Terms
These terms apply to every order placed via getmode3.com. If anything here conflicts with mandatory Dutch consumer law, the consumer law wins.
1. Seller
M. Brinkhuis Holding B.V., trading as MODE³.
Kerkhofweg 6a, 7031 JE Wehl, the Netherlands
KvK 73010766 · BTW NL085931966B01
Email: hi@getmode3.com
2. Scope
These terms apply to every offer, order and agreement between MODE³ and you. By placing an order you accept them. Any conflicting terms you may have do not apply unless we agree to them in writing.
3. Offer and agreement
Product descriptions, prices and availability on the site are an invitation to order, not a binding offer. An agreement is formed when you complete checkout and we confirm your order by email.
Obvious mistakes (typos, miscalculations) in pricing or descriptions don't bind us. If we spot one, we'll let you know and either correct the order or refund.
4. Prices
All prices on getmode3.com are in euros and include 21% Dutch VAT. Founders Drop: shipping to every EU country is included, every delivery. Operator plans (from Batch 002): shipping is included for the Netherlands and Belgium; elsewhere in the EU €6.95 per delivery, shown at checkout. See Shipping.
For subscriptions, the price for each renewal period is the price visible at the time of renewal. Founders Drop holders keep the price they bought at, for the lifetime of their subscription, as long as the subscription stays active.
5. Payment
Payment is processed by Mollie B.V. via iDEAL, Wero, Klarna, SEPA direct debit, or major credit cards. The available methods at the time of checkout depend on your location and Mollie's current offering.
For subscriptions, the agreed payment method is charged automatically at the start of each renewal period.
6. Delivery
See Shipping for delivery area, times and partner.
7. Right of withdrawal (consumers)
If you bought as a consumer (not in the course of a business), you have 14 days from receipt to withdraw from the purchase without giving any reason. See Returns for the procedure and the model withdrawal form.
On top of that right, your first MODE³ order carries the MODE³ 30-day guarantee: 30 days from delivery, full refund if it doesn't fit your system, no return needed.
For digital subscription access (the MODE³ app), the withdrawal period starts when the order is confirmed. By starting to use the app within that window you agree that the digital service is being supplied and waive the withdrawal right for the digital portion, in line with Article 6:230p sub 13 BW. The physical product portion of the subscription retains its 14-day withdrawal right from receipt.
8. Cancellation of subscriptions
You can cancel your MODE³ subscription at any time from Settings in the app, or by emailing hi@getmode3.com. Cancellation takes effect at the end of the current paid period; no pro-rata refund is given for the unused portion.
9. Conformity and warranty
The products and the app you receive must be what you reasonably expect based on our descriptions. If they aren't, you're entitled to repair, replacement, price reduction or termination under Article 7:21 BW.
Report any defect within a reasonable time after you notice it: at the latest 14 days for visible defects, two months for hidden defects.
10. Complaints
Email hi@getmode3.com within 14 days of the issue. We respond within 14 days. If we need longer to investigate, we'll tell you and give a realistic timeline.
If we can't reach a solution together, you can take the dispute to the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
11. Liability
Our total liability for any order is capped at the order amount. We're not liable for indirect damage, lost profit, or consequential loss, except where Dutch law explicitly prevents that limitation (e.g. intent or gross negligence).
12. Force majeure
If we can't perform an order because of force majeure (supplier failure, delivery service strike, etc.) we may delay or cancel without owing damages. We'll refund anything you already paid for the cancelled portion.
13. Governing law
Dutch law applies. Disputes go to the competent court in the Netherlands, unless mandatory consumer rules send them somewhere else.
14. Changes
We may update these terms. Active subscribers will be notified by email at least 30 days before changes take effect. If you don't agree with a change, you can cancel before it lands.
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