Terms and conditions

TERMS AND CONDITIONS

Note: No rights can be derived from these general terms and conditions. Consult a legal professional if you have doubts about their content.

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - Conclusion of the agreement

Article 6 - Execution of the agreement

Article 7 - Delivery

Article 7A - Packaging and transport

Article 8 - Inspection, complaints

Article 9 - Prices

Article 10 - Payment and collection policy

Article 11 - Warranty

Article 12 - Suspension and dissolution

Article 13 - Limitation and liability

Article 14 - Transfer of risk

Article 15 - Force majeure

Article 16 - Intellectual property rights

Article 17 - Privacy, data processing, and security

Article 18 - Complaints

Article 19 - Applicable law

Article 1 - Definitions

In these general terms and conditions, the following terms are used in the following meaning unless explicitly stated otherwise.

"nl" is a website of ZA-ZU.

Consumer: A natural person who (does not) act in the exercise of his profession or business.

Buyer: The Consumer who enters into an agreement (remotely) with the Seller.

Company: The natural or legal person acting in the exercise of a profession or business.

Offer: Any written offer to the Buyer to supply Products by ZA-ZU.

Products: The products offered by ZA-ZU are hobby articles.

Agreement: The (remote) purchase agreement that concerns the sale and delivery of products purchased by the Buyer from ZA-ZU.

Website: The website used by ZA-ZU is https://za-zu.eu/

Article 2 - Identity of the entrepreneur

za-zu.eu, part of ZA-ZU

Located at: PrinsesMargrietstraat 10a

Email address: contact@za-zu.eu

Chamber of Commerce number: 87454882

VAT identification number: On request

Article 3 - Applicability

These general terms and conditions apply to any offer from ZA-ZU and any agreement between ZA-ZU and a Buyer and to every product offered by ZA-ZU. These conditions also apply to all agreements with ZA-ZU, for the performance of which third parties must be involved.

Before a (remote) agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, ZA-ZU will indicate to the Buyer how the general terms and conditions can be viewed, which are in any case published on the website(s) of ZA-ZU, so that the Buyer can easily save these general terms and conditions on a durable data carrier.

Deviation from these general terms and conditions is not possible in principle. The applicability of any (other) general or (purchase) conditions of the Buyer is expressly rejected. Only the general terms and conditions of ZA-ZU apply to all assignments agreed with ZA-ZU. In exceptional situations, deviations from the general terms and conditions can be agreed upon explicitly and in writing with ZA-ZU.

These general terms and conditions also apply to additional, modified, and follow-up agreements with the Buyer.

If one or more provisions of these general terms and conditions are (partly or wholly) null and void or are annulled, the other provisions of these general terms and conditions will remain in force, and the null and void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.

Ambiguities about the content, interpretation, or situations not regulated in these general terms and conditions are to be judged and explained according to the spirit of these general terms and conditions.

Article 4 - The Offer

All offers made by ZA-ZU are without obligation unless expressly stated otherwise in writing. If the offer is limited or subject to specific conditions, this will be expressly stated in the offer. An offer is only considered a quotation if it is documented in writing.

Quotations made by ZA-ZU are without obligation. ZA-ZU is only bound by the quotation if the acceptance thereof by the Buyer is confirmed in writing within 30 days, or if ZA-ZU sends an invoice based on what the Buyer has taken and is documented in writing on the spot. Nevertheless, ZA-ZU has the right to refuse an agreement with a potential Buyer for a justified reason.

The offer includes a complete and accurate description of the offered product. The description is detailed enough for the Buyer to make a proper assessment of the offer. Obvious mistakes or errors in the offer do not bind ZA-ZU. The images and specific information in the offer are only indicative and cannot be a basis for any damages or the dissolution of the (remote) agreement. ZA-ZU cannot guarantee that the colors displayed exactly match the real colors of the products.

Article 5 - Conclusion of the Agreement

An agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the Buyer of the offer and the fulfillment of the conditions set. If the Buyer has accepted the offer electronically, ZA-ZU will immediately confirm the receipt of the acceptance of the offer electronically.

If the agreement is created electronically, ZA-ZU will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Buyer can pay electronically, ZA-ZU will take appropriate security measures.

ZA-ZU can notify or check within the legal frameworks whether the Buyer can meet his payment obligations, and also all those facts and factors that are important for a responsible conclusion of the distance agreement. If ZA-ZU, based on this investigation, has sound reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

ZA-ZU will send the Buyer the following information, in writing or in such a way that it can be stored by the Buyer in an accessible manner on a durable medium, along with the product:

a. the visiting address of the establishment of ZA-ZU where the Buyer can go with complaints; b. the conditions under which and the manner in which the Buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the data included in Article 4 paragraph 3 of these conditions unless ZA-ZU has already provided this information to the Buyer before the execution of the agreement; e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In case of an extended transaction, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 - Execution of the Agreement

ZA-ZU will take the greatest possible care when receiving and implementing orders for Products.

The place of delivery is the address that the Buyer has made known to ZA-ZU.

With due observance of what is stated in Article 4 of these general terms and conditions, ZA-ZU will execute accepted orders with convenient speed, though at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Buyer will be notified of this no later than 30 days after he has placed the order. In that case, the Buyer has the right to terminate the agreement without costs.

After dissolution in accordance with the previous paragraph, ZA-ZU will immediately repay the amount that the Buyer has paid.

The risk of damage and/or loss of products rests upon ZA-ZU up to the moment of delivery to the Buyer or a pre-designated and an announced representative to ZA-ZU, unless expressly agreed otherwise.

ZA-ZU is entitled to engage third parties in the execution of the obligations arising from the agreement.

The buyer is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the time they are made available to him in accordance with the agreement.

If the Buyer refuses the purchase or is negligent in providing information or instructions necessary for delivery, the products intended for delivery will be stored at the risk of the Buyer after ZA-ZU has informed him. The Buyer will owe all additional costs in that case.

Article 7 - Delivery

Delivery takes place while stocks last.

Orders are delivered as quickly as possible. In principle, ZA-ZU strives to deliver within 3 to 5 business days after receiving the payment.

Delivery takes place at the place and time when the Products are ready for shipment to the Buyer. If the Products are offered electronically, the delivery will take place by making the Products electronically available to the Buyer. If the Buyer has chosen a physical storage medium for the delivery of information, this will be delivered by regular mail or courier to the specified delivery address.

ZA-ZU will execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, the Buyer will be notified of this no later than 30 days after he has placed the order. In that case, the Buyer has the right to terminate the agreement without costs.

After dissolution in accordance with the previous paragraph, ZA-ZU will immediately repay the amount that the Buyer has paid.

The risk of damage and/or loss of products rests upon ZA-ZU up to the moment of delivery to the Buyer or a pre-designated and an announced representative to ZA-ZU, unless expressly agreed otherwise.

ZA-ZU is entitled to engage third parties in the execution of the obligations arising from the agreement.

The buyer is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the time they are made available to him in accordance with the agreement.

Article 7A - Packaging and transport

ZA-ZU will take the greatest possible care when receiving and implementing orders for Products.

The place of delivery is the address that the Buyer has made known to ZA-ZU.

After dissolution in accordance with the previous paragraph, ZA-ZU will immediately repay the amount that the Buyer has paid.

The risk of damage and/or loss of products rests upon ZA-ZU up to the moment of delivery to the Buyer or a pre-designated and an announced representative to ZA-ZU, unless expressly agreed otherwise.

ZA-ZU is entitled to engage third parties in the execution of the obligations arising from the agreement.

The buyer is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the time they are made available to him in accordance with the agreement.

Article 8 - Inspection, complaints

The Buyer is obliged to examine the delivered Products at the moment of delivery but in any case within as short a period as possible. In this respect, the Buyer must examine whether the quality and quantity of the delivered Products correspond with what has been agreed upon, or at least meet the requirements that apply in normal (commercial) transactions.

Visible defects must be reported to ZA-ZU in writing within 14 days of delivery.

Non-visible defects must be reported to ZA-ZU in writing immediately, but no later than 14 days after discovery.

The notification must contain as detailed a description of the defect as possible so that ZA-ZU is able to respond adequately.

The Buyer must give ZA-ZU the opportunity to investigate a complaint or have it investigated.

If the Buyer returns a product without prior written permission from ZA-ZU, ZA-ZU is entitled to refuse the product and send it back to the Buyer at the expense of the Buyer, unless ZA-ZU indicates otherwise.

If it is established that a complaint is unfounded, all costs incurred by ZA-ZU as a result, including the investigation costs, will be borne in full by the Buyer.

Article 9 - Prices

During the period mentioned in the offer, the prices of the offered products do not increase, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, ZA-ZU can offer variable prices for Products that are subject to fluctuations in the financial market and over which ZA-ZU has no influence. This bondage to fluctuations and the fact that any stated prices are target prices will be mentioned with 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 ZA-ZU has stipulated this and:

a. they are the result of statutory regulations or provisions; or b. the Buyer has the authority to terminate the agreement on the day the price increase takes effect.

All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.

All prices on the site are in euros and include 21% VAT.

Article 10 - Payment and collection policy

ZA-ZU uses a payment system with the following payment methods: iDeal.

The payment period is 14 days from the date of invoice unless otherwise agreed in writing.

If the Buyer exceeds the payment term, ZA-ZU will send a reminder to the Buyer. If the Buyer does not pay within the term of the reminder, the Buyer is legally in default.

From the moment of default, the Buyer owes interest on the outstanding amount of 1% per month unless the statutory interest rate is higher, in which case the statutory interest rate applies. The interest on the claimable amount will be calculated from the moment that the Buyer is in default until the moment of payment of the full amount.

In case of liquidation, bankruptcy, seizure, or suspension of payment of the Buyer, the claims of ZA-ZU on the Buyer are immediately due and payable.

ZA-ZU has the right to deduct the payments made by the Buyer from the costs first, then the interest that has fallen due and finally the principal sum and the current interest. ZA-ZU can, without being in default, refuse an offer for payment if the Buyer designates a different sequence for the allocation of the payment. ZA-ZU can refuse full payment of the principal sum if the outstanding and current interest as well as the costs are not paid simultaneously.

ZA-ZU also has the right to charge the extrajudicial collection costs incurred by the Buyer. These collection costs amount to a maximum of 15% on outstanding amounts up to €2,500, 10% on the following €2,500, and 5% on the next €5,000 with a minimum of €40. ZA-ZU may deviate from the aforementioned amounts and percentages in favor of the Buyer.

Article 11 - Warranty

ZA-ZU guarantees that the products comply with the agreement, the specifications stated in the offer, 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, ZA-ZU also guarantees that the product is suitable for other than normal use.

A warranty provided by ZA-ZU, manufacturer, or importer does not affect the legal rights and claims that the Buyer, as a consumer, can assert against ZA-ZU under the agreement.

Any defects or wrongly delivered products must be reported to ZA-ZU in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.

The warranty does not apply if:

a. the Buyer has repaired and/or edited the delivered products himself or had them repaired and/or edited by third parties;

b. the delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or are contrary to the instructions of ZA-ZU and/or have been treated on the packaging;

c. the inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 12 - Suspension and dissolution

ZA-ZU is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if:

a. the Buyer does not or does not fully fulfill the obligations under the agreement;

b. after the conclusion of the agreement, ZA-ZU becomes aware of circumstances that give good reason to fear that the Buyer will not fulfill his obligations. If good reason exists to fear that the Buyer will only partially or improperly fulfill his obligations, the suspension is only permitted insofar as the shortcoming justifies it;

c. the Buyer was requested to provide security for the fulfillment of his obligations under the agreement at the conclusion of the agreement and this security is not provided or is insufficient.

In addition, ZA-ZU is authorized to dissolve the agreement (have) dissolved if circumstances arise which are of such nature that fulfillment of the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise which are of such nature that the unaltered maintenance of the agreement cannot reasonably be expected.

If the agreement is dissolved, the claims of ZA-ZU on the Buyer are immediately due and payable. If ZA-ZU suspends the fulfillment of the obligations, it retains its claims under the law and the agreement.

ZA-ZU always reserves the right to claim damages.

Article 13 - Limitation and liability

If ZA-ZU is liable, this liability is limited to what is regulated in this provision.

ZA-ZU is not liable for damage of any kind arising because ZA-ZU has assumed incorrect and/or incomplete information provided by or on behalf of the Buyer.

If ZA-ZU is liable for any damage, the liability of ZA-ZU is limited to the invoice amount, or at least to that part of the agreement to which the liability relates.

ZA-ZU is only liable for direct damage.

Direct damage is exclusively understood to mean:

a. the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;

b. any reasonable costs incurred to have ZA-ZU's defective performance comply with the agreement unless this defective performance cannot be attributed to ZA-ZU;

c. reasonable costs incurred to prevent or limit damage, insofar as the Buyer demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.

ZA-ZU is never liable for indirect damage, including consequential damage, loss of profit, missed savings, and damage due to business interruption.

The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence of ZA-ZU or his subordinates.

Article 14 - Transfer of risk

The risk of loss or damage to the products that are the subject of the agreement passes to the Buyer at the moment when they are legally and/or factually delivered to the Buyer and thus delivered to the control of the Buyer or to a third party to be designated by the Buyer.

Article 15 - Force majeure

Parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of force majeure.

Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk.

Delays or non-compliance by our suppliers, disruptions in the Internet, disruptions in the electricity, disruptions in e-mail traffic, disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers, and/or manufacturers of ZA-ZU as well as auxiliary persons, illness of personnel, defects in aid or transport means count explicitly as force majeure.

In the event of force majeure, ZA-ZU reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. In no event is ZA-ZU obliged to pay any fine or compensation.

If at the time of the occurrence of force majeure ZA-ZU has already partially fulfilled its obligations or can only partially fulfill its obligations, it is entitled to separately invoice the already delivered or deliverable part, and the Buyer is obliged to pay this invoice as if it concerned a separate agreement.

Article 16 - Intellectual property rights

The Buyer must fully and unconditionally respect all intellectual and industrial property rights that rest on the Products delivered by ZA-ZU.

ZA-ZU does not guarantee that the delivered Products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 17 - Privacy, data processing, and security

ZA-ZU will take appropriate technical and organizational measures to protect the personal information of the Buyer. For more information, the Buyer can consult the privacy statement on the website of ZA-ZU.

Article 18 - Complaints

ZA-ZU has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be fully and clearly described and submitted to ZA-ZU within 7 days after the Buyer has discovered the defects.

The complaints submitted to ZA-ZU will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, ZA-ZU will reply within the period of 14 days with a notice of receipt and an indication when the Buyer can expect a more detailed answer.

Article 19 - Applicable law

Dutch law applies to all legal relationships between the Buyer and ZA-ZU, whereof these general terms and conditions are part.

The Dutch court in the district where ZA-ZU is established is exclusively authorized to take cognizance of disputes, unless the law prescribes otherwise.

Notwithstanding the previous paragraph, ZA-ZU may choose a different court with jurisdiction according to the law.

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