SALES CONDITIONS ZEE

The present sales conditions (hereinafter the “Sales Conditions”) can be found on the website www.zee.be (hereinafter the “Website”). 

The Website is provided by:
ZEE BVBA
Hoekstraat 76
9080 Lochristi
VAT number: BTW-BE 0550.466.684

Email: info@zee.be
Telephone: +32 496 309 313

(Hereinafter: “ZEE” or “we”);

1. Definitions and application of the Sales Conditions

For the purposes of these Sales Conditions, the following definitions shall have the following meanings:

• “Consumer”: any Purchaser who is a natural person and who is exclusively acting for purposes which can be regarded as outside his trade or profession.
• “Purchaser”: any natural or legal person who enters into a contractual relationship of any kind with ZEE, regardless the nature of this contractual relationship.
•  “Product” or “Products”: all goods that are the subject matter of a Sales Contract as set out in (v).
• “Goods made to the consumer’s specifications”: non-prefabricated goods made on the basis of an individual choice of or decision by the Consumer.
• “Sales Contract”: any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof.

The Purchaser undertakes not to purchase the products on the Website with the sole purpose of reselling them.
These Conditions of Sale shall apply to all current and future sales of Products by ZEE to the Purchaser. The Purchaser accepts these terms as well as all other rights and obligations as stated on the Website by using the Website.

The present Conditions of Sale shall be always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid insofar as it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these Conditions of Sale.

ZEE reserves the right to amend and/or supplement the General Conditions of Sale in the future. A future change will obviously have no effect on existing product orders and the resulting agreements.

Together with the Disclaimer and the Privacy Statement, these Sales Conditions constitute the General Terms and Conditions of ZEE (hereinafter the “Terms and Conditions”). The Terms and Conditions can be consulted in Dutch, French and English. In case of a discrepancy between the different versions, the Dutch version prevails.

2. Conclusion of the agreement

ZEE takes considerable care when providing online information about the features of the Products, including the used materials, the form and the manufacturing methods. This is done, among other things, through technical descriptions and photographs illustrating the products. This entirely in so far as allowed by the technical means. The images displayed on our website provide an approximate representation of the substantial features of our Products. Certain non-substantial features of a Product may differ from the photos and descriptions displayed on the Website.

Every offer on our Website has to be interpreted as an invitation to the Purchaser to make the purchase. Such an offer can therefore not be regarded as a binding offer from ZEE vis-à-vis the Purchaser. Moreover, an offer is only valid while stocks last. ZEE reserves the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these conditions are only applicable when explicitly communicated prior to the order placement.

To purchase a product from the ZEE range, the Purchaser must complete an online ordering method. 
This product order is binding for the Purchaser. ZEE will contact the Purchaser at the latest within seven (7) calendar days after the product order via an email to the email address provided by the Purchaser. 
The confirmation of the product order is considered to be the date of conclusion of the Sales Contract.

ZEE reserves the right to, at any time, decide not to send a confirmation or to reject the product order by means of an explicit statement. If the initial order cannot be executed or can only be partially executed, ZEE will inform the Purchaser and will (where possible) propose a similar product. There is no Sales Contract if ZEE refuses the product order or if the Purchaser does not agree with the proposed alternatives. In such case, the Purchaser is not entitled to any form of compensation.

In accordance with the Belgian Code of Economic Law parties explicitly acknowledge that a valid agreement can be concluded through electronic means of communication. ZEE can use all electronic files at her disposal, within the limits laid down by law, to prove the agreement. A normal, digital or electronically qualified signature is no essential requirement of proof.   

3. Pricing

All prices are indicated in EURO and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs (cf. payment methods). ZEE will communicate these costs in the last step of our online ordering process.

The Purchaser owes the price which ZEE has communicated to the Purchaser in her order confirmation in accordance with article 2 of the present Sales Conditions. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by ZEE after the conclusion of the sales contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.

ZEE has the right to change our prices at any time but commit to always apply the prices that was indicated on our website at the time of your order. Price changes that are due to changes in VAT rates will, however, still be borne by the Purchaser.

4. Payment terms

Each payment is handled promptly and completely, i.e. when the Purchaser places his order. ZEE accepts the following payment methods:

• VISA
• Mastercard

ZEE can decide to expand the abovementioned payment methods in the future. An expansion of the payment methods will be communicated via the Website.

ZEE takes all reasonable measures to ensure safe payments. The use of the above mentioned authorized payment partners and credit card issuers provides the necessary guarantees. We make use of the secured payment system of Stripe for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL-protocol are provided.
ZEE shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. ZEE always retains ownership of all products ordered until full payment of all amounts due under this agreement has been made, regardless whether the delivery has already occurred.

 

5. Delivery of the Products

5.1 Term of delivery
ZEE strives to process every product order as soon as possible and to deliver the ordered Product(s) within 14 days, if possible. The deadline for a delivery is thirty (30) days after the receipt of the product order, unless another time of delivery has been agreed. Should ZEE fail to deliver the Products on the time agreed with the Purchaser or within the thirty (30) days, the Purchaser requests to accomplish the delivery within an additional period which is appropriate given the circumstances. Should ZEE fail to deliver within the additional period, the Purchaser will have the right to terminate the agreement. In such a case of termination, ZEE will refund all sums paid as soon as possible and at the latest within fourteen (14) days after the termination of the agreement. The exceeding of the delivery period cannot give rise to any other compensation.   
When ZEE is temporarily unable to manufacture the Product ordered by the Purchaser (e.g. because the requested material is temporarily out of stock), ZEE will inform the Purchaser accordingly. The delivery period is suspended at that time and shall recommence when ZEE is able to manufacture the Products concerned.

5.2 Responsibility for the delivery
ZEE uses reliable external parties, namely DPD, TNT and Dachser. ZEE reserves the right to rely on more, less or different external parties in the future. The Purchaser is aware that the involvement of third parties may have an effect on the delivery. Should a certain sent Product not be delivered, an investigation will immediately be carried out with the party responsible for the delivery.  This can take up to several days and does not give rise to a refund or another shipment. ZEE assumes no responsibility for a delivery arriving late at the address indicated by the Purchaser or for the loss of a delivery, should this be the result of actions of the party responsible for the delivery, actions of thirds, unforeseen circumstances or force majeure.
The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.

5.3 Transfer of the risk
ZEE bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the goods shall pass from ZEE to the Purchaser as soon as the Purchaser or a third party designated by the Purchaser takes delivery of the Products ordered. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.

6. Warranty for defects and complaints procedure

6.1 Application conditions
The statutory warranty period, as provided in Articles 1641 to 1649 of the Belgian Civil Code, is fully applicable to these Sales Conditions. Each Purchaser is consequently entitled to repair or replacement if he finds a defect in the delivered products, to the extent that the requirements of the legal warranty are satisfied. In case the Purchaser is a Consumer, a statutory warranty period of two (2) years applies. The warranty is not applicable if the Purchaser was aware of the defects at the time of the sale. Additional commercial warranties are always possible in accordance with the conditions concerned.
The warranty is not applicable in case of:
Damage caused by normal wear and tear; accidental or intentional changes caused by the Purchaser to the product, including improper and incorrect use; exposure to moisture, fire, earthquake or other external causes.
Damage caused by an installation and use in a way which is not in accordance with the instructions and information given.

6.2 Complaints

The Purchaser or the third party designated by the Purchaser is required to examine the Products accurately on their conformity as soon as the Products are received. If the Product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. The Purchaser shall communicate these complaints towards ZEE in a written statement and in an explicit, unambiguous and motivated manner. This must be done within seven (7) days upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently.
The Purchaser must send the defective Products back to ZEE in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. 
Any deficiency in this obligation will imply a proportional reduction in the repayment. All costs for return shipment shall be borne by the Purchaser. Sending back an order is always at risk of the Purchaser. ZEE recommends a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done at the latest within seven (7) calendar days after the communication. In the absence of a motivated complaint, the Purchaser is not entitled to return the Products.

6.3 Repair

If the abovementioned conditions are met, the Purchaser is, in the first place, entitled to a repair or replacement free of charge, depending on the situation. Only when the repair or replacement is excessive or impossible or cannot be performed within a reasonable period, the Purchaser has the right to a full or partial refund. The Purchaser will have to provide a clear and valid motivation. The refund van never exceed the amount invoiced to the Purchaser.

If the Products are wrongfully returned because the abovementioned conditions have not been met, ZEE will resend them to the Purchaser. The costs of this return are borne by the Purchaser. In such a case, ZEE is free to store the Products with third parties for the account an at the risk of the Purchaser, and this for as long as the costs of the return have not been paid.

7. Right of withdrawal

7.1 When is the Consumer entitled to a Right of Withdrawal?

The consumer enjoys a right of withdrawal, in accordance with article VI.47 Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the contract within fourteen (14) calendar days after the delivery of the Product. No required motivation or penalty fee is applicable. ZEE does welcome your feedback in order to improve our services.  

However, the Consumer has no right of withdrawal in case of a delivery of Goods made to the consumer’s specifications or goods which are clearly intended for a specific person (Article VI.53.3° of the Belgian Code of Economic Law). This means that a Consumer has no right of withdrawal with regard to customized Products.

If the Consumer applies his right of withdrawal in conformity to the legal conditions, ZEE will take care of the reimbursement of the amount actually paid for the Product within fourteen (14) calendar days. 
The reimbursement will be carried out through the same payment method the Consumer used for the initial transaction, unless the Consumer expressly agrees otherwise. No fee will be charged for the reimbursement.
Attention: ZEE does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.

How to exercise the Right of Withdrawal?

The consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days starting from the day of the physical receipt of the goods.

It is up to the consumer to prove that he can rely on his right. The following information must always be clearly communicated:
the date of order, date of receipt and the date on which the right of withdrawal is used;
Name and address of the Consumer;

Signature of the Consumer.

The Consumer must remand the Products to ZEE as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The return shipment can only be done by manner of an authorized carrier. In any case, the Consumer will bear all costs and risks of remand. 
ZEE may suspend the reimbursement until receipt of evidence by the Purchaser that the Products have been returned.

The Purchaser is liable for any diminished value of the Products resulting from the handling of the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products. ZEE is entitled to charge the costs of the impairment in proportion to the repayment.

The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. ZEE undertakes to clearly communicate its motives to the Consumer.

8. Liability

ZEE pays takes considerable care when finishing the Products and when making the Products safe. ZEE can in no case, however, be held liable for any damage arising from an incorrect use of the Products, including injuries of the pet of the Purchaser.

9. Force majeure

Force majeure exists if ZEE is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. ZEE is in that case not obliged to fulfil its obligations. ZEE may suspend its obligations for the duration of the force majeure.

10. Intellectual property

ZEE retains all intellectual property rights and all related rights with regard to the Products and the trade names. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. 
The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the Product.

11. Processing of personal data

The details the Consumer provides are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts. Failure to provide these details will result in the immediate cancellation of your order. Communicating incorrect or false information is contrary to the present Conditions of Sale. Purchaser’s personal data are exclusively processed in accordance with the applicable Privacy Policy, which can be consulted via our Website.

12. Applicable law and competent court

All offers and agreements are exclusively governed by Belgian law. The Vienna Sales Convention is hereby expressly precluded. Any dispute arising under or relating to offers or concluded agreements shall come under the jurisdiction of the competent court of the judicial district of Antwerp.

13. Out of court dispute resolution

In accordance with Book XVI of the Belgian Code of Economic Law, parties the possibility of amicably settle a dispute concerning the Sales Conditions and/or to submit the dispute to the Consumer’s Ombudsman’s office. More information about this can be found on the website http://www.consumentenombudsdienst.be/nl/.  

© 2017 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information (Sales Conditions, Disclaimer, Cookie Statement and Privacy Statement) is protected under copyright legislation, which means that this information may not be reproduced or distributed without the previous and written permission of deJuristen (contact@dejuristen.be). deJuristen thus retains all relevant intellectual property rights.