Article 1 - Definitions
The following definitions apply in these terms and conditions:
Withdrawal period: the period within which a consumer can make use of his right of withdrawal.
Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business.
Durable medium: every means - including emails - that enables a consumer or Zo Zero to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information.
Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period.
Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, whereby sole or partly use is made of one or more techniques for distance communication.
Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions.
Technique for distance communication: means that can be used for concluding a contract, without the necessity of the consumer and Zo Zero being in the same place at the same time.
Zo Zero: the natural or legal entity who offers products remotely to consumers.
Article 2 - Identity of Zo Zero
A Partnership Located in Amsterdam
Email address: email@example.com
Chamber of Commerce number: 73599700
VAT identification number: NL859596321
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between Zo Zero and a consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier.
Article 4 - The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Zo Zero makes use of illustrations, these will be a true representation of the products being offered. Zo Zero is not bound by obvious errors or mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
Article 5 - The agreement
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, Zo Zero will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by Zo Zero.
3. If the contract is concluded electronically, Zo Zero will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, Zo Zero will take suitable security measures.
4. Zo Zero may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives Zo Zero proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. Zo Zero will send to a consumer, at the latest when delivering a product the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
- the contact details of Zo Zero where the consumer can lodge complaints.
- the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal.
- information on guarantees and existing after-sales service.
- the price, including all taxes on the product; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract.
- if the consumer has a right of withdrawal, the model form for right of withdrawal.
Article 6 - Right of withdrawal
1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. Zo Zero is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or
- if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. Zo Zero may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
- if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part.
-with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.
3. If Zo zero did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
4. If Zo Zero provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.
Article 7 - Consumers’ obligations during the withdrawal period
1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
Article 8 - Consumers who exercise their right of withdrawal and the costs involved
1. A consumer who wants to exercise his right of withdrawal shall report this to Zo Zero, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) Zo Zero. This is not necessary if Zo Zero has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by Zo Zero.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If Zo Zero has not declared that the consumer shall bear these costs or if Zo Zero indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
Article 9 - Traders’ obligations in a case of withdrawal
1. Zo Zero immediately sends a confirmation after receiving an electronic notification of withdrawal by the consumer.
2. Zo Zero reimburses the consumer immediately with all payments, including any delivery costs Zo Zero charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which Zo Zero has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, Zo Zero does not have to refund the additional costs of the more expensive method.
Article 10 - Precluding the right of withdrawal
Zo Zero can preclude the right of withdrawal for the following products, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
1. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person.
2. Products subject to rapid decay or with a limited shelf-life.
3. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery.
4. Products that, due to their nature, have been irretrievably mixed with other products.
Article 11 - The price
1. During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for price changes in VAT-tariffs.
2. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
3. Prices stated in offers of products include VAT.
Article 12 - Contract fulfillment and extra guarantee
1. Zo Zero guarantees that the products fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
2. An extra guarantee arrangement offered by Zo Zero, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against Zo Zero on the grounds of the contract if Zo zero failed to fulfill his part in the contract.
3. An extra guarantee is defined as every commitment by Zo Zero, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfill his part in the contract.
Article 13 - Supply and implementation
1. Zo Zero will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to Zo Zero.
3. Taking into consideration that which is stated in article 4 of these general terms and conditions, Zo Zero will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
4. Following dissolution in accordance with the previous paragraph, Zo Zero refunds the consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon Zo Zero up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to Zo Zero, unless this has explicitly been agreed otherwise.
Article 14 - Payment
1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract.
2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to Zo Zero any inaccuracies in payment data provided or stated.
4. If a consumer fails to fulfill his payment obligation(s) in good time, after Zo Zero has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfill the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and Zo Zero has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40.
Zo Zero can make departures from these sums and percentages that are favorable to the consumer.
Article 15 - Complaints procedure
1. Zo Zero provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to Zo Zero without delay, in full and with clear descriptions.
3. A reply to complaints submitted to Zo zero will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then Zo Zero will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply..
4. The consumer should give Zo Zero a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.
Article 16 - Disputes
1. Contracts entered into between Zo zero and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
2. All disputes between parties will be submitted exclusively to the competent disputes committee or the court in the Netherlands.
Article 17 - Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.