Article 1 General
1.1 These general terms and conditions of sale (hereafter referred to as “Terms and Conditions”) apply to all offers and agreements between Zifona onlineshop and a party to which Zifona onlineshop has declared these terms, insofar as these terms are not expressly expressly stated by the parties. And in writing has been waived.
1.2 The present terms and conditions also apply to agreements with Zifona onlineshop involving Zifona onlineshop for the execution of the agreement third parties.
1.3 These Terms and Conditions have also been written for the staff of Zifona onlineshop and his management.
1.4 These Terms and Conditions refer to the websites of Zifona onlineshop (www.zifona.com and www.lifeelixirglobal.com), hereinafter referred to as “websites”).
1.5 The applicability of any purchase or other terms of the other party of Zifona onlineshop (hereinafter referred to as “Customer”) shall not apply.
1.6 If one or more provisions in these Terms and Conditions at any time are invalid or invalid, the remainder of these Terms and Conditions shall remain fully applicable. Zifona onlineshop and the customer will then consult with a view to agreeing new provisions replacing the null or void provisions, with as much as possible observing the purpose and the scope of the original provision.
1.7 If there is uncertainty regarding the explanation of one or more provisions in these terms and conditions, the explanation should be “to the mind” of these terms and conditions.
1.8 If there is a situation between parties that is not governed by these terms and conditions, then this situation must be judged “to the mind” of these terms and conditions.
1.9 If Zifona onlineshop does not always require strict compliance with these terms, this does not mean that its provisions do not apply or that Zifona onlineshop will, to some extent, lose the right to impose strict compliance with the terms of these terms in other cases.
1.10 By ordering a product or service (hereinafter referred to as “product”), the customer agrees to the terms and conditions.
Article 2 Offers
2.1 All Zifona onlineshop offers are free of obligation, unless expressly stated that this is not the case or that a time limit for acceptance has been made in the tender. Offers are subject to availability of the products.
2.2 The information contained in the catalogs, mailings and the website of Zifona onlineshop, such as prices, specifications and images, are subject to change and do not bind Zifona onlineshop unless expressly agreed between Zifona onlineshop and the customer.
2.3 Zifona onlineshop can not be kept to its offers if the customer can reasonably understand that the offers, or any part thereof, contain a manifest error or description.
2.4 If Zifona onlineshop communicates a temporary action period and action price in Zifona onlineshop’s mailings and on the Websites, Zifona onlineshop guarantees that these prices will not be increased during the specified duration of the relevant action unless legal measures give rise to an increase in the prices.
Article 3 Prices and payments
3.1 The prices quoted by Zifona onlineshop are in Euro, including Dutch sales tax and excluding the removal fee due. The removal fee is listed separately. In case of delivery outside of the Netherlands, the customer is liable for any applicable sales tax and / or import duties.
3.2 If the customer has ordered a product, the prices for this product in this order will not be increased unless legal measures give rise to price increases. In case of this legally necessary increase, Zifona onlineshop will inform this customer in writing and the customer is entitled to cancel the order free of charge.
3.3 Zifona onlineshop is not bound by its offer if there are any printing, setup or programming errors in its mailings or on the Websites.
3.4 Payment can be made in one of the manner (s) as indicated during the ordering process. Additional order (payment / order) conditions may be made to the order. When paying by bank or giro, the date of payment is the date of crediting of Zifona onlineshop’s bank account.
3.5 In the case of non-timely payment, the customer is in default defaulted without notice and the customer is required to pay the statutory interest on the amount due for the duration of the absence, without prejudice to the rights to Zifona onlineshop.
3.6 All reasonable legal and extrajudicial costs that Zifona onlineshop has to make for its claims is entirely for the account of the customer.
3.7 Since January 1, 1999, legislation has been in force for the environmental management of old electrical equipment. This removal fee must be paid by the customer and is not included in the price. The removal fee is listed separately on the website of the article.
Article 4 Delivery
4.1 Zifona onlineshop will do its utmost to deliver the products at a fast speed (within 30 days), according to the announced delivery times mentioned on the Websites under the heading: Shipping Information / Delivery. However, the delivery dates announced by Zifona onlineshop are non-binding. Should Zifona onlineshop not be able to deliver the product within 30 days, the customer will be notified as soon as possible, but no later than 3 weeks after placing the order. In this case, the customer has the right to cancel the order free of charge.
4.2 As soon as Zifona onlineshop is aware that delivery within the communicated delivery time is impossible, Zifona onlineshop will pass this on to the customer as soon as possible and communicate the new expected delivery time. In that case, the customer has the right to cancel the order in writing (e-mail, fax or letter) and without charge. Zifona onlineshop will then transfer the amount of money paid to the customer within two weeks.
4.3 Zifona onlineshop is not liable for any damage resulting from the exceeding of the announced delivery terms. Absence occurs within 30 days of the order.
4.4 At the customer’s request, Zifona onlineshop can deliver the product at a location indicated by the customer in the Netherlands. If the customer wants to deliver the product outside of the Netherlands, the shipping costs will be borne by the customer.
4.5 If the customer can not receive the product at the specified delivery date and place, the customer must inform Zifona onlineshop at least 2 working days before the stated delivery date. If this deadline is not met and Zifona onlineshop has to incur additional costs for returning and re-shipping the product, then these additional costs will be charged to the customer.
Article 5 Risk and Property
5.1 The risk of the product is transferred to the customer at the time of delivery.
5.2 The ownership of the delivered product will be transferred from Zifona onlineshop to the customer at the time of delivery if the customer has fulfilled its obligations under the agreement.
5.3 Products delivered by Zifona onlineshop, which are subject to the preservation of title pursuant to article 5.2, may not be resold and may never be used as a means of payment. The customer is not authorized to pledge or otherwise object to the products subject to the proprietary reservation.
5.4 If third parties attach confiscation to the goods delivered under the reservation of title or to settle or apply rights thereon, the customer is obliged to immediately notify Zifona onlineshop.
Article 6 Order / Communication
6.1 For misunderstandings, mutilations, delays or improper delivery of orders and communications resulting from the use of the Internet or any other means of communication between Customer and Zifona onlineshop, or between Zifona onlineshop and third parties, as far as the relationship is concerned Between Elixir and Zifona onlineshop, Zifona onlineshop is not liable unless and in so far as it may be the case of Zifona onlineshop’s intention or gross negligence.
6.2 Zifona onlineshop is authorized to use third parties in the execution of the order.
6.3 By ordering, Zifona onlineshop empowers Customer to request customer data from the Municipal Population Administration, if necessary. Zifona onlineshop can obtain information from the BKR (or otherwise) about the payment behavior of the customer.
Article 7 Force Majeure
7.1 Zifona onlineshop is not required to comply with any obligation towards the customer if he is hampered by a circumstance that is not due to debt, neither due to legal act or traffic in his opinion Comes.
7.2 Under these terms and conditions, these terms and conditions, in addition to what is understood by law and jurisprudence, mean all of the causes, provided or unforeseen, to which Zifona onlineshop can not influence, but which does not enable Zifona onlineshop to fulfill its obligations. Workstations within Zifona onlineshop or third-party users are included. Zifona onlineshop also has the right to appeal to force majeure if the circumstances preventing (further) compliance with the agreement occur after Zifona onlineshop should have fulfilled its commitment.
7.3 Zifona onlineshop may, during the period of force majeure, suspend the obligations of the agreement or terminate the agreement without judicial intervention in writing. If the period of force majeure lasts longer than two months, each of the parties is entitled to dissolve the agreement. In the case of dissolution, neither party shall owe compensation to the other party, unless under reasonable circumstances it would be unacceptable to standards of reasonableness and fairness.
7.4 If Zifona onlineshop, at the time of the commencement of force majeure, has partially fulfilled its obligations under the agreement, or is able to comply with it, and is satisfied that Zifona onlineshop is entitled to invoice the part separately. The customer is obliged to comply with this invoice if there is a separate agreement.
Article 8 Term of notice/return
8.1 The customer may return a delivered item to Zifona onlineshop within fourteen (14) working days after receipt. This eliminates the obligations of the customer (other than cost of return) and the purchase of the product is terminated. If the customer has already paid the product to Zifona onlineshop, Zifona onlineshop will return the paid purchase amount within 30 days of returning the product.
8.2 If the customer makes use of Article 8.1, the costs and risks for return shipment will be borne by the customer.
8.3 If the customer wishes to make use of Article 8.1, they must notify this in writing to Zifona onlineshop. Zifona onlineshop will indicate when and where the product can be returned.
8.4 The customer can not return an item in any case when there is one or more of the following situations:
– The item was made especially for the customer;
– The item is during the period when the customer had used or damaged it;
– The article is no longer complete;
– The article does not contain all items supplied by the manufacturer on delivery;
– The article is not in the original, undamaged factory packaging (Zifona onlineshop is not considered a damaged packaging as a packed packaging).
– The article is clearly personal in nature;
– The article can not be returned by its nature;
– The article can spoil or age soon
– It concerns products that are sealed and whose sealing is broken
8.5 Zifona onlineshop reserves the right to refuse returned products or to credit only part of the paid purchase amount when there is suspicion of one or more of the following situations as mentioned in article 8.4.
Article 9 Decompositon
9.1 The customer may terminate the agreement by sending the product as described in article 8 or by dissolving the agreement in writing (email or letter) before the product has been shipped to the customer.
9.2 If the customer fails to comply with one or only of its obligations under the agreement, does not comply in good time or fails properly, it is in default. In this case, Zifona onlineshop has the right to terminate the agreement, in whole or in part, without notice and without legal intervention by written notice to the Customer, without Zifona onlineshop being liable for any damages, without prejudice to any Zifona onlineshop rights.
9.3 All claims that Zifona onlineshop should have or obtain on the customer in case of termination of the agreement will be immediately and fully due.
Article 10 Warranty
10.1 The products delivered by Zifona onlineshop comply with the usual requirements and standards that can be reasonably set at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to items intended for use within the Netherlands. When used outside of the Netherlands, the customer must verify whether the use thereof is suitable for use there and whether it complies with the conditions imposed on it.
10.2 On the products we provide, we respect the warranty period that the manufacturer of the product proposes for use within the Netherlands. Regardless of the manufacturer’s warranty period, we provide electronic products for at least 1 year warranty after delivery. The warranty period expires on the billing date.
10.3 The customer is obliged to investigate the delivered immediately after the product has been delivered. In addition, the customer should investigate whether quality and / or quantity of the delivered is consistent with what has been agreed. Any defects should be reported to Zifona onlineshop in writing within two months after discovery. The report should contain as detailed a description as possible of the defect so that Zifona onlineshop is able to respond adequately. The customer should be able to investigate Zifona onlineshop.
10.4 If a defect is not reported within a reasonable time, the customer will not be entitled to repair, replacement or compensation.
10.5 Guarantee expires if:
– without the permission of Zifona onlineshop by or on behalf of the customer, any changes or repairs to the delivered product have been made;
– there is a careless or unintentional use of the product, including the failure to provide prescribed or normal maintenance;
– The supplied product is used for purposes other than the intended use.
10.6 If a product is found to be defective and has been reviewed in good time, Zifona onlineshop will replace the defective product within a reasonable time after return receipt or take care of recovery or to pay a replacement fee to the customer. If return is not reasonably possible, Zifona onlineshop will send the customer a written notice confirming the defect and the customer-made appointment to replace the product or take care of recovery or to pay a replacement fee to the customer. In case of replacement, the customer is required to return the replaced product to Zifona onlineshop and to provide ownership to Zifona onlineshop unless Zifona onlineshop indicates otherwise.
10.7 Changes to, or repairs to, the delivered product without the prior written consent of Zifona onlineshop, are not borne by Zifona onlineshop.
10.8 If the customer’s warranty claim is well founded and meets the requirements of these terms and conditions, then the incurred costs incurred in handling this complaint will be borne by Zifona onlineshop. If costs are incurred by the customer in connection with this warranty application, before they are made, they must have been written in writing by Zifona onlineshop in order to be eligible for reimbursement by Zifona onlineshop.
10.9 If it becomes clear that a complaint is unfounded, then the incurred costs will arise, including research costs incurred by the customer.
10.10 Warranty is only granted if the customer can prove that the product concerned is delivered by Zifona onlineshop. For example, by displaying the original voucher issued by Zifona onlineshop to the customer, or delivery note. This arrangement applies without prejudice to the rights and claims granted by the law to the customer.
Article 11 Liabilty
11.1 Zifona onlineshop is solely responsible for any damage suffered by the customer if this damage is attributable to Zifona onlineshop or if it is due to compulsory legal provisions for Zifona onlineshop’s risk.
11.2 Zifona onlineshop is not liable for the consequences of incorrect or incomplete information in mailings or on the Websites.
11.3 Zifona onlineshop is not liable for damage resulting from the use by the Customer of any item delivered by Zifona onlineshop unless Zifona onlineshop is liable on the basis of any compulsory law (Product Liability as referred to in Article 6: 185 ev Civil Code ).
11.4 If Zifona onlineshop is liable to fulfill its obligations to the customer, Zifona onlineshop is liable to the customer for compensation for the damage suffered by Customer. However, Zifona onlineshop is solely responsible for direct damage, including only:
Damage directly attributed to material matters;
Reasonable costs incurred to determine the cause and extent of the damage insofar as it relates to the direct damage as intended herein;
Fair and demonstrable costs incurred by the customer to prevent or reduce direct damage as intended.
11.5 The direct damage as referred to above is eligible for compensation up to three times the amount of the invoice price of the items in question or, in the case of service delivery, up to three times the invoice price of this service. Any damage other than that described in article 11.4 under 1, 2 and 3 will not be reimbursed by Zifona onlineshop. This means that in no event will be compensated for: consequential loss, such as loss of profit or loss, intangible loss and net asset damage other than those mentioned under 2 and 3 in Article 11.4.
11.6 Zifona onlineshop’s liability is in any case always limited to the amount that its insurer pays out as appropriate.
11.7 Zifona onlineshop is not liable for any damage if it is caused by a failure due to force majeure. Force majeure is present if the shortcoming is due to circumstances beyond the control of Zifona onlineshop, which in any case means war or similar situations, riot, sabotage, boycott, strike, occupation, blockade, life-threatening personnel Elixir, failures of suppliers and / or transporters of Zifona onlineshop, government measures (including a foreign government) such as a transport, import, or production ban, natural disasters, bad weather, lightning strikes, fire, explosion and outflow of hazardous substances Or gases.
11.8 Zifona onlineshop is not liable for any damage that has disclosed to Zifona onlineshop in writing, later than fourteen calendar days after the discovery of such damage.
11.9 Natural persons or legal persons employed by Zifona onlineshop and / or used by Zifona onlineshop in the execution of any agreement between the customer and Zifona onlineshop and being claimed by the customer for damages may also comply with the above provisions Call the “Liability” heading.
Article 12 Miscellaneous
12.1 Zifona onlineshop is authorized to transfer its rights and duties to a third party.
12.2 These terms and conditions have been deposited with the Chamber of Commerce at Breda.
12.3 Applicable is always the last registered version, or the version as it was at the time of establishing the legal relationship between Zifona onlineshop and the customer.
Article 13 Applicable Law and competent Court
13.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms, is subject to Dutch law only if a commitment is made in whole or in part abroad or if the legal relationship The party concerned has his place of residence. The applicability of the Vienna Sale Convention is ruled out.
13.2 The parties will only appeal to the judge, after endeavoring to resolve a dispute by mutual agreement.
13.3 All disputes between parties with a claim of more than five thousand Euro will be submitted exclusively to the appropriate court in the district of the place of establishment of Zifona onlineshop.
Artikel 14 Privacy
14.1 The personal data of the customer are included in the Zifona onlineshop customer base. The person responsible for this is Zifona onlineshop, Lijsterbeslaan 73, Delft, The Netherlands. Your information will be used for the assessment, completion and execution of the delivery agreement and management of the resulting customer relationship, including the collection of payment due, fraud prevention and compliance with legal obligations.
14.2 Zifona onlineshop provides information only to third parties, if this is necessary for the execution of the order.
14.3 Questions regarding access and / or changes to personal data can be addressed to: Zifona onlineshop, Ahornstraat 22, 4814LJ Breda – NL. Or by email: firstname.lastname@example.org
COC no: 61361186
VAT no: 8543.11.609.B01
Article 1 General