Terms and conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuous performance contract: an agreement that entails the regular delivery of goods, services and/or digital content over a specified period;
  7. Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation or use during a period tailored to the purpose for which the information is intended, and that permits the unaltered reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distant communication;
  11. Means of distant communication: a means that can be used for concluding a contract without the consumer and entrepreneur having to be simultaneously present in the same room.

 

Article 2 – Identity of the entrepreneur

Ziloen B.V.
Industrieweg 15
6662 PA Elst;
Email address: info@ziloen.nl;
Chamber of Commerce number: 82031312;
VAT identification number: NL862311901B01

 

Article 3 – Applicability

  1. 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.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.

 

Article 4 – The offer

  1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

 

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
  2. 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
  5. The entrepreneur will send the following information to the consumer, at the latest upon delivery of the product, 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 office address of the entrepreneur's establishment where the consumer can file 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;
    • the existing after-sales service;
    • the price including all taxes of the product; if applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    • if the consumer has a right of withdrawal, the return form.

 

Article 6 – Right of withdrawal

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of a maximum of 14 days, stating the reason(s). The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
  2. The cooling-off period mentioned 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. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer about this prior to the ordering process.
    • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
    • in contracts for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

 

Article 7 – Consumer’s obligations 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 establish its nature, characteristics and functioning. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for any diminished value of the product resulting from handling 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 the entrepreneur 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 associated costs

  1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the return form or another unequivocal method.
  2. The consumer must return the product within 14 days, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
  3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  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 bears the direct costs of returning the product.
  6. If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

  1. The entrepreneur will reimburse all payments made by the consumer, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  2. The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

 

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

  1. Service agreements, after full performance of the service, but only if:
    • the performance has begun with the consumer's express prior consent; and
    • the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
  2. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
  3. Products that spoil quickly or have a limited shelf life.
  4. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  5. Products that are irrevocably mixed with other products after delivery due to their nature;
  6. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  7. The delivery of digital content not supplied on a tangible medium, but only if:
    • the performance has begun with the consumer's express prior consent; and
    • the consumer has declared that by doing so he loses his right of withdrawal.

 

Article 11 – The price

  1. The prices stated in the offer for products or services include VAT.

 

Article 12 – Performance of the agreement and additional guarantee

  1. The entrepreneur guarantees that the products and/or services 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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. Additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer that grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

 

Article 13 – Delivery and execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs, without the right to compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known to the entrepreneur representative, unless explicitly agreed otherwise.

 

Article 14 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid during the conclusion of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
  3. If the consumer does not meet their payment obligation(s) on time, after being notified by the entrepreneur of the late payment and given a period of 14 days by the entrepreneur to still meet their payment obligations, and payment is still not made within this 14-day period, the consumer owes the statutory interest on the outstanding amount and the entrepreneur is 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. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

 

Article 15 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is subject to the dispute resolution procedure.

 

Article 16 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

 

Article 17 – Additional or differing provisions

Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.