General terms and conditions VanZus B.V
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - The price
Article 11 - Compliance and additional warranty
Article 12 - Delivery and execution
Article 13 - Duration transactions: duration, cancellation and extension
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or deviating provisions
Article 1 - Definitions
In these conditions the following definitions apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act on the basis of his trade, business, craft or or professional activity and enters into an agreement (either directly or at a distance) with the entrepreneur;
Day: calendar day;
Digital content: data produced and produced in digital form /or be delivered;
Duration agreement: an agreement that extends to the regular delivery of products, services and/or digital content during a certain period within which the delivery and purchase obligation often but not exclusively takes place spread out;
Sustainable data carrier: any tool - including e-mail, private message, chat message, SMS and/or WhatsApp - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility of the consumer to withdraw within the cooling-off period to withdraw from the agreement (at a distance);
Model withdrawal form: the model form for withdrawal by the consumer included by the entrepreneur in the appendix to these general terms and conditions;
Entrepreneur: the natural person or legal entity who offers products, digital content and/or services remotely to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer is concluded in the context of a system organized by the entrepreneur for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
Name of entrepreneur:
VanZus BV
Trading under the name(s):
- FromSister
- From Sister
- fromsister.nl
Business address:
Nieuwland Parc 327
2952DD Alblasserdam
Netherlands
Telephone number: 078-2049170
Accessibility:
Monday to Friday from 8 am.30am to 5pm.00 hours
E-mail address: info@vanzus.nl
Chamber of Commerce number: 70741271
VAT number: NL858441949B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be 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 that they can be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that, 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 conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. .
5. If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled at any time, the other provisions will remain in effect;
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. An exception to this is an obvious mistake or error in the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself 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 investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information, in writing, digitally or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, no later than upon delivery of the product, service or digital content to the consumer:
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2 The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
5. Excluded from the right of withdrawal are:
a. items that are personalized;
b. items specially manufactured for consumers;
c. items that cannot be returned for hygienic reasons;
d. items for which the entrepreneur can no longer guarantee safety after return;
e. items that have been specially ordered for the consumer;
f. items that can no longer be sold by the entrepreneur due to current events at the time of withdrawal;
g. articles such as cosmetic products of which the seal has been broken
h. items that have been used or are no longer in the original, undamaged packaging
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the
2 The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period using the model withdrawal form, by using the returns portal on the entrepreneur's website or by sending an email to
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and in original and undamaged packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification. The consumer is responsible for also keeping an eye on e-mail and spam box.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2 Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect;
5. The prices stated in the offer of products or services include VAT;
6. All prices are subject to obvious errors, typographical errors, printing errors and obvious errors. In this case, the entrepreneur is not bound to deliver the product;
7. Discounts are not valid on gift vouchers;
8. The entrepreneur reserves the right to exclude certain brands, products or product groups from discounts.
Article 11 - Compliance with agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2 An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .
4. The entrepreneur applies the warranty periods of the manufacturers and/or brands, whereby it must be stated that the manufacturer or brand is responsible for the proper manufacture and/or manufacture of a product, correct certification and the safety instructions given when the entrepreneur receives these from the manufacturer or brand has been taken over;
5. Any defects that do not arise after use or upon first use must preferably be reported to the entrepreneur within 14 days of receipt of the items using the withdrawal form, an e-mail to info@vanzus.nl or by using creating the returns portal on the entrepreneur's website;
6. Guarantees only apply when the item is used correctly;
7. Excluded from guarantees are:
a. Damage or wear due to incorrect use;
b. inflatable articles;
c. General wear and tear;
d. Damage caused by water, fire, pressure or impact
e. Damage to zippers, laces or buttons that did not already exist upon receipt and was reported;
f. Damage caused by improper use, abnormal circumstances or incorrect use;
g. Items that have user damage (i.e.wz for example, but not limited to, wear and tear on soles, damaged toes of shoes, toys that have been damaged by careless use, Velcro that closes less well over time, etc)
h. Items that have been repaired and/or edited by the consumer himself or on behalf of the consumer, except by the entrepreneur;
i. Items that were not purchased from the entrepreneur;
j. Articles for which the consumer's expectations cannot be met in all reasonableness and fairness;
Article 12 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.
4. Entrepreneur strives to place orders before 4pm on working days.Orders placed before 00:00 can be shipped the same day, but no rights can be derived from this. If it is busy, for personalization or due to circumstances, this may be later. The consumer cannot derive any rights from this.
5. After dissolution in accordance with paragraph 3, the entrepreneur will immediately refund the amount paid by the consumer.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur or until the entrepreneur has received proof from the sender that the package has been delivered, unless expressly stated. otherwise agreed.
Article 13 - Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs:
a. cancel at any time and not be limited to cancellation at a certain time or in a certain period;
b. at least cancel in the same manner as they were entered into by him;
c. always cancel with the same notice period as the entrepreneur has agreed for himself.
Extension:
4. An agreement that has been entered into for a specific period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a specific period.
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 14 - Payment
1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not fulfill his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. The entrepreneur can also charge for the costs he had to incur in order to execute the agreement.
Article 15 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 16 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur, can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the court in Dordrecht or Rotterdam.
3. A dispute will only be processed if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
Article 17 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer 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 data carrier.
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you want to withdraw from the agreement)
a. To: [entrepreneur's name]
[entrepreneur's geographical address]
[entrepreneur's fax number, if available]
[email address or electronic address of entrepreneur]
b. I/We* hereby inform you that I/we* have terminated our agreement regarding
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation ]*
the performance of the following service: [service designation]*,
revokes/revokes*
c. Ordered on*/received on* [date of order for services or receipt of products]
d. [Name of consumer(s)]
e. [Consumer(s) address]
f. [Signature of consumer(s)] (only when this form is submitted on paper)
* Delete as appropriate or fill in as appropriate.