Terms and Conditions

Please carefully read these general terms and conditions before making your order on our Modus Vivendi website.

 

General Terms and Conditions of the www.modus-vivendi.com website (Latest version: December 2014)

 

For customized or made-to-measure products: The consumer doesn’t have the right to cancel the purchase.

For products of the Modus Vivendi collection: The consumer has the right to notify Modus Vivendi that he cancels the purchase, free of charge and without giving any reason, within fourteen calendar days from the day after the delivery of the product or the validation of the order.


Preamble.

Article 1.      GTCS’s Acceptance.

Article 2.      Products

Article 3.      Prices

Article 4.      Order

4.1.              Choice, Customization of the Product and Registration.

4.2.              Validation of the Order

4.3.              Payment and Confirmation.

Article 5.      Address and Delivery Date.

Article 6.      Product’s Unavailability.

Article 7.      Transportation and Receipt of the Products

Article 8.      Right of Withdrawal

Article 9.      Warranty, Errors, Responsibility.

Article 10.    Force majeure.

Article 11.    Personal Data Protection.

Article 12.    Intellectual Property.

Article 13.    Assignment of Jurisdiction and Applicable Law.

Article 14.    Contact

 

 

Preamble

The website www.modus-vivendi.com (hereinafter the « Website ») is an e-commerce website. It is edited by the company Modus Vivendi SA (hereinafter « Modus Vivendi »), whose information is provided under Article 14 hereunder.

Via the Website, Modus Vivendi mainly offers for sale household linen, bathroom towels, conference or table linen, whether customized or from its own collection (hereinafter together the « Products »), to Internet users visiting the Website (hereinafter the « Users »). The Users declare that they have full legal capacity.

For the purpose of these General Terms and Conditions (hereinafter the « GTCs »), it is agreed that a User who has validated an order becomes a « Buyer ». The rights and obligations of the User apply also to the Buyer.

The GTCs are available in French, Dutch and English and apply to consumers (within the meaning of the Belgian Code of Economic Law) and to non-consumers. However, Article 8 does not apply to non-consumers. The nullity of a clause of the GTCs will not lead to the nullity of the other clauses of the present GTCs, which remain applicable.

 

Article 1.         Acceptance

The User acknowledges that he has read the GTCs at the time of the order. He expressly declares that he accepts them without condition by using the Website and/or by ticking the box “I agree to the General Terms and Conditions of Modus Vivendi” on the Website, notwithstanding any provision to the contrary in its general or specific terms and conditions.

The GTCs enter into force from the date of the order and remain effective for the time necessary to deliver the Products, until the expiry of the warranties.

Modus Vivendi reserves the right to modify the GTCs at any time. In case of change, the GTCs in force at the date of the order will apply. Modus Vivendi does not keep any copy of previous versions of the GTCs. The latest version of the GTCs is available on the Website or on request made by email or by letter (see Article 14). Therefore, the User shall keep a copy of the GTCs in force at the time of the order.

 

Article 2.          Products

The Products offered for sale on the Website are either (i) customized by the User, or (ii) part of the Modus Vivendi collection available on the Website. The Products offered for sale on the Website are described and presented with the highest accuracy and care possible. However, the photographs and texts showing the denomination, color, fabric, embroideries, finishing touches, patterns and other characteristics of the Products only have an indicative value and are not part of the contract. Modus Vivendi is not liable for any mistake or omission.

The Buyer has always the possibility to contact Modus Vivendi to obtain additional information on the Products offered for sale, or if he wants to order a Product that is not on the Website.

 

Article 3.         Prices

Except as otherwise specified, the prices mentioned on the Website are always in euro and VAT inclusive.

In some cases (depending on the value of the goods and the country of delivery), Modus Vivendi will take in charge the delivery costs. When the delivery costs are paid by Modus Vivendi, it is clearly mentioned on the Website. In any other case, the delivery costs are to be borne by the Buyer and vary according to the geographic zone in which the Buyer wants to have his order delivered, the price of the order and the terms of delivery.

Ancillary charges such as payment fees, packaging fees, insurance fees, admin fees, export/import permits, transit authorizations and any other charges due to authorizations or legalization, among others, are to be solely borne by the Buyer. The Buyer will also bear any tax, fee, levy and custom duty in relation to the Product, even if the amount of such fee is not known at the time of the transaction and if the costs arise at a later stage.

Ancillary charges (including delivery costs, when applicable) are invoiced in addition to the price mentioned on the Website. Those charges are specified to the User at the time of the confirmation of the order in the order summary, provided that the charges are identifiable at that time (see Article 4).

Modus Vivendi reserves the right to change its prices at any time and without prior notice, but the Products will be invoiced on the basis of the prices in effect at the time of confirmation of the order.

 

Article 4.         Order

4.1.Choice, Customization of the Product and Registration

When the User wants to place an order, he selects the Product he is interested in. In the case of a customized product, the User follows the instructions on the Website to customize the selected Product(s). The User then places the pre-order into his “Basket”.

If the User does not find the product he is looking for on the Website or if the system cannot generate a price, he can contact Modus Vivendi by sending an email to the following address: « contact@modus-vivendi.com ».

The User must then register on the Website by creating an account and entering his personal data.

 

4.2.Validation of the Order

When he wishes to do so, the User can confirm his order. After such validation it is not possible to change the order anymore. In his “Basket”, the User must click on “Order” and accurately enter his data step by step. He enters his personal data as well as the information necessary for payment, invoicing and delivery or pick up of the Products.

The User can either choose to finalize his order as a “guest” (in that case, the User introduces its data for the order in progress, but will not be able to connect later on to the interface “my account” to reuse the information previously entered), or register by creating an account.

In case the data is incomplete or inaccurate, Modus Vivendi reserves the right to cancel the order.

An order summary then appears on the screen showing the type, quantity, price of the Products, the estimated delivery periods, the delivery costs and other ancillary charges, the existence or not of a right of withdrawal, as well as the payment method and type of delivery or pick up.

Before clicking on “Pay”, the User must tick the box “I agree to the General Terms and Conditions of Modus Vivendi”. If not, the order will not be validated.

As soon as the User clicks on “Place the Order”, he definitely validates the order. The order is then registered and becomes irrevocable. The User becomes a Buyer. Such validation of the order constitutes an electronic signature which has, between Modus Vivendi and the Buyer, the same legal value as a handwriting signature.

 

4.3.Payment and confirmation

The ordered Products, delivery costs and ancillary charges are payable online on the Website via the Ogone interface. The payment methods that are accepted are mentioned on the Website when ordering.

Ogone verifies the validity of the credit card before authorizing payment, which is then confirmed to Modus Vivendi. A confirmation email is sent to the Buyer to the email address mentioned in the ordering form.

The confirmation email will include: an order summary, the description of the ordered Product, the existence of the right of withdrawal, the price of the order, the delivery information and a link to the Modus Vivendi General Terms and Conditions.

It is recommended to print and to keep a copy of that confirmation email. In case of a refusal from Ogone, the order is automatically canceled and the Buyer is notified, also by an email to the email address mentioned on the ordering form, mentioning the reasons of the refusal. The information regarding the Buyer’s credit card is processed by Ogone. Modus Vivendi  does not have access to such information.

 

Article 5.          Address and Delivery Date 

The order is delivered to the address mentioned by the Buyer at the time of the validation of his order, or to any other delivery point chosen at the time of the order (post office, etc.). Modus Vivendi and the transporter are in no case responsible in case of absence of the recipient at the time of the delivery of the order or for any error in the information provided by the Buyer on his ordering form. In case of absence of the recipient or any person capable of taking possession of the ordered Products at the time of the delivery, the transporter will leave a delivery note to the delivery address mentioned by the Buyer, inviting him to pick up the Products.

The delivery date provided in the order summary is indicative. If the preparation of the Products cannot be made before that date, Modus Vivendi contacts the Buyer by email or letter (to the address provided at the time of the creation of the account – see Article 4.1) in order to agree to an extension of the delivery period. The possible extensions to the delivery period do not give the Buyer the right to cancel the order or to refuse the Products, nor to claim damages.

 

Article 6.          Product’s Unavailability

Should a Product be unavailable (shortages or impossibility to obtain raw material, for example) after the validation of the order by the Buyer, the Buyer is informed by email or by letter as soon as possible. If need be, the Buyer can then choose to cancel the order or to choose another Product. In case of cancelation, the payment made by the Buyer is refunded within thirty days. The partial or total non-performance of an order in case of unavailability of a Product does not give right to a claim for compensation from Modus Vivendi.

 

Article 7.          Transportation and Receipt of the Products

Once the bank account of the Buyer has been debited of the price of the order or once the payment has been accepted by the credit institution, Modus Vivendi will proceed to the dispatch of the ordered Product. Modus Vivendi reserves the right to choose the transporter. The risks of transportation are on the Buyer.

The Products are subject to reception at the time of the delivery by handwriting initials on the document handed on the day of the delivery.

 

Article 8.          Right of Withdrawal

The Website offers customizable Products for sale (according to the manufacturing specifications chosen by the Users) or Products from the Modus Vivendi collection (in which case the Users cannot customize the Products).

Under the distance contract legal provisions (Article VI.53 of the Belgian Code of Economic Law), the Buyer (consumer) cannot exercise any right of withdrawal for the provision of customized Products.

On the contrary, the Buyer of Products from the collection, if he is a consumer, can withdraw his order within fourteen calendar days from the day after the day of delivery. The only costs that could be borne by the Buyer following the exercise of his right to withdraw are the direct costs incurred by the re-expedition. Modus Vivendi refunds the amounts paid by the Buyer, without any other cost. Such refund will be done within thirty days following the exercise of the right of withdrawal.

 

Article 9.          Warranty, Errors, Responsibility

Modus Vivendi commits to deliver the Products in accordance with the specifications of the order and to repair or replace the non-compliant Products. It is however the responsibility of the Buyer to check the Products upon reception in order to determine the existence of apparent defects. Modus Vivendi cannot be held responsible for defects incurred during transportation (see Article 7 here above).

Any claim from the Buyer must be sent by email or letter to Modus Vivendi within eight days from the reception of the Product (address mentioned under Article 15 hereunder). Modus Vivendi does not accept any return of Products without prior written consent. The Buyer must return the non-compliant Product in its original condition and packaging to the same address. Upon reception of the Product by Modus Vivendi and after ascertainment of the error or defect, Modus Vivendi will fully refund the costs of restitution of the Product to the Buyer. Modus Vivendi will contact the Buyer in order to proceed to the exchange or refund of the Product.

Once the period of eight days is over, the Product is deemed compliant and free from apparent defect. Any claim made after that period is non-effective against Modus Vivendi.

Within the limitations of what is authorized by law, Modus Vivendi does not give any warranty and accepts no liability (i) for any indirect damage caused to the Buyer by Modus Vivendi’s fault (ii) in case of non-performance or defective performance of the contract due to an act or omission of the Buyer or of Modus Vivendi’s partners, such as Ogone and Bpost. Modus Vivendi does not guarantee the quality, safety or conformity of the services provided by its partners and invites the Buyer to take action against them in that regard (iii) for any damage caused to the Buyer due to the use by a third party of his account or password (iv) for any damage resulting from an error in the data or information on the Website, such as typing error or any other approximation. In any case, the responsibility of Modus Vivendi is limited to the refund of the price of the Products bought by the Buyer.

Modus Vivendi commits to provide all its efforts to ensure the proper functioning of the Website. Some events could affect the proper functioning of the Website and cause disruptions, even interruptions on the Website, such as the maintenance and development of the Website, the intervention of a third party or the risks or reduction in speed inherent to the use of the Internet. Modus Vivendi accepts no liability in case of interruption or disruptions of the service, loss of data or virus dissemination.

In case of alleged responsibility of Modus Vivendi for hidden defects as defined under articles 1641 to 1649 of the Civil Code, Modus Vivendi shall in any case not be held responsible if it can prove that the defect was undetectable.

 

Article 10.      Force majeure

The performance of Modus Vivendi’s obligations is suspended as of right, without prior notification, in case an event beyond Modus Vivendi’s control should take place that would make the performance of its obligation impossible, such as a strike, a fire or a damage to the manufacturing installation and machines, a disruption in the supply of energy sources and generally, in any unforeseen circumstance regarding the people and equipment Modus Vivendi needs to perform its obligations.

 

Article 11.       Personal Data Protection

The User expressly agrees to the use of his personal data (among others: Surname, Name, Company Name, VAT, Email, Street, Street number, City, ZIP, Phone). Such data is necessary for the processing and the delivery of the orders, as well as to the preparation of the invoices. Such data is strictly confidential. It is mandatory, and the lack of such data may lead to a rejection of the order.

Pursuant to the Belgian Act of 8 December 1992 on privacy protection in relation to the processing of personal data, the User has the right to access, modify, rectify or delete his personal data. In order to exercise his right, the User must connect to the “My account” interface or send an email or a letter to Modus Vivendi (see the contact details provided under Article 14 hereunder). The purpose of the processing of the User’s personal data by Modus Vivendi is the processing of the order, the delivery and the preparation of the invoices, but the data could also be used in the framework of the general management of the relation with the customers, including marketing. To this regard, on simple request and free of charge, the User has the right to object to the processing of his personal data for direct marketing.

 

Article 12.       Intellectual Property

The Website and the Products are protected by intellectual rights throughout the world. These intellectual rights are the property of Modus Vivendi. Except previous and written consent from Modus Vivendi, it is forbidden to reproduce (copy, download, adapt, translate,…) or communicate to the public by any way possible, all or part of the Website, its content or the Products.

 

Article 13.       Jurisdiction and Applicable Law 

The GTCs and the contractual relationship between Modus Vivendi and the User are governed by Belgian Law. In case of litigation, only the courts of Brussels will be competent.

 

Article 14.      Contact

The Website is edited by Modus Vivendi SA, whose contact details are:

 

Business Number: BE 0446.479.320

RPM - Brussels

Contacts: contact@modus-vivendi.com

Address:          

Modus Vivendi SA
Avenue Roger Vandendriessche, 20
1150 Brussels
Belgium

Phone              00 32 (0)2 779 11 41

Fax                  00 32 (0)2 779 11 42