1. General
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with Bernstein iModes, hereinafter referred to as “www.i-modes.com”, “us” or ”we”.
By placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.
Only persons 18 years or older, who are not under guardianship, can place an order.
The inclusion of any products or services on www.i-modes.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on www.i-modes.com at the time you place your order.
www.i-modes.com wants to provide the best possible online experience. To make this possible we need to ensure that our services runs like a clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the www.i-modes.com site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.
2. Prices and delivery charges
The prices shown on our pages are VAT-exclusive, due to the changes in the VAT e-commerce rules on cross-border business-to-consumer (B2C) activities in the European Union (EU). From 1 July 2021 on, we are required to charge specific VAT rates of the EU country where our products are delivered. The VAT will be calculated during checkout, the rate depends on the country you order from. For more information on the new VAT e-commerce rules in the EU, please visit this link for more information. The BTW/VAT and delivery charges may differ depending on your country and whether you are a company or a private placing an order. The cost for each delivery method is clearly indicated during the check-out process. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries. We do not sell our products VAT-free or provide VAT-refunds after sales. Customers, who have a valid VAT identification number, can claim refunds for the VAT within the laws of their own country. Orders within the EU region are free of customs fees. For countries outside the EU, please visit the webpage of your countries own customs department for rules and regulations.
3. Ordering/conclusion of contract
Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount via bank transfer, or use the same method that was used to make the payment if possible. If, for any reason, alternative arrangements are necessary, a www.i-modes.com representative will contact you to settle the refund.
4. Shipping
All orders are processed within 1 to 3 business days (excluding weekends and holidays) after receiving your order confirmation email. Shipping costs for your order will be calculated and displayed at checkout. The shipping costs are dependent on the country of destination and the chosen shipping method. When your order has shipped, you will receive an email notification from a parcel company (PostNL or DHL) which will include a tracking number you can use to check its status (if you have selected a shipping method that includes track & trace).
5. Delivery
Delivery may vary depending on your country, but we aim to deliver within the EU region within 10 business days. Though we aim to deliver within the communicated time frame, the delivery may take longer due to unexpected events. For order domestic parcels, we employ PostNL to handle the shipping. For international parcels, we employ DHL to handle the shipping. We accept returns up to 14 days after delivery if the item is unused and in its original condition, and we will refund the full order amount minus the shipping costs.
6. Withdrawal of Order
You may cancel or return your order from the date you place the order until 14 days after receipt of the ordered items. To be eligible for a return, your items must be unused and in the same condition that you received them. You will be responsible for paying for the shipping costs for returning your item and actually returning it to the post office. Shipping costs are nonrefundable.
If you wish to cancel or return your order, please provide us with notice in writing via email to [email protected]. Once we receive your item, we will inspect it and notify you that we have received your returned item. We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 30 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the items. Another payment method may be used for the refund, provided that you consent to such change; in any case this will not generate any additional charges.
If the item you have received is defective, please notify iModes promptly. www.i-modes.com will, for any products deemed defective, provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.
7. Payment methods
You can pay for your goods in various ways as set out below.
Payment before delivery
iDeal /PayPal
You can enter your bank details and complete the iDea/PayPal payment either on through the website, or the application of your bank. For secure payment, iDeal/PayPal payments are conducted in a separate, safe payment portal. For all iDeal/PayPal payments, the iDeal/PayPal terms and conditions (see here) apply.
Payment after delivery
Invoice – pay within 30 days
The payment request is sent to your e-mail address when the order is shipped. Payment information can also be found on the delivery note, enclosed in the parcel. The statement will show the total amount due including BTW/VAT and delivery charges. Payment is due within 30 days after the statement date.
Arrears. You fall into arrears if your statement or installment account is not paid by the due date. The total amount owed by you to www.i-modes.com becomes payable immediately. www.i-modes.com will send you a payment reminder letter requesting payment immediately. If you have still failed to pay the overdue amounts www.i-modes.com will send you a ”Notice of Default”.
Please note that we are unable to accept gift cards and merchandise cards as forms of payments via www.i-modes.com
Please note that we do not accept cash or cheques.
8. Our Liability
Nothing in these Terms shall exclude or limit www.i-modes.com ‘s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
www.i-modes.com accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.
www.i-modes.com is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
Our maximum liability to you for any loss or damage arising in connection with your order on www.i-modes.com shall be limited to the total price of your order.
If you have a problem with a product that you have purchased from www.i-modes.com online, and were not able to settle the complaint with www.i-modes.com , then you can submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”).
The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.
9. Colours
We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
10. Guarantee
If there are defects in the goods you have purchased, www.i-modes.com abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay.
11. Assignment
www.i-modes.com reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments which have arisen in connection with the delivery of goods.
12. Severance
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
13. Ownership of rights
All intellectual property rights, such as trademarks and copyrights at www.i-modes.com remain with Bernstein iModes, Maastricht, Netherlands, and its subsidiaries or licensors. Any use of www.i-modes.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Bernstein iModes.
14. Company Information
Bernstein iModes/David Bernstein Forensic Consulting
[email protected]
KvK/Chamber of Commerce reference: 54181585
BTW/VAT registration: NL254607548B01 (the number following ‘B’ is the number ‘0’ (zero),not the letter ‘O’)