Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business 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, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any medium that enables 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 option 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 an organized system for the entrepreneur’s remote sales of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same place.

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

Article 2 – Identity of the Entrepreneur

Email address: info@zyvanna.com
Chamber of Commerce number: 86781308

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible 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 viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these terms and conditions shall remain in effect, and the relevant provision shall be replaced in mutual consultation as soon as possible by a provision that approximates the intent of the original provision as closely as possible.

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

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

Article 4 – The Offer

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

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

The offer contains a complete and accurate description of the products 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 truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the contract.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding import. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT (possibly together with customs clearance costs) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the contract will be concluded and what actions are required;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and performance of the agreement;

  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

  • the level of the tariff for distance communication if the costs of using the distance communication technique are calculated on a different basis than the basic rate;

  • whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;

  • the way in which the consumer can check and, if desired, correct the information they have provided in the context of the contract before concluding the contract;

  • the possible other languages in which the contract can be concluded, in addition to Dutch;

  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes electronically; and

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

Article 5 – The Agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set therein.

If the consumer accepts the offer electronically, the entrepreneur shall 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 may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

The entrepreneur may, within the limits of the law, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

The entrepreneur shall provide the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • the address of the entrepreneur’s business where the consumer can lodge complaints;

  • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • information on guarantees and existing after-sales service;

  • the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;

  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise 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 reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. Notification must be made in writing/by email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.

If the consumer has not made known within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be 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 withdrawal. The condition is that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only 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:

  • produced by the entrepreneur in accordance with the consumer’s specifications;

  • clearly personal in nature;

  • which by their nature cannot be returned;

  • that can spoil or age quickly;

  • whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;

  • for individual newspapers and magazines;

  • for audio and video recordings and computer software whose seal has been broken by the consumer;

  • for hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

  • where delivery has begun with the consumer’s express consent before the cooling-off period has expired;

  • relating to bets and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • they are the result of legal regulations or provisions; or

  • the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

Delivery takes place on the basis of Article 5, first paragraph, of the Dutch Turnover Tax Act 1968, in the country where transport begins. In this case, delivery takes place outside the EU. Accordingly, import VAT and/or customs clearance costs will be charged to the purchaser by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

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 otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;

  • The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall take the greatest possible care when receiving and executing product orders.

With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer shall be notified of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract without costs and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

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 representative made known to the entrepreneur, unless expressly agreed otherwise.

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

Termination
The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a given period;

  • at least in the same way as they were entered into;

  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
A contract concluded for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.

Contrary to the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A contract concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed 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 case of a contract extending to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a service agreement, this period begins after the consumer has received the confirmation of the contract.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly described 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 the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

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