Terms of Service

Article 1 - Definitions
In these circumstances, the following terms have the following meaning: "
cooling off period": the period within which the consumer can exercise 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 contract with with the trader;
day": a calendar day "
Long-term activity" is a distance contract for a series of goods and/or services, the delivery and/or purchase obligation of which extends over a certain period of time;

"Durable data carrier" means any means that enables the consumer or the trader to store information addressed to him personally in such a way that subsequent verification and unchanged reproduction of the stored information is possible. Right of withdrawal ": the possibility for the consumer to terminate the distance contract within
the cancellation period;
Entrepreneur": the natural or legal person who offers goods and/or services to consumers at a distance;
distance contract: a contract in which one or more means of distance communication are used exclusively in a system used by the entrepreneur for the distance selling of goods and/or services organized until the conclusion of the contract;
telecommunications technologies: means that can be used to conclude contracts without the consumer and entrepreneur having to be in the same room at the same time.
General conditions: general conditions of the entrepreneur in force.

Article 2 - Identity of the contractor
Company name: Zenith Beyond
Email address: Info@zenithbeyond.com

Article 3 - Application
These general terms and conditions apply to every offer made by the trader and to every distance contract and every order concluded between the trader and the consumer.
Before the contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be pointed out before the conclusion of the contract that the general terms and conditions can be viewed at the business premises of the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, with the exception of 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 it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the contract where the general terms and conditions can be viewed electronically and that they will be sent free of charge by electronic or other means at the consumer's request.
In the case of certain product or service conditions, paragraphs 2 and 3 apply mutatis mutandis to these general conditions and the consumer can always rely on the applicable provision most favorable to him in the event of conflicting general conditions. Conditions. Is.
If at any time any provision of these conditions is wholly or partially ineffective or void, the contract and these conditions will remain in force and the provision in question will be replaced immediately by mutual agreement with a provision that comes as close as possible to the purpose of the original one.

 

Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur has the right to change 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 correctly evaluate the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot give rise to any compensation or cancellation of the contract.
The product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains such information that the consumer is informed of the rights and obligations associated with accepting the offer. This applies in particular to:
the price including taxes,
the possible shipping costs
, the way in which the contract is concluded and the steps required for this;
whether the right of withdrawal applies
to the method of payment, delivery and fulfillment of the contract;

the condition for accepting the offer or the period for which the entrepreneur guarantees the price;
the tariff level for distance communication, if the costs of using the distance communication technology are calculated on a basis other than the usual basic tariff for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how it can be viewed by the consumer;
the manner in which the consumer can check and, if necessary, correct the information provided by him under the contract before the conclusion of the contract;
other languages ​​in which the contract can be concluded, other than Dutch;
the codes of conduct followed by the trader and the way in which the consumer can read those codes of conduct electronically; and
the minimum term of the distance contract for a long-term transaction.
Optional: available sizes, colors, material type

 

Article 5 - The contract
Subject to the provisions of paragraph 4, the contract is concluded the moment the consumer accepts the offer and fulfills the relevant conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure electronic data transmission and to ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur takes appropriate security measures.
The trader can inquire - within the legal limits - whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request with reasons or to impose special conditions for performance.
The entrepreneur must provide the consumer with the following information about the product or service in writing or in such a way that it can be stored on a durable medium in a manner accessible to the consumer:

1. the address of the trader's establishment to which the consumer can address his complaints;
2. the conditions and manner in which the consumer can exercise his right of withdrawal or a clear indication of the exclusion of the right of withdrawal; and
3. Information about warranties and existing customer services
4. the information referred to in Article 4(3) of these General Terms and Conditions, unless the trader has already provided this information to the consumer before entering into the contract;

the conditions for terminating the contract if the contract has a term of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Any contract is concluded on the condition that the products in question are sufficiently available.

 

Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This withdrawal period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.
During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - as far as reasonably possible - in its original condition and packaging to the entrepreneur in accordance with the entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur of this within 14 days of receiving the goods. The consumer must communicate this in the form of a written notice/e-mail. After the consumer has indicated that he wants to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that he has returned the delivered goods on time, e.g. B. through proof of shipping.
If the customer has not declared that he wants to exercise his right of withdrawal after the deadlines specified in paragraphs 2 and 3 have expired, or if the goods are not returned to the entrepreneur, the purchase is deemed to have been made.

 

Article 7 - Cancellation costs
If the consumer exercises his right of cancellation, he will bear the costs of the return.
If the consumer has paid an amount, the entrepreneur will refund this amount as quickly as possible, but no later than 14 days after the cancellation. The prerequisite is that the goods have already been received by the online retailer or conclusive proof of the complete return can be presented.

 

Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has made this clear in the offer at least in good time before the contract is concluded.
An exclusion of the right of withdrawal is only possible for products:
1. which the entrepreneur has manufactured according to the consumer's specifications;
2. that are clearly personalized;
3. which are not revocable due to their nature;
4. which can spoil or age quickly;
5. if the price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
6. for loose newspapers and magazines;
7. for audio and video recordings and software opened by the consumer.
8. for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
1. for accommodation, transport, meals or leisure activities that are to be provided on a specific date or within a specific period of time;
2. for deliveries that have already begun with the express consent of the consumer
3. in connection with games of chance and lotteries.

 

Article 9 - Price
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Deviating from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that the prices quoted are guide prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are based on legal regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has decided to do so and:
1. they result from legal regulations or provisions; or
2. the consumer has the right to terminate the contract on the day the price increase comes into force.
The prices stated in the offer of products or services are exclusive of 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 contractor is not obliged to deliver the goods at the incorrect price.

 

Article 10 - Taxation

All prices on the website are exclusive of the applicable VAT rate. The consumer is responsible for paying sales tax and any import duties prior to receiving the product. All products are DAP (incoterm) shipped to the consumer from Asia.

The consumer is also responsible for contacting the postal courier service or customs.

 

 

Article 11 - Conformity and guarantee
The contractor guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations in force at the time of the conclusion of the contract are equivalent to. . If agreed, the entrepreneur also guarantees that the product is suitable for other than usual use.
A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The product must be returned in its original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is in no case responsible for the final suitability of the products for each individual application by the consumer, nor for the advice regarding the use or application of the products.

The guarantee does not apply if:
the consumer repaired and/or adjusted the delivered products himself or had them repaired and/or adjusted by a third party;
the delivered products were exposed to abnormal circumstances or were otherwise treated negligently or contrary to the instructions of the entrepreneur and/or the packaging;
The defect is due, in whole or in part, to regulations that the State has issued or will issue regarding the type or quality of the materials used.

 

Article 12 - Delivery and performance
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
In accordance with Article 4 of these General Terms and Conditions, the Company will execute accepted orders promptly and 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 be executed or can only be partially executed, the consumer will be informed of this within 30 days of the order. In this case, the consumer has the right to terminate the contract free of charge and claim compensation.

In the event of dissolution according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will attempt to deliver a replacement product. At the latest upon delivery, it will be clearly and transparently stated that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement items. The return shipping costs are borne by the contractor.
The risk of damage and/or loss of products lies with the contractor at the time of delivery to the consumer or the agent previously named and made known to the contractor, unless expressly agreed otherwise.

 

Article 13 – Lost or stolen packages
The contractor is not liable if the package is lost or stolen after the sender has confirmed delivery of the package.

Article 14 - Return by the carrier or abandoned packagesThe contractor is not liable for packages returned or left behind by the carrier, since the consumer has been notified if the delivery attempt has failed and the package must be collected from the parcel shop within the specified period or the package will be discarded.

Article 15 Return due to insufficient address

The Contractor is not obliged to refund the order if the order was returned by carrier to the insufficient address (missing house number or telephone number on the order), as the order will be forwarded to a disposal facility.

Article 16 - Temporary legal transactions: duration, termination and renewal
Termination
The consumer may at any time terminate a contract concluded for an indefinite period, which extends to the normal supply of goods (including electricity) or the provision of services, subject to the agreed termination rules and a notice period of a maximum of one month.
The consumer may terminate a contract concluded for a specific period, which extends to the normal supply of goods (including electricity) or services, at any time before the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer is aware of the contracts referred to in the previous paragraph.

 

Article 17 - Payment
Unless otherwise agreed, the amount owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6 paragraph 1. If there is a contract for the provision of a service, this period begins on the day after the consumer receives confirmation of the contract.
The consumer is obliged to immediately report any inaccuracies in the payment data provided or communicated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to invoice the reasonable costs communicated in advance by the customer.

 

Article 18 - Redress procedure
Complaints about the execution of the contract must be addressed to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints addressed to the entrepreneur will be answered within 14 days 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 exists and is subject to dispute resolution.
A complaint does not suspend the Contractor's obligations unless the Contractor states otherwise in writing.
If a complaint proves to be justified, the entrepreneur will, at his own discretion, replace or repair the delivered goods free of charge.

 

Article 19 - Disputes
Only Dutch law applies to contracts between the entrepreneur and the consumer to whom these general conditions apply. Even if the consumer lives abroad.

 

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