General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms are defined as:

Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or receive is spread over time;

Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement concluded in the context of an organized system for selling products and/or services at a distance, whereby one or more techniques for distance communication are used exclusively until the conclusion of the agreement;

Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time;

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

ZAYNRIO
Drienerstraat 77, 7551 HL Hengelo
Email: INFO@ZAYNRIO.COM
Company registration number: 86397095
VAT identification number: NL004239619B04

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 a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the contract is concluded where the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.

In the event that specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always invoke the applicable provision most favorable to them.

If any provision of these general terms and conditions is null and void or annulled, the rest of the agreement and these terms remain in force, and the invalid provision will be replaced in mutual consultation as closely as possible by a valid provision.

Situations not covered by these general terms and conditions must be assessed in the spirit of these terms.

Ambiguities about the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be stated explicitly in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. If the entrepreneur uses images, these are a truthful representation. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images and data are indicative and cannot give rise to compensation or dissolution of the agreement.

Each offer contains sufficient information to make the rights and obligations clear, particularly regarding:

  • the price including taxes;

  • shipping costs;

  • how the contract will be concluded;

  • whether or not the right of withdrawal applies;

  • method of payment, delivery, and performance;

  • term of acceptance;

  • communication cost details if applicable;

  • whether the agreement will be archived and how to access it;

  • how the consumer can check and correct their input;

  • possible languages besides English;

  • how to access applicable codes of conduct;

  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, materials.

Article 5 – The Contract

The contract is concluded when the consumer accepts the offer and meets the associated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance. Until receipt is confirmed, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic data transfer and secure the online environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations and any relevant facts for responsibly entering into the contract. If the entrepreneur has valid grounds not to enter into the contract, they may refuse an order with justification.

Upon delivery, the entrepreneur will provide the following information in writing or on a durable data carrier:

a. the visiting address of the business location where the consumer can submit complaints;
b. the conditions and method for exercising the right of withdrawal, or a clear statement if it is excluded;
c. information about warranties and after-sales service;
d. the details from article 4, paragraph 3, unless these were already provided before contract performance;
e. the requirements for contract termination if the contract exceeds one year or is indefinite.

In long-term transactions, only the first delivery requires the above information.

Each agreement is concluded under the condition of sufficient product availability.


Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period commences the day after receipt of the product by the consumer or a previously designated representative made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The product will only be unpacked or used to the extent necessary to judge whether the consumer wishes to keep the product. If the consumer makes use of their right of withdrawal, the product must be returned with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of the right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. Notification must be made in writing/email. After this notification, the consumer must return the product within 30 days. The consumer must prove that the goods were returned on time, for example through proof of dispatch.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated they wish to use their right of withdrawal or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer uses their right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received back by the seller or conclusive proof of return has been provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, provided the entrepreneur clearly stated this in the offer, or at least in good time before the agreement was concluded.

Exclusion is only possible for products:

a. that are made to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
f. newspapers and magazines;
g. audio/video recordings and computer software whose seal has been broken by the consumer;
h. hygienic products whose seal has been broken.

Exclusion is only possible for services:

a. relating to accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period;
b. where performance has begun with the consumer’s explicit consent before the cooling-off period has ended;
c. relating to bets and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for changes due to VAT rate changes.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices, if these are subject to financial market fluctuations and beyond the entrepreneur’s control. This must be stated clearly in the offer.

Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations.

Price increases after 3 months are only allowed if stipulated by the entrepreneur and the consumer can cancel the agreement from the day the price increase takes effect.

All prices mentioned include VAT.

Obvious printing and typographical errors are not binding. The entrepreneur is not obliged to deliver a product based on an incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date the agreement is concluded. If agreed, the entrepreneur also guarantees suitability for non-standard use.

Any additional guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights the consumer has under the agreement.

Defects or incorrectly delivered products must be reported in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty term provided by the entrepreneur corresponds to the manufacturer’s warranty. The entrepreneur is not liable for the product’s suitability for specific individual use nor for any advice given regarding use or application.

The warranty does not apply if:

  • The consumer has repaired and/or modified the products or had this done by third parties;

  • The products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions;

  • The defect is wholly or partly the result of government regulations regarding the nature or quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing product orders.

Delivery is to the address provided by the consumer.

In accordance with Article 4, accepted orders will be executed within 30 days unless a longer period was agreed upon. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified within 30 days. In such cases, the consumer may dissolve the agreement without cost and is entitled to any compensation.

In case of dissolution, the entrepreneur shall refund any amount paid as soon as possible and no later than 14 days.

If delivery of a product is impossible, the entrepreneur will try to provide a replacement. The consumer will be informed clearly about the replacement. The right of withdrawal still applies. Return costs for a replacement are at the entrepreneur’s expense.

The risk of damage and/or loss lies with the entrepreneur until delivery to the consumer or a previously designated representative, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Termination and Renewal

Termination

The consumer may terminate an indefinite agreement for the regular delivery of products (including electricity) or services at any time with a notice period of up to one month.

A fixed-term agreement may be terminated at the end of its term with a notice period of up to one month.

Consumers may terminate agreements:

  • at any time, not limited to a specific date or period;

  • using the same method as used to enter into the agreement;

  • with a notice period equal to that which the entrepreneur uses for termination.

Renewal

A fixed-term agreement for regular delivery of products or services may not be tacitly extended.

Exceptions:

  • Subscriptions to newspapers or magazines may be extended tacitly for up to three months, with the consumer able to cancel by the end of the extension.

  • A fixed-term agreement may be renewed indefinitely only if the consumer can cancel at any time with a notice period of up to one month (or up to three months for less-than-monthly publications).

  • Trial subscriptions automatically end after the trial period.

Duration

If an agreement lasts more than one year, the consumer may cancel at any time after one year with a notice period of up to one month, unless agreed otherwise.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period (Article 6(1)). For services, this period starts after confirmation of the agreement.

The consumer must promptly report any inaccuracies in payment details.

In case of non-payment, the entrepreneur is entitled, within legal limits, to charge the consumer reasonable costs disclosed in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, clearly described.

The entrepreneur will respond to complaints within 14 days. If more time is needed, the consumer will receive an acknowledgment and an estimate of when a full response can be expected.

If the complaint cannot be resolved by mutual agreement, a dispute arises subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.

If a complaint is justified, the entrepreneur will, at their discretion, replace or repair the product free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law, even if the consumer resides abroad.