Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off Period: the period during which the consumer can exercise their right of withdrawal; Read all about the cooling-off period.

• Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and enters into a distance contract with the trader;

• Day: calendar day

• Long-term Transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchasing obligation of which is spread over time;

• Durable Medium: any tool that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

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

• Model Withdrawal Form: the model withdrawal form that the entrepreneur provides that a consumer can fill out when they want to exercise their right of withdrawal.

• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

• Distance Contract: a contract concluded within the framework of an organized system for the distance sale of products and/or services by the entrepreneur, up to and including the conclusion of the contract, making exclusive use of one or more means of distance communication;

• Means of Distance Communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space.

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

Article 2 - Identity of the Entrepreneur

Zavzu
Goudreinette 9
6922AE Duiven

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably impossible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's place of business and they will be sent to the consumer free of charge upon request as soon as possible.

If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement 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 reasonably impossible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.

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 declared void in whole or in part at any time, the agreement and these conditions will remain in force for the remainder, and the relevant provision will be replaced by a provision that closely approximates the original intention in mutual consultation as soon as possible.

Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns, in particular:

• the price including taxes;

• the possible shipping costs;

• the manner in which the agreement will be concluded and what actions are required for that purpose;

• whether or not the right of withdrawal applies;

• the method of payment, delivery, and execution of the agreement;

• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

• the amount of the rate for communication at a distance if the costs of using the communication technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used;

• whether the agreement is archived after its conclusion, and if so, how it is accessible to the consumer;

• any other languages in which, in addition to Dutch, the agreement can be concluded;

• the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically;

• the minimum duration of the distance contract in the case of a durable transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

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 entrepreneur has not confirmed this acceptance, 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 transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.

Within the framework of the law, the entrepreneur may 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 contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to its execution.

The entrepreneur shall include the following information with the product or service provided 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 exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

• information about warranties and existing post-purchase service;

• the information referred to in Article 4 paragraph 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 termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a durable transaction, the provision in the preceding paragraph shall only apply to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of Withdrawal

In the case of the provision of services, the consumer has the option to terminate the agreement without giving any reasons for at least 14 days, starting from the day of entering into the agreement.

To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the maximum cost of return shall be borne by him.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or conclusive evidence of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer expressly consents to another payment method.

In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.

The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

• for which delivery has commenced with the express consent of the consumer before the cooling-off period has expired;

Article 9 - The price

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

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they are the result of statutory regulations or provisions; or

• the consumer has the authority to terminate the agreement on the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing 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 mentioned in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. 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 does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.

Article 11 - Delivery and execution

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

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

Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 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 will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

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

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination, and extension

Termination

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

The consumer can terminate an agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services at any time by the end of the defined period, subject to agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

• at any time and shall not be limited to termination at a specific time or during a specific period;

• terminate in the same manner as they were entered into by him;

• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specific duration.

Notwithstanding the previous paragraph, an agreement concluded for a definite period and which aims at the regular delivery of day, news, and weekly newspapers and magazines may be tacitly renewed for a specific 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 no more than one month.

An agreement concluded for a definite period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement concerns the regular, but less than once a month, delivery of day, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end upon expiry 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 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 start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the obligation to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.

In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints Procedure

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

Complaints about the performance 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 of when the consumer can expect a more detailed answer.

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

In case of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution can be reached, the consumer has the option to submit the dispute to the independent dispute committee appointed by Stichting WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.