General Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these General Terms and Conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;

Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and / or services, one or more distance communication technologies are used exclusively up to and including the conclusion of the agreement;

Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

ZenVox Limited
FLAT B01, 2/F, KIN TAK FUNG IND BUILDING
174 WAI YIP STREET
KWUN TONG
HONG KONG

Email address: support@hausofmode.co

Phone number: +12512773385

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 the conclusion of the distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the General Terms and Conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If, contrary to the preceding paragraph and before the distance contract is concluded, the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded it will be stated where the General Terms and Conditions can be read electronically and that they will be sent free of charge at the consumer's request, either electronically or in another way.

In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always invoke the provision most favorable to them.

If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or declared void, the agreement and these General Terms and Conditions shall otherwise remain in force and the provision in question shall be replaced without delay by a provision that approximates the purpose of the original as closely as possible.

Situations not regulated in these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguities regarding the explanation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the

Consumer offer. If the entrepreneur uses images, they are a truthful representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images and specification data in the offer are indicative and cannot give rise to compensation or termination of the contract.

Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will make use of the special arrangement for postal and courier services with regard to imports. This arrangement applies when the goods are imported into the Union country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the charged customs clearance costs) from the recipient of the goods;

the possible shipping costs;

the way in which the agreement is concluded and what measures are required for this;

whether the right of withdrawal applies or not;

the method of payment, delivery, and performance of the contract;

the period for acceptance of the offer or the period within which the trader guarantees the price;

the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;

the way in which the consumer can check and, if necessary, restore the data provided by them in the context of the contract before the contract is concluded;

all other languages in which the agreement can be concluded in addition to Dutch;

the codes of conduct to which the trader has submitted, and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a duration transaction. Optional: available sizes, colors, type of materials.

ARTICLE 5 - THE AGREEMENT

Subject to the provisions of paragraph 4, the contract is concluded at the time the consumer accepts the offer and the conditions set therein are fulfilled.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

Within the legal framework, the trader may investigate whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, the trader is entitled to refuse an order or to impose special conditions on the performance, stating reasons.

The trader sends the consumer the following information with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the trader's establishment to which the consumer can direct complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information contained in Article 4 paragraph 3 of these General Terms and Conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
the conditions for terminating the contract if the contract has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the preceding paragraph applies only to the first delivery.

Every contract is concluded subject to the suspensive conditions of sufficient availability of the relevant products.

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to terminate the contract without giving reasons for 30 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and notified to the trader.

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories and - if reasonably possible - in its original condition and original packaging, in accordance with the entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the goods. The consumer must make this known by written message / email. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If the customer has not notified after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the webshop owner or conclusive proof of complete return can be submitted.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the

The entrepreneur has made this clearly known in the offer, at least in time for the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

that were created by the entrepreneur according to the consumer's specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal the consumer has broken.
for hygiene products whose seal the consumer has broken.

An exclusion of the right of withdrawal is only possible for services:

Accommodation, transport, restaurant or leisure activities to be provided on a specific date or during a specific period;
the delivery of which began with the consumer's express consent before the end of the cooling-off period;
in relation to betting and lotteries.

ARTICLE 9 - THE PRICE

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no control, at variable prices. This exposure to fluctuations and the fact that the stated prices are guide prices are indicated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are based on statutory provisions or regulations.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:

resulting from statutory provisions or regulations; or
The consumer has the right to terminate the contract with effect from the day the price increase takes effect.

The place of delivery is determined on the basis of Article 5(1) of the Turnover Tax Act 1968 in the country where the transport begins. In the present case, this delivery takes place outside the EU. The postal or courier service will then collect the import VAT or customs clearance costs from the customer. Therefore, no VAT is charged by the trader.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force at the time the contract is concluded. If agreed, the trader also guarantees that the product is suitable for a use other than normal use.

A guarantee from the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the business owner in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.

The business owner's warranty period corresponds to the manufacturer's warranty period. However, the business owner is never responsible for the ultimate suitability of the products for each individual application by the consumer or for advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or processed the delivered products himself and/or had them repaired and/or processed by third parties;

The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or, contrary to the instructions of the business owner, have been treated contrary to the instructions on the packaging;

The deficiency is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND PERFORMANCE

The business owner will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address the consumer has provided to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed or if an order cannot be fulfilled, or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and is entitled to compensation.

In the event of termination in accordance with the previous paragraph, the business owner will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the business owner will make every effort to provide a replacement item. It will be clearly and understandably stated no later than upon delivery that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs will be borne by the business owner.

The risk of damage to and/or loss of products rests with the business until the time of delivery to the consumer or a representative made known to the business, unless expressly agreed otherwise.

ARTICLE 12 - TERM TRANSACTIONS: DURATION, TERMINATION AND EXTENSION

Termination

The consumer may terminate a contract concluded for an indefinite period and covering the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period and covering the regular delivery of products (including electricity) or services at any time toward the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

In the agreements referred to in the preceding paragraphs, the consumer may

cancel at any time and not be limited to termination at a specific time or during a specific period;

cancel at least in the same way as they were entered into;

Always cancel with the same notice period that the business has set for itself.

Extension

A contract concluded for a definite period and covering the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, a contract concluded for a definite period and covering the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a definite period and covering the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract covers the agreed, but less than once a month, daily, news and weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.

Expensive

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in the provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.

ARTICLE 16 – SMS MARKETING

By consenting to Haus of Mode's SMS marketing at checkout and initiating a purchase or signing up through our subscription tools, you agree to receive recurring SMS notifications (for your order, including reminders about abandoned purchases), text marketing offers, and transactional texts, including review requests from us, even if your mobile number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative opt-out methods, such as using other words or requests, will not be considered a reasonable method of unsubscribing. We do not charge for the service, but you are responsible for all costs and fees charged by your mobile carrier for text messages. Message and data rates may apply.

If you have any questions, please text HELP to the number from which you received the messages. You can also contact us at https://hausofmode.co/pages/hilfecenter for more information.

We reserve the right to change the telephone numbers or short codes we use to operate the service at any time. You will be notified in such cases. You agree that messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received, and we are not liable for fulfilling requests made in such messages.

To the extent permitted by law, you agree that we are not liable for any failed, delayed, or misdirected delivery of information sent through the service, for errors in such information, and/or for any actions you do or do not take in reliance on the information or the service.

Your right to privacy is important to us. In our privacy policy https://hausofmode.co/pages/datenschutz-bestimmungen you can read how we collect and use your personal data.

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