Table of Contents
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 Execution
Article 12 - Long-Term Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
Reflection Period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-Term Transaction: a distance contract concerning a series of products and/or services, the performance and/or delivery obligations of which are spread over time;
Durable Data Carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the consumer's possibility to withdraw from the distance contract within the reflection period;
Model Withdrawal Form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in when he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive or joint use is made of one or more techniques for distance communication up to the conclusion of the agreement;
Technique for Distance Communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same space at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Zouina Home
Koningsweg, 76B
1921 AV Akersloot
The Netherlands
Laura Schröder
T (06) 29442575
E zouinahome@gmail.com
Chamber of Commerce: 89925955
VAT number: NL004773320B38
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed at the entrepreneur and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are null and void or are nullified, the agreement and these terms and conditions will continue to apply for the rest, and the invalid or nullified provisions will be replaced by provisions that are as close as possible to the original intention.
Cases not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Ambiguities in the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Apparent errors or mistakes in the offer do not bind the entrepreneur.Images of products are a truthful representation of the offered products. However, the Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
The price including taxes;
Any shipping costs;
How the agreement will be concluded and what actions are required for that purpose;
Whether the right of withdrawal applies or not;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer or the period within which the Entrepreneur guarantees the price;
The amount of the rate for remote communication if the costs for using the remote communication technique are calculated on a basis other than the regular base rate for the communication method used;
Whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
How the consumer can check and, if necessary, correct the information provided by him in the context of the agreement before its conclusion;
Any other languages in which, besides Dutch, the agreement can be concluded;
The codes of conduct to which the Entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in case of a continuous performance agreement.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
If the consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the Entrepreneur will observe suitable security measures for that purpose.
Within legal frameworks, the Entrepreneur can ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the Entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to its execution, motivated.
The Entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
The visiting address of the establishment of the Entrepreneur where the consumer can address complaints;
The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;
The information mentioned in Article 4, Clause 3 of these terms and conditions unless the Entrepreneur has already provided this information to the consumer before the execution of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a continuous performance agreement, the provision in the previous clause is only applicable to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of Withdrawal
In the case of product delivery:
When purchasing products, the consumer has the option to terminate the agreement without stating any reasons within 14 days. This cooling-off period starts on the day after the consumer or a designated representative, known to the Entrepreneur, has received the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he decides to exercise his right of withdrawal, he shall return the product to the Entrepreneur with all accessories supplied, and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the Entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must notify the Entrepreneur within 14 days after receiving the product. The consumer may do so using the model withdrawal form or by any other means of communication, such as email. After the consumer has expressed his desire to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by providing proof of shipment.
If the customer has not communicated his intention to exercise his right of withdrawal or has not returned the product to the Entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is considered final.
In the case of service delivery:
When services are delivered, the consumer has the option to terminate the agreement without stating any reasons for at least 14 days, starting on the day the agreement is entered into.
To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the Entrepreneur regarding the offer and/or given at the time of delivery.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, he shall bear no more than the costs of returning the goods.
If the consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible but no later than within 14 days after the withdrawal. The condition for this refund is that the product has already been received by the online retailer or that conclusive evidence of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
If the product is damaged due to the consumer's careless handling, the consumer is liable for any decrease in value of the product.
The consumer cannot be held liable for any decrease in the product's value if the Entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.
Article 8 - Exclusion of the Right of Withdrawal
The Entrepreneur can exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the Entrepreneur has clearly stated this in the offer or at least in a timely manner before the conclusion of the agreement.
The right of withdrawal can only be excluded for products that:
Are custom-made according to the consumer's specifications;
Are clearly personal in nature;
Cannot be returned due to their nature;
Can spoil or age quickly;
Are subject to price fluctuations in the financial market over which the Entrepreneur has no control;
Are newspapers, periodicals, or magazines;
Are audio or video recordings or computer software that the consumer has unsealed;
Are hygiene products that the consumer has unsealed.
The right of withdrawal can only be excluded for services:
Related to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
Whose delivery has begun with the consumer's explicit consent before the cooling-off period has expired;
Related to betting and lotteries.
Article 9 - The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the Entrepreneur has no influence. The fact that prices may be subject to fluctuations and that any prices mentioned are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the Entrepreneur has stipulated this and:
a. These are the result of legal regulations or provisions; or
b. The consumer has the authority to terminate the agreement on the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. The Entrepreneur also guarantees that the product is suitable for normal use if agreed upon.
A warranty provided by the Entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the Entrepreneur under the agreement.
Any defects or wrongly delivered products must be reported to the Entrepreneur in writing within 2 months of the discovery of the defect.
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:
a. The consumer has repaired or processed the delivered products himself or had them repaired or processed by third parties;
b. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the Entrepreneur's instructions and/or have been treated by the consumer in a manner contrary to the instructions on the packaging;
c. The shortcomings are (partly) the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 - Delivery and Execution
The Entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated about this in Article 4 of these General Terms and Conditions, the company will execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed about this at the latest 30 days after he placed the order. In that case, the consumer has the right to terminate the agreement without any costs. The consumer is not entitled to any compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with the third paragraph of this Article, the Entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the Entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article will be delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the Entrepreneur.
The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the consumer or a pre-designated and the Entrepreneur-known representative, unless expressly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Extension
Termination
The consumer can terminate an agreement that has been entered into for an indefinite period and which relates to the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a definite period and which relates to the regular delivery of products (including electricity) or services at any time at the end of the agreed duration, observing the agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
a. At any time and is not limited to termination at a specific time or during a specific period;
b. Terminate these at least in the same way as they were entered into by him;
c. Always terminate them with the same notice period as the Entrepreneur has stipulated for himself.
Extension
An agreement that has been entered into for a definite period and which relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which relates to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
An agreement that has been entered into for a definite period and which relates to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer is allowed to terminate at any time with a notice period of at most one month and a notice period of at most three months in the case of an agreement to deliver daily, news, and weekly newspapers and magazines regularly, but less than once per month.
An agreement with a limited duration to the regular delivery of trial versions of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6(1) has commenced. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to the Entrepreneur without delay.
If the consumer defaults on payment, the Entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs that were communicated to the consumer in advance.
Article 14 - Complaints Procedure
The Entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be fully and clearly described and submitted to the Entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer must first turn to the Entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation will be resolved by Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this web store has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If the mediation efforts do not lead to a satisfactory solution, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both Entrepreneur and consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
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 by the Entrepreneur, the Entrepreneur will, at its option, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Dutch law exclusively applies to agreements between the Entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional provisions or deviations from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.