Terms and Conditions
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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model form for withdrawal made available by the entrepreneur which a consumer can fill in when he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same space at the same time.
Terms and Conditions: these present Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Trade name: Zoopixie
Comerce DS Media Limited
Flat B01, 2/F, Kin Tak Fung Industrial Building
174 Wai Yip Street
Kwun Tong District
Hong Kong
COMPANIES REGISTRY NO. 75901796
+12136989280
support@zoopixie.com
If the entrepreneur's activity is subject to a relevant licensing system: the data on the supervisory authority:
If the entrepreneur carries out a regulated profession:
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the professional association or organization to which he is affiliated;
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the professional title, the place in the EU or the European Economic Area where it has been awarded;
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a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules are accessible.
Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's and they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available 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 general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request, electronically or otherwise.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and in case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, then the agreement and these conditions will remain in force for the rest and the relevant provision will be replaced in mutual consultation immediately by a provision that as much as possible approaches the meaning of the original.
Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms must be explained ‘in the spirit’ of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity or is made under conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images, specifications, data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
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the price, with the exception of customs clearance costs and import VAT. These additional costs will be borne and at the risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding the import. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the charged clearance costs) from the recipient of the goods;
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any shipping costs;
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the way in which the agreement will be concluded and which actions are required for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery and performance of the agreement;
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the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
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the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic rate for the used communication medium;
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whether the agreement after the conclusion is archived, and if so in which way it can be consulted by the consumer;
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the way in which the consumer, before concluding the agreement, can check and if desired correct the data provided in the context of the agreement;
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any other languages in which, besides Dutch, the agreement can be concluded;
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the codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes of conduct electronically; and
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the minimum duration of the distance agreement in case of a long-term transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of 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 the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – inform 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 agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a request or application or to attach special conditions to the execution.
The entrepreneur shall send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
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the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
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the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information about warranties and existing after-sales service;
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the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these to the consumer before the execution of the agreement;
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the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. This notification must be done by means of a written message/email. After the consumer has indicated to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not made it known after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs for returning the products will be at the expense of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Zoopixie does not offer an exchange or refund option for items on sale, clearance, or promotion. This also applies if you make a purchase via our bundles.
Exclusion of the right of withdrawal is only possible for products:
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that are made by the entrepreneur according to consumer specifications;
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that are clearly personal in nature;
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that cannot be returned due to their nature;
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that can spoil or age quickly;
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whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
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for individual newspapers and magazines;
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for audio and video recordings and computer software whose seal has been broken by the consumer. Products from the collections "Beauty", "Kids & Baby", "Swimsuits and Bikinis" and "Sport" cannot be returned due to COVID-19 hygiene measures.
Exclusion of the right of withdrawal is only possible for services:
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concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
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whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
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concerning bets and lotteries.
Article 9 - The 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.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices, whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
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they are the result of legal regulations or provisions; or
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the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The place of delivery is, based on Article 5, first paragraph, of the Turnover Tax Act 1968, the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or clearance costs will be charged to the customer by the postal or courier service. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
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The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
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The defectiveness is entirely or partly the result of government regulations concerning the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will take the greatest possible care in receiving and executing orders for products.
The place of delivery is the address the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will be informed no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be stated clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination and Extension
Termination
The consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can:
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terminate the agreements mentioned above at any time and not be limited to termination at a specific time or in a specific period;
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at least terminate them in the same way as they were entered into;
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always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension
A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for 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 and a notice period of no more than three months if the agreement extends to the regular but less than once-a-month delivery of daily, news and weekly newspapers and magazines.
A limited-duration agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
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 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 15 - Disputes
Only UK law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.