ARTICLE 1 DEFINITIONS
In these General Terms and Conditions the following terms shall be capitalized. These terms shall mean:
‘Reflection period’: the period within which the Customer may use its right of withdrawal.
‘Right of withdrawal’: the option of the Customer to withdraw from the distance agreement within the reflection period.
‘ZAL’: Zalure, registered in the Trade Register of the Almere Chamber of Commerce under number 64560163
VAT number: NL784082212B01
‘Customer’: a natural person not acting in the exercise of a profession or business who concludes a distance Agreement with ZAL or a natural person acting in the exercise of a profession or business who concludes a distance Agreement with ZAL.
‘Agreement’: any agreement concluded between ZAL and the Customer in the context of an organized distance sales or service system without the simultaneous physical presence of ZAL and Customer and which, up to and including the moment at which the agreement is concluded, makes exclusive use of one or more means of distance communication.
‘Acknowledgement of receipt’: the acknowledgment of receipt, as defined in Article 3.2 of these Terms and Conditions.
‘Product(s)’: the Product or Products that at the conclusion of an Agreement between ZAL and the Customer by or through ZAL Webshop shall or should be delivered to the Customer within an agreed period, for which the Customer shall pay a certain price;
‘Terms and Conditions’: these general terms and conditions of webshop.
‘Website’: www.zalure.com, where ZAL sells products to both national and international customers.
ARTICLE 2 SCOPE
2.1 These Terms and Conditions apply to all distance offers, orders and Agreements concluded with the Customer through the Website of ZAL and where ZAL is the supplier. The Customer expressly accepts these Terms and Conditions when concluding an Agreement between the Customer and ZAL, through the procedure as described in Article 3 of these Terms and Conditions.
2.2 Deviations from the provisions of these Terms and Conditions may only take place with the written approval of ZAL, in which case the other provisions of these Terms and Conditions shall remain in full force.
2.3 All rights and claims, as stipulated in these Terms and Conditions and in any further Agreements on behalf of ZAL, are also stipulated on behalf of intermediaries and other third parties engaged by ZAL.
2.4 ZAL has the right to change these Terms and Conditions and the content of its Website.
ARTICLE 3 OFFERS/AGREEMENTS
3.1 If ZAL should increase the purchase price of the product pursuant to a statutory regulation or a final and non-appealable court ruling, it will notify the Customer of this immediately in writing (by letter or e-mail). The Customer shall, in such case, be entitled to terminate this Agreement by giving written notice to ZAL (by letter or e-mail). ZAL is not bound by its offer in the event of printing, typographical or programming errors in its catalogues, mailings or on the Website. ZAL is not liable for the consequences of inaccurate or incomplete information in its catalogues, mailings or on the Website.
3.2 The Agreement is concluded at the time of acceptance by the Customer of the offer and the fulfilment of the corresponding conditions. If the Customer has accepted the offer electronically, ZAL shall immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed, the Customer may terminate the Agreement.
3.3 ZAL may investigate, within the statutory parameters, whether the Customer can meet its payment obligations and investigate all those facts and factors that are important for the responsible conclusion of a distance Agreement. If ZAL on the basis of this investigation has sound reasons for not entering into the Agreement, it is entitled to refuse an order or request giving reasons or to attach special conditions to the performance of the Agreement.
3.4 The Acknowledgement of receipt shall in each case contain the following information:
(a) a description of the Product that is purchased by the Customer and the number of Products purchased by the Customer;
(b) the price of the Product(s), including taxes;
(c) the name, residential address, delivery address of the Customer(s) where the Product(s) should be sent, billing address (if different from the residential address and/or delivery address), e-mail address and telephone number of the Customer;
(d) any costs of delivery;
(e) the order number of the Agreement.
3.5 The Agreement contains all arrangements made between the Customer and ZAL and replaces all previous Agreements, schemes and/or arrangements between the Customer and ZAL.
3.6 The administration of ZAL applies as evidence, subject to evidence to the contrary, of the Orders placed by the Customer to ZAL, of payments made and of deliveries carried out by ZAL. ZAL recognizes that electronic communication can serve as evidence. By accepting these Terms and Conditions, this is also recognized by the Customer.
ARTICLE 4 DELIVERY COSTS
4.1 All prices for the Products are in Euros and include turnover tax (VAT). Delivery costs are calculated separately, depending on the destination and the total amount of the order and are provided to the Customer before the Customer concludes the Order:
€ 5.00 per order dispatched within the Netherlands; till 10 kg
€ 10.00 per order for dispatch outside the Netherlands, but within the West Europe; till 2 kg
€ 16.00 per order for dispatch outside the Netherlands, but within the East Europe; till 2 kg
€ 24.00 per order for dispatch outside the Netherlands en Europe; till 2 kg
4.2 ZAL determines the mode of delivery and is entitled to deliver orders in parts.
4.3 The risk during the transport of the Product ordered by the Customer is for ZAL. At the time physical possession of the Product is taken, the risk of the Product passes to the Customer, subject to legal obligations that cannot be excluded by ZAL.
4.4 For orders from abroad, any applicable bank charges, turnover tax and import duties are for the account of the Customer. A Customer from abroad may not pay by direct debit authorization.
ARTICLE 5 DELIVERY TIME
5.1 If ZAL and the Customer have not agreed on a specific delivery date in the Agreement, the delivery of the Product within the European Union shall take place as soon as possible and in any event not later than thirty calendar days after the conclusion of the Agreement. Delivery outside the European Union shall take place within a reasonable period of time.
5.2 If the agreed delivery period, for any reason whatsoever, is exceeded by ZAL, ZAL shall notify the Customer of this in writing (by letter or e-mail). In such case, the Customer may request ZAL to make the delivery within an additional period which is appropriate in the circumstances. If ZAL does not make the delivery within the additional period, the Customer is entitled to terminate the Agreement.
5.3 The payments made by the Customer in the context of the performance of the Agreement which is cancelled by Customer, pursuant to Article 5.2 of these Terms and Conditions, shall be repaid to the Customer by ZAL within 14 calendar days after ZAL has received the request referred to in Article 5.2.
ARTICLE 6 RIGHT OF WITHDRAWAL
6.1 After the Customer has received the Products ordered by it, the Customer is entitled to terminate the underlying Agreement with ZAL within 14 calendar days after receipt of this Product. The Customer is not required to give a reason for this. This provision does not apply to Products:
- that are altered by ZAL in accordance with the Customer’s specifications;
b. that are clearly of a personal nature;
c. that by their nature cannot be returned;
d. that quickly become obsolete or spoil;
e. for which the price depends on fluctuations in the financial market, over which ZAL has no influence;
f. such as individual newspapers and magazines;
g. such as audio and video recordings and computer software of which the Customer has broken the seal;
6.2 If the Customer wishes to terminate the Agreement pursuant to Article 6.1 of these Terms and Conditions, the Customer should inform ZAL of this in writing (by e-mail or letter). The Customer is required to return the Product to ZAL as soon as possible or within 14 calendar days. The Customer must bear the cost and risk of returning the Product.
6.3 The payments made by the Customer at the time that the Customer cancels the Agreement with ZAL, pursuant to Articles 6.1 and 6.2 of these Terms and Conditions, shall be repaid by ZAL to the Customer within 14 calendar days after ZAL has been informed of the decision by the Customer to cancel the Agreement, including delivery charges (but excluding any additional costs resulting from the choice of the Customer for a different delivery than the cheapest standard delivery provided by ZAL). Repayment shall be made by the same method of payment used by the Customer in the original transaction, unless the Customer has explicitly agreed otherwise; in both cases no fee will be charged to the Customer for such repayment.
6.4 If a Product is returned that, in the opinion of ZAL, has suffered damage or has been reduced in value as a result of the treatment of the Product(s) which exceeded that which was necessary to determine the nature, characteristics and functioning of the Product(s), then ZAL shall notify the Customer of this in writing (by letter or e-mail). ZAL is entitled to deduct the reduction in value of the Product as a result of this damage from the amount payable to the Customer
ARTICLE 7 NO GOOD, MONEY BACK
7.1 If, within 30 calendar days after the Customer has received the Product, the Product is found to have a defect or the Customer is of the opinion that the Product does not reasonably meet its requirements, the Customer has two options:
(a) the Customer may request ZAL in writing (by letter or e-mail) for the repair, replacement or the delivery of the missing or defective part of the Product; or
(b) the Customer may terminate the Agreement with ZAL, by informing ZAL of this in writing (by letter or e-mail).
7.2 If the Customer asks ZAL to repair, replace or deliver the missing or defective part of the Product, the Customer must return the Product to ZAL. ZAL shall then repair, have repaired or replace the Product within a reasonable time after it has received the Product from the Customer and send it back to the Customer. The cost of the return shipment by the Customer, the replacement and/or repair of the Product, and the return of the Product to the Customer shall be for the account of ZAL, unless it is plausible that the missing (part of the) Product or the defect to the Product is attributable to the Customer or is otherwise for the account and risk of the Customer. In such case, ZAL is not required to repair the defect to the Product or add the missing part to the Product. In such case, ZAL shall return the Product to the Customer in the same condition as that in which it received the Product from the Customer.
7.3 If the Customer terminates the Agreement on the basis of Article 7.1 (b) of these Terms and Conditions, the Customer must immediately return the Product to ZAL. The costs of the return dispatch are for the account of ZAL. The purchase price of the Product shall be refunded within 14 calendar days to the bank account of the Customer. Article 6.4 of these Terms and Conditions applies to this paragraph.
ARTICLE 8 GENERAL
8.1 The Customer must respect all intellectual property rights of the Product delivered by the ZAL.
ARTICLE 9 GUARANTEES
9.1 The Products supplied by ZAL have a guarantee. This is a guarantee as is provided by the manufacturer for its Products. This guarantee does not affect the rights of the Customer arising from the law, these Terms and Conditions or the Agreement.
ARTICLE 10 COMPLAINTS
10.1 All complaints related to the delivery, quality and condition of the Product or any other complaint shall be dealt with by ZAL.
10.2 The Customer must make a complaint known to the Customer Service department of ZAL (details are listed in Article 12 of these Terms and Conditions).
10.3 ZAL shall attempt to resolve the complaint within 14 calendar days. If a complaint requires a foreseeably longer time for processing, ZAL shall inform the Customer of this within the period of 14 calendar days after receipt of the complaint and indicate when the Customer can expect to receive a more detailed response. ZAL shall inform the Customer of this in writing (by letter or e-mail).
ARTICLE 11 PRIVACY
1.1 ZAL respects the privacy of the Customers of its site and ensures that the personal data provided to ZAL is kept confidential. ZAL acts hereby in accordance with the relevant provisions of the Data Protection Act (Wet Bescherming Persoonsgegevens). ZAL uses the personal data to process orders as quickly and easily as possible and provide Customers with the most complete service possible through the Customer Service department. Furthermore, ZAL shall not sell or trade any data provided to it to third parties. The data of the Customer shall only be made available to third parties that are directly involved in carrying out the order.
11.2 The Customer may inspect his or her personal data at any time by submitting a written request (by letter or e-mail) to this effect to ZAL, webshop department. In such case, ZAL shall provide the Customer with an overview of his/her personal data held by ZAL webshop within 4 weeks. If the Customer believes that his or her personal data should be corrected, supplemented, deleted or protected because it is factually incorrect, the Customer should notify ZAL of this in writing (by letter or e-mail), in which the Customer indicates that his or her personal data should be corrected, supplemented, deleted. If the Customer wishes his or her personal data to be improved and/or supplemented, the Customer shall include these improvements/additions to his or her personal data in its notification. In all cases, ZAL shall immediately comply with the instructions of the Customer, unless ZAL is unable to do so. In such case, ZAL shall remove the personal data of the Customer from its file(s). ZAL shall instruct any third parties, to whom the personal data of the Customer has been provided, to process any changes, protection or deletion of the personal data of the Customer.
ARTICLE 12 ZALURE CUSTOMER SERVICE DEPARTMENT
All correspondence based on these Terms and Conditions should take place with:
8244 EN Lelystad, The Netherlands
ARTICLE 13 APPLICABLE LAW, MEDIATION, AND DISPUTES
13.1 All Agreements concluded with ZAL are governed by Dutch law.
13.2 In principle, the courts have jurisdiction to hear disputes between the parties unless the parties agree otherwise.
– General Terms and Conditions of Zalure Webshop 2017 –