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General terms and conditions

Article 1 Definitions
1. In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise.

    Consumer: an other party who is a natural person
    Agreement: the agreement between Zizzoo and the consumer;
    Zizzoo.be: name of the internet shop of Zizzoo
Article 2 General

1. These conditions apply to every offer, tender and agreement between Zizzoo and the consumer on which Zizzoo has declared these conditions applicable, insofar as these conditions have not been expressly departed from in writing by both parties.
2. These terms and conditions are also applicable to agreements with Zizzoo, for the execution of which third parties should be involved.3. Possible deviations from these general terms and conditions are only valid when explicitly agreed upon in writing.


Article 3 Offers

1. All our offers are to be considered as invitations to the potential consumer to make an offer. They are therefore not binding on us in any way whatsoever, unless the contrary has been explicitly and unambiguously stipulated in writing in the offer itself. The order given to us shall be considered an offer, which is only deemed to have been accepted by us after written confirmation from us (the so-called order confirmation). If no term is indicated, offers made by us shall be valid for 8 days from the date of the offer. Orders are accepted and checked afterwards, in case of possible mistakes in the pricing or force majeure the seller can cancel the order and inform the client accordingly. Any amounts already paid will be refunded to the buyer within 5 days upon presentation of the buyer's payment details.
2. The content of leaflets, printed matter etc. is not binding on us, unless it is explicitly referred to in writing in the agreement.


Article 4 Realisation of the agreement

1. The agreement is concluded by timely acceptance by the consumer of Zizzoo offer.


Article 5 Delivery

1. Unless otherwise agreed upon, delivery will take place from the shop/warehouse of Zizzoo.
2. The delivery times mentioned by us start from the day the agreement is concluded, (provided that all data necessary for the execution of the order is in our possession) and, if and insofar as it concerns deliveries outside Belgium, we have received payment of the purchase price (unless explicitly agreed otherwise).
3. The consumer is obliged to take delivery of the purchased goods at the moment at which they are at his disposal or are handed over to him.
4. The items are delivered within Belgium, provided they are in stock and it has not been agreed otherwise in writing, no later than 30 days after the day on which the agreement came into being, except for once stockage problem or the stipulation in article 15 of these general terms and conditions (force majeure). The goods are delivered outside Belgium, provided that they are in stock and have not been agreed otherwise in writing, no later than 60 days after the day on which the agreement has been concluded and we have received payment of the purchase price, such subject to the provisions of Article 15 of these general terms and conditions (force majeure). Delivery times shall be extended by the time during which the consumer has failed to pay any amount due after it has become due and payable. In the event of late delivery, we must therefore be given notice of default by registered letter.
5. If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the articles destined for delivery will be stored at the risk of the consumer after Zizzoo has notified him. In that case the consumer will owe all additional costs.
6. If Zizzoo and the consumer agree on delivery, delivery of purchases will take place as follows unless otherwise agreed.
7. If Zizzoo needs data from the Consumer in order to execute the Agreement, the delivery time shall start after the Consumer has provided these data to Zizzoo.
8. When Zizzoo has stated a delivery time, this is indicative. Therefore the delivery time stated is never a deadline. The final delivery time will however never exceed the delivery time mentioned with more than one week, unless in case of force majeure. In case of exceeding a term the consumer should declare Zizzoo in default in writing by standard mail.
9. Any return shipment to us should always be carriage paid, stating the reasons: in case of non-compliance with these conditions we are entitled to refuse the return shipment and/or return it at the cost of the consumer. A return shipment is at the expense and risk of the consumer.
10. Zizzoo reserves at all times the right in case of a shortage of stock of certain articles to send a credit note to the buyer for the same amount as the value of the missing articles. This credit can at all times and only through the webshop (Zizzoo.be) be exchanged by the buyer for a next order.


Article 6 Cooling-off period

1. The consumer shall be entitled to dissolve the agreement within a period of thirty (30) working days after delivery of the goods, without giving reasons. The consumer is then obliged to return the goods to us without delay. The costs of returning the goods shall be borne by the consumer. Opened packages cannot be returned.
2. The consumer is obliged - on penalty of forfeiting the right to complain - to test the goods delivered by us (or have them tested) within three days of delivery. If during the test it appears that there is an erroneous delivery and/or defects to goods that are externally visible, the consumer is obliged to inform us as soon as possible (within 3 days) after delivery by registered mail. This should be done by registered letter, containing an accurate description of the complaint and stating the invoice with which the goods concerned were delivered.
3. Defects that were not externally visible at the time of delivery and testing must be notified to us by the consumer within 7 days after these defects come to light, in the manner stated in the previous paragraph.
4. Every right of claim of the consumer towards us, related to defects in the goods delivered by us, lapses if - the defects have not been brought to our attention within the periods stipulated in this article (in paragraph 1, 2 and 3) and/or not in the manner indicated there; - the consumer does not cooperate with us, or cooperates insufficiently, with regard to an investigation into the validity of the complaints; - the consumer has used the goods contrary to the regulations, or at least in a way that is not normal;
5. 5. Complaints concerning prices and the invoice must be submitted to us in writing within 8 days after delivery of the goods and/or the invoice date, failing which any claims the consumer may have against us in this respect shall lapse.
6. The submission of complaints shall not entitle the consumer to refuse receipt and/or payment of the goods or to suspend such receipt or payment.
7. The consumer should at all times give us the opportunity to repair a possible defect.
8. Defects caused by injudicious or incorrect use of the goods are not covered by the guarantee. We are not liable for this.


Article 7 Samples and Models

1. If Zizzoo has shown or provided a model or sample to the consumer, this is only informative and may differ from the actual article.


Article 8 Reservation of ownership

1. Zizzoo remains the full owner of the delivered goods until the purchase price has been paid in full. Upon full payment of the purchase price the ownership of the delivered goods is transferred to the consumer by operation of law.
2. We are at all times entitled to take possession of the goods that are in the possession of the consumer (or third parties), but which are our property, as soon as we can reasonably assume that there is a realistic chance that the consumer will not meet his obligations. The foregoing shall not affect our rights under ordinary law: in particular, we reserve the right to claim damages from the consumer after we have taken possession of the goods.


Article 9 Investigation and complaints

1. The consumer is obliged to examine the delivered goods, or have them examined, at the moment of delivery, but in any case within the shortest possible time. In doing so, the consumer must examine whether the quality and quantity of what is delivered corresponds to what was agreed, or at least meets the requirements that apply to it in normal (commercial) transactions.
2. Any visible shortcomings should be reported in writing within three days after delivery to Zizzoo, simultaneously handing over the original invoice and the defective good, unless this is impossible or unreasonably onerous.


Article 10 Transfer of risk

1. The risk of loss or damage of the products being the object of the agreement is transferred to the consumer at the moment that these are legally and/or actually delivered to the consumer and therefore brought under control of the consumer or a third party to be appointed by the consumer.


Article 11 Payment

1. The consumer is obliged to pay the purchase price using one of the payment methods offered on the website, unless otherwise agreed in writing. Orders placed outside the Netherlands can only be paid in advance by means of bank/giro or credit card.
2. The amounts owed by the consumer should be paid within fourteen days after placing the order, or if cash on delivery is chosen, immediately upon receipt of the order.
3. If a C.O.D. parcel is not received for any reason, it will be automatically returned by TPG post to our company after a period of 3 weeks. Zizzoo is then entitled to charge the consumer with interest and administration costs as well as the full costs of packing and sending.
4. Objections against the amount of the invoices do not suspend the payment obligation.
5. After the expiry of 14 days from the invoice date, the consumer shall be in default by operation of law; from the moment of entering default, the consumer shall owe an interest of 1% per month on the amount due and payable, unless the legal interest rate is higher, in which case the legal interest rate shall apply.
6. In case of bankruptcy, suspension of payment or receivership the claims of Zizzoo and the obligations of the consumer towards Zizzoo are immediately due and payable.
7. Zizzoo is entitled to have payments made by the consumer go first of all to reduce the costs, subsequently to reduce the interest and finally to reduce the principal sum and the current interest. Zizzoo may, without being in default, refuse an offer of payment, if the consumer designates another order of allocation. Zizzoo may refuse full repayment of the principal sum, if the arrear and current interest as well as the costs are not also paid at the same time.


Article 12 Suspension and dissolution

1. Zizzoo is authorized to suspend the compliance with its obligations or to dissolve the agreement, if: - The consumer does not or not fully comply with the obligations under the agreement. - After concluding the agreement circumstances obtained by Zizzoo give good ground to fear that the consumer will not fulfill his obligations. In case there are good reasons to fear that the Consumer will only partially or not adequately fulfill his obligations, suspension is only allowed as far as the shortcoming justifies this. - When concluding the contract, the consumer was requested to provide security for the fulfilment of his obligations under the contract and that this security is not provided or insufficient.
2. Furthermore Zizzoo is authorized to dissolve the agreement (have the agreement dissolved) if circumstances arise of such nature that performance of the agreement is impossible or according to standards of reasonableness and fairness can no longer be required or if other circumstances arise of such nature that unaltered maintenance of the agreement can not reasonably be expected.
3. If the agreement is dissolved the claims of Zizzoo on the consumer are immediately due and payable. In case Zizzoo suspends fulfilment of its obligations, it retains its claims under the law and the agreement.
4. Zizzoo always retains the right to claim damages.


Article 13 Collection costs

1. If the consumer remains in default for any reason whatsoever, the collection shall, after repeated notice of default, always be increased by reasonable collection costs. All judicial and non-judicial costs shall be at the expense of the consumer.
2. If Zizzoo proves that it has incurred higher costs, which were reasonably necessary, these costs too are eligible for reimbursement.
3. Any reasonable judicial and execution costs incurred are also to be borne by the consumer.
4. The consumer shall owe interest over the collection costs incurred.


Article 14 Liability

1. Only if the guarantee obligations in respect of goods delivered by us have not been taken on by third parties, can the consumer make (guarantee) claims on us as referred to in article 6 of these general terms and conditions. Our liability is in that case limited to defects resulting from manufacturing faults. Our liability is further limited to the amount for which we are insured in this respect.
2. If we are liable as referred to in the previous paragraph, we are only obliged to, at our discretion: a. repair the defects (free of charge), or b. deliver replacement items after receiving the defective items (back), or c. reimburse the purchase price received or credit the items sent to the consumer. crediting of the invoice sent to the consumer, with dissolution without judicial intervention of the agreement entered into, all insofar as the purchase price, the invoice and the agreement relate to the goods delivered, or d.a compensation to be determined in consultation with the consumer in another form than that referred to above.
3. If the consumer, without our explicit prior written consent, has made changes to the items or has had changes made to the items, any guarantee obligation on our part lapses.
4. Except for our possible obligation(s) by virtue of the above, we are never obliged to pay any damages to the consumer or others, unless there is intent or gross negligence on our part (to be demonstrated by the person holding us liable by legal means). We are furthermore not liable for consequential or trading loss, direct or indirect loss however called, including loss of profit and loss caused by standstill, suffered by the consumer, his subordinates and persons employed by him or by third parties, caused by whole or partial (re-)delivery of goods, delayed or faulty delivery or failure to deliver the goods or by the goods themselves. In particular, we are not liable for any damage whatsoever, which arises because legislation or regulations of the (foreign) country where the items are delivered and/or of the (foreign) country where the consumer lives or is established and/or of the (foreign) country where the items are used, deviate from the legislation or regulations in the Netherlands.
5. Subject to that which is stipulated in article 6, paragraph 1 of these general terms and conditions, the consumer is not entitled to return the goods in respect of which no well-founded complaint exists. If this nevertheless occurs without valid reasons, all costs related to the return are at the expense of the consumer. In that case we are free to store the goods at the expense and risk of the consumer.


Article 15 Force majeure

1. The parties shall not be bound to comply with any obligation if they are prevented from doing so as a consequence of a circumstance through no fault of their own and which is not for their account pursuant to the law, a juristic act or generally accepted practice.
2. In these general conditions force majeure is understood, besides the meaning of law and jurisprudence, as all external causes, foreseen or unforeseen, on which Zizzoo has no influence, but due to which Zizzoo is not able to fulfill its obligations. Industrial action in the company of Zizzoo is included.
3. Zizzoo is also entitled to invoke force majeure when the circumstance rendering (further) performance impossible, occurs after Zizzoo should have fulfilled its obligations.
4. Parties can suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, each party is entitled to dissolve the agreement without any obligation to pay damages to the other party.
5. In so far as Zizzoo has partially fulfilled its obligations under the agreement at the time of entering into force of force majeure or will be able to fulfill these obligations, and the fulfilled respectively to be fulfilled part has independent value, Zizzoo is entitled to separately invoice the fulfilled respectively to be fulfilled part. The consumer is obliged to settle this invoice as if it were a separate agreement.


Article 16 Disputes

1. The Commercial Court of Tongeren, or the Peace Court of Tongeren is exclusively authorized to take cognizance of disputes.
2. Parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.


Article 17 Applicable law

1. Belgian law is applicable to each agreement between Zizzoo and the consumer. The Vienna Sales Convention is expressly excluded.


Article 18 Modification and interpretation of the terms and conditions

1. In case of interpretation of the contents and purport of these general terms and conditions, the Dutch text will always be decisive.
2. The most recently filed version or, as the case may be, the version valid at the time the agreement was concluded, shall always apply.