General Terms and Conditions
Article 1 – Definitions In these conditions, the following terms shall have the following meanings: Reflection period: the period within which the consumer can make use of his right of withdrawal; Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur; Day: calendar day; Duration transaction: a distance contract relating to a series of products and/or services, of which the supply and/or purchase obligation is spread over time; Durable data carrier: any instrument that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period; Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement; Distance communication technique: a means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time. General Terms and Conditions: the current General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: ProductionD
Company address: Fuchiastraat 14B 3202BH Spijkenisse
support@zoriva-oxford.com
Chamber of Commerce number: 84486775 VAT
identification number: NL003968570B89
Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders 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, before the distance contract is concluded, the entrepreneur will indicate that the general terms and conditions are available for inspection and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request. If the distance contract is concluded electronically, notwithstanding 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer upon request, either electronically or otherwise. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, 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 at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible. Situations not covered by 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 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 non-binding. The entrepreneur is entitled to modify 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 properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered.Obvious mistakes or errors in the offer are not binding on the entrepreneur. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of 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. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular: the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services regarding imports. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods; any shipping costs; the manner in which the agreement will be concluded and the actions required for this; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer; the way in which the consumer can check the data provided by them in connection with the agreement before concluding the agreement and, if necessary, rectify it; any other languages in which, besides 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 the event of a long-term transaction. Optional: available sizes, colours, type of materials.
Article 5 – The agreement The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur,The consumer may terminate 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 may – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for responsibly entering into 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 its execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: 1. the visiting address of the entrepreneur's establishment where the consumer can submit complaints; 2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; 3. information about guarantees and existing after-sales service; 4. the information included in
Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement; 5. 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. Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 6 – Right of Withdrawal When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the consumer, or a representative previously designated by the consumer and announced to the entrepreneur, receives the product. During the cooling-off period, the consumer shall handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its 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 obligated to notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur in writing or by 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 indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is final.
Article 7 - Costs in case of withdrawal If the consumer exercises their right of withdrawal, the costs of returning the products are for the consumer's account. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or 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 applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: 1. that have been created by the entrepreneur according to the consumer's specifications; 2. that are clearly personal in nature; 3. that cannot be returned due to their nature; 4. that can spoil or become obsolete quickly; 5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; 6. for individual newspapers and magazines; 7. for audio and video recordings and computer software of which the consumer has broken the seal. 8. for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: 1. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; 2. the provision of which has begun with the express consent of the consumer before the cooling-off period has expired; 3. relating to bets and lotteries.
Article 9 – The price During the period of validity 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.By way of exception to the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within three months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 1. they are the result of statutory regulations or provisions; or 2. the consumer has the authority to terminate the agreement with effect from the date on which the price increase takes effect. Pursuant to Article 5, paragraph one, of the Turnover Tax Act 1968, the place of delivery is the country where the transport commences. In this case, this delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, the entrepreneur will not charge 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 or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition. The entrepreneur's warranty period 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 has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and execution The entrepreneur will exercise the utmost care when receiving and executing orders for products. The place of delivery is the address that the consumer has provided to the company. Taking into account the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without penalty and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The delivery of a replacement item will be clearly and comprehensibly communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are 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 announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension Termination The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services,at any time towards the end of the fixed term, taking into account 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 cancel in the same manner as they were entered into by him; always cancel with the same notice period as the entrepreneur has stipulated for himself. Extension An agreement entered into for a fixed term and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and which extends to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement provides for the regular, but less than monthly, delivery of daily newspapers, news and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines as a trial subscription (trial or introductory subscription) will not be tacitly 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 reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start 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 commences after the consumer has received confirmation of the agreement. The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure Complaints about the performance of the agreement 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure. 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 its discretion, 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 exclusively governed by Dutch law, even if the consumer resides abroad.
Article 16 - CESOP Due to the measures introduced and strengthened from 2024 onwards in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)" and thus the implementation of the Central Electronic System for Payment Information (CESOP), payment service providers may register data in the European CESOP system.Article 16 - CESOP Due to the measures introduced and strengthened from 2024 onwards in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)" and thus the implementation of the Central Electronic System for Payment Information (CESOP), payment service providers may register data in the European CESOP system.Article 16 - CESOP Due to the measures introduced and strengthened from 2024 onwards in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)" and thus the implementation of the Central Electronic System for Payment Information (CESOP), payment service providers may register data in the European CESOP system.