Terms and conditions for Buyers

1MODA is a B2B fashion platform owned and operated by Fuan Tech B.V., a limited liability company registered under company number 69872198 at the Dutch Chamber of Commerce, having its registered office at Winkelveldstraat 14, 5916 NX Venlo, the Netherlands (“1MODA”, “we”, “us”, “our”).

These terms and conditions (“T&C”) apply to all users of our platform through the websites at www.1moda.eu, www.1moda.nl, www.1moda.fr, www.1moda.de, www.1moda.co.uk (collectively referred to as “Website”) and the services offered through the Site and (mobile) applications (“Services”).

1MODA may amend the T&C at any time and the amended T&C will become effective when made available on the Website.

1.     Overview of the 1MODA Services

1.1. 1MODA provides an online information and sales platform (“Platform”) whereby sellers of products (“Sellers”) can manage their own product offers (Products), provide various information and materials about product offerings, and sell those products to buyers (“Buyers”). 

1.2. While 1MODA provides these and other services to Sellers and Buyers and may facilitate transactions between them, please note that 1MODA is not directly involved in or otherwise a party to any transactions that may take place between Sellers and Buyers. 1MODA has no control over the quality, safety, or legality of any aspect of Sellers’ Listings or any claims made by Sellers about the products they offer, the truth or accuracy of warranties or pricing supplied by Sellers (via customized presentation, promotional materials or otherwise). 1MODA does not conduct background checks regarding any users of the Site or Services. 

1.3. These T&C are not intented to govern the relationship between 1MODA and the Sellers. Please refer to the T&C for Sellers.

2.     Buyers Account

2.1. Access to the Buyer account is exclusively restricted to professionals legally able to enter into agreements governed by Dutch law. 

2.2. A Buyer account can be created providing company name, first name and surname of the main contact, EU VAT No, Company Registration Number, e-mail, password and telephone number. 1MODA reserves the right to request any additional information.

2.3. The registration request can be denied if Buyer does not fulfil the criteria for acceptance.

2.4. Only one Buyer account may be created per company. 

2.5. Should the Buyer supply false and incomplete information or information in breach of the provisions of this article, 1MODA will be entitled to promptly suspend or close the Buyer account and deny future access to all or part of the Services.

3.     Product Listing and Transactions

3.1. Buyer acknowledges that any purchase transaction is made between Buyers and Sellers only. 1MODA may facilitate transactions but is not a party in any transaction. 

      3.2. All information provided in the Product Listing is based on the information given by Seller. As a result, 1MODA has no control over the quality, safety, morality or legality of any aspect of the Products.

4.     Payment and Invoicing

4.1. All prices on the website are exclusive of the Dutch VAT.

4.2. Shipping cost is calculated depending the weight and size of the package and its destination as well as the method of shipment selected by the Buyer.

4.3. All orders are paid upfront, using online (iDeal, MasterCard, Visa, Maestro, Bancontact, Mr Cash, Sofort, PayPal) or offline (banktransfer) payments.

4.4. Orders are only processed when payment has been successfully received.

4.5. 1MODA uses secure payment providers and consequently never has access to the banking information of Buyers.

4.6. 1MODA reserves the right to suspend or cancel any order and/or delivery in any stage.

4.7. 1MODA, acting as an intermediary, will issue an invoice on behalf of Seller.

4.8. Since 1MODA is registered in the Netherlands, Dutch VAT is applicable on all transactions.

5.     Claims

5.1. Once ordered Products are received, the Buyer shall check the condition of the package. Should Buyer notice any anomalies on the packaging (damaged, opened etc.) it shall refuse to accept the delivery and immediately lodge an anomaly report with the delivery company.

5.2. Should anomalies be found on the Products ordered (missing or damaged items, lack of conformity, etc.) the Buyer shall report the damage to support@1moda.eu within 3 days after the Product was received. Your claim will be forwarded to the Seller and Buyer will be updated with the response by Seller.

5.3. Should Seller deem that the claim is legitimate, it shall promptly exchange or reimburse by credit the damaged items and/or deliver the missing items.

5.4. 1MODA, acting as an intermediary, shall under no circumstances be held liable for the defective item and lack of conformity of the items delivered in accordance with the order.

6.     Privacy

6.1. 1MODA collects data of its users. Personal data will be collected, processed, registered and stored by 1MODA in accordance with the Dutch legal provisions.

6.2. The personal data collected by 1MODA are necessary for managing the Services.

6.3. Buyers data may be used, subject to their rights, to send them information by e-mail.

6.4. 1MODA reserves the right to gather and publish generic information relating to the profiles of Buyers without revealing personal data such as their name and address.

6.5. 1MODA may also collect statistical information in order to find out how the Buyers use the Website (frequency with which the various pages of the Website are consulted, statistics and origin of the users, etc.

6.6. Buyers have the right to access and request rectification or erasure of personal data processed by 1MODA as well as the right to object to said data being used for direct marketing purposes. The

Buyer may exercise these rights with 1MODA, by telephone from 10AM to 5PM from Monday to Friday, by e-mail: support@1moda.eu or by writing: 1MODA, Winkelveldstraat 14, 5916 NX Venlo, the Netherlands.

6.7. The personal data gathered through the Website will be transmitted to partner companies, in particular in order to: 

• process orders – to this end some items of data relating to the Buyers may be transmitted to the Sellers as well as to the transport company;
• detect payment frauds;
• manage marketing operations organised by 1MODA or its partners.

7.     Cookies

1MODA may use the “cookies” file stored on the computers of the users of its Website. In general, a “cookie” file records information relating to browsing carried out by the User’s computer that 1MODA may read during later visits from said users. In this case, it contains information that the User just provided to 1MODA. The aim of these cookies is also to allow 1MODA to collect information regarding visits to the 1MODA website and to draw-up statistics.

1MODA undertakes to only use the information obtained through installing the cookies during the timeframe required for achieving the abovementioned purposes. Users have the right to object to recording of “cookies” by configuring their browser accordingly. As each browser is different, users must check the “Help” menu of their browser on how to change their options with regard to cookies.

8.     Links and Third Party Services

The Site may contain services (including the transmission of product orders to sellers) or links to websites operated by others. 1MODA provides these services and links as a convenience and your use of them is at your own risk. 1MODA is not responsible for any of the services provided by third parties or content available on the other websites and disclaims all liability relating to your access to and use of these websites. Please note that the services provided by third parties through the Site or the Services may be subject to terms of service provided by the operators of such services and you should review such terms of service prior to using or participating in such services.

9.     Intellectual Property

9.1. 1MODA owns all right, title and interest, including all related intellectual property rights, in and to the Site and Service (including the online platform and related tools and applications) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or Services, in which you hereby assign all rights, title and interest to 1MODA. The 1MODA name and the 1MODA logo are trademarks/service marks of 1MODA and no right or license is granted to use them. Unauthorized use of any 1MODA trademark, service mark or logo may be a violation of federal and state trademark laws. Nothing in the T&C constitutes a sale or conveys to you any rights of ownership in or related to the Site or Service or any intellectual property rights owned by 1MODA.

9.2. The Site and the Services are protected by Dutch and International copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site, the Services, or individual sections of the content, design or layout of the Site without 1MODA prior written permission.

9.3. Copyright Infringement Notice

All users of the Site and Services represent and warrant they shall comply with all applicable copyright laws. In the event, we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any materials on the Site constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A User who materially misrepresents that material is infringing will be liable for the costs incurred by us and our affiliates, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense.

Any copyright infringement notification must be a written communication, transmitted by e-mail or regular mail, setting forth the following:

• a physical or electronic signature of the copyright owner or a person authorized to act on detailed identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of their behalf;
• your contact information, including your address, telephone number, and email address; and a statement by you that you have a good faith belief that use of the material in the statement that the information in the notification is accurate, and, under penalty of perjury. Copyright Infringement Notifications should be emailed to support@1moda.eu or mailed to: 1MODA, Winkelveldstraat 14, 5916 NX Venlo, The Netherlands.

10. Liability

10.1. It is expressly reminded that 1MODA is only an intermediary between Buyers and Sellers. Accordingly, 1MODA is in no way a dealer of the Items and at no time becomes owner of the Items. With regard to the provision of an online intermediary service, 1MODA is subject to a general obligation of means. 1MODA cannot guarantee that the Seller’s Items will meet the requirements of the Buyer.

1MODA shall not be held liable with regard to the nature and quality of the Sellers presented on the Website. Consequently, 1MODA shall bear no liability in the event of failure by the Sellers to comply with the legal or regulatory provisions to which they are subject.

1MODA shall not be bound by any guarantees of any sort, whether implicit or explicit, in particular regarding the integrity, accuracy, relevance, non-infringement, availability, reliability or comprehensiveness of the information or services proposed on the Website nor their suitability for the purpose intended by Users.

10.2. It should be borne in mind that 1MODA shall under no circumstances be held liable for:

regular mail, setting forth the following:

• a physical or electronic signature of the copyright owner or a person authorized to act on detailed identification of the copyrighted work claimed to have been infringed
• unavailability of the Sellers’ stocks
• delays in preparing, shipping, and delivering the orders
• defective items and lack of conformity of the Items delivered with regard to orders     
• any infringing items put on sale by the Sellers on the Website.

10.3. Users shall be personally responsible for putting in place the IT and telecommunications resources needed to access the Website and the knowledge required for using the Internet and accessing the Website. The connection and outfitting costs related to accessing the Internet and using the Website shall be incumbent upon the users.

10.4. Users shall access the Website at their own risk and peril. 1MODA shall not be held liable for any damage that Users or any other visitor may suffer further to such use.

Moreover, 1MODA shall bear no liability with regard to indirect losses or damage irrespective of the causes, origin, nature or consequences including the costs arising from loss of opportunity, loss of turnover, expected profit, brand image, IT equipment, data or any other loss of intangible assets which may arise from access by whomever to the Website or the failure to access the site or the credence given to any item of information indirectly or directly stemming from the latter.

10.5. In general, 1MODA shall only be held liable with regard to Users should it fail to fulfil its obligations under these General Conditions. Any claim lodged by a User against 1MODA must be made within one (1) months following occurrence of the event that is subject of the claim.

11.  General

11.1.  Amendment of the General Conditions

1MODA reserves the possibility to amend these General Conditions at any time. Users of the Website are hereby advised by 1MODA to consult the General Conditions on a regular basis in order to be informed of any modifications. The use of the Website shall be subject to the General Conditions in force at the time of use. Furthermore, the General Conditions enforceable to the order are those accepted by the Buyer when it places the order.

11.2.  Entirety of the General Conditions

Should one or more provisions of these General Conditions be incorrect, illegal or unenforceable in whatever way, the validity, legality and enforceability of the other provisions shall in no way be affected.

11.3. Applicable Law and allocation of jurisdiction

The T&C is subject to Dutch Law. Any disputes or differences relating to the existence, construction or fulfilment of these General Conditions shall, failing a private settlement, be submitted to the sole jurisdiction of Dutch courts.