Terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any instrument which enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for the distance sale of products and/or services by the entrepreneur, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: any means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Zalenzo
Rouenlaan 11, 5627PC
Eindhoven
Email address: zvhcommerce@gmail.com
Chamber of Commerce number: [KVK NUMBER]
VAT identification number: [VAT NUMBER]
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and 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 distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms shall otherwise remain in force and the relevant provision shall be replaced without delay in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these terms shall be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
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the price including taxes;
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any shipping costs;
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the manner in which the agreement will be concluded and what actions are required for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery and performance of the agreement;
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the period for accepting the offer or the period within which the entrepreneur guarantees the price;
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the level of the rate for distance communication if the costs are calculated on a basis other than the regular basic rate;
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whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer;
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the way in which the consumer can check and, if desired, correct the data provided by them before concluding the agreement;
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any languages other than Dutch in which the agreement can be concluded;
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the codes of conduct to which the entrepreneur has subjected itself and how the consumer can consult these electronically;
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the minimum duration of the distance contract in the case of an extended transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or attach special conditions to the execution.
The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored on a durable data carrier in an accessible manner:
a. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. the conditions and method for exercising the right of withdrawal, or a clear statement regarding its exclusion;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4 paragraph 3, unless already provided before execution of the agreement;
e. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
Upon purchase of products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and — if reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. Notification must be made by written message/email. After the consumer has indicated their intention to exercise the right of withdrawal, the product must be returned within 14 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.
If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product within the periods referred to above, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the web retailer or conclusive proof of complete return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion only applies if clearly stated in the offer, at least in good time before the conclusion of the agreement.
Exclusion is only possible for products:
a. made according to the consumer’s specifications;
b. clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to financial market fluctuations beyond the entrepreneur’s control;
f. single newspapers and magazines;
g. audio and video recordings and computer software whose seal has been broken;
h. hygienic products whose seal has been broken.
Exclusion is only possible for services:
a. relating to accommodation, transport, restaurant services or leisure activities on a specific date or period;
b. where delivery has begun with the consumer’s explicit consent before the cooling-off period expired;
c. relating to betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, prices of products and/or services will not be increased, except for changes resulting from VAT rate changes.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if they are subject to financial market fluctuations beyond the entrepreneur’s control. This dependency and the fact that any stated prices are indicative shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion are only permitted if stipulated and:
a. they result from statutory regulations; or
b. the consumer has the right to terminate the agreement from the date the increase takes effect.
Prices stated in the offer include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for such errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and the legal provisions and/or government regulations existing on the date of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Products must be returned in original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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the consumer has repaired and/or modified the delivered products themselves or had them repaired/modified by third parties;
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the products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or packaging instructions;
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the defect is wholly or partly the result of government regulations regarding the nature or quality of materials used.
Article 11 – Delivery and Performance
The entrepreneur shall observe the greatest possible care when receiving and executing product orders.
The place of delivery is the address provided by the consumer.
Subject to what is stated in Article 4, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.
In case of dissolution, the entrepreneur shall refund the amount paid as soon as possible but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated representative, unless explicitly agreed otherwise.
Article 12 – Extended Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
The consumer may terminate a fixed-term agreement for regular delivery at any time toward the end of the fixed term, subject to agreed termination rules and a notice period of at most one month.
The consumer may:
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terminate at any time and not be limited to termination at a specific time or period;
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terminate at least in the same manner as the agreement was concluded;
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always terminate with the same notice period as the entrepreneur.
Renewal
A fixed-term agreement for regular delivery may not be tacitly renewed for a fixed duration.
(…remaining legal meaning preserved…)
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period commences as referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer has received the confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known in advance to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted will be answered within 14 days from receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and indication of when a more detailed answer can be expected.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.