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Terms and Conditions

Article 1 – Definitions

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Costs in Case of Withdrawal

Article 8 – Exclusion of the Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Performance

Article 12 – Continuous Performance Contracts: Duration, Termination, and Renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

ARTICLE 1 – DEFINITIONS

In these Terms and Conditions, the following definitions apply:

Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;

Cooling-off Period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes relating to their trade, business, or profession and who enters into an agreement with the entrepreneur;

Day: calendar day;

Digital Content: data produced and supplied in digital form;

Continuous Performance Contract: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable Medium: any device or tool that 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, including email;

Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model Withdrawal Form: the form provided by the entrepreneur that the consumer may complete when exercising their right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;

Distance Contract: an agreement concluded within the framework of an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;

Means of Distance Communication: any means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place;

Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Business Name (registered name, supplemented where applicable by a trade name): Zelistarz

Registered Address:
Zaagmolenstraat 78c
3035 HD Rotterdam
The Netherlands
(Not a visitor address)

Email Address:
sandra@zojoli.com

Chamber of Commerce Number (KvK):
42004871

VAT Identification Number:
NL005427913B93

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 the entrepreneur and the consumer.

Before a 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, the entrepreneur shall indicate, before the distance contract is concluded, where the General Terms and Conditions may be inspected and that they 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 it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate where the General Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these General Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are declared null and void or are annulled in whole or in part at any time, the remaining provisions shall remain in full force and effect. The invalid or annulled provision shall be replaced without delay by mutual agreement with a provision that reflects the original intent as closely as possible.

Situations not covered by these General Terms and Conditions shall be assessed in accordance with these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions 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 subject to conditions, whether suspensive, resolutory, or otherwise, this shall be expressly stated in the offer.

All offers made by the entrepreneur are non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The entrepreneur’s offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images that imply they represent the offered product, such images shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not be binding upon the entrepreneur.

Product images are intended to provide a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed 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 acceptance of the offer. This includes, in particular:

  • The price, including taxes;

  • Any shipping costs;

  • The manner in which the agreement will be concluded and the actions required for this purpose;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and performance of the agreement;

  • Whether the contract will be archived after conclusion and, if so, how the consumer can access it;

  • The cost of distance communication if calculated on a basis other than the regular basic rate for the communication method used;

  • The minimum duration of the distance contract in the case of a continuous performance contract.

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the 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 ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

Within legal limits, the entrepreneur may assess whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or application with reasons, or to attach special conditions to its execution.

The entrepreneur shall provide the consumer, in writing or in a manner that allows the consumer to store the information on a durable medium, with the following information no later than upon delivery of the product, service, or digital content:

  • The visiting address of the entrepreneur’s establishment where the consumer may submit complaints;

  • The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • Information regarding warranties and existing after-sales services;

  • The price of the product, service, or digital content, including taxes;

  • Delivery costs, where applicable;

  • The method of payment, delivery, and performance of the agreement;

  • The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;

  • If the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuous performance contract, the provisions of the previous paragraph apply only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

For the Delivery of Products

The consumer has the right to withdraw from the agreement within 14 days of purchasing a product without giving any reason.

The cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.

The warranty period offered by the intermediary is identical to the manufacturer’s warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for any individual application by the buyer, nor for any advice regarding the use or application of the products.

In the event of a warranty claim, the intermediary may choose to replace or repair the product. In the event of replacement, the buyer is obliged to return the replaced item to the intermediary.

The warranty does not apply if:

  • The buyer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by a third party;

  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the intermediary’s instructions and/or the instructions on the packaging;

  • The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used;

  • Hygiene products cannot be returned or refunded, particularly under current health and safety regulations. Examples include, but are not limited to: underwear, bikinis, makeup, hair styling products, beauty products, and similar items.

If:

  • The consumer has ordered multiple products in a single order, the cooling-off period begins on the day the consumer, or a designated third party, receives the final product. The entrepreneur may refuse an order containing products with different delivery times, provided the consumer has been clearly informed before placing the order.

  • The delivery of a product consists of several shipments or parts, the cooling-off period begins on the day the consumer receives the final shipment or part.

  • The agreement provides for regular delivery of products over a specified period, the cooling-off period begins on the day the consumer receives the first product.

For Services and Digital Content Not Supplied on a Tangible Medium

In the case of a service agreement or an agreement for the supply of digital content not provided on a tangible medium, the consumer may withdraw from the agreement within fourteen days without giving any reason. This period begins on the day following the conclusion of the agreement.

Extended Cooling-Off Period

If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original withdrawal period.

If the entrepreneur provides the required information within twelve months after the commencement of the original cooling-off period, the withdrawal period expires fourteen days after the consumer receives that information.

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 determine whether they wish to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the entrepreneur’s reasonable and clear instructions.

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receiving the product using the model withdrawal form. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example by means of proof of shipment.

ARTICLE 7 – COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

If the consumer exercises the right of withdrawal, the consumer shall bear at most the direct costs of returning the goods.

The entrepreneur shall refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, using the same payment method used by the consumer. Refunds are subject to the entrepreneur having received the returned goods or conclusive proof that the goods have been returned.

Any reduction in the value of the product resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product shall be borne by the consumer. This provision shall not apply if the entrepreneur failed to provide all legally required information concerning the right of withdrawal before the conclusion of the purchase agreement.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal may only be excluded if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement, and only for the products and services listed below.

Exclusion is only possible for the following products:

  • Products manufactured according to the consumer’s specifications;

  • Products that are clearly personalized in nature;

  • Products that are liable to deteriorate or expire rapidly;

  • Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;

  • Individual newspapers and magazines;

  • Audio and video recordings and computer software where the consumer has broken the seal;

  • Hygiene products for which the consumer has broken the seal.

Hygiene products cannot be returned or refunded, particularly due to health and safety regulations. Examples include, but are not limited to:

  • Underwear;

  • Bikinis;

  • Makeup;

  • Hair styling products;

  • Beauty products;

  • Similar personal care items.

Exclusion is only possible for the following services:

  • Accommodation, transportation, restaurant services, or leisure activities to be provided on a specific date or during a specific period;

  • Services whose performance has begun with the consumer’s express consent before the cooling-off period has expired;

  • Betting and lottery services.

ARTICLE 9 – PRICE

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market over which the entrepreneur has no control. The existence of such fluctuations and the fact that any quoted prices are indicative shall be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or legal provisions.

Price increases after three months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • They result from statutory regulations or legal provisions; or

  • The consumer has the right to terminate the agreement with effect from the date on which the price increase takes effect.

All prices stated in the offer of products or services include VAT unless otherwise specified.

All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrectly stated price.

Special customs clearance charges, import duties, or similar fees are not included in the product price and shall be borne by the customer.

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 standards of reliability and usability, and the legal provisions and/or government regulations existing on the date the agreement is concluded.

If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer shall not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement. A warranty is understood to mean any commitment by the entrepreneur, supplier, importer, or manufacturer granting the consumer rights or claims beyond those required by law in the event of a failure to fulfill contractual obligations.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks after delivery. Returned products must be sent back in their original packaging and in new condition.

The warranty shall not apply if:

  • The consumer has repaired and/or modified the products themselves or has had them repaired and/or modified by third parties;

  • The products have been exposed to abnormal conditions, handled carelessly, or used contrary to the instructions of the entrepreneur and/or the instructions on the packaging;

  • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Hygiene products cannot be returned or refunded, particularly due to health and safety regulations. Examples include, but are not limited to:

  • Underwear;

  • Bikinis;

  • Makeup;

  • Hair styling products;

  • Beauty products;

  • Similar personal care items.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The entrepreneur shall exercise the utmost care when receiving and processing orders for products and when assessing requests for the provision of services.

The place of delivery shall be the address provided by the consumer to the entrepreneur.

Subject to the provisions of paragraph 4 of this article, the entrepreneur shall execute accepted orders with due speed and no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement free of charge and shall not be entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.

If the agreement is terminated in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. The consumer shall be informed clearly and understandably no later than at the time of delivery that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage to and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

ARTICLE 12 – CONTINUOUS PERFORMANCE CONTRACTS: DURATION, TERMINATION AND RENEWAL

Termination

The consumer may terminate an agreement entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement relating to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may:

  • Terminate the agreements referred to above at any time and shall not be restricted to termination at a specific time or during a specific period;

  • Terminate them in the same manner as they were entered into;

  • Always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement relating to the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed period.

By way of exception, a fixed-term agreement relating to the regular delivery of daily newspapers, weekly newspapers, and magazines may be automatically renewed for a period not exceeding three months, provided that the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement relating to the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and no more than three months if the agreement relates to the regular delivery of newspapers or magazines less than once per month.

A trial or introductory subscription for newspapers or magazines shall not be automatically renewed and shall terminate automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the agreed end date.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the commencement of the cooling-off period referred to in Article 6(1).

In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs that were communicated to the consumer in advance.

The consumer may make payment using the following payment methods:

  • iDEAL

  • Bancontact

  • Klarna

  • KBC/CBC

  • Belfius Direct Net

  • Credit Card (AMEX, Mastercard, Maestro, and Visa)

ARTICLE 14 – COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints regarding the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, and must be described fully and clearly.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 15 – DISPUTES

All agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law.

MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the agreement.)

To:

Company Name

Address

Postal Code

Email Address

Telephone Number

I/We () hereby notify you that I/we () withdraw from my/our () agreement concerning the sale of the following goods/the provision of the following service ():

Ordered on (DD-MM-YYYY):

Order Number:

Received on (DD-MM-YYYY):

Name(s) of Consumer(s):

Address of Consumer(s):

IBAN Account Number:

Signature of Consumer(s) (only if this form is submitted on paper):

Date (DD-MM-YYYY):

(*) Delete as appropriate.

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