Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal.

Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place at the same time.

Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions in these terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely reflects the intent of the original provision.

Situations not covered by these terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these terms and conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal or courier service will collect the VAT and/or clearance costs from the recipient of the goods;

any shipping costs;

the manner in which the agreement will be concluded and which actions are required;

whether or not the right of withdrawal applies;

the method of payment, delivery, and performance of the agreement;

the period for accepting the offer or the period during which the entrepreneur guarantees the price;

the rate for distance communication if the cost of using distance communication technology is calculated on a basis other than the regular basic rate;

whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;

the way in which the consumer can review and, if necessary, correct the data provided before concluding the agreement;

any other languages in which the agreement may be concluded in addition to Dutch;

the codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, and types of materials.

Article 4 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations and any other facts relevant to responsibly entering into the agreement. If the entrepreneur has valid reasons to not enter into the agreement based on this investigation, they are entitled to refuse an order or impose special conditions on execution.

The entrepreneur shall provide the consumer with the following information in writing or in a way that allows the consumer to store it on a durable data carrier:

the visiting address of the entrepreneur’s establishment where complaints can be submitted;

the conditions under which and the manner in which the right of withdrawal may be exercised, or a clear statement if it is excluded;

information about warranties and after-sales service;

the data referred to in Article 4 paragraph 3, unless already provided before performance of the agreement;

the requirements for termination if the agreement lasts longer than one year or is of indefinite duration.

In the case of a long-term transaction, the previous paragraph applies only to the first delivery.

All agreements are entered into subject to sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 30 days. This cooling-off period starts the day after the consumer receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care and only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, the product shall be returned with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the instructions provided.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 30 days of receiving the product. After notification, the consumer must return the product within 30 days. Proof of timely return, such as shipping confirmation, must be provided.

If the consumer fails to notify or return the product within the specified periods, the purchase becomes final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the product is at the consumer’s expense.

Any amount paid by the consumer will be refunded as soon as possible, but no later than 30 days after withdrawal, provided the product has been received or conclusive proof of return has been supplied.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for certain products or services, provided this is clearly stated in the offer prior to concluding the agreement.

The right of withdrawal may be excluded for products:

made according to the consumer’s specifications;

that are clearly personal in nature;

that cannot be returned due to their nature;

that spoil or age quickly;

whose price is subject to financial market fluctuations beyond the entrepreneur’s control;

such as newspapers and magazines;

audio and video recordings or software with broken seals;

hygienic products with broken seals.

The right of withdrawal may be excluded for services:

relating to accommodation, transport, catering, or leisure activities on a specific date or period;

that have begun with the consumer’s explicit consent before the cooling-off period expired;

relating to betting and lotteries.

Article 8 – The Price

Prices will not be increased during the validity period stated in the offer, except due to changes in VAT rates.

Prices subject to financial market fluctuations beyond the entrepreneur’s control may vary, and this will be stated in the offer.

Price increases within three months of concluding the agreement are only permitted if required by law.

Price increases after three months are only permitted if agreed and if the consumer may terminate the agreement as of the effective date.

Delivery takes place outside the EU. Import VAT and clearance costs will be collected by the postal or courier service. No VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. The entrepreneur is not liable for such errors and is not obliged to deliver products at an incorrect price.

Article 9 – Identity of the Entrepreneur

Company name: Zelvera-atelier
Business address: Netherlands
Email: info@zelvera-atelier.com
Chamber of Commerce number: 99752832
VAT identification number: NL005408103B97

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications in the offer, and applicable legal requirements.

Any warranty does not affect statutory rights.

Defects or incorrect deliveries must be reported within 30 days. Products must be returned in original packaging and unused condition.

The warranty period corresponds to the manufacturer’s warranty. The entrepreneur is not responsible for suitability for specific uses.

The warranty does not apply if products have been repaired, mishandled, or used contrary to instructions.

Article 11 – Delivery and Performance

Orders will be executed with due care and delivered to the address provided by the consumer.

Orders will be fulfilled within 30 days unless otherwise agreed. Delays will be communicated, and the consumer may cancel free of charge.

If delivery is impossible, a replacement may be offered. Return costs for replacements are borne by the entrepreneur.

Risk of loss or damage passes to the consumer upon delivery.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Consumers may terminate indefinite contracts at any time with a notice period of up to one month.

Fixed-term contracts may be terminated at the end of the term with up to one month’s notice.

Contracts may not be automatically renewed for a fixed term, except as permitted by law.

Trial subscriptions end automatically after the trial period.

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 business days after the cooling-off period begins.

The consumer must promptly report incorrect payment details.

In the event of non-payment, reasonable costs may be charged.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after discovery and will be answered within 30 days.

Unresolved complaints may lead to a dispute.

A complaint does not suspend obligations unless stated otherwise.

Article 15 – Disputes

Dutch law exclusively applies to all agreements, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced from 2024 under amendments to the Dutch VAT Act and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.