Terms of service

Article 1 – Definitions

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

**Cooling-off Period:** The period during which the consumer can exercise their right of withdrawal;
**Consumer:** The natural person who does not act for purposes relating to their trade, business, or profession and enters into a distance contract with the entrepreneur;
**Day:** Calendar day;
**Continuing Performance Contract:** A contract for the supply of goods or services, the performance of which extends over a period of time;
**Durable Medium:** Any instrument which enables the consumer or business to store information addressed personally to them in a way accessible for future reference for a period that is long enough for the purposes of the information and allows unaltered reproduction of the information stored.

**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 goods and/or services to consumers at a distance;
**Distance Contract:** A contract concluded between the entrepreneur and the consumer as part of an organized system for the distance selling of goods and/or services, without the simultaneous physical presence of the entrepreneur and the consumer;

**Communication Medium for Distance Communication:** Any tool that can be used for concluding a contract between the consumer and the entrepreneur without them being physically present at the same place and time.
**General Terms and Conditions:** These general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Email address: info@zyora.eu

Article 3 – Applicability

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

Before the 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 are available for inspection at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, 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 medium. 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 free of charge at the consumer's request, either electronically or by other means.

If in addition to these general terms and conditions specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially null and void or are nullified at any time, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation as soon as possible.

Situations not governed by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must 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 will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Apparent errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and details in the offer are indicative and cannot be the basis for damages or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

- the price including taxes; any shipping costs;
- the manner in which the agreement will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the agreement;
- the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the communication tool used;
- whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
- how the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, correct it;
- any languages other than Dutch in which the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of a continuous performance contract.

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 of acceptance by the consumer of the offer and compliance

 with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the agreement.

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

The entrepreneur can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, motivated, or to attach special conditions to the execution.

Before delivering the product, the entrepreneur will send the following information with the product, in writing, or in such a way that the consumer can store it in an accessible manner on a durable medium:

- the visiting address of the entrepreneur's business location where the consumer can lodge complaints;
- the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the price including taxes, any shipping costs, and the method of payment, delivery, or performance of the agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.
- In case of a continuing performance contract, the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

Upon delivery of products:

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

During this period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all 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.

Upon delivery of services:

When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.

To exercise the right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the costs of returning the product.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

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. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement.

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

- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that spoil or age quickly;
- whose prices are subject to 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 of which the consumer has broken the seal.

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

- concerning accommodation, transport, restaurant services, or leisure activities to be performed on a certain date or during a certain period;
- the delivery of digital content other than on a tangible medium, but only if:
  - the performance has begun with the express prior consent of the consumer; and
  - the consumer has stated that they will lose their right of withdrawal.

Article 9 – Pricing

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

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement starting from the day the price increase takes effect.

The prices stated in the range of products or services are exclusive of VAT.

Article 10 – Compliance and Guarantees

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.

An arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur about a failure in the fulfillment of the entrepreneur's obligations by virtue of the law and/or the distance contract.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed about this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In the case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. Before the delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination:

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

The consumer can terminate a contract that has

 been entered into for a definite period and that extends to the regular delivery of products (electricity included) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can cancel the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least in the same way as they were entered into by the consumer;
- always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

An agreement concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a certain duration.

By way of derogation from the previous paragraph, an agreement concluded for a definite period and that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months, if the consumer can cancel this extended agreement towards the end of the extension period with a notice period of no more than one month.

An agreement 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 can cancel it at any time with a notice period of no more than one month. The notice period is a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement 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 automatically ends at the end of the trial or introductory period.

Article 13 – Payment

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

The consumer is obligated to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.

In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable 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 response.

If the complaint cannot be resolved amicably, a dispute arises that is eligible for dispute resolution.

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 its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides outside the Netherlands.