Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
This web site is intended only for consumers wishing to order ZENS products (“products”) online for delivery.
The terms and conditions under which the products are offered for sale on this web site are set out below. By ticking the “I have read and agree” box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. ZENS reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this web site.
2. Placing Your Order
2.1 To place an order you must be 18 years of age or over, be accessible by telephone and have a valid email address.
2.2 You may place an order by:
filling in the order form on the web site after logging into or creating your personal account and clicking on the appropriate submission button.
ZENS will not accept orders placed in any way other than those listed above.
2.3 When you place your order, ZENS will issue you with a web order number. ZENS will do this via the web site. Please note that such a web order number is supplied for reference purposes only and does not constitute our acceptance of your order.
2.4 By placing an order, you make an offer to us to purchase the products you have selected on these terms and conditions. ZENS may or may not accept your offer at our discretion or may reduce the number of products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission.
2.5 Please note that the on-screen display of the colors, designs, products may differ from the actual appearance or size of products offered on the web site.
3. Supply of Your Products
Subject to these terms and conditions, ZENS will supply to you the products indicated on your order confirmation.
4.1 All prices are in Euro or Dollar. Prices shall be those prices published on this web site at the time you submit your order. The Euro prices published on the web site are inclusive of VAT, the Dollar prices are exclusive VAT and all prices (Euro and Dollar) are exclusive of recycling levies, shipping and handling costs and duties, which are for your account.
4.2 Delivery costs, where applicable, are payable by you as indicated on your invoice.
5. Paying for Your Products
5.1 You must pay in the currency as indicated on your invoices of payment as may be displayed on the payment paragraph of the web site.
5.2 If you are paying by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue your invoice or on the moment of shipment of your products. ZENS will not commence the manufacture of your products neither will ZENS supply the products to you nor perform the services until your credit card issuer has authorized the use of your card for payment of the products and/or services ordered. If ZENS does not receive such authorization ZENS shall inform you accordingly. ZENS reserves the right to verify the identity of the credit card holder by requesting appropriate documentation. Or you can pay by Ideal or PayPal.
6. Delivery of Your Products
6.1 ZENS will deliver the products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by ZENS are best estimates only and ZENS shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by ZENS.
6.2 Title to and risk of loss in your products will pass to you on delivery of the products.
7. Exchanges, Returns and Refunds
7.1 You may return the product to ZENS or cancel the entitlement to services and obtain a refund of the price of the returned product (except gift wrapping costs and any such other charges) or service entitlement provided that you contact ZENS within seven (7) calendar days as of the date of delivery of the product. Return shipments are at your own expenses. If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at ZENS request be returned with the product purchased. ZENS reserves the right to raise an invoice in respect of any free or discounted bundles product not so returned.
Please note that you may not return a Product and claim a refund if the Product concerned is:
A personalised and/or customized product made in accordance with your specifications. You may not obtain a refund for a service if you have commenced use of a/the service.
7.1.1 If a product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please take contact with firstname.lastname@example.org.
7.1.2 If you have received the ordered product(s) and have simply changed your mind about purchasing it, you may return the roduct(s) or entitlement to service to ZENS for a refund if:
I. You inform ZENS of your decision to cancel the contract within seven (7) calendar days as of the date of delivery of the product or the date you purchased the services; and
II. The product(s) are returned at your own expenses in their original condition and the security seals on the product(s) are intact; and
III. The product(s) are returned in accordance with paragraph 7.2 below. Please note that while the product(s) remain in your possession you are under a duty to ensure that the product(s) are kept safe and secure.
7.2 Steps to Follow to Claim a Refund:
(i) Send ZENS an email at email@example.com. You will then be provided with an RMA (Return Material Authorisation) number.
(ii) before returning any Product(s) please check that you have:
1. Received a RMA number from ZENS (issued on request);
2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise;
3. Used all packaging that was originally supplied;
4. Clearly displayed the returns address and the RMA number;
5. Sealed the packaging securely.
(iii) Following these steps will help ensure the product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned product(s) being rejected upon receipt and you may forfeit your right to a refund.
(iv) Please note that ZENS reserves the right to reject any product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs 7.1.2 and 7.2.
8.1 ZENS-branded Product Warranty
ZENS warrants the products as set forth on the warranty card supplied with the product. Should the product supplied by ZENS not comply with the applicable warranty ZENS shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the product or refund the purchase price upon return of the product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law ZENS hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.
8.2 IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
9. ZENS Liability
9.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the products.
9.2 Save as set out at paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on ZENS regarding the supply of products or the provision of services except as expressly stated in the contract.
9.3 Any warranty, condition or other term arising out of or in connection with the supply of products and/or the provision of services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the products or services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, ZENS will not be responsible for ensuring that the products are suitable for your purposes
9.4 Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
9.5 SUBJECT TO CLAUSE 9.4 ZENS WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. ZENS MAXIMUM AGGREGATE LIABILITY UNDER THE CONTTRACT WHETHER IN TOR (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO ZENS IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
9.6 This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.
10. Contacting ZENS Online Shop
You can contact ZENS online shop by email: firstname.lastname@example.org.
11. Data Protection
11.1 Your transaction records are accessible to you if you are a registered customer by log in to your account so that you may check the status of your order(s) and check the order content.
12. Circumstances beyond ZENS reasonable control
ZENS will make every effort to perform ZENS obligations under the contract. However, ZENS cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, ZENS will perform our obligations as soon as reasonably possible.
13. Disagreements Governing Law and Jurisdiction
ZENS will try to solve any disagreements quickly and efficiently. If you are not happy with the way ZENS deals with any disagreement and you want to take court proceedings, you must do so within The Netherlands and Dutch law. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
14.1 Neither ZENS failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
14.2 The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
15. Special terms for customization/personalisation
15.1 Order and acceptance – customized products
While ZENS honours most designs, ZENS cannot honour all of them. Some may contain among other things trademarks of third parties that you (or ZENS) do not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our products. Unfortunately, at times this means that ZENS may decline your order that may otherwise seem unobjectionable. If your design is, in our sole opinion, unacceptable, your order may be immediately rejected or your purchase will be cancelled at a later stage – if so, you will be notified by
e-mail or post and ZENS reserves the right to cancel the applicable order confirmation.
15.2 Content Restrictions
You agree not to use the web site or service:
1. To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable
2. To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
3. To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
4. To upload or otherwise transmit any material which is likely to cause harm to this web site or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to this web site or which may cause any defect, error, malfunction or corruption to the service; and
5. You agree that if ZENS, in its sole discretion, determines that any material you submit may not meet these content requirements, ZENS shall reject your order. ZENS reserves the right to charge a processing fee of 15 Euro for each design that you submit as an order which violates our content restrictions. In addition, in the event you violate one of these Content Restrictions and you intentionally publish such violation, you acknowledge that ZENS will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
Your design or personalisation of the product (a.o. the color combination) shall be created by yourself, or, to the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalisation created by a third party.
Please understand that although ZENS reserves the right to decline your design or personalisation, you are solely responsible for your design and personalisation, and ZENS has no obligation to review your design or personalisation.
By submitting your order, including your design and personalisation, to ZENS, you hereby grant ZENS a non-exclusive, perpetual, royalty-free license to use your design and personalisation in the widest sense of the word, including but not limited to, copying, editing, modifying, digitizing or reproducing, to fulfil your request of creating and delivering a personalised product.