Terms of service
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
Reflection period: the period within which the consumer can exercise his right of withdrawal.
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession.
Durable data carrier: any tool - including e-mail - that enables the consumer or Zo Zero to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
Distance contract: an agreement concluded between Zo Zero and the consumer within the framework of an organised system for distance selling of products, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication.
Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions.
Remote communication technology: means that can be used to conclude an agreement, without the consumer and Zo Zero having to be in the same room at the same time.
So Zero: the natural or legal person who offers products to consumers at a distance.
Article 2 - Identity of Zo Zero
So Zero
A general partnership established in Amsterdam
Email address: hallo@zozero.nl
VAT identification number: NL859596321
Article 3 - Applicability
1. These general terms and conditions apply to every offer from Zo Zero and to every distance contract concluded between Zo Zero and the consumer.2. Before the distance contract is concluded, 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 it on a durable data carrier.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated 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 properly assess the offer. If Zo Zero uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind Zo Zero.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, Zo Zero will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Zo Zero, the consumer can dissolve the agreement.
3.Zo Zero takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. Zo Zero will also take appropriate security measures with regard to electronic payments.
4. Zo Zero may, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If Zo Zero has good reasons not to enter into the contract on the basis of this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Zo Zero will send the following information to the consumer at the latest upon delivery of the product, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the contact details of Zo Zero where consumers can go with complaints
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
- information about guarantees and existing after-sales service.
- the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract.
- if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 - Right of withdrawal
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. Zo Zero may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Zo Zero may, provided that it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part.
- in the case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
3. If Zo Zero has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
4. If Zo Zero has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and its packaging with care.He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if Zo Zero has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall report this to Zo Zero within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Zo Zero. This is not necessary if Zo Zero has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Zo Zero.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If Zo Zero has not reported that the consumer must bear these costs or if Zo Zero indicates that it will bear the costs itself, the consumer does not have to bear the costs of return.
Article 9 - Obligations of Zo Zero in case of revocation
1. After receiving the notification of withdrawal from the consumer, Zo Zero will immediately send an electronic confirmation of receipt.2. Zo Zero will reimburse all payments made by the consumer, including any delivery costs charged by Zo Zero for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Zo Zero offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
3. Zo Zero uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Zo Zero does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
Zo Zero may exclude the following products from the right of withdrawal, but only if Zo Zero has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
1. Products manufactured to consumer specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person.
2. Products that spoil quickly or have a limited shelf life.
3.Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
4. Products which, after delivery, are irreversibly mixed with other products due to their nature.
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
3. The prices stated in the product range include VAT.
Article 12 - Compliance and additional warranty
1. Zo Zero guarantees that the products 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 the agreement was concluded. If agreed, Zo Zero also guarantees that the product is suitable for other than normal use.2. An additional guarantee provided by Zo Zero, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against Zo Zero under the agreement if Zo Zero has failed to fulfil its part of the agreement.
3. An additional guarantee is understood to mean any obligation of Zo Zero, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.
Article 13 - Delivery and execution
1. Zo Zero will exercise the utmost care when receiving and executing orders for products.2. The place of delivery is the address that the consumer has made known to Zo Zero.
3. Taking into account what is stated in article 4 of these general terms and conditions, Zo Zero will execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Zo Zero will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Zo Zero until the moment of delivery to the consumer or a previously designated representative made known to Zo Zero, unless expressly agreed otherwise.
Article 14 - Payment
1. Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%.If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order in question before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to Zo Zero without delay.
4. If the consumer does not meet his payment obligation(s) on time, after Zo Zero has informed him of the late payment and Zo Zero has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the amount still owed and Zo Zero will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: - 15% on outstanding amounts up to € 2,500
- 10% on the next €2,500 and
- 5% on the next €5,000 with a minimum of €40.
Zo Zero may deviate from the stated amounts and percentages to the benefit of the consumer.
Article 15 - Complaints procedure
1. Zo Zero has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.2. Complaints about the performance of the agreement must be submitted to Zo Zero fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Zo Zero will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Zo Zero will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give Zo Zero at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution.
Article 16 - Disputes
1. Agreements between Zo Zero and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.2. All disputes between the parties will be submitted exclusively to the competent disputes committee or the court in the Netherlands.
Article 17 - Additional or deviating provisions
Additional or deviating provisions 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.