TERMS AND CONDITIONS

Article 1, Definitions.

In these general terms and conditions the following definitions apply: Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance; Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur; Cooling-off period: the period within which the consumer can make use of their right of withdrawal; Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication; Day: calendar day; Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time; Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period; Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

Article 2, Entrepreneur's identity.

Modern Native B.V.

Address: Flevolaan 10, Stadskanaal

E-mail: support@modernnative.nl

VAT identification number: NL863539208B01

Registered with the Chamber of Commerce under number 85185809

Article 3, Applicability.

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and 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, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4, The offer.

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in 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 offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: the price including taxes; the possible costs of delivery; the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the agreement; the period for acceptance of the offer, or the period within which the trader guarantees the price; the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the contract will be archived after its conclusion and, if so, in what way it can be consulted by the consumer; the way in which the consumer, before concluding the contract, can check the data provided by them in the context of the contract and, if desired, rectify it; any languages other than Dutch in which the contract can be concluded 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 event of a duration transaction.

Article 5, The agreement.

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated thereby. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur may - within legal frameworks - inform themself whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier: The visiting address of the trader's office where the consumer can go with complaints; The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; The information about guarantees and existing after-sales service; The details included in Article 4 Paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these details prior to the implementation of the agreement; The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6, Right of withdrawal on delivery of products.

As stated in Article 8(2)(d), due to the perishable nature of the product, the Right of Revocation is excluded as far as possible.

Article 7, Costs in case of withdrawal.

If the consumer exercises their right of withdrawal, they shall bear at most the costs of return shipment. If the Consumer has paid an amount, the Entrepreneur shall return this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

Article 8, Exclusion of right of withdrawal.

The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products Which have been created by the entrepreneur in accordance with specifications of the consumer; Which are clearly personal in nature; Which cannot be returned due to their nature; Which spoil or age quickly; Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; For individual newspapers and magazines; For audio and video recordings and computer software of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: Concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period; Of which the delivery has started with the express consent of the consumer before the reflection period has expired;

Article 9, Price.

During the validity period stated in the offer, the prices of the products and/or services on offer 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 over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices will be mentioned in the offer. Price increases within 3 months of the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: They are the result of legal regulations or provisions; or The consumer has the authority to cancel the agreement as of the day on which the price increase takes effect. The prices mentioned in the offer of products or services include VAT.

Article 10, conformity and guarantee.

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 existing statutory provisions and/or government regulations on the date the contract was concluded. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.

Article 11, Delivery and implementation.

The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has made known to the company or the company's address if this has been chosen. If at the intended time of delivery by the postman or courier neither the consumer nor a person designated by them is present at the delivery address or the consumer or the above-mentioned designated person is unable or unwilling to take delivery of the parcel, Modern Native no longer guarantees the contents of the package from that moment on. In such a case the delivery man will, if possible, deliver the parcel to your neighbours and leave a note in your letterbox. If nobody is at home, or if the delivery is not possible for other reasons, the parcel will be returned. The financial risk of this situation lies with the buyer. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise. In case of delivery, the delivery date indicated by the consumer is a target date. In case of delivery the day after the indicated delivery date, the consumer has a best-efforts obligation. If the consumer is unable to accept the package, the consumer should discuss this with the entrepreneur, no later than on the indicated delivery date, by telephone or e-mail.

Article 12, duration transactions.

The consumer may at any time terminate an open-ended contract that has been concluded for the regular delivery of products or services, subject to the agreed termination rules and a period of notice that does not exceed one month. The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products or services at any time towards the end of the fixed-term contract in compliance with the applicable termination rules and a period of notice that does not exceed one month. The consumer may terminate the open-ended contracts referred to in the previous paragraphs: at any time and not be limited to termination at a specific time or in a specific period; at least terminate them in the same way as they were entered into by the consumer; always terminate them with the same notice period as the entrepreneur has stipulated for themself. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a period of notice not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13, Payment.

Unless otherwise agreed, the amounts owed by the consumer should be paid through the facilities offered by the web shop. When selling products to consumers, general conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur. In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs communicated in advance to the consumer.

Article 14, Complaints procedure.

The entrepreneur has a sufficiently publicised complaints procedure, as explained in more detail in Article 16, and handles complaints in accordance with this complaints procedure. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. 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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15, Applicable law.

On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies.

Article 16, complaints procedure.

Modern Native strives for customer satisfaction. Are you not satisfied with a product or with our service? Then we would like to hear about it. You can make your complaint known to us via the contact form on the website or by e-mail in accordance with the conditions mentioned in Article 14 paragraph 2. Our e-mail address is support@modernnative.nl.

Modern Native will deal with your complaint and will respond within the period mentioned in Article 14 Paragraph 3.