General Terms & Conditions

1. Identity of the Entrepreneur
Active Modesty B.V.
Provincialeweg 50
5503 HH Veldhoven
The Netherlands

Chamber of Commerce number: 94757453
VAT number: NL866883241B01
Email: info@activemodesty.com

2. Applicability
These general terms and conditions apply to every offer made by Active Modesty B.V. and to every distance agreement concluded via www.activemodesty.com between Active Modesty B.V. and the consumer ("the Agreement").

3. Formation of the Agreement
The Agreement is concluded at the moment Active Modesty B.V. confirms the order by email. By placing an order, the consumer declares acceptance of these general terms and conditions and the privacy policy.

Active Modesty B.V. shall at all times be entitled to cancel orders prior to delivery, for example if delivery to the specified address is not possible. In the event of cancellation, Active Modesty B.V. shall refund the purchase price and shipping costs paid by the consumer.

4. Age and Legal Capacity
Orders may only be placed by persons aged 18 years or older, or by minors acting with the consent of their legal representative (Section 1:234 Dutch Civil Code).

5. Prices and Payment
All prices are inclusive of VAT and exclusive of shipping costs and any import duties, unless stated otherwise. Payment must be made using the payment methods offered. Active Modesty B.V. reserves the right to amend prices and conditions.

Obvious mistakes or errors in price indications on the website or in other communications issued by Active Modesty B.V. shall not be binding upon Active Modesty B.V. In the event of an evident pricing error, Active Modesty B.V. shall be entitled to dissolve or cancel the Agreement, even after an order confirmation has been received.

6. Delivery and Performance
Active Modesty B.V. shall exercise the utmost care when receiving and executing orders. Delivery shall take place at the address specified by the consumer. If delivery is delayed, the consumer shall be informed thereof as soon as possible.

7. Right of Withdrawal and Returns
The consumer has the right to withdraw from the Agreement within 14 days after receipt of the product without stating reasons (Section 6:230o Dutch Civil Code). The consumer may exercise the right of withdrawal by sending an unequivocal statement to Active Modesty B.V.

• During the withdrawal period, the consumer shall handle the product and packaging with due care.
• Returned products must be sent back in their original condition and packaging, insofar as reasonably possible.
• Return shipping costs shall be borne by the consumer unless agreed otherwise in writing.
• The right of withdrawal is excluded for products which cannot be returned for reasons of hygiene, such as underwear and swimwear where the seal has been broken (Section 6:230p sub f under 3 Dutch Civil Code).
• Active Modesty B.V. shall inspect returned items to determine whether they comply with the return conditions. If the product has been used beyond what is necessary to establish its nature, characteristics and functioning, or if the product is damaged or no longer saleable, Active Modesty B.V. may deduct compensation for depreciation from the amount to be refunded (Sections 6:230s and 7:41 Dutch Civil Code). The consumer shall receive reimbursement of the purchase amount (including standard delivery costs paid by the consumer) no later than 14 days after withdrawal (Section 6:230r Dutch Civil Code). Pursuant to Section 6:230r paragraph 4 Dutch Civil Code, however, the consumer may only demand performance after Active Modesty B.V. has received the returned products or the consumer has demonstrated that the goods have been returned.

8. Uncollected Parcels
If a parcel is not collected and is returned, the purchase shall be dissolved unless agreed otherwise in writing. Upon receipt of the returned parcel, Active Modesty B.V. shall refund the purchase price paid, less the return shipping costs. The consumer shall be informed thereof in advance.

9. Complaints and Warranty
If you have a complaint regarding our products or services, please contact us as soon as possible via info@activemodesty.com. Please describe your complaint as completely as possible. We shall confirm receipt of your complaint within two business days. You shall receive a substantive response within ten business days.

• The consumer must report visible defects within a reasonable period after discovery (Section 7:23 Dutch Civil Code).
• All products are subject to the statutory warranty: the product must conform to the Agreement (Section 7:17 Dutch Civil Code).
• In the event of a justified and timely complaint, the product shall be repaired or replaced free of charge, or the purchase amount shall be refunded.

10. Liability
Active Modesty B.V. shall be liable towards consumers for the performance of the Agreement and the statutory warranty obligations as prescribed by law. Liability of Active Modesty B.V. for damages shall be limited to the purchase price of the relevant product, unless the damage results from intent or gross negligence on the part of Active Modesty B.V. or unless mandatory statutory provisions provide otherwise. This limitation of liability shall not apply to damages arising from non-compliance with statutory obligations regarding conformity and warranty, nor to personal injury or damage to property caused by a defective product.

11. Personal Data and Privacy
Active Modesty B.V. processes personal data in accordance with the General Data Protection Regulation (GDPR). Please refer to the privacy policy on the website for further information.

12. Intellectual Property
All intellectual property rights relating to the website, logos, images, texts of Active Modesty and the products offered by Active Modesty B.V. are vested in Active Modesty B.V. Use without explicit prior written consent is prohibited.

13. Force Majeure
Active Modesty B.V. shall not be obliged to fulfil any obligation towards the consumer if prevented from doing so due to circumstances not attributable to its fault and which cannot be attributed to it pursuant to law, legal act or generally accepted standards (Section 6:75 Dutch Civil Code). Force majeure shall include, but is not limited to: natural disasters, war, pandemics, strikes, transport disruptions, IT failures, supplier failures and government measures. In the event of force majeure, the consumer shall retain the rights granted by law, such as the right to terminate the Agreement or obtain full or partial reimbursement where performance has become permanently impossible.

14. Governing Law and Disputes
These terms and conditions shall be exclusively governed by Dutch law. Disputes shall be submitted to the competent court in the Netherlands.