General terms and conditions MODIY

Article 1 Applicability

  1. These general terms and conditions apply to all offers from MODIY and to all agreements that MODIY concludes with its customer. The customer of MODIY is hereinafter referred to as ‘the customer’.
  2. MODIY provides these general terms and conditions to the customer before or when concluding an agreement. If the agreement with MODIY is concluded electronically, MODIY will make its general terms and conditions available to the customer in such a way that they can be stored by him or her and are accessible to him or her for later reference. The general terms and conditions of MODIY can also be consulted via the MODIY website www.modiy.nl. At the customer’s request, MODIY will also send its general terms and conditions to the customer electronically or in another way.
  3. By placing an order with MODIY, the customer acknowledges that he or she is familiar with the content of these general terms and conditions and agrees with them.
  4. The applicability of the customer's general terms and conditions is explicitly rejected by MODIY.
  5. If an article of these general terms and conditions is void or voidable, the article in question will be replaced by an article that is as close as possible to the original article in terms of content. The other articles of these general terms and conditions will then remain in full force.
  6. Deviations from these general terms and conditions only bind MODIY if they have been expressly and in writing.

Article 2 Offers

  1. Every offer from MODIY, in whatever form, is made entirely without obligation and does not bind it, unless MODIY has set a term for acceptance in the offer. If the customer does not accept MODIY's offer in time in that case, MODIY's offer will lapse immediately and automatically after the expiry of the relevant term.
  2. Verbal commitments only bind MODIY if they have been expressly and in writing confirmed to the customer by MODIY. 3. Each offer from MODIY contains a description of the products and/or services offered that is as complete and accurate as possible. The description is sufficiently detailed to enable the customer to properly assess the offer. If MODIY uses images, it strives to provide a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in an offer do not bind MODIY.
  3. A composite offer does not oblige MODIY to perform part of the order for a corresponding part of the stated price.
  4. An offer from MODIY does not automatically apply to future agreements.
  5. If a customer has accepted the offer from MODIY - by placing an order and paying the total amount - MODIY will provide the customer with an order confirmation. If the customer does not dispute the correctness of the order confirmation within 2 hours thereafter, the customer is bound by it. The customer is aware that the statutory cooling-off period of 14 days expressly does not apply to purchases from MODIY in connection with the type of custom-made products.

Article 3 Prices

  1. The prices stated by MODIY on its website or otherwise include VAT, unless expressly stated otherwise.
  2. The prices stated by MODIY on its website or otherwise exclude shipping costs, unless expressly stated otherwise. The costs for delivering the customer's order are therefore added to the price of the order and are payable by the customer. These costs differ per country where MODIY delivers. These costs are stated by MODIY in the ordering process. If these costs subsequently appear to be higher, the customer also owes the increase to MODIY and MODIY is entitled to charge the increase to the customer.
  3. The prices stated by MODIY are in Euros.
  4. Prices will not be increased within the term of the offer, unless legal measures make this necessary or if a manufacturer implements interim price increases.
  5. After payment of the order, a confirmation email will be sent. MODIY checks the order for correctness and feasibility. Sending the confirmation email is considered approval of the order. MODIY reserves the right to adjust or cancel the order.

Article 4 Delivery time

  1. The delivery time is estimated by MODIY as accurately as possible, but can only be considered an estimate and never as a fatal term.
  2. If MODIY does not have the item or items ordered by the customer in stock, MODIY is entitled to only deliver when the item or items in question are in stock again.
  3. If the item or items ordered by the customer are no longer available at all is or are, MODIY has the right to deliver another item/items of equal quality and price to the customer.
  4. MODIY is entitled to inquire whether the customer can meet his payment obligations, as well as all those facts and factors that are important for justifying an agreement with the customer. If MODIY has good reasons not to enter into the agreement based on this investigation, MODIY is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The customer is not entitled to any compensation in any form whatsoever, in the event of a possible exceedance of the delivery time estimated by MODIY, unless this has been expressly agreed, or if the exceedance is the direct and immediate result of gross negligence or gross carelessness on the part of MODIY.
  6. The customer cannot terminate the agreement with MODIY due to exceeding the delivery time and cannot refuse receipt and/or payment of the items to be delivered.

Article 5 Delivery

  1. MODIY delivers the items and accessories ordered from it (hereinafter always together: 'the items') to the home, unless the parties have expressly agreed in writing on another method of delivery.
  2. MODIY engages a third party to transport the items and deliver them to the customer.
  3. If damage and/or defects are found upon delivery, the customer must report this immediately, no later than after 8 working days and before the items are used or installed.
  4. Upon delivery, the order will be delivered as close to the home as possible, depending on the accessibility of the location.
  5. Unless expressly agreed otherwise in writing, the customer must ensure that any necessary permission, exemptions and permits are obtained within the transport area.
  6. If, upon delivery to the customer or upon unloading items from MODIY, damage occurs to the MODIY transport vehicle and/or to the items transported in it due to the actions of the customer, the customer of MODIY is liable for this. The customer is then obliged to immediately compensate MODIY for this damage in full.
  7. The customer is obliged to accept the goods at the time they are delivered to him.
  8. From the moment of delivery, the goods are entirely at the customer's expense and risk.
  9. If the customer refuses to accept the goods, is not present at the agreed time or is negligent in providing information or instructions that are necessary for delivery, the goods will be stored by MODIY at the customer's expense and risk. In that case, the customer is directly liable to MODIY for the resulting transport costs, storage costs and any other costs.
  10. The customer must ensure that the packaging material is cleared away or removed.

Article 6 Returns

The goods delivered by MODIY are custom-made. This also applies to the packaging in which the goods are delivered. MODIY will therefore not accept any returns of goods and/or packaging, except in the case in which, according to MODIY, there is a production error and the requirements as stated in article 7 paragraph 8 of these general terms and conditions have been met.

Article 7 Inspection and complaints

  1. Every customer of MODIY is obliged to examine the delivered goods upon delivery for correctness of the order, quantity and defects.
  2. Minor deviations that are considered acceptable in trade and cannot be avoided can not constitute grounds for complaints.
  3. Defects or shortages must be reported to MODIY in writing by the customer within 8 working days after delivery and before installation.
  4. No complaints can be made regarding defects or shortages that are only discovered after 8 days after delivery (or thereafter). 5. If the customer has not complained about a defect or shortage within the period stated in paragraph 3 of this article, the customer will no longer be entitled to repair, replacement or compensation and the customer must pay the costs incurred by MODIY, insofar as these are reasonable.
  5. If, according to MODIY, it is established that an item is defective and the customer has complained about this in a timely manner, MODIY will ensure that the defective item is repaired within a reasonable period. In the event of replacement of the item, the customer is obliged to return the item to be replaced to MODIY in the original packaging.
  6. The customer cannot invoke a defect in the performance of MODIY if he or a third party has processed the items delivered by MODIY.

Article 8 Liability

  1. MODIY is not liable for defects of any nature whatsoever arising from the fact that it has assumed incorrect and/or incomplete data provided by or on behalf of the customer.
  2. Processing by the customer or third parties of the items delivered by MODIY entails that any form of liability on the part of MODIY lapses.
  3. Except in the case of intent or gross negligence by MODIY or one of its managers, MODIY is only liable for direct damage and its liability is limited to the amount paid out by its liability insurer, plus the deductible. If for whatever reason no payment is made by MODIY's insurer, MODIY's liability is limited to a maximum of the amount invoiced by MODIY to the relevant customer for the delivery to which the damage relates. 4. In no event shall MODIY be liable for business, consequential and/or indirect damage, including but not limited to loss of profit and turnover, stagnation damage, delay in construction, loss of orders, processing costs, lost returns, immaterial damage, etc. MODIY is also not liable for damage that can be attributed to the actions or omissions of the customer or a third party engaged by the customer.
  4. All rights of action and other powers (on whatever grounds) that the customer has against MODIY must be received in writing by MODIY within one year and one day after the moment at which they arose or the customer became aware of them or could reasonably have been aware of them, under penalty of forfeiture.
  5. The customer indemnifies MODIY against any claims by third parties who suffer damage in connection with the performance of the agreement, unless (and insofar as) the damage is exclusively the result of intent or gross negligence on the part of MODIY or its managers. In all other cases, third parties can never make claims against MODIY.

Article 9 Retention of title

  1. Without prejudice to the provisions of article 5 paragraph 8 of these general terms and conditions, MODIY retains ownership of all products delivered to the customer until the purchase price for all these products has been paid in full, including any interest and costs due. The retention of title also applies to claims that MODIY may obtain against the customer due to the customer's failure to meet one or more of its obligations towards MODIY under the agreement or such agreements concluded between the parties.
  2. If and as long as the products are subject to retention of title, the customer is not permitted to alienate these products or to establish any limited right thereto, other than in the (possible) normal exercise of its business.
  3. The customer has a duty of care with regard to the products subject to the retention of title and must insure them and keep them insured against the usual risks, including in any case a home contents insurance that covers risks against fire, theft, explosion and water damage.
  4. If the customer fails to fulfil his obligations under any agreement concluded with MODIY, or if MODIY has good reason to fear that the customer will fail to fulfil his obligations under any agreement concluded with MODIY, MODIY is at all times authorised to take back the products delivered to the customer, to remove them (or have them removed) and to store them elsewhere. In particular – but not exclusively – this right exists if (I) the customer has applied for a suspension of payments or bankruptcy, (II) the customer's bankruptcy is/has been applied for or declared or (III) the customer makes a payment arrangement with one or more creditors. In the event that MODIY wishes to exercise its ownership rights as indicated in this article, the customer hereby grants unconditional and irrevocable permission to MODIY, or a third party to be designated by it, to enter all locations where the products that are the property of MODIY are located and to take back those products.
  5. All costs relating to the exercise of the retention of title, including the costs of transport and storage, shall be borne by the customer.
  6. In the event that MODIY has exercised its retention of title, MODIY is at all times entitled, but not obliged, to sell the products to a third party, and the customer will be credited by MODIY for the value of the products in economic traffic, to be determined by MODIY, or the net sales value, whichever amount is the lowest, reduced by all costs incurred for the take-back, without prejudice to MODIY's right to compensation for the damage resulting from the customer's failure to perform for MODIY.

Article 10 Payment

  1. If the customer places an oral or written order with MODIY, this creates a payment obligation for the customer.
  2. Payment by the customer is made before placing the order and production.
  3. In the event of non-payment, MODIY has the right to suspend delivery or to terminate the agreement and claim damages. The purchase price of what has already been delivered by MODIY to the customer will then be immediately due and payable.
  4. What the customer owes MODIY will be fully and immediately due and payable if the customer (I) threatens to obtain or obtains a suspension of payments, (II) threatens to go bankrupt or goes bankrupt or (III) threatens to be admitted to debt restructuring or is admitted to it.
  5. A customer is not entitled to offset any amount against what must be paid to MODIY and/or to invoke suspension.
  6. Shipping costs must be paid to MODIY by the customer at all times.

Article 11 Intellectual property rights

All intellectual and industrial property rights on all items delivered to the customer are the sole property of MODIY or its licensors or suppliers. The customer is not permitted to copy these items or otherwise infringe the intellectual property rights of MODIY or its licensors or suppliers.

Article 12 Privacy

  1. The data provided by the customer will be included in the MODIY customer file. This file will also include the data necessary for processing orders, such as order, delivery and payment data.
  2. MODIY complies with the obligations arising from the Personal Data Protection Act. MODIY will ensure appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing.

Article 13 Warranty

The items delivered by MODIY must correspond to the agreement. MODIY does not provide any further guarantee.

Article 14 Disputes

  1. All legal relationships between MODIY and the customer are exclusively governed by Dutch law.
  2. The applicability of the Vienna Sales Convention is expressly excluded.
  3. All disputes concerning or arising from or related to an agreement or offer, quotation, order confirmation, delivery of products and/or services and invoices from MODIY concluded by MODIY will be submitted exclusively to the competent judge of the South Holland District Court, Dordrecht location.

This page was last modified on 01-05-2025