Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information directed personally to them, in a way that allows future access and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer 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 within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby only one or more means of distance communication are used up to and including the conclusion of the agreement;
Means of distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same place at the same time.
Terms and Conditions: these present Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: ZANORA-SYDNEY
Company address: 5040 Margaret St.Sydney NSW 2000 Australië
Email: support@[YOUR STORE NAME].nl
Chamber of Commerce number: 94045267 VAT identification number: NL005060766B14
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed 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 indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, 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 data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, electronically or otherwise.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and the remaining terms and conditions will remain in effect, and the relevant provision will be replaced by mutual agreement as soon as possible with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms should also be interpreted in the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
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the price, excluding customs clearance costs and import VAT. These additional costs are for the customer's account and risk. The postal and/or courier service will apply a special scheme for imports when applicable. This scheme applies if the goods are imported into the destination EU country, which is the case here. The postal and/or courier service will collect the VAT (possibly along with customs clearance fees) from the recipient of the goods;
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any delivery costs;
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the manner in which the agreement will be concluded and what actions are required;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and execution of the agreement;
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the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
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the rate for distance communication if the costs of using the means of distance communication are calculated on a different basis than the regular base rate for the used means of communication;
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whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
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how the consumer, before concluding the agreement, can check and if necessary correct the information provided under the agreement;
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any other languages in which the agreement may be concluded, besides Dutch;
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the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically;
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the minimum duration of the distance agreement in the event of a continuing performance transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this receipt, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
The entrepreneur may – within legal frameworks – assess whether the consumer can meet their payment obligations, as well as other facts and factors relevant to a sound distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or application with justification, or to attach special conditions to the execution.
With the product or service, the entrepreneur shall include the following information, either in writing or in such a way that the consumer can store it accessibly on a durable medium:
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the physical address of the entrepreneur's business location where the consumer can file complaints;
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the conditions and method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information on warranties and existing after-sales services;
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the data referred to in Article 4, paragraph 3, of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
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the conditions for terminating the agreement if it is of a duration longer than one year or indefinite.
In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement within 14 days without giving any reason. This withdrawal period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receipt of the product, preferably via a written notice or email. After this notification, the consumer must return the product within 14 days. The consumer must be able to prove that the product was returned in time, for example by providing proof of shipment.
If, after the periods referred to in paragraphs 2 and 3, the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the direct costs of returning the product will be borne by the consumer.
If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund is subject to the condition that the returned product has been received by the entrepreneur or conclusive proof of full return has been provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products and services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
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that have been produced according to the consumer’s specifications;
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that are clearly personal in nature;
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that cannot be returned due to their nature;
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that may spoil or age quickly;
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whose price is subject to fluctuations in the financial market that are beyond the entrepreneur’s control;
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that are single newspapers or magazines;
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that are audio or video recordings or computer software whose seal has been broken by the consumer;
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that are hygienic products of which the seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
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related to accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
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where the provision has started with the consumer's explicit consent before the cooling-off period has ended;
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related to betting and lotteries.
Article 9 – The Price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This liability to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases more than 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
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they are the result of statutory regulations or provisions; or
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the consumer has the right to terminate the agreement as of the day the price increase takes effect.
The place of delivery, according to Article 5, paragraph 1 of the Dutch VAT Act 1968, is in the country where transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or customs clearance fees will be collected from the buyer by the postal or courier service. Therefore, the entrepreneur does not charge VAT.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In case of typographical or printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations existing at the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer can make against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
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The delivered products have been exposed to abnormal conditions or are otherwise mishandled or treated in violation of the instructions from the entrepreneur and/or the packaging instructions;
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The defect is entirely or partially the result of regulations set by the government regarding the nature or quality of the applied materials.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address the consumer has communicated to the entrepreneur.
In accordance with the provisions in Article 4 of these terms, the company will execute accepted orders as quickly as possible 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 within 30 days of placing the order. In that case, the consumer has the right to cancel the agreement at no cost and is entitled to compensation for any damage.
In the case of cancellation under the previous section, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves to be impossible, the entrepreneur will strive to make a replacement product available. The replacement product will be clearly and understandably communicated to the consumer at the time of delivery. The right of withdrawal cannot be excluded for replacement products. The costs for any return shipment are the responsibility of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless otherwise agreed.
Article 12 – Duration Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer may cancel an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to any agreed-upon cancellation rules and a cancellation period of no more than one month.
The consumer may cancel an agreement concluded for a specific period, which involves the regular delivery of products (including electricity) or services, at any time at the end of the specified period, subject to any agreed-upon cancellation rules and a cancellation period of no more than one month.
The consumer may cancel the agreements mentioned in the previous sections:
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At any time and not be limited to cancellation at a specific time or within a specific period;
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At least cancel in the same manner as they have entered into the agreement;
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Always cancel with the same notice period as the entrepreneur has agreed for themselves.
Extension
An agreement concluded for a specific period, which involves the regular delivery of products (including electricity) or services, may not be automatically renewed or extended for a specific duration.
Notwithstanding the previous section, an agreement concluded for a specific period, which involves the regular delivery of daily, weekly, or periodical newspapers and magazines, may be extended automatically for a period of up to three months, provided the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a specific period, which involves the regular delivery of products or services, may only be automatically renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement involves the regular delivery of daily, weekly, or periodical newspapers and magazines but less frequently than once a month.
An agreement with a limited duration for the regular delivery of daily, weekly, or periodical newspapers and magazines (trial or introductory subscription) will not be automatically extended and will end automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude cancellation before the agreed duration expires.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as described in Article 6(1). In the case of an agreement for services, this period begins when the consumer receives the confirmation of the agreement.
The consumer has the obligation to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In the event of late payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted in full and clearly to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute will arise, which is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur has indicated otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace the delivered products or repair them free of charge, at their discretion.
Article 15 – Disputes
The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
Article 16 - CESOP
Due to measures introduced and reinforced from 2024 regarding the "Act amending the Turnover Tax Act 1968 (law implementing the payment services directive)" and the implementation of the central electronic system for payment information (CESOP), payment service providers may register data in the European CESOP system.