Terms of service

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Guarantee
Article 11 - Delivery and Execution
Article 12 - Payment
Article 13 - Complaints Procedure
Article 14 - Disputes
Article 15 - Additional or Deviating Provisions
Article 16 - Damage Caused by Use or Delicate Fabrics
Article 17 - Warranty Limitations
Article 18 - Complaints After Return Period
Article 19 – Respectful Communication & Misuse

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
  • Consumer: A natural person not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Long-term transaction: A distance contract concerning a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time.
  • Durable data carrier: Any means that allows the consumer or entrepreneur to store information addressed to them in a way that enables future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
  • Model withdrawal form: The model form for withdrawal provided by the entrepreneur, which the consumer can fill out when they want to exercise their right of withdrawal.
  • Entrepreneur: The natural or legal person offering products and/or services to consumers remotely.
  • Distance contract: A contract where, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, only one or more distance communication techniques are used up to and including the conclusion of the contract.
  • Technique for distance communication: A means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time.
  • General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

CHANO MODESTY

Dijkje 10

3771 BN Barneveld

The Netherlands

Email: info@chanomodesty.com
KVK: 87779862
VAT number: NL004475870B82

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, 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 distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises, and they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically to the consumer before the contract is concluded, in a way that allows the consumer to store it easily on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically, and that they will be sent electronically or otherwise at the consumer's request, free of charge.
In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs of this article will apply, and the consumer may always invoke the most favorable provision in the event of conflicting terms.
If any provision in these general terms and conditions is nullified or annulled, the agreement and the rest of these terms remain in force, and the provision in question will be replaced in mutual consultation with a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of these terms should be explained ‘in the spirit’ of these terms.

Article 4 - The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly mentioned in the offer.
The offer is non-binding. The entrepreneur reserves the right 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.
Each offer includes information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly includes:

  • the price, including taxes;
  • any shipping costs;
  • how the agreement will be concluded and which actions are necessary;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer or the period during which the entrepreneur guarantees the price;
  • the amount charged for distance communication if the cost is based on a rate other than the regular base rate for the used communication technique;
  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way the consumer can check and, if necessary, correct the data provided as part of the agreement before its conclusion;
  • any other languages in which the agreement may be concluded in addition to Dutch;
  • the codes of conduct the entrepreneur has subjected themselves to and the way the consumer can consult these codes electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the conditions set forth.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may inquire, within legal frameworks, whether the consumer can meet their payment obligations, as well as any other relevant facts and factors for responsibly entering into the distance contract. If the entrepreneur has valid reasons not to enter into the contract based on this investigation, they are entitled to refuse an order or attach special conditions to its execution.
The entrepreneur will provide the following information with the product or service to the consumer, either in writing or in such a way that the consumer can store it accessibly on a durable medium:

  • the visiting address of the entrepreneur's business location where the consumer can file complaints;
  • the conditions and manner in which the consumer can exercise their right of withdrawal or a clear statement on the exclusion of the right of withdrawal;
  • information about guarantees and after-sales services;
  • the data referred to in Article 4, paragraph 3, unless the entrepreneur has already provided this information before the execution of the agreement; and
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
    In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
    Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When delivering products:

  • The consumer can dissolve the agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. This cooling-off period starts the day after the product is received by the consumer or a representative appointed by the consumer and communicated to the entrepreneur.
  • During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine if they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and in its original condition and packaging, following the entrepreneur's reasonable and clear instructions.
  • When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must do so using the model withdrawal form or another means of communication such as email. After the consumer has indicated they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.
  • If the consumer has not expressed their intent to use their right of withdrawal or has not returned the product after the periods referred to in paragraphs 2 and 3, the purchase becomes final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they are responsible for the return shipping costs at most.
If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition for this refund is that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided. Refunds will be made using the same payment method as the consumer used unless the consumer explicitly agrees to another payment method.
If the product is damaged due to careless handling by the consumer, they are liable for any depreciation in value of the product.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for the following products:

  • Products or services whose price is dependent on fluctuations in the financial market that the entrepreneur cannot control and which may occur within the withdrawal period;
  • Products manufactured according to consumer specifications or clearly personalized;
  • Products that spoil quickly or have a limited shelf life;
  • Sealed products that, for health protection or hygiene reasons, are unsuitable for return and whose seal has been broken after delivery;
  • Products that are, by their nature, irrevocably mixed with other items after delivery;
  • Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot influence;
  • Sealed audio, video recordings, or computer software, the seal of which has been broken after delivery;
  • Newspapers, magazines, or periodicals, except for subscriptions to them;
  • The delivery of digital content other than on a tangible medium, but only if:
    1. the execution has started with the consumer's explicit prior consent; and
    2. the consumer has declared that they thereby lose their right of withdrawal.

Article 9 - The Price

During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.  
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which are beyond the entrepreneur's control, at variable prices. This dependency on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.  
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.  
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- result from statutory regulations or provisions; or
- the consumer has the right to cancel the agreement from the day the price increase takes effect.  
The prices mentioned in the offer of products or services include VAT.  
All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and applicable legal provisions.

If agreed upon, the entrepreneur also guarantees the suitability of the product for uses beyond normal wear.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights.

Any defects or incorrectly delivered products must be reported in writing within 2 months of delivery. Returns must be made in original packaging and new condition.

This guarantee does not apply in the following cases:

• The consumer has modified or attempted to repair the product;

• The product has been subjected to abnormal conditions, misuse, or has been handled in violation of the instructions;

• The product has been damaged due to improper care or failure to follow care instructions;

• The defect is the result of government regulations regarding materials.

Normal wear and tear, pilling, snagging, or damage caused by friction or external influences are excluded from warranty.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.  
The delivery address will be the address provided by the consumer to the entrepreneur.  
Subject to the provisions of paragraph 4 of this article, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without any costs. The consumer is not entitled to compensation.  
All delivery times are indicative. The consumer cannot derive any rights from any stated times. Exceeding a time limit does not entitle the consumer to compensation.  
In the case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.  
If delivery of a ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.  
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and communicated representative of the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.  
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.  
In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs previously communicated to the consumer.

Article 13 - Complaints Procedure

The entrepreneur has a sufficiently communicated complaints procedure and handles the complaint in accordance with this complaints procedure.  
Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.  
Complaints submitted to the entrepreneur will be answered within 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 the dispute resolution process.  
In case of complaints, the consumer should first contact the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution cannot be reached, the consumer has the option to submit their complaint to the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).  
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.  
If a complaint is deemed justified by the entrepreneur, the entrepreneur will choose to either replace or repair the delivered products free of charge.

Article 14 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This is also the case if the consumer resides abroad.  
The Vienna Sales Convention does not apply.

Article 15 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 16 – Damage Caused by Use or Delicate Fabrics

Our garments are made with care and often crafted from delicate materials. Damage caused by external factors — such as snagging, excessive friction, or rough surfaces — does not fall under our warranty or return policy.

We only accept complaints regarding damage after use when there is clear evidence of a manufacturing defect that was present at the time of delivery.

Article 17 – Warranty Limitations

The following types of damage are not covered by warranty:

• Wear and tear from normal use

• Damage caused by improper care, washing, or drying

• Snagging, pilling, or tearing due to external friction or sharp surfaces

• Failure to follow garment care instructions

Article 18 – Complaints After Return Period

Complaints submitted after the 14-day return period will only be reviewed if there is clear evidence of a defect that was present at the time of delivery.

Complaints based on damage resulting from use or external influences will not be eligible for refund, exchange, or store credit.

Article 19 – Respectful Communication & Misuse

We strive to handle all customer service inquiries with care and respect.

We reserve the right to discontinue communication in cases of offensive, threatening, or abusive behavior.

Public accusations or content that unfairly harms our brand’s reputation may be considered defamation under Dutch law (smaad/laster) and could have legal consequences.