Terms of Service

Article 1 – Definitions
In these Terms, the following terms have the following meanings:

Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
Consumer: a natural person who does not act in the exercise of a profession or business and enters into a distance contract with Bzalani;
Day: a calendar day;
Distance selling: a distance contract relating to various products and/or services, the delivery and/or purchase obligations of which are spread over time;
Durable medium: any device that allows the consumer or Bzalani to store information personally addressed to them in a way that makes this information available for future use in an unalterable form;
Right of withdrawal: the option for the consumer to withdraw from a distance contract within the withdrawal period;
Bzalani: a natural or legal person who supplies goods and/or services to consumers through a distance contract;
Distance contract: a contract in which, within the framework of a system for the distance sale of goods and/or services organized by Bzalani, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Distance communication technology: a means that can be used to conclude a contract without the consumer and Bzalani being in the same room at the same time;
General terms and conditions: the applicable general terms and conditions of Bzalani.

Article 2 – Identity of the entrepreneur

E-mail address:

Article 3 – Applicability
These general terms and conditions apply to every offer from Bzalani and to every distance contract concluded between Bzalani and the consumer.
These general terms and conditions will be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, it must be stated before the distance contract is concluded that the general terms and conditions can be viewed at Bzalani and that they will be sent free of charge as soon as possible at the consumer’s request.
Notwithstanding the previous paragraph, if the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically before the distance contract is concluded, in such a way that it can be read by the consumer and easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically, and they will be sent free of charge electronically or otherwise at the request of the consumer.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of a contradiction between the general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
If at any time one or more provisions of these General Terms and Conditions are or become invalid, in whole or in part, the other provisions of the contract and these General Terms and Conditions will remain in force, and that provision will be replaced without delay by mutual agreement with a provision that approximates the meaning of the original provision as closely as possible.
Situations that do not fall under these general terms and conditions will be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguity in the interpretation or substance of any provision of our Terms will be construed in accordance with the spirit of these Terms.

Article 4 – Offer
If the offer has a limited validity or is subject to conditions, this must be explicitly stated in the offer.
The offer is without obligation. Bzalani reserves the right to change and adapt the offer.
The quotation must contain a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable a proper assessment of the quotation by the consumer. If Bzalani uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Bzalani.
All images, specifications, and information contained in the quotation are indicative and cannot be used as a basis for the payment of any compensation or cancellation of the contract.
The product images are a true representation of the products offered. Bzalani cannot guarantee that the colors in the images exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what the rights and obligations are associated with acceptance of the offer. This applies in particular to:

The price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service must use the special arrangement for postal and courier services upon import. This arrangement applies when the goods are imported into an EU country of destination, as in this case. The postal and/or courier company will charge VAT (with or without customs clearance costs) to the recipient of the goods;
All shipping costs;
How the agreement will be implemented and what measures are required for this;
Whether or not the right of withdrawal applies;
Payment method, delivery, and execution of the contract;
The period for acceptance of the offer or the period within which Bzalani guarantees the price;
The amount of the telecommunications tariff if the costs of using a means of distance communication are calculated on a different basis than the standard rate for the means of communication used;
Whether the agreement is archived after it has been concluded and, if so, how the consumer can access it;
The way in which the consumer can check the information in the agreement before the agreement is concluded and correct it if desired;
All languages other than Dutch in which the agreement can be concluded;
The code of conduct that Bzalani follows and the way in which the consumer can access this code of conduct electronically;
The minimum duration of the distance contract in the case of an extended transaction.
Optional: available sizes, colors, and materials.

Article 5 – Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, Bzalani must immediately confirm the electronic acceptance of the offer.

As long as Bzalani has not confirmed receipt of acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, Bzalani will take appropriate technical and organizational measures to secure the electronic transmission of data and to ensure a safe online environment.

If the consumer has the option to pay electronically, Bzalani will take appropriate security measures.
Bzalani can – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this verification, Bzalani has reasonable grounds not to enter into the agreement, Bzalani has the right to refuse the order or request or to attach special conditions to the execution.

Bzalani must accompany the product or service with the following information, in writing or in such a way that the consumer can store it on a durable medium that is easily accessible:

The address of Bzalani’s branch where the consumer can file a complaint;
The conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal does not apply;
Information about warranties and current after-sales service;
The information referred to in Article 4(3) of these conditions, unless Bzalani has already provided this information to the consumer before the conclusion of the contract;
Requirements for termination of the contract if the duration of the contract is more than one year or if the contract is of indefinite duration.
In the case of an extended transaction, the previous paragraph applies only to the first delivery.
Each contract is subject to the availability of sufficient quantities of the relevant products.

Article 6 – Withdrawal
When consumers purchase products, they have the option to withdraw from the agreement within 14 days without giving reasons. The withdrawal period starts on the day after the consumer or the person appointed by the consumer and Bzalani to represent the consumer has received the product.

During the cooling period, the consumer must handle the product and packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he must return the product to Bzalani with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Bzalani.

If the consumer wishes to exercise his right of withdrawal, he must inform Bzalani within 14 days of receipt of the product. The consumer must inform Bzalani of this in writing/email. Once the consumer has informed Bzalani that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a postal receipt.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified his intention to exercise his right of withdrawal or has not returned the product to Bzalani, the purchase will be deemed to have taken place.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, he must pay the costs for returning the products.
If the consumer has paid a certain amount, Bzalani must refund this amount as soon as possible and at the latest within 14 days after the withdrawal from the contract. This is provided that Bzalani has already received the product or that sufficient evidence of the return can be provided.

Article 8 – Exceptions to the Right of Withdrawal
Bzalani may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if Bzalani has clearly stated this in the offer or, in any case, in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

That Bzalani has produced according to the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That can spoil or age quickly;
That have been subject to a limited price by Bzalani;
For individual newspapers and magazines;
For audio and video recordings and computer software that the consumer has unsealed;
For hygiene products where the consumer has broken the seal.

Article 9 – Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, Bzalani can offer products or services at variable prices, if these prices are subject to fluctuations in the financial market over which Bzalani has no influence. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if Bzalani has stipulated this and:

These are the result of statutory regulations or provisions; or
The consumer has the right to terminate the agreement on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Warranty
Bzalani warrants that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract.

If agreed, Bzalani also warrants that the product is suitable for other than normal use.

A warranty provided by Bzalani, the manufacturer, or the importer does not affect the legal rights and claims that the consumer may assert against Bzalani under the contract.

Article 11 – Delivery and Execution
Bzalani must take the utmost care in the receipt and execution of product orders and in the assessment of requests for the provision of services.

The place of delivery is the address that the consumer has given to Bzalani.
Subject to what is stated in Article 4 of these terms and conditions, Bzalani will execute accepted orders with appropriate speed but no later than 30 days unless a longer delivery period has been agreed upon.
If the delivery is delayed or if an order cannot or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without cost. The consumer is not entitled to compensation.

In case of dissolution in accordance with the previous paragraph, Bzalani will refund the amount paid by the consumer as soon as possible but at the latest within 14 days after the dissolution.

If the delivery of an ordered product proves impossible, Bzalani will strive to provide a replacement product. The fact that a replacement item is being delivered will be stated in a clear and understandable manner at the latest at the time of delivery. For replacement items, the right of withdrawal cannot be excluded.

The costs of return shipment are for the account of Bzalani.

The risk of damage and/or loss of products lies with Bzalani until the time of delivery to the consumer or a previously designated and announced representative unless expressly agreed otherwise.

Article 12 – Duration of Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract entered into for a definite period at any time towards 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 agreement at any time and is not limited to termination at a specific time or within a specific period.
Terminate the agreement in at least the same way as it was entered into.
Always terminate the agreement with the same notice period as Bzalani has stipulated for itself.

Extension

A contract entered into for a definite period and concerning the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
Contrary to the previous paragraph, a contract entered into for a definite period and concerning the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate the renewed contract towards the end of the extension with a notice period of no more than one month.
A contract entered into for a definite period and concerning the regular delivery of products or services may only be tacitly extended for an indefinite period if:
The consumer may terminate it at any time with a notice period of no more than one month.
In the case of regular delivery of daily news and weekly newspapers and magazines less than once a month, the notice period may be up to three months.
A contract with a limited duration for the regular supply of daily news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly extended and will end automatically at the end of the trial or introductory period.

Duration

If a contract lasts more than one year, the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness preclude termination before the agreed term ends.

Article 13 – Payment

Unless otherwise stated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the withdrawal period, or if no withdrawal period exists, within 14 days after the conclusion of the contract. For agreements concerning the provision of services, this period starts the day after the consumer receives the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never require the consumer to make an advance payment of more than 50%. If advance payment is agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

The consumer is obligated to immediately report any inaccuracies in the payment details provided to Bzalani.

If the consumer does not fulfill their payment obligation(s) on time, after being informed by Bzalani of the late payment and after being granted an additional 14-day period to meet their obligations, the consumer is liable for statutory interest on the amount due. Bzalani is entitled to charge the extrajudicial collection costs incurred. These collection costs are as follows: 15% for amounts up to €2,500, 10% for the next €2,500, and 5% for the next €5,000, with a minimum of €40. Bzalani may deviate from these amounts and percentages for the benefit of the consumer.

Article 14 – Complaints

The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.

Complaints about the implementation of the contract must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 15 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the consumer’s detriment 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 medium.