TERMS AND CONDITIONS OF B&M ONLINE RETAIL B.V.

This website is operated by B&M Online Retail B.V. By visiting our website and/or making a purchase with us, you use our "Service" and agree to the following general terms ("Terms and Conditions"), including additional terms and policies referenced herein and/or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, retailers, and/or content submitters.

SECTION 1 – TERMS OF USE OF THE ONLINE STORE

1.1 By accepting these Terms, you declare that you have reached the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have given us consent to allow minors under your care to use this site.

1.2 You must not use our products for any illegal or unauthorized purposes, nor violate any laws applicable in your jurisdiction (including copyright laws) while using the Service.

1.3 You must not upload or transmit computer viruses, worms, or any other destructive code.

1.4 Violation of any of the Terms will result in immediate termination of the Services.

SECTION 2 – ENTREPRENEUR IDENTITY

Company name: B&M Online Retail B.V.
Chamber of Commerce number (KvK): 99207877
Trade name: Klara Mody
VAT number: NL868866696B01
Customer service email address: support@klaramody.com
Company address: Nevelgaarde 8, 3436ZZ Nieuwegein (No return address)

SECTION 3 – GENERAL PROVISIONS

3.1 We reserve the right to refuse service to anyone, for any reason, at any time.

3.2 You understand that your content (excluding credit card information) may be transmitted in unencrypted form and may include: (a) transmissions over various networks; and (b) changes made to conform to technical requirements of connecting networks or devices.

3.3 You agree not to reproduce, copy, sell, resell, or use any part of the Service, use of the Service, access to the Service, or any contact on the site through which the Service is provided without our express written consent.

SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

4.1 We are not responsible if the information provided on this site is not accurate, complete, or current. The materials on this site are for informational purposes only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or current sources of information. Any reliance on the materials contained on this site is at your own risk.

4.2 This site may contain certain historical information. Historical information is necessarily not current and is provided for informational purposes only.

4.3 We reserve the right to change the content of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes on our site.

SECTION 5 – CHANGES TO SERVICE AND PRICES

5.1 Prices of our products may change without prior notice.

5.2 We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

5.3 We are not liable to you or any third parties for any modifications, price changes, suspension, or discontinuation of the Service.

SECTION 6 – PRODUCTS OR SERVICES

6.1 Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

6.2 We have made every effort to ensure that the colors and images of our products appearing in the store are as accurate as possible. We cannot guarantee that the display of any color on your computer screen will be accurate.

6.3 We reserve the right, but not the obligation, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right individually in each case. We reserve the right to limit the quantities of products or services offered. All product descriptions or prices may change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer for any product or service made on this site is void where prohibited.

6.4 We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

7.1 We reserve the right to refuse to fulfill any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased by any person, household, or order.

7.2 These restrictions may include orders placed by or under the same customer account, using the same credit card and/or orders using the same billing and/or shipping address. If changes are made to an order or it is canceled, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of order. We reserve the right to limit or prohibit orders that we believe have been placed by dealers, resellers, or distributors.

7.3 You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including email address and credit card numbers and expiration dates, so that we can process your transactions and contact you if necessary.

SECTION 8 – PRICE

8.1 All product prices displayed on the website exclude VAT, import duties, customs clearance fees, and other local taxes or charges applicable in the destination country. Since the entrepreneur does not collect VAT on these sales (see Section 12), the customer bears full responsibility for all these import costs.

8.2 Regardless of the above, the entrepreneur may offer products or services at variable prices dependent on fluctuations in the financial market, which the entrepreneur cannot influence. This dependence on market fluctuations and the fact that the stated prices may be indicative will be clearly indicated in the offer.

8.3 Price increases within 3 months of concluding the contract are only permitted if they arise from statutory provisions or regulations.

8.4 Price increases occurring more than 3 months after the contract is concluded are only permitted if the entrepreneur has agreed to them, and
a. arise from statutory provisions or regulations; or
b. the consumer has the right to terminate the contract effective from the date the price increase takes effect.

SECTION 9 – OPTIONAL TOOLS

9.1 We may provide you access to third-party tools over which we have no control or supervision.

9.2 You acknowledge and agree that we provide such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We accept no liability in connection with your use of optional third-party tools.

9.3 Any use by you of optional tools offered through the site is at your own risk and discretion. You should ensure that you understand and accept the terms under which the tools are provided by the respective external providers.

9.4 In the future, we may also offer new services and/or features through the website (including the introduction of new tools and resources). Such new features and/or services are also subject to these Terms.

SECTION 10 – THIRD-PARTY LINKS

10.1 Some content, products, and services available through our Service may include materials from third parties.

10.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and do not make any guarantees or assume liability for third-party materials or websites, or for other third-party materials, products, or services.

10.3 We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party sites. Please carefully review third-party policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.

SECTION 11 – USER COMMENTS, OPINIONS, AND OTHER SUBMISSIONS

11.1 If you submit certain entries (e.g., contest entries) at our request or send creative ideas, suggestions, proposals, plans, or other materials unsolicited, whether online, by email, mail, or otherwise (collectively "comments"), you agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate, and otherwise use any comments you send us in any media. We are not obligated to: a. keep comments confidential; b. pay for comments; or c. respond to comments.

11.2 We may, but are not obligated to, monitor, edit, or remove content that we consider to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes on the intellectual property rights of any party or these Terms.

11.3 You agree that your comments will not infringe the rights of third parties, including copyrights, trademarks, privacy, personal rights, or other personal or property rights. You also agree that comments will not contain defamatory, unlawful, offensive, or obscene content, nor any computer virus or other malicious software that could affect the operation of the Service or related website in any way. You must not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties about the origin of the comments. You bear sole responsibility for any comments you post and their accuracy.

11.4 We do not accept any liability and disclaim all responsibility for comments posted by you or third parties.

SECTION 12 – IMPORT AND VAT

12.1 Shipping environment: The Customer acknowledges that all goods ordered through this website are shipped directly by an external supplier from outside the European Union (EU) and the United Kingdom (UK). The goods do not enter commercial circulation in the UK or EU through the entrepreneur.

12.2 Place of delivery and VAT exclusion: According to applicable VAT regulations (including Articles 32-33 of EU Directive 2006/112/EC and similar national regulations, such as Article 5(1) of the Dutch Turnover Tax Act 1968), the place of delivery for VAT purposes is considered the country where the transport begins (i.e., outside the EU/UK). Therefore, the entrepreneur does not charge VAT on the sale of these goods. The displayed prices do not include VAT or import duties.

12.3 Customer as importer of goods: The Customer acts as the importer of goods in the country of delivery and bears full responsibility for complying with all import formalities.

12.4 Customer's responsibility for import costs: The Customer expressly acknowledges and accepts that they are solely responsible for declaring and paying all applicable import costs upon the arrival of goods in the destination country. This includes, among other things:
a) import VAT at the rate applicable in the destination country;
b) duties, fees, or taxes;
c) customs clearance fees, brokerage fees, or administrative surcharges imposed by customs authorities or the postal/courier service.
These fees are usually charged to the Customer by the postal or courier service delivering the goods before or during delivery. The entrepreneur does not participate in determining or collecting these import costs.

12.5 No liability for import costs or delays: The business operator is in no way responsible for import VAT, customs duties, taxes, or delays, seizures, or non-delivery resulting from the customer's failure to comply with regulations. By placing an order, the customer accepts these terms and releases the business operator from any related claims or costs.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

13.1 Occasionally, our site or the Service may contain information with typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times, and availability.

13.2 We reserve the right to correct errors, inaccuracies, or omissions and to change information or cancel orders if any information in the Service or on the related website is inaccurate, at any time and without prior notice (even after an order has been placed).

13.3 We do not assume any obligation to update, modify, or explain information in the Service or on the related website, including but not limited to pricing information, except as required by law. No update or refresh date used in the Service or on the related website should be interpreted as an indication that all information in the Service or on the related website has been changed or updated.

SECTION 14 – PROHIBITED USES

14.1 In addition to other prohibitions set forth in these Terms, it is forbidden to use the site or its content:
a. for unlawful purposes;
b. encouraging others to engage in unlawful activities;
c. violating international, federal, provincial, or state laws or local regulations;
d. infringing on our or others' intellectual property rights;
e. harassing, bullying, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability;
f. providing false or misleading information;
g. transmitting or distributing viruses or other malicious code that may be used in any way and affect the functionality or operation of the Service, any related site, other sites, or the internet;
h. collecting personal data of other individuals;
i. spamming, phishing, pharming, impersonation, spidering, crawling, or scraping;
j. for obscene or immoral purposes; or
k. interfering with the security features of the Service or any related site, other sites, or the internet, or circumventing them.

14.2 We reserve the right to terminate your use of the Service if you violate any of these prohibitions.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

15.1 We do not guarantee, warrant, or assure that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained from using the service will be accurate or reliable.

15.2 We reserve the right to remove the service indefinitely or cancel it at any time without notice.

15.3 You expressly agree that your use of or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (unless explicitly stated otherwise) provided "as is" and "as available" without any representations, warranties, or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

15.4 Under no circumstances shall we, our directors, officers, employees, affiliates, agencies, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from the use of any service or products obtained through the service, or for any other claims related in any way to the use of the service or any product, including but not limited to errors or omissions in any content, or any losses or damages of any kind incurred as a result of using the service or any content (or product) published, transmitted, or otherwise made available through the service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.

SECTION 16 – RETURN POLICY

16.1 The customer has the right to return the product within 14 days of receipt. The customer bears all costs related to the product return. The product must be returned directly to the supplier.

16.2 B&M Online Retail B.V. is not responsible for any costs related to product returns. The customer agrees to hold B&M Online Retail B.V. harmless from any expenses or liabilities related to the return process.

SECTION 17 – INDEMNIFICATION

You agree to indemnify Klara Mody and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorney fees, made by third parties due to your violation of these Terms or related documents, or any violation of laws or third-party rights.

SECTION 18 – SEVERABILITY

If any part of these Terms is found to be unlawful, invalid, or unenforceable, that part shall remain enforceable to the extent permitted by applicable law, and the unenforceable part shall be considered severed from these Terms. This provision does not affect the validity and enforceability of the remaining provisions.

SECTION 19 – TERMINATION

19.1 Obligations and liabilities incurred by the parties before the termination date remain in effect after the termination of this agreement for all purposes.

19.2 These Terms and Conditions remain in effect until terminated by you or us. You may terminate these Terms at any time by informing us that you no longer wish to use our services or when you stop using our website.

19.3 If, in our opinion, you fail to comply with any of the provisions or conditions of these Terms, we may terminate this agreement at any time without prior notice. You will remain liable for all amounts due up to the date of termination; furthermore, we may deny you access to our services (or parts thereof).

SECTION 20 – ENTIRE AGREEMENT

20.1 The fact that we do not exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

20.2 These Terms and any policies or operating rules published by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and supersede all prior or contemporaneous agreements, communications, and proposals, both oral and written, between you and us (including previous versions of the Terms).

20.3 Any ambiguities in the interpretation of these Terms shall not be interpreted against the drafting party. This means that if there are unclear parts of the Terms, they shall not be interpreted to our disadvantage but reasonably and in favor of the company.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements under which we provide you with services are governed by and construed in accordance with Dutch law.

ARTICLE 22 – PRIORITY OF THESE TERMS OVER THE OTHER PARTY'S TERMS

These Terms take precedence over any terms of the other party, including terms contained in orders, invoices, or other documents of the other party. Terms of the other party that conflict with or deviate from these Terms are expressly rejected unless we expressly agree to them in writing.

ARTICLE 23 – PRIORITY OF AGREEMENT

In the event of any conflict or inconsistency between the provisions of these Terms and the provisions of a specific agreement between the customer and the business, the provisions of that specific agreement shall take precedence. Conflicting provisions of the Terms shall then be disregarded.

SECTION 24 – CHANGES TO TERMS

24.1 You can view the most current version of the Terms at any time on this page.

24.2 We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website regularly for changes.

24.3 Continued use of our website or Service after any changes to these Terms have been posted constitutes acceptance of those changes.