General conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
• Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unchanged reproduction of the stored information possible;
• Right of withdrawal: the option for the consumer to cancel 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 between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
• Means of distance communication: a tool that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

• Company name: Zefrain The Label
• Customer service email: info@getzefrain.com
• Location: De entree 201, 1101 HG Amsterdam (No visit/return address)

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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 can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it 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 viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

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

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

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

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

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

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

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.

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

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

• The price, excluding customs clearance costs and import VAT. These additional costs will be borne by the customer. The postal or courier service will use the special arrangement for postal and courier services regarding import. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal or courier service collects VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
• Any shipping costs;
• The method by which the agreement will be concluded and which actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and execution of the agreement;
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• The rate for distance communication if the costs for using the technology for distance communication are calculated on a basis other than the regular base rate for the communication medium used;
• Whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
• The way in which the consumer, before concluding the agreement, can check the data provided by them under the agreement and, if desired, correct them;
• Any other languages in which, in addition to Dutch, the agreement can be concluded;
• The codes of conduct to which the entrepreneur has submitted 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 long-term transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of 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 contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur can, within the legal framework, ascertain whether the consumer can fulfil their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of 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 with reasons, or to attach special conditions to the execution.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• The visit address of the entrepreneur's business where the consumer can lodge complaints;
• The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• The information about guarantees and existing after-purchase service;
• The data included in Article 4, paragraph 3 of these conditions unless the entrepreneur has already provided this data to the consumer before executing the agreement;
• 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 only applies to the first delivery.

Each contract is entered into under the suspensive condition of sufficient availability of the respective products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period commences on the day after receiving the product by the consumer or a pre-designated representative notified to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will 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 their right of withdrawal, they are required to notify the entrepreneur within 14 days of receipt of the product. The consumer must do so by sending a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by means of proof of shipment.

If the consumer has not expressed their wish to exercise their right of withdrawal within the terms mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the web retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the 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 only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.

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 can spoil or age quickly;
• Whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
• For single newspapers and magazines;
• For audio and video recordings and computer software, where the consumer has broken the seal;
• For hygienic products where the consumer has broken the seal.

Article 9 – The price

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

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after concluding the contract are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after concluding the contract are only allowed if the entrepreneur has stipulated this and:

• They result from statutory regulations or provisions; or
• The consumer has the right to terminate the contract on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

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

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in effect on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for 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 based on the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months 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 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 handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing 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.

Taking into account the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at least within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.

In the event of dissolution under the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The fact that a replacement item is being delivered will be stated in a clear and understandable manner at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of 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 pre-designated representative notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, cancellation, and extension

Cancellation:

• The consumer can cancel a contract concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
• The consumer can cancel a contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period with due observance of the agreed cancellation rules and a notice period of no more than one month.
• The consumer can cancel the agreements mentioned in the previous paragraphs:
  • At any time and not be limited to cancellation at a specific time or in 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.

Extension:

• A contract entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
• In deviation from the previous paragraph, a contract entered into for a definite period and that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can cancel this extended contract at the end of the extension with a notice period of no more than one month.
• A contract entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel 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 event that the agreement extends to the regular, but less than monthly, 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 can cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

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 referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.

The consumer has the obligation to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

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

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication 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.

In the event of complaints, a consumer must first turn to the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer can turn to a disputes committee to which the entrepreneur is affiliated.

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 discretion, either 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 exclusively governed by Dutch law.

Even if the consumer resides abroad, Dutch law applies to the contract.

The Vienna Sales Convention does not apply.