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Company/Business name: Marieke Martens
Trade name: Zopixel
Geographical address of the business: Dorpsstraat 8/3,3830 Wellen, Limburg, Belgium
E-mail address: [email protected]
Phone number: +32(0)493 29 02 08
Enterprise number: 0730.548.273
VAT number: VAT BE 0730.548.273
Article 1: General provisions
The e-commerce website of Zopixel, a one-man business with its registered office at Dorpsstraat 8/3, 3830 Wellen, Limburg, Belgium, VAT BE 0730.548.273, Zopixel provides its Customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Zopixel, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Zopixel.
Article 2: Price
All prices listed are expressed in EURO, DOLLAR OR POUND always include VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Zopixel. With respect to the accuracy and completeness of the provided information, Zopixel is solely bound to obligation of means. Zopixel is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our Customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Zopixel. Zopixel cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
Payment is made within a multi-step checkout according to the following steps:
Which payment methods does Zopixel offer?
The Customer may choose between the following payment methods
Zopixel is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Articles ordered via this webshop will be delivered in Belgium, The Netherlands, Luxembourg, Germany, France, United Kingdom, Austria, Poland, Ireland, Denmark, Italy, Sweden, Czech Republic, Lithuania, Slovakia, Hungary, Slovenia, Latvia, Estonia, Spain, Greece, Finland, Portugal, Canada and the United States of America.
Orders are sent via letter post (Bpost) or parcel post (Bpost, DPD) depending on the weight and size. Orders are delivered as standard by home delivery. If available in the Customer’s country, collection at a DPD collection point is possible. The Customer can choose this when placing the order.
The shipping costs and delivery times depend on the country to which the shipment is made. The delivery time within Belgium is between 1-3 business days. Outside of Belgium the delivery time is between 3-7 working days.
Because Zopixel works with handmade products, it cannot always be ensured that the Customer’s order is sent the day after the order. Depending on the current stock of an item and the number of incoming orders, it can take 1-5 business days before the order is shipped.
Zopixel offers free shipping on orders from:
|The Netherlands||From €50,00|
|United Kingdom||From €70,00|
|Czech Republic||From €100,00|
|The United States of America||From €120,00|
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Zopixel.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Zopixel.
Article 6: Retention of title
Delivered articles remain the exclusive property of Zopixel until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Zopixel, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Zopixel.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify (Dorpsstraat 8/3, 3830 Wellen, Limburg, Belgium, +32(0)493 29 02 08, [email protected]) in an unambiguous statement (e.g. in writing by post, fax or e-mail) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.
The Customer may input and submit the template withdrawal form or any other unambiguously formulated statement in a digital manner via our website https://www.zopixel.com. If the Customer uses this option, we will immediately send the Customer a confirmation receipt of their withdrawal using a sustainable data carrier (e.g. by e-mail).
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify Zopixel of their decision to withdraw from the agreement to send back or hand over the goods to Zopixel (Dorpsstraat 8/3, 3830 Wellen, Limburg, Belgium). The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the Customer.
The Customer is requested to return the goods in the original packaging, along with all accessories, instructions and invoice or sales receipt. If the returned product is reduced in value in any way, Zopixel is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
All returned items are carefully examined. The basic principle here is that the consumer may only inspect the article as he would be allowed to do in a store. Returned items may be fitted, but may not have been used. If an item has undergone a depreciation due to the use of the Customer, this will be charged to the Customer.
If the Customer has requested that the provision of services start during the withdrawal period, the Customer shall pay an amount for the services provided up to the time that the Customer notified us of their withdrawal from the agreement that is proportional to the full completion of the agreement.”
If the Customer withdraws from the agreement, Zopixel shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that Zopixel was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Zopixel may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Zopixel will not be refunded.
Zopixel shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the Customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for:
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Zopixel Customer service ([email protected]) and to return the product at their own expense to Zopixel.
Upon detection of a deficiency, the Customer must inform Zopixel as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from the date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
Zopixel Customer service can be reached at phone number +32(0)493 29 02 08, via e-mail at [email protected] or by mail at the following address: Dorpsstraat 8/3, 3830 Wellen, Limburg, Belgium. Any complaints can be made through the aforementioned Customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Zopixel is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Zopixel is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
Zopixel collects and processes Customers' personal data for Customer and order management purposes (including Customer administration, tracking orders/deliveries, invoicing, solvency monitoring, profiling and sending marketing and personalised advertising).
Legal basis (bases) for the processing
Personal data is processed based on Article 6.1. a. (consent), b. (required for the implementation of an agreement), of the General Data Protection Act.
[In so far as the processing of personal data takes place based on Article 6.1. a) (consent), Customers always have the right to withdraw their consent.]
Transfer to third parties
Should this be necessary in order to achieve the stated objectives, the Customer's personal data will be shared with other companies within the European Economic Area that are directly or indirectly connected to Zopixel or with any other partner of Lightspeed, Mailchimp or Sendcloud.
Zopixel guarantees that these recipients will take the necessary technical and organisational measures for the protection of personal data.
Personal data processed for Customer management will be stored for the time necessary to satisfy legal requirements (in terms of bookkeeping, among others).
Right to inspection, improvement, deletion, limitation, objection and transferability of personal data
The Customer is at all times entitled to inspect their personal data and can correct it or have it corrected if it is incorrect or incomplete, have it removed, restrict its processing and object to the processing of personal data involving them based on Article 6.1 (e) or (f), including profiling based on these provisions.
Furthermore, the Customer is entitled to obtain a copy (in a structured, standard and mechanically readable form) of their personal details and to have said personal details forwarded to another company.
In order to exercise the aforementioned rights, the Customer is requested to:
- Adjust the settings of their Customer account; and/or
- Send an email to the following address: [email protected];
The Customer is entitled to object free of charge to the processing of their personal data aimed at marketing.
The Customer has the right to file a complaint with the Belgian Privacy Protection Commission (35 Rue de la Presse, 1000 Brussels, Belgium - [email protected]).
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
‘First-party’ and ‘Third party’ cookies are used. “First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be later deleted from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 13: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Zopixel to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Zopixel. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods.
The courts of the place of residence of the Consumer are competent in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).
Appendix 1: Template - withdrawal form
Dear Customer, you should only complete this form and return it should you want to withdraw from the agreement.
To Zopixel, Dorpsstraat 8/3, 3830 Wellen, Belgium, [email protected]:
I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following goods/delivery of the following service (*):
Ordered on (*)/Received on (*):
Name/Names of consumer(s):
Address of consumer(s):
Signature of consumer(s):
(*) = strike out what is not applicable.