Terms of service

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in the Event of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Continuing Contracts: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the Consumer may exercise the right of withdrawal;
Consumer: a natural person who is not acting for purposes relating to trade, business, craft or profession and who enters into a distance agreement with the Entrepreneur;
Day: calendar day;
Continuing contract: a distance agreement relating to a series of products and/or services, for which the obligation to deliver and/or to purchase is spread over time;
Durable data carrier: any device that enables the Consumer or the Entrepreneur to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible;
Right of withdrawal: the Consumer’s option to rescind the distance agreement within the cooling-off period;
Model form: the model withdrawal form made available by the Entrepreneur which a Consumer can use when wishing to exercise the right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to Consumers at a distance;
Distance agreement: an agreement concluded within the framework of a system organised by the Entrepreneur for distance selling of products and/or services, whereby up to and including the moment the agreement is concluded, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used for concluding an agreement without the Consumer and the Entrepreneur having to be simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the Entrepreneur

ZenX Store
Friezenstraat 1C
5249 JT Rosmalen

Telephone number: +31 6 21309940
Email address: support@zenxstore.nl
Chamber of Commerce (KvK) number: 74654233
VAT identification number: NL003015507B43

Article 3 – Applicability

These General Terms and Conditions apply to every offer from the Entrepreneur and to every distance agreement and order concluded between the Entrepreneur and the Consumer.
Before the distance agreement is concluded, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, prior to the conclusion of the distance agreement it will be indicated where the General Terms and Conditions can be inspected at the Entrepreneur’s premises and that they will be sent free of charge to the Consumer as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these General Terms and Conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be provided to the Consumer by electronic means in such a way that the Consumer can easily store it on a durable data carrier. If this is not reasonably possible, the Consumer will be informed, before the agreement is concluded, where the General Terms and Conditions can be accessed electronically and that they will be sent free of charge by electronic or other means upon request.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs two and three shall apply accordingly, and in the event of conflicting conditions the Consumer may always rely on the provision most favourable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall otherwise remain in force and the relevant provision will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
Situations not regulated by these General Terms and Conditions are to be assessed “in the spirit” of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these 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 or amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If the Entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the Entrepreneur.
All images, specifications and data included in the offer are indicative and cannot be a reason for compensation or the dissolution of the agreement.
Product images are a truthful representation of the products offered. The Entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:
– the price including taxes;
– any shipping costs;
– the way in which the agreement will be concluded and what actions are 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 during which the Entrepreneur guarantees the price;
– the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate;
– whether the agreement will be archived after conclusion, and if so, how it can be consulted by the Consumer;
– the manner in which the Consumer, before concluding the agreement, can check and, if desired, rectify the data provided;
– any languages other than Dutch in which the agreement may be concluded;
– the codes of conduct to which the Entrepreneur has submitted and how the Consumer can consult these codes electronically; and
– the minimum duration of the distance agreement in the event of a continuing contract.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the Consumer accepts the offer and meets the conditions set out therein.
If the Consumer has accepted the offer by electronic means, the Entrepreneur shall promptly confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may dissolve the agreement.
If the agreement is concluded electronically, the Entrepreneur shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the Consumer can pay electronically, the Entrepreneur will take appropriate security measures to this end.
Within legal frameworks, the Entrepreneur may ascertain whether the Consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance agreement. If, on the basis of 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 shall provide the Consumer with the following information with the product or service, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:
– the visiting address of the Entrepreneur’s business where the Consumer can lodge complaints;
– the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
– information about warranties and existing after-sales service;
– the data referred to in Article 4 paragraph 3 of these conditions, unless the Entrepreneur has already provided this information to the Consumer prior to the performance of 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 continuing contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products

When purchasing products, the Consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the Consumer, or a representative designated by the Consumer and made known to the Entrepreneur, has received the product.
During the cooling-off period, the Consumer shall 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 the right of withdrawal, they will return the product with all supplied accessories 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 the right of withdrawal, they are obliged to notify the Entrepreneur within 14 days after receiving the product. Notification can be made by using the model form or by another means of communication such as email. After the Consumer has indicated that they wish to exercise the right of withdrawal, the product must be returned within 14 days. The Consumer must prove that the goods were returned in time, for example by means of proof of shipment.
If, after expiry of the periods referred to in paragraphs 2 and 3, the Consumer has not indicated that they wish to exercise the right of withdrawal and/or has not returned the product to the Entrepreneur, the purchase becomes final.

For delivery of services

In the case of services, the Consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
To exercise the right of withdrawal, the Consumer shall follow the reasonable and clear instructions provided by the Entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in the Event of Withdrawal

If the Consumer exercises the right of withdrawal, at most the costs of return shipping shall be borne by the Consumer.
If the Consumer has paid any amount, the Entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the retailer or conclusive proof of complete return can be provided. Refunds will be made using the same payment method that the Consumer used, unless the Consumer expressly agrees to a different method.
In the event of damage to the product due to careless handling by the Consumer, the Consumer is liable for any depreciation in value of the product.
The Consumer cannot be held liable for any depreciation in value of the product if the Entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 – Exclusion of the Right of Withdrawal

The Entrepreneur may exclude the Consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the Entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
– that have been made to the Consumer’s specifications;
– that are clearly of a personal nature;
– that, by their nature, cannot be returned;
– that can perish or age rapidly;
– whose price is subject to fluctuations on the financial market over which the Entrepreneur has no influence;
– for single issues of newspapers and magazines;
– for audio and video recordings and computer software whose seal has been broken by the Consumer;
– for hygiene products whose seal has been broken by the Consumer.
Exclusion of the right of withdrawal is only possible for services:
– relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
– whose performance has begun with the Consumer’s express consent before the cooling-off period has expired;
– relating to betting and lotteries.

Article 9 – 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.
In deviation from the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from 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 result from statutory regulations or provisions; or
– the Consumer is entitled to terminate the agreement as from 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 such errors. In the event of printing and typographical errors, the Entrepreneur is not obliged to deliver the product at the erroneous 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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the Entrepreneur also guarantees that the product is suitable for use other than normal use.
Any guarantee provided by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the Consumer may assert against the Entrepreneur under the agreement.
All products are subject to the statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.
Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 2 months of discovery.
The warranty does not apply if:
– the Consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
– the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or handled in conflict with the instructions of the Entrepreneur and/or on the packaging;
– the defect is wholly or partly the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The Entrepreneur will take the greatest possible care in receiving and carrying out product orders and in assessing requests for the provision of services.
The place of delivery is the address that the Consumer has made known to the company.
Subject to what is stated in paragraph 4 of this Article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be carried out, 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 dissolve the agreement free of charge. The Consumer is not entitled to compensation.
All delivery periods are indicative. The Consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the Consumer to damages.
In the event of dissolution in accordance with paragraph 3 of this Article, the Entrepreneur will refund the amount paid by the Consumer 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. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs are at the Entrepreneur’s expense.
The risk of damage to and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative designated by the Consumer and made known to the Entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Contracts: Duration, Termination and Renewal

Termination

The Consumer may terminate an open-ended agreement that was concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The Consumer may terminate a fixed-term agreement that was concluded for the regular supply of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The Consumer may:
– terminate the agreements referred to in the preceding paragraphs at any time and not be limited to termination at a specific time or during a specific period;
– at least terminate in the same way as they were concluded by the Consumer;
– always terminate with the same notice period as the Entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that was concluded for the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
By way of exception to the previous paragraph, a fixed-term agreement for the regular supply of daily newspapers, news and weekly papers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the Consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular supply of products or services may only be tacitly renewed for an indefinite period if the Consumer may terminate at any time with a notice period of no more than one month and with a notice period of no more than three months if the agreement is for the regular, but less than once a month, supply of daily newspapers, news and weekly papers and magazines.
A fixed-term agreement for the regular supply of daily newspapers, news and weekly papers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends 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, the amounts owed by the Consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6 paragraph 1. In the case of a service agreement, this period begins after the Consumer has received the confirmation of the agreement.
The Consumer has the duty to report inaccuracies in provided or stated payment details to the Entrepreneur without delay.
In the event of non-payment by the Consumer, the Entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously made known to the Consumer.

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 performance of the agreement must be submitted to the Entrepreneur within 2 months after the Consumer has discovered the defects, fully and clearly described.
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 an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed answer.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, the Consumer should first contact the Entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the Consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the Consumer has the option to have the complaint handled by the independent Disputes Committee appointed by Stichting WebwinkelKeur; its decision is binding, and both the Entrepreneur and the Consumer agree to this binding decision. Costs are associated with submitting a dispute to this committee, which must be paid by the Consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
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 option, 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 relate, even if the Consumer resides abroad.
The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these General Terms and Conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.