Terms and Conditions

Article 1 – Definitions

For the purposes of these terms, the following definitions shall apply:

“Withdrawal period”: the period during which the consumer may exercise the right of withdrawal;

“Consumer”: a natural person who is not acting in the exercise of a profession or business, and who enters into a distance contract with the trader;

“Day”: a calendar day;

“Fixed-term transaction”: a distance contract relating to a series of products and/or services, the obligation of supply and/or purchase of which is spread over time;

“Durable medium”: any instrument which enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction;

“Right of withdrawal”: the consumer’s option to cancel the distance contract within the withdrawal period;

“Trader”: a natural or legal person who offers products and/or services to consumers at a distance;

“Distance contract”: a contract concluded in the framework of a system organized by the trader for the remote sale of goods and/or services, using exclusively one or more means of distance communication up to and including the moment the contract is concluded;

“Means of distance communication”: means that may be used for the conclusion of a contract without the consumer and the trader being physically present in the same place at the same time.

“General Terms and Conditions”: the trader’s current terms and conditions.

Article 2 – Identity of the Trader

  • Company name: DDP Commerce

  • Trade Register number: 96248254

  • Trade name: DDP Commerce

  • VAT registration number: NL005197686B22

  • Customer service email: info@movie-moda.com

  • Company address: Stevenaak, Papendrecht

Article 3 – Applicability

These general terms and conditions apply to all offers of the trader and to all distance contracts and orders concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the contract is concluded that the terms can be inspected at the trader’s premises and will be sent free of charge as soon as possible upon request.

Where the distance contract is concluded electronically, the text of these terms shall be provided electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer shall be informed prior to the conclusion of the contract where the terms can be accessed electronically, and that they will be sent free of charge by electronic or other means upon request.

If, in addition to these terms, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in case of conflicting terms, the consumer may always rely on the most favorable provision.

If one or more provisions of these terms are found to be wholly or partially void or unenforceable, the contract and the remaining terms shall remain in effect, and the invalid provision shall be replaced by a provision that most closely matches the original intent.

Situations not provided for in these terms shall be interpreted “in the spirit” of these terms.
Any uncertainty as to the interpretation of one or more provisions shall likewise be interpreted “in the spirit” of these terms.

Article 4 – The Offer

If an offer is valid for a limited period or subject to conditions, this shall be expressly stated in the offer.

The offer is non-binding. The trader may modify or adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment. If images are used, they shall truthfully represent the products and/or services. Obvious mistakes or errors in the offer do not bind the trader.

All images and specifications are indicative only and cannot give rise to claims or termination.
Colors of products shown may not exactly match actual product colors.

Each offer contains sufficient information to clarify to the consumer their rights and obligations upon acceptance, including but not limited to:

  • the price, excluding customs duties and import VAT (to be borne by the consumer);

  • possible shipping costs;

  • the manner in which the contract will be concluded and the steps involved;

  • whether the right of withdrawal applies;

  • payment, delivery, and performance arrangements;

  • the period for accepting the offer or for which the trader guarantees the price;

  • communication costs where applicable;

  • archiving of the contract and how the consumer can access it;

  • how the consumer may check and correct data prior to contract conclusion;

  • available languages for conclusion besides Dutch;

  • any codes of conduct the trader has subscribed to and how they may be accessed;

  • the minimum contract duration in the case of automatic renewal.

  • (Optional: available sizes, colors, materials).

Article 5 – The Contract

Subject to Article 4, the contract is concluded when the consumer accepts the offer and meets its conditions.

If accepted electronically, the trader shall immediately confirm receipt of acceptance electronically. Until confirmed, the consumer may cancel the contract.

If concluded electronically, the trader shall implement appropriate technical and organizational measures to secure data transfer. If electronic payment is possible, suitable security measures shall also be in place.

The trader may, within the law, obtain information about the consumer’s ability to meet payment obligations, and other relevant facts. If there are valid reasons not to conclude the contract, the trader may refuse an order or impose conditions, with justification.

The trader shall provide the consumer with the following in writing or on a durable medium with the product/service:

  • the trader’s address for complaints;

  • the withdrawal conditions and procedure, or statement of inapplicability;

  • information on warranties and after-sales service;

  • information from Article 4(3), unless already provided;

  • cancellation conditions for contracts longer than one year or indefinite.

Every contract is subject to product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may cancel within 14 days without reason. The reflection period starts the day after receipt of the product.

During this period, the consumer shall handle the product and packaging with care, only to the extent necessary to determine if they wish to keep it. If exercising withdrawal, the product must be returned with all accessories, in original condition and packaging if reasonably possible, according to reasonable and clear trader instructions.

The consumer must notify the trader within 14 days after receipt (in writing or by email). After notification, products must be returned within 14 days. The consumer must prove timely return (e.g. proof of postage).

If the consumer fails to notify or return within these deadlines, the purchase is final.

Article 7 – Costs in Case of Withdrawal

The consumer shall bear the direct return costs.

If the consumer has paid, the trader shall refund as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back or proof of return has been supplied.

Article 8 – Exclusion of Withdrawal Right

The trader may exclude withdrawal for products as described below, provided this was clearly stated in the offer prior to conclusion.

Exclusion is possible for products:

  • made to consumer specifications;

  • clearly personal in nature;

  • which by nature cannot be returned;

  • that perish or expire quickly;

  • subject to financial market fluctuations beyond trader control;

  • newspapers and magazines;

  • audio/video/software with seal broken;

  • hygiene products with seal broken.

Exclusion is also possible for services:

  • accommodation, transport, catering, or leisure for a specific date or period;

  • services started with consumer’s express consent before withdrawal period expired;

  • betting and lotteries.

Article 9 – Price

During validity of the offer, prices will not increase except for VAT rate changes.

Variable prices may apply to products/services subject to financial market fluctuations, which will be stated in the offer.

Price increases within 3 months are only permitted by law.
After 3 months, increases are only allowed if stipulated and the consumer may cancel from the day the increase takes effect.

Under Dutch VAT Act 1968 Article 5(1), the place of delivery is where transport begins. Since delivery occurs outside the EU, import VAT/customs duties will be charged by postal/courier services, not by the trader.

All prices are subject to printing/typographical errors. No liability for consequences thereof. The trader is not obliged to deliver at incorrect prices.

Article 10 – Conformity and Warranty

The trader guarantees that products/services conform to the contract, offer specifications, reasonable usability and/or soundness, and applicable legal regulations. If agreed, suitability for other than normal use is also guaranteed.

Warranty by the trader, manufacturer, or importer does not affect statutory rights.

Defective/incorrect products must be reported in writing within 14 days and returned in original packaging and new condition.

The warranty period equals the manufacturer’s warranty. The trader is not liable for suitability for individual use or for advice regarding use.

Warranty is void if:

  • the consumer repairs/has products repaired without authorization;

  • products were exposed to abnormal conditions, careless treatment, or contrary to supplier instructions;

  • defects result from government-imposed provisions concerning materials.

Article 11 – Delivery and Performance

The trader shall exercise utmost care when receiving and executing orders.

The place of delivery is the consumer’s stated address.

Accepted orders shall be executed promptly, at the latest within 30 days, unless a longer delivery was agreed. If delayed or impossible, the consumer shall be informed within 30 days and may cancel free of charge. The trader shall then refund within 14 days.

If delivery is impossible, a substitute item may be provided with clear notice upon delivery. Substitutes cannot exclude withdrawal rights. Return costs are borne by the trader.

Risk of damage/loss remains with the trader until delivery to the consumer or authorized representative, unless agreed otherwise.

Article 12 – Duration Contracts: Termination, Renewal, Duration

Termination

  • Consumers may terminate indefinite contracts for regular delivery at any time with max one-month notice.

  • Fixed-term contracts may be terminated at the end of the term with max one-month notice.

  • Termination may:

    • occur at any time, not limited to fixed dates;

    • be done in the same manner as entered into;

    • always with the same notice period the trader applies.

Renewal

  • Fixed-term contracts may not be tacitly renewed for a fixed term.

  • Daily/weekly newspapers or magazines may be tacitly renewed for max 3 months, provided termination at end of renewal with one-month notice.

  • Fixed-term contracts may be tacitly renewed for indefinite duration if termination is possible anytime with max one-month notice, or three months for newspapers/magazines (monthly delivery max).

  • Introductory subscriptions end automatically.

Duration
Contracts longer than one year may be terminated by the consumer after one year with max one-month notice, unless early termination is unreasonable/unfair.

Article 13 – Payment

Unless otherwise agreed, amounts must be paid within 7 business days after the start of the withdrawal period (Article 6(1)). For service contracts, after receipt of confirmation.

The consumer must immediately report inaccuracies in provided/payment data.

If not paid, the trader may, subject to legal limits, charge reasonable pre-communicated costs.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after defects are identified, fully and clearly described.

Complaints will be answered within 14 days of receipt. If more time is needed, acknowledgment and indication of timeframe will be given.

If unresolved, a dispute arises and may be submitted to dispute resolution.

A complaint does not suspend trader’s obligations unless stated in writing.

If valid, the trader may replace or repair products free of charge.

Article 15 – Disputes

Contracts governed by these terms are subject exclusively to Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures implemented and strengthened from 2024 under the “Amendment of the VAT Act 1968 (Act for the Implementation of the Payment Services Directive)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.