the payment through the payment method used by the Customer. If this is not possible, OnesModa will contact the Customer in order to refund the payment using another method.
3.7 OnesModa is entitled to carry out the Agreement in stages.
3.8 Each Agreement is entered into under the suspensive condition of sufficient availability of the relevant goods.
4.1 All prices are quoted in Euros and include VAT.
4.2 All quoted prices exclude packaging, shipping and delivery charges, unless otherwise agreed in writing.
4.3 Prices are not increased within the duration of the offer, unless legal measures necessitate this or the manufacturer or supplier implements interim price increases.
5.1 OnesModa is entitled to invoice immediately after the Agreement is concluded with the Customer.
5.2 Payment of (online) invoices must be made within 14 days after the invoice date in a manner indicated by OnesModa, and under the payment terms indicated by OnesModa.
5.3 In the event of non-payment or late payment by the Customer, OnesModa will be entitled to terminate the agreement. In that case, the Customer shall not be entitled to compensation.
5.4 The Customer is not entitled to set off or to suspend a payment.
6.1 OnesModa will deliver the purchased goods or services after the full invoice amount as well as the additional delivery costs incurred are paid to OnesModa by the Customer, unless otherwise agreed.
6.2 The place of delivery is the address indicated to OnesModa by the Customer.
6.3 The delivery periods as mentioned in the listings or on the OnesModa website are indicative. No rights may therefore be derived from the stipulated periods. OnesModa will expedite accepted Agreements with a Customer as soon as possible, but no later than 30 days, unless a different delivery period has been agreed to. If the delivery is delayed, or if an order is not or only partially carried out, the Customer will be informed at the latest 30 days after the order was placed. In this case, the Customer has the right to terminate the Agreement without penalty.
6.4 The risk of damage and/or loss of goods shall be borne by OnesModa up to the moment of delivery to the Customer or a pre-designated representative made known to OnesModa, unless expressly agreed otherwise.
7. Warranty and Complaints
7.1 The Customer shall inspect the goods delivered at the time of delivery. If it appears that the delivered goods are incorrect, defective or incomplete, the Customer must immediately report these defects to OnesModa in writing (prior to proceeding with the return to OnesModa). Any defects or incorrectly delivered goods should and can be reported to OnesModa in writing, up to a maximum of 7 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and still be in a new condition. Use after discovery of the defect, damage arising after discovery of the defect, use and/or resale after establishing defects shall cancel the right to complain and return the goods completely.
7.2 The OnesModa guarantee scheme and terms correspond to the factory guarantee period of the delivered goods. However, OnesModa shall never be responsible for the ultimate suitability of the supplied goods for any individual application by the Customer, nor for any advice as to its use or application of the goods.
7.3 If complaints by the Customer should be found valid by OnesModa, OnesModa will, at its discretion, replace the delivered goods free of charge or conclude a written arrangement on compensation with the Customer, under the premise that the compensation amount shall always be limited to at most the invoice amount of the relevant goods. However, OnesModa shall at all times only be liable within the limits of article 11 of these General Terms and Conditions.
7.4 The guarantee in article 7.3 is void if:
a) The Customer has repaired and/or modified the delivered goods himself, or had it repaired and/or modified by third parties;
b) The delivered goods were exposed to unusual circumstances or otherwise treated carelessly or handled contrary to the instructions given by OnesModa and/or on the packaging or labels;
c) The inferiority as a whole or in part is the result of directives that the Government has imposed or will impose regarding the nature or the quality of the materials used.
8.1 The return of delivered goods takes place at the expense and risk of the Customer, and is only permitted after OnesModa‘s written consent under the conditions to be set by OnesModa.
8.2 Goods processed as a whole or in part, damaged and packaged goods whose packaging is missing, can never be returned.
9. Retention of ownership
9.1 All goods delivered to the Customer remain OnesModa‘s property until all amounts due by the Customer for the goods delivered under the Agreement, as well as all amounts still due under the payment obligations, are paid to OnesModa in full.
9.2 As long as ownership of the delivered goods has not yet passed to the Customer, it may not pledge the goods, transfer ownership or grant third parties any other rights to it.
9.3 The Customer is allowed to sell and supply goods delivered under retention of title to third parties during the course of his normal business dealings. The Customer is obliged the keep the goods delivered subject to retention of title, separate and handle it with due care, recognizable as the property of OnesModa.
9.4 If the Customer fails to comply with the stipulations of article 9.3 of these General Terms and Conditions, it is assumed that the goods of a similar kind as those provided by OnesModa are owned by OnesModa.
9.5 The Customer is obliged to insure the delivered goods against fire and explosion, water damage, as well as against theft, for the duration of the retention of title, and the insurance policy may be requested and inspected at OnesModa’s first request.
10. Force Majeure
10.1 In case of force majeure, OnesModa shall be entitled to suspend all or part of the compliance with its commitments under the Agreement and the Customer shall not be able to claim compliance or compensation.
10.2 Force majeure is understood to mean any foreign cause, as well as any circumstances that cannot reasonably be seen as part of its risk. Delays or non-performance of our suppliers, malfunctions of the Internet, malfunctions in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology supplied by external parties, transport problems, strikes, government measures, delays in supplies, neglect by OnesModa’s suppliers and/or manufacturers as well as its assistants, illness amongst the personnel, defects in equipment or means of transport, all specifically apply as force majeure.
10.3 In case of force majeure, OnesModa reserves the right to suspend its obligations and is also entitled to terminate the Agreement as a whole or in part, or to insist that the content of the Agreement be changed in such a way that execution remains possible. In no event shall OnesModa be held liable to pay any fine or compensation.
10.4 If OnesModa has already met part of its obligations at the time of the commencement of force majeure, or is only partially able to meet its obligations, OnesModa shall be entitled to invoice the already delivered or the deliverable part separately, and the Customer shall be obliged to pay this invoice as if it were a separate Agreement. However, this shall not apply if the part already delivered or the deliverable part has no independent value.
11.1 OnesModa’s liability – as well as that of its representatives/agents, employees and third parties engaged by OnesModa – shall always be limited to the amount to be paid out in that case under OnesModa’s applicable liability insurance, plus the amount of the excess payable by OnesModa according to the applicable policy terms and conditions. If, for whatever reason, no benefits will be paid under the insurance policy referred to above, any liability of OnesModa shall always be limited to the amount the Customer has paid to OnesModa under the Agreement, or the part thereof, based on which the liability has been incurred, up to a maximum of EUR 1,000.
11.2 OnesModa shall in no event be liable for indirect damage, including but not limited to consequential damages (to individuals or business), business interruption, loss of profits or revenues, lost savings and/or damage due to business stagnation.
12. Limitations/time constraints
12.1 If the Agreement is concluded with a Customer who is a legal entity, the statute of limitations on all claims and disputes of the Customer towards OnesModa, by way of derogation from the statutory limitation periods, shall be 3 months from the emergence of such claims and disputes. If the agreement is concluded with a Customer who is a natural person, the aforementioned limitation period shall be 13 months.
13. Administration of details
13.2 OnesModa respects the privacy of its website users and is responsible for the confidential treatment of personal details.
13.3 OnesModa uses a mailing list in some cases. Every mailing contains instructions on how to remove yourself from the list.
14. Applicable law and disputes
14.1 Spanish law is applicable to all Agreements to which these General Terms and Conditions apply, as a whole or in part. The applicability of the United Nations Convention on international contracts for the sale of goods of 1980 (Vienna Sales Convention/CISG) is expressly excluded.
14.2 All disputes in connection with or arising based on this Agreement will be submitted to the competent court in Palma de Mallorca, unless OnesModa would prefer to submit the dispute to the competent court of the Customer's place of residence.
15. Right of withdrawal
15.1 In the event that a Customer has ordered goods or services from OnesModa via the Internet, telephone or by mail, the following shall apply.
15.2 When purchasing products, the Customer has the right to terminate the Agreement without giving any reason, within 15 days. This period commences on the day following receipt of the goods by the Customer or a representative appointed by the Customer and notified to OnesModa in advance.
15.3 During this time, the Customer shall handle the goods and packaging with care. He shall only unpack or use the product in such a manner as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - if reasonably possible - in its original condition and packaging, to OnesModa in accordance with the reasonable and clear instructions provided by OnesModa.
15.4 If the Customer wishes to exercise his right of withdrawal, he shall make this known to OnesModa within 15 days after receipt of the product. The Customer shall inform OnesModa using the return form (Customer cancellation form template).The Customer must return the product within 15 days after he has expressed his intention to make use of his right of withdrawal. The Customer shall have to prove that the supplied goods were sent back on time, for example by means of proof of postage.
15.5 If, after expiry of the withdrawal period of 15 days, the Customer failed to express his intention to make use of his right of withdrawal or fails to return the product to OnesModa, the sale will become fact.
15.6 The Customer is liable for any diminished value of the goods if the treatment thereof goes beyond what is necessary to determine the nature, characteristics and operation.
Costs in case of withdrawal
15.7 If the Customer makes use of his right of withdrawal, at most the full cost of return will be at his expense.
15.8 If the Customer has paid an amount, OnesModa will refund this amount as soon as possible but no later than 14 days after the cancellation, on condition that the goods must has already been received by OnesModa.
15.9 OnesModa excludes the Customer's right of withdrawal for goods and services as described below:
a) which have been created by OnesModa based on the Customer's specifications;
b) that are clearly personal in nature;
c) which cannot be returned due to their nature;
d) which can spoil or age quickly;
e) for hygienic products of which the Customer has broken the seal.
Customer cancellation form template
Cancellation form template
Only fill in and return this form if you want to cancel the Agreement.
Passeig Eng. Antoni Garau, 23
07458 CA’N PICAFORT
ILLES BALEARS, SPAIN
I hereby inform you that I wish to cancel our agreement on the sale of the following goods/supply of the following service:
Ordered on __________ / Received on ____________