Terms and Conditions

**Terms and Conditions**

1. **Definition and Scope**

1.1 In these General Terms and Conditions, the following terms have the following meanings:

(a) "Offer" means the products offered by the contractor;

(b) All transactions are subject to the laws of Hong Kong. These terms of use and any separate agreements through which we provide services to you are governed by the laws of Hong Kong and will be construed in accordance with them.

Daily Mode® customer service can be reached at the following address:
- Email: support@dailymode.co.uk

(d) "Withdrawal period" is the period during which the consumer can exercise their right of withdrawal;

(e) "Consumer" is a natural person who is not acting in the course of a profession or business and who enters into a distance contract with a representative;

(f) "Form": the withdrawal form that the provider hands to a consumer who wishes to exercise their right of withdrawal according to the annex to the terms.

(g) "Right of withdrawal": the possibility for the consumer to withdraw from the contract within the withdrawal period;

(h) "Buyer": the person with whom a contract is concluded on behalf of the supplier.

(i) "Supplier": the provider of a product.

(j) "Contract": a contract for the purchase of goods concluded or to be concluded between the buyer and the supplier through a representative, which provides for the exclusive use of one or more means of distance communication for the conclusion of the contract.

(k) "Written": digital communication in the form of characters that can be stored on a durable medium, the method of storage being determined by the authorized person;

1.2 These General Terms and Conditions apply to all offers, orders, and contracts of the contractor, including all supplements and amendments, as well as to all subsequent agreements.

1.3 The applicability of any general terms and conditions or (purchasing) conditions of the buyer of the contractor is expressly rejected.

1.4 The General Terms and Conditions are drafted in German and in the following additional languages: Dutch and Danish. In case of a conflict between the German version and other language versions of the General Terms and Conditions, the Dutch version of the General Terms and Conditions is decisive.

1.5 Articles 11.5, 11.6, 12, 13, and 14 of the General Terms and Conditions apply only to consumers.

1.6 Should one or more provisions of the General Terms and Conditions be wholly or partially invalid or void at any time, the contract and these General Terms and Conditions shall remain in force, and the relevant provision shall be replaced immediately by a provision that most closely corresponds to the meaning and purpose of the original provision, as mutually agreed.

2. **Direct Delivery**

2.1 The supplier's data is available on the website.

2.2 If the supplier is not domiciled in the Netherlands, the ordered product will be registered in the name of the buyer. All additional costs, such as VAT, customs clearance fees, and other government levies, are borne by the buyer.

2.3 The prices stated in the offer are exclusive of VAT and other government levies, as well as freight, transport, and packaging costs, unless expressly stated otherwise.

2.4 Payment for the order will be handled by an authorized person who pays the supplier on behalf of the buyer.

2.5 The cost difference between the amount paid by the customer for the order and the amount paid by the contractor to the supplier is not identical and is considered a fee for the services provided by the contractor.

3. **Quotation**

3.1 Each offer from a representative has a limited validity period, i.e., until the product is no longer in stock or is no longer available from the supplier ("out of stock") or cannot be ordered through the website.

3.2 If an offer is subject to specific conditions, this will be explicitly stated in the offer.

3.3 Each offer is without obligation. The contractor has the right to change the offer at any time.

3.4 Each offer includes a complete description of the products, which is as accurate as possible, allowing the buyer to make an accurate assessment. The images of the products are a faithful representation of the product. The contractor cannot guarantee that the colors shown correspond exactly to the actual colors of a product. When ordering, the buyer can assess the product, its image, and its description based on the criteria mentioned above.

3.5 All images and descriptions of a product are indicative and, in case of errors and/or deviations, cannot lead to compensation or the dissolution of the contract unless they deviate so much from the essential characteristics of the product that it is actually a different product than the one the buyer intended to order.

3.6 The buyer is not obliged to follow an offer that the buyer could reasonably assume, should have assumed, or could assume contains an obvious mistake. The buyer cannot derive any rights from such an error or mistake.

4. **Agreement**

4.1 Subject to the provisions of Article 4.5, a contract is deemed to be concluded at the time of acceptance of the offer and the order by the buyer and at the time of fulfillment of the specified conditions.

4.2 The contract is concluded in the Dutch language, unless the contractor also offers the General Terms and Conditions and further communication in another language on the website. In the latter case, the contract can also be concluded in a language of the buyer's choice, and the buyer can also communicate with the representative in that language.

4.3 If the buyer accepts the offer electronically, the representative will confirm the receipt of the acceptance immediately electronically, after which the contract is concluded. As long as the representative has not confirmed the receipt of the acceptance, the buyer can terminate the contract.

4.4 The contractor takes appropriate technical and organizational measures to secure electronic data transmission and ensures a secure environment. The authorized person takes appropriate security measures when the buyer can pay electronically.

4.5 The representative may obtain information about the buyer's ability to meet their payment obligations and any other matters that may be important for the responsible execution of the contract. If the representative has good reasons not to conclude the contract, they have the right to refuse the acceptance of an order or to impose special conditions for its execution.

4.6 The buyer must ensure that all information that the contractor considers necessary or that the buyer should reasonably know is necessary for the fulfillment of the contract is provided to the contractor in a timely manner. If this information is not provided to the representative in a timely manner, the representative has the right to suspend the fulfillment of the contract and/or to charge the buyer for the additional costs incurred due to the delay according to the representative's standard rates.

4.7 The contractor is not liable for any damages of any kind resulting from the fact that the contractor relies on inaccurate and/or incomplete

information provided by the buyer, unless the contractor was aware of this inaccuracy or incompleteness.

5. **Price**

5.1 The prices stated in the offer are based on the cost factors applicable at the time of the conclusion of the contract, such as import and export duties, freight and unloading costs, insurance, and any customs duties and taxes. Any advantageous or disadvantageous deviations at the time of arrival, departure, or delivery accrue to the benefit or detriment of the buyer.

5.2 The prices in the offers may contain printing and typographical errors. We do not take responsibility for the consequences of printing and spelling errors. In the case of printing and typographical errors, the contractor is not obliged to deliver the product at the incorrect price.

5.3 A composite offer does not obligate the contractor to deliver part of the goods included in the offer or quotation at a corresponding part of the specified price.

6. **Conformity and Warranty**

6.1 Subject to the relevant provisions in the conditions, the goods must comply with the contract, the specifications in the offer, the reasonable requirements of suitability and/or usability, as well as the legal requirements and regulations applicable at the time of the conclusion of the contract.

6.2 The representative points out that some products have a limited expiration date, which is indicated on the product in question. The buyer must take this expiration date into account, within which the quality and safety of the product can be guaranteed according to the supplier's warranty.

6.3 Any defects or incorrectly delivered products must be reported to the representative in writing within four (4) weeks after delivery. The products must be returned in their original packaging and in new condition.

6.4 The warranty period of the representative corresponds to the warranty period of the manufacturer. However, the representative is not responsible for the final suitability of the products for the buyer's individual use or for advice on the use or application of the products.

6.5 In the case of a warranty claim, the contractor, at its discretion, will carry out replacement or repair. In the case of a replacement, the buyer undertakes to return the replaced product to the representative.

6.6 The warranty does not apply if:
(a) The buyer has repaired the delivered products themselves and/or had work done on them or had them done by a third party.
(b) The delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the contractor and/or on the packaging;
(c) The defect is wholly or partly attributable to regulations issued or yet to be issued by the government regarding the nature or quality of the materials used.

7. **Delivery and Performance**

7.1 The contractor is obliged to handle orders for products with the utmost care.

7.2 The place of delivery is the address that the buyer has communicated to the contractor when placing the order.

7.3 The contractor promptly forwards accepted orders and ensures their execution.

7.4 All delivery times are indicative. Deliveries of products from a country other than Germany may have longer delivery times than indicated on the website. This time depends on the delivery time of the supplier. The buyer cannot derive any rights from any of the specified times.

7.5 If an order cannot be fulfilled or can only be partially fulfilled, the buyer will be informed within 30 days after the order is placed.

7.6 The contractor is entitled to deliver the goods in parts, unless agreed otherwise, or the partial delivery has no independent value. The contractor is entitled to invoice the delivered goods separately. Exceeding a deadline does not entitle the buyer to compensation.

7.7 The delivery times indicated on the website are only indicative.

7.8 Exceeding the specified delivery time does not entitle the buyer to terminate or claim damages, unless expressly agreed otherwise.

7.9 In the event of termination in accordance with paragraph 3 of this article, the contractor will refund the amount paid by the buyer as soon as possible, but no later than within 14 days after termination.

7.10 If the delivery of an ordered product is not possible, the contractor will make every effort to deliver a replacement product. At the latest upon delivery, it must be clearly and comprehensibly stated that a replacement item will be delivered. In the case of replacement deliveries, the right of withdrawal cannot be excluded. The costs of the return transport are borne by the contractor.

7.11 The risk of damage and/or loss of the products remains with the contractor until the time of handover to the buyer or a previously designated representative notified to the contractor, unless expressly agreed otherwise. The receipt of the goods without notation on the waybill/invoice serves as proof that the packaging was in good condition at the time of delivery.

8. **Payment**

8.1 Unless otherwise agreed, the amounts due from the buyer under the contract must be paid immediately after placing the order.

8.2 The buyer is obliged to inform the contractor immediately of any inaccuracies in the specified or entered payment details.

8.3 If the buyer does not meet their payment obligations on time, they are, after being informed by the real estate agent of the payment arrears and after the real estate agent has given the buyer a reasonable period to fulfill their payment obligations, obliged to pay the statutory commercial interest on the still due amount, and if the buyer is not a consumer, the statutory commercial interest, and the real estate agent is entitled to charge extrajudicial collection costs incurred by the real estate agent or on behalf of the real estate agent, in accordance with the law and the Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten).

**Provisions Regarding the Website and Products**

**9.1** The contractor is not liable for errors and/or irregularities in the functionality of the website. The agency is not responsible for interruptions or unavailability of the website for any reason.

**9.2** The contractor is not liable for the accuracy and completeness of the content of emails or other digital messages sent by or on behalf of the contractor, nor for their timely receipt.

**9.3** All claims by the buyer based on errors of the contractor are forfeited if not communicated to the contractor in writing within one (1) year after the buyer becomes aware or could reasonably have become aware of the facts on which their claim is based.

**9.4** The contractor expressly rejects any liability and claims by the buyer and third parties who have suffered (physical) damages due to negligent, incorrect, or unnecessary use of the products. The products must only be used in accordance with the instructions.

**9.5** The contractor recommends the buyer to always read and follow the instructions before use. The products should be stored and used according to the instructions.

**9.6** All advice on product use is of a general and non-binding nature. The buyer must assess, at their own risk, whether the product is suitable for them. In case of doubts about product use, the buyer should contact the supplier or the buyer's physician for an assessment of use in a specific case.

**9.7** Certain products, such as very small products, products for external care, and electronic devices, should be kept out of reach of small children.

**9.8** The buyer is advised by the contractor that, in case of pregnancy, breastfeeding, medication intake, or in case of hypersensitivity to any of the ingredients, it is always recommended to consult a professional after reading the instructions before using products, e.g., cosmetic care products.

**10 Force Majeure**

**10.1** The agent is not liable to the buyer if the obligations under the contract cannot be fulfilled due to force majeure. Force majeure includes:

(a) Force majeure on the part of the seller;
(b) Government actions and restrictions;
(c) Power outages;
(d) Failure of the internet, data networks, and telecommunication facilities, e.g., due to cybercrime and hacking;
(e) Natural disasters;
(f) War and terrorist attacks;
(g) General traffic problems and restrictions;
(h) Strikes by suppliers or agents; and
(i) Other situations beyond the control of the agent that temporarily or permanently prevent the fulfillment of obligations.

**10.2** Suspension of contractual obligations during the period in which the force majeure event occurs. If this period exceeds two months, each party has the right to terminate the contract without being obligated to compensate the other party or the agent.

**10.3** If the agent has already partially fulfilled its obligations under the contract at the time of the occurrence of force majeure or can fulfill them, and if an independent value can be attributed to the fulfilled or to be fulfilled part, the agent is entitled to separately invoice the fulfilled or to be fulfilled part. The buyer is obliged to settle this invoice as if it were a separate contract.

**11 Data Protection**

**11.1** The personal data of the buyer is stored in a database. This data is primarily used for the fulfillment of the contract. Upon request, the agent may send information about its products to the buyer, such as newsletters and offers. The buyer can oppose the use of personal data for direct marketing and/or the (further) receipt of (certain) marketing information at any time by submitting a request for deletion to the agent.

**11.2** The buyer agrees to the use of electronic communication means. The buyer is aware that electronic communication, despite all reasonable security measures of the contractor, is not secure and can be intercepted, manipulated, infected, delayed, or misdirected, including viruses and spam filters. An agent cannot provide absolute security against unauthorized access.

**11.3** The contractor takes appropriate measures to ensure the confidentiality and secure storage of (personal) data.

**11.4** In the context of contract performance, (personal) data may also be transmitted to countries outside the EU, e.g., to a supplier in China, as otherwise, the contract between the customer and the supplier cannot be fulfilled, and the supplier cannot deliver the order to the customer. However, the contractor will provide relevant contractual guarantees in this regard.

**11.5** A buyer who is a consumer has the right to request in writing access to the (personal) data processed by the contractor and/or (if applicable) their correction, supplementation, deletion, or verification. A request for information and/or correction must be addressed to the management of the contractor. Upon the first request of the buyer, the stored personal data will be made available, corrected, or deleted.

**11.6** Personal data of the buyer, who is a consumer, will not be disclosed to third parties unless the contractor is obliged to do so under applicable laws and regulations or it is necessary for the fulfillment of the contract.

**12 Consumers**

**12.1** For consumers, the prices indicated are exclusive of VAT, taxes, and delivery costs.

**12.2** Before concluding a contract with a consumer, the text of the general terms and conditions will be made available to the consumer (electronically) in a manner that allows the consumer to easily save it on another durable medium. If this is not reasonably possible, it must be indicated before the conclusion of the contract where and how the general terms and conditions can be read electronically, and that the general terms and conditions can be sent to the consumer electronically or otherwise free of charge upon request.

**12.3** For the benefit of the consumer, the provider provides the following information on the website or ensures at least that this information can be stored in an accessible form on a durable medium:

(a) The conditions and means under which the consumer can submit a complaint.
(b) The conditions and modalities for exercising the right of withdrawal or a clear indication that the right of withdrawal is excluded.
(c) Information about warranties and customer service, as well as the form.

**12.4** To exercise the rights that the consumer has against the provider, the consumer may involve an agent, provided this is done in accordance with the conditions.

**12.5** A warranty provided by the contractor or the supplier or on its behalf does not limit the consumer's statutory rights against the contractor under the contract.

**12.6** In the application of Article 7.5, the buyer who is a consumer has the right to terminate the contract free of charge for products that are not or not available within a reasonable period.

**12.7** The agent may deviate from the collection costs to be charged to the consumer as stated in Article 8.3 in favor of the consumer.

**13 Right of Withdrawal**

**13.1** When purchasing products, the consumer buyer has the option to withdraw from the contract without stating reasons within 14 days. This period begins on the day after the consumer receives the product or a representative designated by the consumer and communicated to the agent in advance.

**13.2** During the reconsideration period, the consumer must handle the product and its packaging carefully. The consumer may only unpack or use the product to the extent necessary to assess whether they want to keep it. If the consumer exercises their right of withdrawal, they must return the product with all

13.3 If the consumer wishes to exercise their right of withdrawal, they must inform the agent within 14 days of receiving the product using the form. Once the consumer has notified that they are exercising their right of withdrawal, they must return the product to the representative or supplier within 14 days. The consumer must prove that the delivered products have been returned in a timely manner.

13.4 If the consumer has not notified the agent within the periods mentioned in Article 13.2 and 13.3 that they wish to exercise their right of withdrawal or if they have not returned the product to the agent, the purchase is considered concluded.

13.5 The following products are excluded from the right of withdrawal:

(a) Products that are clearly of a personal nature; (b) Products that, due to their nature, cannot be returned; (c) Products that can quickly spoil or age; (d) Products whose price is subject to fluctuations in the financial market and over which the representative has no influence; (e) Audio and video recordings as well as computer software whose seal has been broken after delivery; (f) Sealed products that are not suitable for return for reasons of health or hygiene and whose sealing has been broken after delivery; (g) Products made to the consumer's specifications.

14 Costs of Withdrawal

14.1 If the consumer exercises their right of withdrawal, they bear the costs of returning the goods.

14.2 If a consumer has paid an amount, the agent will refund this amount as soon as possible, but no later than 14 days after receipt of the right of withdrawal. The payment method used for the refund is the same as that used for the purchase, unless the consumer expressly agrees to a different payment method and the agent accepts this. To qualify for a refund, the product must have been received by the representative or supplier, or final evidence of complete return must be provided.

14.3 If the product is damaged due to negligent use by the consumer, the consumer is liable for any depreciation of the product.

15 Complaints and Disputes

15.1 If the buyer has a complaint, they must notify the agent in writing.

15.2 A complaint does not suspend the buyer's or their representative's obligations unless the representative informs the buyer otherwise in writing.

15.3 A complaint regarding the performance of the contract must be made in writing within seven (7) days after the buyer has discovered the defects, stating the reasons on which the complaint is based.

15.4 The contractor responds to a complaint within 14 days of its receipt. If the processing of a complaint is expected to take longer, the complainant will be notified within 14 days and informed of the period within which the complaint will be processed.

15.5 A representative always has at least four (4) weeks to settle a complaint amicably. After this period, the complaint is considered a dispute within the meaning of Article 15.8.

15.6 If the representative declares the complaint justified, they will replace or repair the delivered products free of charge at their discretion. If a complaint cannot be resolved amicably, it is considered a dispute within the meaning of Article 15.8.

15.7 If the complainant is a consumer, they can also contact a dispute resolution committee through the European Platform for Online Dispute Resolution (https://ec.europa.eu/consumers/odr/).

15.8 All disputes arising out of or in connection with the contract or to which the terms and conditions apply are decided exclusively and regardless of the buyer's or a third party's place of residence under Dutch law, with the District Court [Rotterdam] having exclusive jurisdiction, unless mandatory legal provisions declare another judge competent.

15.9 The applicability of the Vienna Convention is excluded.

16 General Terms and Conditions for Text Marketing

We use an SMS platform for which the following conditions apply. By signing up for our SMS marketing and messaging, you agree to these terms. By entering your phone number at checkout and triggering a purchase, registering through our signup form, or using a keyword, you agree that we may send you text messages (for your order, including reminders for an abandoned cart) and SMS marketing offers. You acknowledge that consent is not a condition of purchase. Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an EU company based in Sofia, Bulgaria, EU" to send you targeted marketing messages and notifications. When sending SMS messages, your phone number is passed on to an SMS operator to deliver the messages. To unsubscribe from SMS marketing messages and notifications, please do not reply to the mobile messages received from us or use the unsubscribe link in one of our messages. You are aware and agree that alternative methods of unsubscribing, such as using other words or prompts, will not be considered a proper way to unsubscribe. Message and data rates may apply. If you have questions, please text "HELP" to the number from which you received the message. For more information, you can also contact us at support@dailymode.co.uk. To the extent permitted by applicable law, you agree that we are not responsible or liable for failures, delays, or misdirections in the transmission of information transmitted through the service, for errors in this information, and/or for actions you take or fail to take based on the information or the service. Your right to privacy is important to us. In our privacy policy, you can read how we collect and use your personal data.

Withdrawal Form (If the consumer wants to withdraw from the purchase contract, please complete this form and send it to us by email).