Tems & Conditions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Long-term transaction: a distance contract concerning a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
  • Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the consumer’s ability to cancel a distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers; in this case: Ziora;
  • Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, using exclusively one or more techniques for distance communication up to and including the conclusion of the contract;
  • Technique for distance communication: means used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location;
  • Terms and Conditions: these Terms and Conditions of the entrepreneur Ziora.

Article 2 – Identity of the Entrepreneur

  • Company name: DWB Commerce
  • Company address: Carel Willinklaan 84, 1328 LJ, Almere, Netherlands
  • Email: support@ziora.nl
  • Chamber of Commerce number: 97863548
  • VAT identification number: NL005293963B30

Article 3 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge at the consumer’s request. If the contract is concluded electronically, the terms and conditions can be made available electronically in such a way that the consumer can store them on a durable medium. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge upon request.

If specific product or service terms also apply, the second and third paragraphs apply accordingly, and the consumer may always rely on the provision most favorable to them in case of conflicting terms. If any provision of these terms and conditions is entirely or partially void or annulled, the rest of the agreement remains in force, and the provision will be replaced in consultation to preserve the intent. Situations not covered by these terms must be assessed in the “spirit” of these terms. Ambiguities must also be interpreted in the “spirit” of these terms.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be clearly stated.

The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The offer provides a full and accurate description of the offered products and/or services, sufficiently detailed to allow the consumer to make a proper assessment. Images used reflect the products/services truthfully. Obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data are indicative and cannot lead to compensation or contract dissolution. Product images reflect the products faithfully; colors may vary.

Each offer contains sufficient information for the consumer to understand the rights and obligations associated with accepting the offer, including:

  • Price (excluding customs clearance and import VAT, which are the consumer’s responsibility);
  • Shipping costs;
  • How the contract is concluded and any required actions; applicability of the right of withdrawal;
  • Payment, delivery, and execution methods;
  • Acceptance period or price guarantee;
  • Remote communication costs if they differ from standard rates;
  • Whether the contract is archived and how it can be accessed;
  • How the consumer can review and correct their data;
  • Languages available for the contract;
  • Codes of conduct applicable to the entrepreneur;
  • Minimum duration in case of long-term transactions; optionally: sizes, colors, materials.

Article 5 – The Contract

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

If accepted electronically, the entrepreneur will confirm receipt electronically. Until confirmation, the consumer may dissolve the contract.

For electronic contracts, the entrepreneur takes appropriate technical and organizational measures to secure data transfer and provide a safe web environment. Electronic payments are secured.

The entrepreneur may verify the consumer’s ability to pay and refuse orders if reasonable grounds exist.

The entrepreneur will provide the consumer, in writing or on a durable medium, with:

  • The address for complaints;
  • Terms of the right of withdrawal;
  • Warranty and after-sales information;
  • Article 4, paragraph 3 information unless already provided;
  • Termination requirements for contracts longer than one year or indefinite duration.
  • For long-term transactions, the above applies only to the first delivery.

All contracts are subject to sufficient product availability.

Article 6 – Right of Withdrawal

The consumer may cancel the contract within 14 days without giving reasons, starting the day after receipt. Products must be handled carefully, used only as necessary to assess them. If exercising the right, products and accessories must be returned in original condition and packaging, following the entrepreneur’s instructions.

Notification of withdrawal must occur within 14 days of receipt, via written message/email, and the product must be returned within 14 days. Proof of timely return is required.

Failure to notify or return within the periods results in a completed purchase.

Article 7 – Costs of Withdrawal

Return costs are borne by the consumer. Payments made will be refunded within 14 days after withdrawal, provided the product has been received or proof of return is provided.

Article 8 – Exclusion of Right of Withdrawal

The right of withdrawal may be excluded for:

  • Custom-made or personalized products;
  • Perishable or easily deteriorating goods;
  • Sealed audio, video, software, or hygienic products if unsealed;
  • Services with a set date or period;
  • Services started with explicit consumer consent before the cooling-off period ends;
  • Lotteries and betting services.

Article 9 – Price

Prices are fixed for the offer’s validity period, except for changes in VAT. Prices linked to financial market fluctuations may vary. Price increases within 3 months of contract are only allowed by law; after 3 months, only if agreed and with cancellation rights. Delivery is outside the EU; import VAT applies. Prices are subject to printing errors without liability.

Article 10 – Conformity and Warranty

Products/services must comply with the agreement, specifications, reasonable usability standards, and laws. Manufacturer warranties do not affect statutory rights. Defects must be reported within 14 days, and returns in original condition. The entrepreneur is not liable for the product’s suitability for individual use. Warranty does not apply if the consumer has altered or misused the product.

Article 11 – Delivery and Execution

The entrepreneur will handle orders with due care. Delivery occurs at the consumer’s specified address. Orders are executed within 30 days, unless otherwise agreed. Delays allow the consumer to cancel and seek compensation. Replacement items cannot exclude the right of withdrawal. Return shipping costs are borne by the entrepreneur until delivery to the consumer or designated representative.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

  • Termination: indefinite contracts can be terminated with one month’s notice; fixed-term contracts may be terminated at the end of the term with one month’s notice.
  • Renewal: fixed-term contracts may not be silently renewed except certain magazine subscriptions (max 3 months), which allow one month’s notice. Trial subscriptions end automatically. Contracts over one year can be terminated after one year with one month’s notice.

Article 13 – Payment

Unless agreed otherwise, payment is due within 7 days after the cooling-off period starts. For services, the period starts upon confirmation. The consumer must report errors in payment details. In case of default, the entrepreneur may charge reasonable costs.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days of discovering defects. Responses occur within 14 days; if longer, acknowledgment and expected response time is provided. Unresolved complaints may enter a dispute resolution process. Valid complaints will result in free repair or replacement.

Article 15 – Disputes

Dutch law exclusively applies, even for consumers living abroad.

Article 16 – CESOP

From 2024, under changes to the VAT Act and EU Payment Services Directive, payment service providers may register data in the European CESOP system.