General Terms and Conditions
General terms and conditions ZZZZAP https://zzzzap.nl
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 right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following definitions apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
Read all about reflection time.
2. Consumer: the natural person who does not act in the exercise of a profession or business and a
enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract regarding a series of products and/or
services, the delivery and/or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to:
store information addressed to him personally in a way that allows future consultation
and allows unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the withdrawal within the cooling-off period
distance contract;
7. Model form: the model form for withdrawal that the entrepreneur makes available
consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely
offers to consumers;
9. Distance contract: an agreement whereby in the context of a contract established by the entrepreneur
organized system for distance selling of products and/or services, up to and including closing
of the agreement, one or more techniques are exclusively used for this purpose
remote communication;
10. Remote communication technique: means that can be used to conclude a
agreement, without the consumer and entrepreneur being in the same room at the same time
came together.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
ZZZZAP
E [email protected]
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every offer
distance contract and orders concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be published
conditions made available to the consumer. If this is not reasonably possible,
before the distance contract is concluded, it is indicated that the general
conditions can be viewed with the entrepreneur and they will be made available as soon as possible at the request of the consumer
will be sent free of charge.
3. If the distance contract is concluded electronically, this may deviate from the previous paragraph
and before the distance contract is concluded, the text of these general terms and conditions
be made available to the consumer electronically in such a way that
this can be easily stored by the consumer in a sustainable manner
data carrier. If this is not reasonably possible, the distance contract will be concluded
is closed, the general terms and conditions will be indicated electronically
can be inspected and that they can be made available electronically or on request at the request of the consumer
will be sent free of charge in any other way.
4. In the event that, in addition to these general terms and conditions, specific product or
service conditions apply, the second and third paragraphs are corresponding
apply and the consumer can always opt out in the event of conflicting general terms and conditions
rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions at any time in whole or in part
are partially void or annulled, then the agreement and these conditions remain valid
remaining in force and the relevant provision will be replaced without delay by mutual agreement
by a provision that approximates the scope of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'according to
the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions,
must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be stated
expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or products offered
services. The description is sufficiently detailed to allow a good assessment of the offer
enable the consumer. If the entrepreneur uses images, these are one
true representation of the products and/or services offered. Obvious mistakes
or apparent errors in the offer do not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot be used as a basis
to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered.
The entrepreneur cannot guarantee that the colors shown correspond exactly to the real ones
colors of the products. 6. Each offer contains such information that is clear to the consumer
is what the rights and obligations are that are associated with the acceptance of the offer. This
concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this; It
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 pays the price
guarantees;
the amount of the rate for distance communication if the costs of using the
technology for
distance communications are calculated on a different basis than the regular basic rate
for it
means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it will be archived
consumer can be consulted;
the way in which the consumer, before concluding the agreement, determines the information he has entered into in the context
can check data provided under the agreement and, if desired, restore it;
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; and
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of
acceptance by the consumer of the offer and compliance with the associated conditions
conditions.
2. If the consumer has accepted the offer electronically, the
entrepreneur shall immediately receive electronically the acceptance of the offer.
As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the
consumer terminates the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to secure the electronic transfer of data and ensures
for a safe web environment. If the consumer can pay electronically, the entrepreneur will
to observe appropriate safety measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer is interested
can meet payment obligations, as well as all those facts and factors that are important for a
responsibly entering into the distance contract. If the entrepreneur on the basis of this
investigation has good reasons not to enter into the agreement, he is entitled to give reasons
to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing with the product or service
or in such a way that it can be accessed by the consumer
stored on a durable data carrier, include:
the visiting address of the entrepreneur's branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can use the right of withdrawal
or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur does not
has already provided data to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of longer
than one year or of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first
delivery. 7. Every agreement is entered into under the suspensive conditions of
sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to terminate the agreement without
giving reasons to cancel within 14 days. This reflection period starts the day after
receipt of the product by the consumer or a person designated in advance by the consumer
the entrepreneur's appointed representative.
2. During the reflection period, the consumer will handle the product and packaging with care. Bee
If the seal is broken, your order is final and cannot be returned
become. If the consumer exercises his right of withdrawal, he will return the product with all
supplied accessories and – if reasonably possible – in the original condition and packaging to the
entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur
instructions.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to do so within
To be made known to the entrepreneur 14 days after receipt of the product. Make it known
the consumer must do this using the model form or through someone else
means of communication such as e-mail. After the consumer has indicated that he wishes to use it
To exercise his right of withdrawal, the customer must return the product within 14 days. The
The consumer must prove that the delivered goods have been returned on time, for example by
by means of proof of shipment.
4. If the customer has not made this known after the expiry of the periods referred to in paragraphs 2 and 3
want to use
exercising his right of withdrawal resp. has not returned the product to the entrepreneur
the purchase became a fact.
5. We do not ship to Forwarding Addresses. If you still use a Forwarding Address,
then there is a chance that your package will be cancelled. Has your package been lost at a Forwarding Address?
then we cannot help you.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the maximum costs will be:
return shipping at his expense.
2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible.
but no later than within 14 days after cancellation. The condition here is that
product has already been received back by the online retailer or conclusive proof of complete return
can be discussed. Refund will be made via the same payment method used by the
consumer has been used unless the consumer expressly consents to another
payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the
consumer liable for any reduction in value of the product.
4. The consumer cannot be held liable for any reduction in value of the product
when the entrepreneur does not provide all legally required information about the right of withdrawal
provided, this must be done before concluding the purchase agreement.
Article 8 – Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products such as
described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur
has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or age quickly;
the price of which is dependent on fluctuations in the financial market in which the entrepreneur
has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has the seal
to farm; for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant business or leisure activities to be carried out in a specific area
date or during a certain period; the delivery of which commenced with the express consent of the consumer before the
reflection period has expired; concerning betting and lotteries.
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products offered are:
products and/or services will not be increased, except for price changes as a result of changes in
VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can provide products or services whose prices
are subject to fluctuations in the financial market and over which the entrepreneur has no influence
has, offering variable prices. This bondage to fluctuations and the fact that
Any prices stated are target prices and will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only
permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which
the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. For the consequences of pressure – and
No liability is accepted for typographical errors. The entrepreneur is not affected by printing and typographical errors
obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the
specifications stated in the offer, meet the reasonable requirements of reliability and/or usability
and the legal provisions existing on the date of the conclusion of the agreement
and/or government regulations. If agreed, the entrepreneur also guarantees that:
product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal guarantee
rights and claims that the consumer has against the entrepreneur under the agreement
can assert.
3. Any defects or incorrectly delivered products must be reported to us within 2 months of delivery
entrepreneur must be reported in writing. Returns of the products must be made in the
original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The
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.
5. The warranty does not apply if:
the consumer has repaired and/or edited the delivered products himself or has had them repaired by third parties
repair and/or edit;
the delivered products have been exposed to abnormal conditions or otherwise careless
are treated or are contrary to the instructions of the entrepreneur and/or on the packaging
have been treated;
the defect is wholly or partly the result of government regulations
has been or will be made with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving
and in the execution of orders for products and in the assessment of applications for extensions
of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will:
Execute accepted orders expeditiously, but no later than within 30 days, unless
consumer has agreed to a longer delivery period. If delivery is delayed
experience, or if an order cannot be executed or can only be partially executed
notify the consumer of this no later than 30 days after he has placed the order. The consumer
in that case has the right to terminate the agreement without costs. The consumer has
no right to compensation.
4. All delivery times are indicative. The consumer cannot meet any stated deadlines
derive rights. Exceeding a term does not give the consumer any rights
compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount
consumer has paid as soon as possible, but no later than 14 days after termination,
refund.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort
to make a replacement item available. It will be clearly stated no later than upon delivery
will be communicated in an understandable manner that a replacement item will be delivered. When replacing
articles, the right of withdrawal cannot be excluded. The costs of any
Return shipping will be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until
time of delivery to the consumer or a pre-designated and known to the entrepreneur
representative, unless expressly agreed otherwise.
1. Unless otherwise agreed, the amounts owed by the consumer
must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph
1. In the case of an agreement to provide a service, this period commences after the
consumer has received confirmation of the agreement.
2. The consumer has the obligation to report inaccuracies in payment details provided or stated immediately
to be reported to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory provisions
limitations, the right to charge the reasonable costs made known to the consumer in advance
to be taken into account.
Article 12 – Duration transactions:
duration, termination and extension
Termination
1. The consumer can enter into an agreement that has been entered into for an indefinite period and extends to:
regular delivery of products (including electricity) or services, at all times
cancel in accordance with agreed cancellation rules and a notice period
of a maximum of one month.
2. The consumer can enter into an agreement that has been entered into for a specific period and that extends to:
regular delivery of products (including electricity) or services, at all times against
cancel at the end of the fixed term, taking into account what has been agreed
cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs:
can cancel at any time and not be limited to canceling at a specific time or in a
certain period;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has agreed for himself.
Extension
1. An agreement that has been entered into for a definite period and that extends to the regular delivery of
products (including electricity) or services, may not be tacitly extended or
renewed for a certain duration.
2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that
extends to the regular delivery of daily news and weekly newspapers and magazines
extended for a specific period of up to three months, if the consumer extended it
can terminate the agreement at the end of the extension with a notice period of ten
maximum one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of
products or services, may only be tacitly extended for an indefinite period if the
consumer may cancel at any time with a notice period of no more than one month and one month
notice period of a maximum of three months in case the agreement extends to the regular, but
less than once a month, delivering daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily,
news and weeklies and magazines (trial or introductory subscription) is not tacit
continued and ends automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may cancel the contract after one year
Cancel the agreement at any time with a notice period of no more than one month, unless the
reasonableness and fairness are against cancellation before the end of the agreed duration
to postpone.
Article 13 – Payment
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles it
the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be complete and clear within 2 months
described are submitted to the entrepreneur after the consumer has discovered the defects
observed.
3. Complaints submitted to the entrepreneur will be processed within a period of 14 days
the date of receipt. If a complaint requires a foreseeably longer processing time,
The entrepreneur will respond within 14 days with a message from
receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that can be resolved
for dispute settlement.
5. In case of complaints, a consumer must first contact the entrepreneur. It is also
possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
The webshop is currently not affiliated with a quality mark with a dispute committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur is in writing
indicates otherwise.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will contact her
choice whether to replace or repair the delivered products free of charge.
Article 15 – Disputes
1. On agreements between the entrepreneur and the consumer on which these general terms and conditions
relate, only Dutch law applies. Even if the consumer
lives abroad. 2. The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be detrimental
of the consumer and must be recorded in writing or in such a way that this
can be stored by the consumer in an accessible manner in a sustainable manner
data carrier.