Terms & Conditions
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the company.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the company to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Company: the natural person or corporation who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the consumer and the company have gathered together in the same place and at the same time.
Article 2- Corporate Identity/company
Zerba italia B.V.
Noordeinde 56
2514 GK Den Haag
Phone number: +31703647180
E-mail: info@zerba.nl
Chamber of commerce number: 54321514
VAT identification number: NL817405185B01
Article 3- Relevance
These general conditions/terms apply to any offer of the company and to every finalized distance agreement between company and consumer.
Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the company and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
Article 4- Offer
All products that the company offers for sale through its website are offered subject to the condition that the products are in stock with the company. The company strives to remove products that are no longer in stock from its website with due speed, however, it cannot guarantee that offered products are actually in stock.
All products that are offered for sale by the company through its website are offered subject to the condition that delivery shall take place within the European Union.
The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the company are true representations of the products and services. Price always includes tax.Obvious mistakes and errors do not bind the company.
The agreement can be concluded in Dutch and English.
Article 5- The Agreement
The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted electronically the offer, the company immediately confirms electronically that he has received the acceptance of the offer. As long as the company has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the company will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the company will observe the necessary security measures.
The company can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the company based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
Article 6- Right of Withdrawal
Deliverance of products:
After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product(s) or delivery to a person that has signed for the package on behalf of consumer.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and in the original conditioning and packaging to the company, in accordance with the provided reasonable and clear instructions of the company. In case of returning clothes he shall return with original price tags. Goods that are worn or no longer in original packaging (shoebox) or without original attached price tags can not be returned.
Deliverance of Services:
After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the company at the offer or finally at the deliverance of the service.
Article 7- Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product. The company may charge the direct shipping costs for returning an order in relation to the return possibility. Within the Netherlands these direct costs are €6,95 and within other EU countries these are the costs that local mail services may charge. Such direct costs will be deducted from the refund. The company will refund within 14 days after receipt of said email, provided the item(s) have been received by us. The refund will be issued through the same means of payment used during the purchase.
Article 8– Pricing
In case an offer has a limited term of validity, the prices of the offered products are not changed, except for price changes as a consequence of changes to VAT rates.
In case no validity period is stated, Zerba can change the prices of the offered products at all times.
In case a price increase is implemented on the day on which an order is placed, the lower price applies. In case a price reduction is implemented on the day on which an order is placed, the lower price applies as well.
Article 9– Conformity and Guarantees
Zerba guarantees that the products measure up to the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the realization of the agreement. The consumer can no longer invoke this guarantee after the expiry of the right of withdrawal period.
During two months after the date of delivery, Zerba also offers full guarantee on manufacturing faults.
A settlement offered by the company, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can apply on the basis of the law and/or the non-face-to-face agreement with regard to a shortcoming in the observance of the obligations of the company.
Article 10– Delivery and Execution
The company shall observe in utmost care the reception and execution of orders of products.
The address that has been made known by the consumer to the company is considered to be the delivery place.
Taking into account what is stated in article 4 of the general conditions/terms , the company shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost.
In the event of termination in accordance with the previous paragraph the company shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, the company shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the company. If the company can not deliver the product as it unexpectedly turns out to be out of stock entrepeneur will cancel the order and return the purchase price within 14 days. The company can not be held responsible for any costs other than the purchase price of the article(s) and shipping costs paid by consumer.
The risk of damage and/or loss of products rest with the company until the moment of delivery at the consumer or delivery to a person that has signed for the package on behalf of consumer, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: info@zerba.nl
Article-11 Payments
Unless otherwise agreed, the amounts owed by the consumer shall in any case be paid within 14 days after delivery of the product.
The consumer has the obligation to immediately report any inaccuracies in provided or stated payment details to the company.
In case of non-payment by the consumer the company has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
The receipt of the payment is confirmed to the consumer electronically.
Payment can take place via the payment possibilities provided on the website: iDeal, VISA and MasterCard.
Article 12– Complaints
The company features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the company after the consumer has observed the defects.
In case you have a complaint, please send an e-mail to: info@zerba.nl
The complaints submitted to the company will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the company will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
Article 13– Disputes
Dutch law exclusively applies to agreements between company and consumer whereupon these general conditions/terms are related to.
In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up to a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The ruling of this foundation is binding and both the consumer and the company accept this binding ruling.