TERMS AND CONDITIONS
TABLE OF CONTENTS
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Continuing performance contracts: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
Supplementary agreement: an agreement under which 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 trader or by a third party on the basis of an arrangement between that third party and the trader;
Reflection period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into an agreement with the trader;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
Model form: the withdrawal form made available by the trader that the consumer may fill in when they wish to exercise their right of withdrawal;
Trader: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance selling of products and/or services, whereby up to and including the moment the agreement is concluded, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader being in the same place at the same time;
General Terms and Conditions: these General Terms and Conditions of the trader.
ARTICLE 2 – IDENTITY OF THE TRADER
Business name: Zuthara
Registered address: The Netherlands
E-mail address: support@zuthara.com
Chamber of Commerce number: 77210220
VAT identification number: NL003163281B44
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded it will be indicated that the general terms and conditions can be viewed at the trader's premises, how they can be viewed, and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded 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, either electronically or otherwise, upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions the consumer may always invoke the applicable provision that is most favourable to them.
5. If one or more provisions of these general terms and conditions are, at any time, wholly or partly null and void or are annulled, the remainder of these general terms and conditions will continue to apply, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
6. Situations not governed by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
7. Any ambiguities regarding 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 precedent or subsequent, or any other condition, this will be explicitly stated in the offer.
2. The trader's offer is without obligation. The trader is entitled to amend and adjust the offer.
3. The trader's offer contains a description of the products and/or services offered that is complete and accurate at all times. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images that suggest the images depict the product offered, these images will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
4. Images accompanying products are a true representation of the products offered. However, the trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
5. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the applicable rate for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement is archived after it is concluded, and if so, how it can be accessed by the consumer;
• the minimum duration of the distance contract in the case of a continuing performance contract;
• the applicability of the right of withdrawal;
• the method of payment, delivery and performance of the agreement.
ARTICLE 5 – THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.
4. Within the statutory framework, the trader may verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
5. The trader will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, no later than upon delivery of the product, service, or digital content:
a. the visiting address of the trader's place of business where the consumer can lodge complaints;
b. the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear notice regarding exclusion of the right of withdrawal;
c. information on warranties and existing after-sales service;
d. the price, including taxes, of the product, service or digital content;
e. delivery costs, where applicable;
f. the method of payment, delivery or performance of the distance contract;
g. the requirements for terminating the agreement if it has a duration of more than one year or an indefinite duration;
h. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
On delivery of products:
1. On the purchase of products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days.
2. This reflection period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
3. The warranty period of the intermediary is the same as the warranty period of the manufacturer. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.
In the event of a warranty claim, the intermediary will arrange for replacement or repair, at its discretion. In the case of replacement, the buyer undertakes to return the replaced item to the intermediary.
The warranty does not apply if:
• the buyer has repaired and/or modified the delivered products themselves, or had them repaired and/or modified by a third party;
• the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in a manner contrary to the intermediary's instructions and/or the instructions on the packaging;
• the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the type or quality of the materials used;
• hygiene products cannot be taken back or refunded, particularly in light of current COVID-19 measures. A (non-exhaustive) list of hygiene products that cannot be returned and refunded: underwear, swimwear (bikinis), make-up, hair styling products, beauty products, etc.
If:
1. the consumer has ordered multiple products in the same order, the reflection period commences on the day the consumer, or a third party designated by them, receives the last product. The trader may refuse an order for multiple products with different delivery times, provided the trader has clearly informed the consumer of this prior to the ordering process.
2. the delivery of a product consists of several shipments or parts, the reflection period commences on the day the consumer, or a third party designated by them, receives the last shipment or part;
3. the agreement relates to the regular delivery of products over a given period, the reflection period commences on the day the consumer, or a third party designated by them, receives the first product.
For services and digital content not supplied on a tangible medium:
3. If a service agreement or an agreement for the supply of digital content that is not supplied on a tangible medium, the consumer may dissolve the agreement without giving reasons for a period of fourteen days. This period of fourteen days commences on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content not supplied on a tangible medium, in the event of a failure to inform about the right of withdrawal:
1. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period, determined in accordance with the preceding paragraphs of this article.
2. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
3. During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
4. If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 14 days of receiving the product. The consumer must give this notice using the model form. After notifying the trader that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL
1. If the consumer exercises their right of withdrawal, at most the cost of return shipment will be borne by the consumer.
2. The trader will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, using the same payment method used by the consumer. This is subject to receipt of the returned goods by the online retailer, or conclusive proof of complete return shipment.
3. Any reduction in the value of the product caused by careless handling is borne by the consumer. This cannot be invoked if the trader has not provided all the legally required information regarding the right of withdrawal. This information must be provided before the purchase agreement is concluded.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
1. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded, and it concerns one of the products listed in paragraphs 2 and 3.
2. Exclusion is only possible for the following products:
• that have been produced by the trader in accordance with the consumer's specifications;
• that are clearly of a personal nature;
• that can spoil or become outdated quickly;
• the price of which is subject to fluctuations in the financial market over which the trader has no control;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygiene products of which the consumer has broken the seal. Hygiene products cannot be taken back or refunded, particularly in light of current COVID-19 measures. A (non-exhaustive) list of hygiene products that cannot be returned and refunded: underwear, swimwear (bikinis), make-up, hair styling products, beauty products, etc.
3. Exclusion is only possible for the following services:
• relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
• the performance of which has begun with the consumer's express prior consent before the reflection period has expired;
• relating to bets and lotteries.
ARTICLE 9 – PRICE
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the preceding paragraph, the trader may offer products or services with variable prices where the prices are subject to fluctuations in the financial market over which the trader has no control. Such dependence on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
• they result from statutory regulations or provisions; or
• the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. Prices quoted for products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
7. Any special additional customs clearance costs and/or import duties are not included in the price and are borne by the customer.
ARTICLE 10 – CONFORMITY AND WARRANTY
1. The trader 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 statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement. This includes any undertaking by the trader, its supplier, importer or manufacturer under which rights or claims are granted to the consumer that go beyond what is legally required in the event it has failed to fulfil its part of the agreement.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The warranty does not apply if:
• the consumer has repaired and/or modified the delivered products themselves, or had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging;
• the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used;
• hygiene products cannot be taken back or refunded, particularly in light of current COVID-19 measures. A (non-exhaustive) list of hygiene products that cannot be returned and refunded: underwear, swimwear (bikinis), make-up, hair styling products, beauty products, etc.
ARTICLE 11 – DELIVERY AND PERFORMANCE
1. The trader will exercise the greatest possible care when receiving and processing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. 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 executed, or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the dissolution.
6. If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
7. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
ARTICLE 12 – CONTINUING PERFORMANCE CONTRACTS: DURATION, TERMINATION AND RENEWAL
Termination
1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, in accordance with the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, in accordance with the agreed termination rules and a notice period of no more than one month.
3. The consumer may, with regard to the agreements referred to in the preceding paragraphs:
• terminate them at any time and not be limited to termination at a specific time or during a specific period;
• terminate them at least in the same manner in which they were entered into;
• always terminate them with the same notice period as the trader has stipulated for itself.
Renewal
1. An agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
2. Notwithstanding the preceding paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a definite period of up to three months, provided the consumer may terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it 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 extends to the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.
4. An agreement of limited duration for the regular delivery of daily, news and weekly papers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
8. If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
ARTICLE 13 – PAYMENT
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of 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 is obliged to report inaccuracies in payment details provided or stated to the trader without delay.
3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously made known to the consumer.
4. The consumer can make payment using the following payment methods: iDEAL, Bancontact, Klarna, KBC/CBC, Belfius Direct Net, and Credit Card (AMEX, Mastercard, Maestro and Visa).
ARTICLE 14 – COMPLAINTS PROCEDURE
1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement 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, a dispute arises that is subject to the dispute resolution procedure.
ARTICLE 15 – DISPUTES
Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate.
MODEL WITHDRAWAL FORM
Only complete and return this form if you wish to withdraw from the agreement
— To:
Company name
Address
Postal code
Telephone number
— I/We (*) hereby give notice that I/we (*) withdraw from our agreement concerning the sale of the following goods/the supply of the following service (*):
— Ordered on (DD-MM-YYYY):
— Order number:
— Received on (DD-MM-YYYY):
— Name(s) of consumer(s):
— Address of consumer(s):
— IBAN account number:
— Signature of consumer(s) (only if this form is submitted on paper):
— Date (DD-MM-YYYY):
(*) Delete as applicable.
