General terms and conditions
GENERAL TERMS AND CONDITIONS
zondadesign.nl
https://www.zondadesign.nl
I. The Entrepreneur’s identity :
Maxi Maja OÜ LOOTSA TN 5 11415 TALLINN ESTONIA, VAT: EE16093742, NIP PL 5263400722
info@zondadesign.nl
II. Definitions :
In these Terms and Conditions, the following terms shall have the following meanings:
1. Consumer: the natural person who does not act for purposes related to his/her
commercial, trade, craft or professional activities;
2. Day: calendar day;
3. Digital content: data produced and delivered in digital form;
4. Sustainable data carrier: any means, including email, that allow the Consumer or the
Entrepreneur to store information directed to him/her personally in such a manner that
makes future consultation and use possible during a period that matches the purpose
for which the information is destined and which makes unaltered reproduction of the
stored information possible.
5. Right of withdrawal: the Consumer’s option not to proceed with the distance
agreement within the cooling-off period;
6. Entrepreneur:
Maxi Maja OÜ LOOTSA TN 5 11415 TALLINN ESTONIA, VAT: EE16093742, NIP PL 5263400722
7. Distance contract: a contract concluded by the Entrepreneur and the Consumer within
the scope of an organised system for distance selling products, digital content and/or
services, whereby exclusive or additional use is made of one or more technologies of
distance communication up to the conclusion of the contract;
8. Standard form for withdrawal: the European standard form for withdrawal included
in Appendix 1;
9. Technology for distance communication: a means to be used for concluding an
agreement without the Consumer and the Entrepreneur being together in the same place
at the same time.
III. Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to
any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these
General Terms and Conditions available free of charge and as soon as possible.
3. If the distance contract is concluded electronically, the text of these General Terms and
Conditions, in deviation from the previous section and before the distance contract is
concluded, may also be supplied to the Consumer electronically in such a way that the
Consumer can easily store it on a long- term data carrier. If this is reasonably impossible,
it will be specified where the General Terms and Conditions can be viewed
electronically and that they will be sent to at the Consumer´s request free of charge,
either via electronic means or otherwise, before concluding the distance contract;
IV. The offer
1. The offer contains a full and accurate description of the products, digital content
and/or services offered. The description is suitably detailed to enable the Consumer
to assess the products, or services and/or digital content adequately. The Products
are presented in accordance with legal regulations and are as accurate as possible.
2. There may be differences between the Products shipped and those shown on the
Website or in the catalogue, primarily for handcrafted Products, each of which is
unique, and Products for which technical or technological modifications have been
made. You may not cancel your order or refuse delivery due to such differences,
provided that they do not affect the essential features or quality of the Products.
However, we cannot guarantee that the colour you see on the Website or in the
catalogues matches the product colour, as the display of the colour depends in part
upon the browser and monitor you are using. Entrepreneur cannot be held liable for
inaccuracies in the photographs on the Website.
3. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
4. All offers contain such information that it is clear to the Consumer what rights
and obligations are attached to accepting the offer.
V. The contract
1. Subject to the provisions in section IV, the contract becomes valid when the
Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall
promptly confirm receipt of having accepted the offer via electronic means. As long as
the receipt of said acceptance has not been confirmed, the Consumer may repudiate the
contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate
technical and organisational security measures for the electronic data transfer and
ensure a safe web environment. If the Consumer can pay electronically, the
Entrepreneur shall observe appropriate security measures.
4. Before delivering the product, the Entrepreneur shall send the following
information along with the product, the service or the digital content in writing or in
such manner that the Consumer can store it in an accessible manner on a long-term data
carrier:
1) the visiting address of the Entrepreneur´s business establishment where the
Consumer may get into contact with any complaints;
2) the conditions on which and the manner in which the Consumer may
exercise the right of withdrawal, or, as the case may be, clear information about
his being exempted from the right of withdrawal;
3) the information corresponding to existing after-sales services and guarantees;
4) the price including all taxes of the product, service or digital content, where
applicable the delivery costs and the way of payment, delivery or
implementation of the distance contract;
5) the requirements for cancelling the contract if the contract has a duration of
more than one year or for an indefinite period of time.
6) the standard form for withdrawal if the Consumer has the right of withdrawal.
VI. Price/ Payment
1. Product prices are shown in euro, inclusive of taxes relating to Product sales including VAT.
2. Orders are not recorded until payment has been validated.
3. The invoice sent to the buyer uses the information he entered in his customer account.
The buyer can edit this data each time he places an order through the website.
4. Payment shall be made in euro. The full price must be paid at the time of order by :
2) bank transfer (you can transfer your payment through your bank. Please note
that a transfer your order will only be sent when payment is received. Placing
your order you will receive an email with payment details )
3) cash on delivery (you can pay by COD with us. You pay for the delivery service
if you take the order received .
unless otherwise stated when you place your order, sent to the following address:
VII. Delivery
1. Once you have placed your order, the shipping method (carrier or parcel) will be
specified.
2. The Entrepreneur shall exercise the best possible care when booking orders and
executing product orders and when assessing requests for the provision of services.
3. The place of delivery is at the address given by the Consumer to the Entrepreneur.
4. With due observance of the stipulations in Article 4 of these General Terms and
Conditions, the Entrepreneur shall execute accepted orders with convenient speed.(see
: https://www.zondadesign.nl).
5. If the delivery has been delayed, or if an order cannot be filled or can be filled only
partially, the Consumer shall be informed about this within one month after ordering.
In such cases, the Consumer is entitled to repudiate the contract free of charge.
6. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall
return the payment made by the Consumer promptly but at least within 30 days after
repudiation.
7. The risk of loss and/or damage to products will be borne by the Entrepreneur until the
time of delivery to the Consumer or a representative appointed in advance and made
known to the Consumer, unless explicitly agreed otherwise.
VIII. Warranty
1. The Entrepreneur is not a producer of the products. The Products are warranted to be
free from defects in design and materials and workmanship for a period of 1-2 year
from the date of delivery. During the warranty period, Entrepreneur will exchange or
refund the Products found by us to be defective. Products exchanged shall be covered
for the remainder of the warranty period.
2. This warranty does not cover:
1) any damage to the Product resulting from normal wear and tear, given its nature,
function, composition and price;
2) slight differences in the Products as defined in IV ust.2.
3) products exposed to excessively heavy use, specifically involving other than
private use.
4) any damage to the Product resulting from improper installation, storage, or
assembly (non-compliance with assembly instructions), improper maintenance,
misuse or use not in compliance with the technical or use specifications (noncompliance
with maintenance and care instructions), modifications or repairs
made by you or a third party, damage caused by other objects (heavy television
placed on a unit not designed for this purpose), outside events such as accidents,
shocks, fire, vandalism, water damage, natural or artificial light (discoloration)
natural catastrophes or bad weather.
3. To invoke the warranty, you must contact the customer service department. .(see :
https://www.zondadesign.nl .)
IX. Right of withdrawal (cooling-off period )
- As a Consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the product. To exercise the right of withdrawal, you must inform us, ie Maxi Maja OÜ LOOTSA TN 5 11415 TALLINN ESTONIA. info@zondadesign.nl, about your decision to withdraw from this contract by way of an unequivocal statement. You can use the model withdrawal form, but it is not obligatory. The form template can be downloaded from the website.
- In order to meet the deadline for withdrawing from the contract, you should send us information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
- Consequences of withdrawal from the contract: In the event of withdrawal from this contract, the goods should be packed back together with all additional equipment in the original packaging, in which the Buyer received the purchased goods. After packing the goods, notify the Seller in order to arrange the date of delivery to the seller's warehouse (the address will be provided in accordance with the nearest point of receipt of returns). goods, prepayment for the service is required), this does not exempt from the obligation to secure and pack the returned product.
- We will refund the payments received from you, excluding the cost of delivery and return costs, immediately and in any event no later than 14 days from the date on which the returned goods have reached our point of return. We will refund the payment to the bank account indicated by you.
- The right to withdraw from the contract is not available to the consumer in relation to the contract: in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs; in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery; in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract
X. Exclusion of the right of withdrawal
1. The Entrepreneur can exclude the following products and services from the right of
withdrawal but only if the Entrepreneur notified this clearly when making the offer or
at any rate in good time before concluding the agreement:
1) Services agreements, after full performance of the service, but only if the
performance started with the Consumer’s explicit prior consent; and the Consumer
stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully
performed the agreement.
2) Products or services with a price that is subject to fluctuations in the financial
market on which the Entrepreneur has no influence and which may occur within
the period of withdrawal;
3) Products manufactured in accordance with the Consumer’s specifications which
are not prefabricated and which are produced on the basis of a Consumer’s
individual choice or decision or which are intended for a specific person;
4) Perishable products or products with a limited durability.
5) Sealed products which are for health or hygiene reasons not suitable for being
returned and of which the seal was broken;
6) Products which for their nature are irreversibly mixed with other products.
7) Alcoholic drinks of which the price has been agreed upon at the conclusion of the
agreement but of which the delivery can take place only after 30 days, and whose
real value depends on fluctuations in the market which the Entrepreneur cannot
affect.
8) Agreements that are concluded during a public auction.
9) Services agreements for making accommodation available when a certain period
of implementation is provided and other than for residential purposes, goods
transports, car rental services and catering;
10) Agreements related to leisure activities when a certain date or period of
performance is arranged in the agreement;
11) Sealed audio and video recordings and computer programs of which the seals
were broken after delivery; Newspapers, periodicals or magazines, with the
exception of subscriptions to them;
12) The delivery of digital content other than on a physical carrier, but only if the
performance was started with the Consumer’s explicit prior consent the Consumer
stated that he will lose his right of withdrawal by doing so.
XI. Complaints procedure
1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and
shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and
clearly described to the Entrepreneur within a reasonable time after the Consumer
discovered the defects. e-mail : reklamacje@zondadesign.nl . Complaints may be also
submitted in panel „My account” (Complaints ).
3. The complaints submitted to the Entrepreneur shall be replied within a period of 14
days after the date of receipt.
4. A complaint about the Entrepreneur’s product, service or after-sales service can also be
submitted to Stichting Webshop Keurmerk with a complaints form given in the
Consumer Page of the website www.Stichting Webshop Keurmerk. org. The complaint
will then be sent to the Entrepreneur in question and to Stichting Webshop Keurmerk.
5. If the complaint cannot be solved in joint consultation within a reasonable time or within
3 months after submitting the complaint, there will be a dispute that is open to the
dispute settlement rules.
6. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and
of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing
information on the ODR platform. Online Dispute Resolution is intended to facilitate
an independent, non-judicial settlement of disputes between consumers and traders
through the Internet.
7. These disputes relate to contractual obligations arising from online sales or service
contracts concluded between consumers living in the Union and traders established in
the Union.
8. The consumer who would like to take advantage of the possibility of an amicable
resolution to disputes concerning online purchases may submit a complaint, for
example, via the EU"s Internet ODR platform which is available at:
http://ec.europa.eu/consumers/odr/.
9. Please also note that domosfera.nl reserves the right to refuse to resolve the dispute
through mediation notified via the ODR platform.
XII. Force majeure
1. Neither Party can be held liable for the non-performance of any of its obligations, if
such non-performance is due to an unforeseeable event beyond its control or a force
majeure incident including but not limited to flood, fire, storm, raw materials shortage,
transportation strike, partial or total strike, or lock-out. The Party affected by such events
must inform the other party promptly, no later than five (5) business days after said
event occurs.
2. The parties agree that they will work together to determine how best to fill the order
while the force majeure incident persists.
XIII. Disputes
1. Contracts between the Entrepreneur and the Consumer to which these General Terms
and Conditions apply, are exclusively governed by Dutch law.
2. With due observance of the provisions set out below, the disputes between the
Consumer and the Entrepreneur about the formation or the performance of contracts
related to products or services that the Entrepreneur must deliver or has already
delivered can be submitted by both the Consumer and the Entrepreneur to
Geschillencommissie Webshop, Postbus 90600, 2509 LP, The Hague (Den Haag)
(www.sgc.nl).
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the
Consumer submitted his/her complaint to the Entrepreneur within a reasonable period.
4. The dispute must have been submitted in writing to the Geschillencommissie Webshop
within three months after arising of the dispute.
5. If the Consumer wishes to submit a dispute to the Geschillencommissie, the
Entrepreneur is bound by this choice. When the Entrepreneur wishes to file the dispute
to the Geschillencommissie, the Consumer must speak out in writing within five weeks
after a written request made by the Entrepreneur whether he so desires or wants the
dispute to be dealt with by the competent court. If the Entrepreneur has not heard of
the Consumer’s option within the period of five weeks, the Entrepreneur is entitled to
submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out in
the rules of the Arbitration Commission (http://www.degeschillencommissie.nl/overonss/decommissies/2701/webshop).
A decision made by the Geschillencommissie is a
binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the
Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business
activities before the Commission has handled a dispute at the hearing and delivered a
final award.
8. If in addition to the Geschillencommissie Webshop another disputes committee
recognised by or affiliated with the Stichting Geschillencommissiesvoor
Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the
Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints
Board] is competent, the disputes that are mainly related to sales methods or distance
services, the Geschillencommissie Webshop Keurmerk is preferably competent, and
for all other disputes, the disputes committee recognised by and affiliated with the
SGC or Kifid is competent.
XIV. Using the website
1. All content on the zondadesign.nl website including, without limitation, logos, registered
trademarks, text, photographs, images, drawings, models or charts, is protected by
international copyright laws. None of the content may be downloaded, copied,
reproduced, republished, posted, transmitted, stored, sold or distributed without the
prior written permission of the copyright holder.
2. Users agree that all access and use of this Website https://www.zondadesign.nl and its
content is at their own risk. The Entrepreneur shall not be held liable in any manner for
failures, errors, or computer viruses affecting access to this Website, or any computer
malfunctions that occur following Website access. The Entrepreneur shall not be liable
in any manner for any direct or indirect damages arising out of access to the Website or
downloading content including images, text, or video files.
3. To record and process your order and/or respond to requests for information,
Entrepreneur collects personal data. You have a right to access, rectify, oppose and
delete your personal data. See Privacy policy.
XV. Final provisions
1. By express agreement between Entrepreneur and you, electronic mail messages shall
constitute proof between the parties, as well as automatic recording systems used on the
Website, specifically as to the nature and date of the order.
2. If any one of the provisions in these general terms and conditions should be deemed
invalid under any applicable law, the remaining provisions shall remain legal and
enforceable.
3. Entrepreneur reserves the right modify these general terms and conditions. New
versions will be indicated on the Website.The online version on the Website at the time
you place your order will supersede any other prior version.
4. These general terms and conditions and the order summary sent to you constitute the
entire agreement between us.