GENERAL TERMS AND CONDITIONS
ARTICLE 1 - Definitions 1
ARTICLE 2 - Identity of the Entrepreneur 2
ARTICLE 3 - Applicability 2
ARTICLE 4 - The offer 3
ARTICLE 5 - The agreement 4
ARTICLE 6 - Right of withdrawal 4
ARTICLE 7 - Costs in case of withdrawal 5
ARTICLE 8 - Exclusion of the right of withdrawal 5
ARTICLE 9 - The price 5
ARTICLE 10 - Conformity and Warranty 6
ARTICLE 11 - Delivery and execution 6
ARTICLE 12 - Duration transactions 7
ARTICLE 13 - Payment 7
ARTICLE 14 - Complaints procedure 7
ARTICLE 1 -Definitions
In these terms and conditions, the following terms shall have the following meanings:
Entrepreneur: the natural or legal person who offers products and/or services to consumers by distance contract;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract an agreement whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and the trader being together in the same place at the same time;
Reflection period The period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Day: calendar day;
Continuing performance contract : a distance contract concerning a series of products and/or services, of which the obligation to supply and/or purchase is spread over time;
Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
ARTICLE 2 - Identity of the entrepreneur
Industrieweg 40, Unit 4B
3401 MA IJsselstein
E-mail address: info@Zenseous.com
Chamber of Commerce number: 30286231
VAT identification number: NL 30286231
If the Entrepreneur's activity is subject to a relevant licensing regime: the details of the supervising authority;
If the Entrepreneur practises a regulated profession:
- the professional association or organisation of which he is a member;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules can be accessed.
ARTICLE 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the remote agreement 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 that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, 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, at his request, either electronically or in some other way.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
ARTICLE 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. The Designer Vintage category is also excluded from all discount offers.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the way in which the agreement will be brought about and which actions are necessary for that;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery or performance of the agreement;
- the period for accepting the offer, or the period for adhering to the price;
- the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic tariff;
- if the contract is archived after its conclusion, in what way it can be consulted by the consumer;
- the way the consumer can become aware of unintentional actions before the conclusion of the contract, as well as the way he can rectify these actions before the contract is concluded;
- any languages other than Dutch in which the contract can be concluded
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the event of a contract that involves the continuous or periodic supply of products or services.
ARTICLE 5 - The agreement
- The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
- The entrepreneur can - within legal frameworks - inform himself of the ability of the consumer to meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur's business establishment where the Consumer may get into contact for any complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear notification about being exempted from the right of withdrawal;
c. the information on existing after-sales services and guarantees;
d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or is indefinite.
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 7 days. This period commences on the day following receipt of the product by or on behalf of the consumer.
- During this period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
In case of provision of services:
- When providing services, the consumer has the possibility of dissolving the contract, without giving reasons, during at least 7 days, starting on the day of entering into the contract.
- To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
ARTICLE 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of dispatch and return.
- If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 14 working days after the return or withdrawal * Due to COVID-19 it may take a little longer than this.
ARTICLE 8 - Exclusion of the right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been realised by the entrepreneur according to the specifications of the consumer;
- which are clearly personal in nature;
- which cannot be returned due to their nature;
- which may deteriorate or age rapidly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- Items with a markdown higher than 20% do not have a right of withdrawal due to the size of the discount.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
- of which the delivery has started with the express consent of the consumer before the period for reflection has expired;
- on betting and lotteries.
ARTICLE 9 - The price
- During the validity period mentioned 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.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory 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. they are the result of statutory regulations or provisions; or
b. the consumer has the power to terminate the agreement on the day the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - Conformity and Warranty
- The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded.
- An arrangement offered as a guarantee by the trader, manufacturer or importer shall not affect the rights and claims the consumer may exercise against the trader in respect of a shortcoming in the fulfilment of the trader's obligations based on the law and/or the distance contract.
ARTICLE 11 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
- The place of delivery is the address which the consumer has made known to the company.
- Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than 30 days, unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The costs of return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless explicitly agreed otherwise.
ARTICLE 12 -Long-term transactions
- The consumer can terminate an agreement that has been entered into for an indefinite period of time at all times, subject to the agreed termination rules and a period of notice that does not exceed one month.
- An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that the distance contract shall be extended in the event of silence on the part of the consumer, the contract shall be continued as a contract for an indefinite period of time and the period of notice after continuation of the contract shall be a maximum of one month.
ARTICLE 13 -Payment
- As far as no other date has been agreed, sums payable by the consumer should be paid in advance or, if another option has been offered, within 7 calendar days of the goods being delivered or, in the case of a contract to provide a service, within 7 days of the documents relating to this contract being issued.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
- In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.
ARTICLE 14 -Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
- Complaints submitted to the trader will be answered within a period of 7 calendar days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 7 calendar days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
- The entrepreneur will not be able to handle complaints after a product has been used. We the warranty lapses when an item is used in fairness.
Zenseous cares about your privacy. We therefore only process data that we need for (the improvement of) our services and we are careful with the information that we have collected about you and your use of our services. We never make your details available to third parties for commercial purposes.
You have the right to modify any personal information on the 'My account' page. In case of questions concerning the rectification and/or deletion of your personal data, please contact us at firstname.lastname@example.org. We will then rectify your request.