Terms & Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

• Cooling-off period: The period during which the consumer can exercise the right of withdrawal.
• Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Continuous transaction: A distance contract concerning a series of products and/or services, with delivery and/or performance spread out over time.
• Durable medium: Any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged 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 products and/or services to consumers at a distance.
• Distance contract: A contract concluded as part of an organized system for distance selling of products and/or services, using one or more means of distance communication up to and including the conclusion of the contract.
• Means of distance communication: A medium used to conclude a contract without the consumer and entrepreneur being simultaneously in the same physical location.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company: Zarzour
  Oderweg 1
  1043 AG
  Amsterdam
  info@zarzour.nl
• Chamber of Commerce number: 71592873
• VAT identification number: NL002385733B08

Article 3 – Applicability
These terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer. Before concluding the distance contract, the text of these 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 terms and conditions are available for inspection at the entrepreneur and will be sent to the consumer free of charge upon request. If the distance 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 viewed electronically or otherwise, and they will be sent to the consumer free of charge upon request.

Article 4 – The Offer

• If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
• The offer is non-binding. The entrepreneur is entitled to modify or adapt the offer.
• The offer contains a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
• All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
• Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
• Each offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes:
  • The price including taxes.
  • Any shipping costs.
  • The method by which the contract will be concluded and the actions required.
  • Whether or not the right of withdrawal applies.
  • The method of payment, delivery, and execution of the contract.
  • The period for accepting the offer or the period within which the entrepreneur guarantees the price.
  • The rate for distance communication if it differs from the regular base rate.
  • Whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer.
  • The way the consumer can check and correct the data provided before concluding the contract.
  • Any other languages in which, besides Dutch, the contract can be concluded.
  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.
  • The minimum duration of the distance contract in the case of a continuous transaction.

Article 5 – The Contract

• The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
• If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance electronically without delay. Until the entrepreneur confirms the receipt, the consumer can dissolve the contract.
• If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
• The entrepreneur can, within legal frameworks, investigate whether the consumer can meet their payment obligations and any other facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds for not entering into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
• The entrepreneur will send the following information with the product or service, in writing or in a manner that can be stored by the consumer on a durable medium:
  • The visiting address of the entrepreneur where the consumer can submit complaints.
  • The conditions under which and the method by which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal.
  • Information on warranties and existing after-sales service.
  • The details mentioned in Article 4, paragraph 3, unless these have already been provided to the consumer before the contract was executed.
  • The requirements for terminating the contract if it is of more than one year duration or of indefinite duration.
• In the case of a continuous transaction, the above provisions apply only to the first delivery.
• Every contract is concluded under the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

• When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative appointed by them.
• During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they want to keep it. If they wish to exercise the right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the clear instructions provided by the entrepreneur.
• To exercise the right of withdrawal, the consumer must inform the entrepreneur within 14 days of receiving the product, using a written statement or email. After notifying the intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the items were sent back in time, for example by providing proof of shipment.
• If the consumer does not notify their intention to withdraw or does not return the product within the mentioned periods, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

• If the consumer exercises the right of withdrawal, the costs of returning the products are for the consumer's account.
• If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has already been received by the retailer or proof of complete return is provided.

Article 8 – Exclusion of the Right of Withdrawal

• The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least before concluding the contract.
• Exclusions from the right of withdrawal are possible for:
  • Products made according to consumer specifications.
  • Clearly personal items.
  • Items that cannot be returned due to their nature.
  • Items that can spoil or age quickly.
  • Items whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.
  • Single newspapers and magazines.
  • Audio and video recordings and computer software whose seal has been broken.
  • Hygienic products whose seal has been broken.
• Exclusions from the right of withdrawal are also possible for services:
  • Concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a certain period.
  • Where delivery has started with the explicit consent of the consumer before the cooling-off period has expired.
  • Related to betting and lotteries.

Article 9 – The Price

• During the validity period specified 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.
• The entrepreneur may offer products or services with variable prices subject to fluctuations in the financial market, which the entrepreneur cannot control. Such fluctuations and the fact that any stated prices are guide prices will be indicated in the offer.
• Price increases within three months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
• Price increases after three months are only allowed if the entrepreneur has agreed to this and:
  • They result from legal regulations or provisions; or
  • The consumer has the right to terminate the contract from the day the price increase takes effect.
• Prices mentioned in the offer are inclusive of VAT.
• All prices are subject to printing and typesetting errors. The entrepreneur accepts no liability for the consequences of printing and typesetting errors.
  
  

  Article 10 – Conformity and Warranty

  • The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable legal regulations and/or government directives existing at the date of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  • Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
  • Any defects or incorrect deliveries must be reported to the entrepreneur in writing within fourteen days of delivery. Returned products must be in their original packaging and in new condition. The warranty period provided by the entrepreneur aligns with the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer or 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 handled carelessly or in violation of the entrepreneur's instructions and/or packaging.
    • The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

  Article 11 – Delivery and Execution

  • The entrepreneur will handle the receipt and execution of orders for products with the utmost care.
  • The place of delivery is the address provided by the consumer to the company.
  • Subject to the provisions in Article 4 of these terms and conditions, the company will process accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation. In the event of cancellation as per the previous sentence, 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 a ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. This will be clearly communicated at the time of delivery. The right of withdrawal does not apply to replacement items. Costs for any return shipment will be 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 previously designated representative, unless explicitly agreed otherwise.

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

  • Termination

    • The consumer may terminate an agreement that is concluded for an indefinite period and involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement for a fixed term involving the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
    • The consumer may terminate the aforementioned agreements:
      • At any time and is not limited to termination at a specific time or within a certain period;
      • At least in the same manner as the agreement was entered into;
      • Always with the same notice period as the entrepreneur has set for themselves.

  • Renewal

    • An agreement for a fixed term involving the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term. However, an agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed term of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
    • An agreement for a fixed term involving the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or up to three months for agreements involving less frequent deliveries of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular introductory delivery of 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 terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the end of the agreed term.

  Article 13 – Payment

  • Unless agreed otherwise, amounts owed by the consumer must be paid within 7 days after the end of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  • The consumer is obliged to immediately report any inaccuracies in the provided or indicated payment details to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs previously communicated to the consumer.

  Article 14 – Complaints Procedure

  • Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days of discovering the defects, fully and clearly described.
  • Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a receipt acknowledgment and an indication of when the consumer can expect a more detailed response.
  • If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to dispute resolution procedures. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.

  Article 15 – Disputes

  • Agreements 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.