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 – Obligations of the consumer during the cooling-off period
Article    8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article    9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Duration transactions: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or varying provisions

ARTICLE 1 – DEFINITIONS

For the purpose of these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these items, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data which is produced and supplied in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a given period;
Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or shared use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding his order;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same space simultaneously

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

ZijTak

Roeland Saverystraat 18

8500 Kortrijk

Belgium

Phone number: 0497/82 89 73
Available Monday through Sunday from 9:00 AM to 7:30 PM.

Email address: zijtak.verkoop@gmail.com

VAT identification number: BE 0756.711.846

If the entrepreneur’s activity is subject to a relevant licensing system: the data about the supervisory authority.

If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where this was granted;
a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules are accessible.

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance agreement is concluded electronically, in derogation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement 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 by electronic or other means.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting terms and conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content 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 offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Every offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of the consumer’s acceptance of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can rescind the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, check 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 the entrepreneur has good grounds for not entering into the agreement based on this investigation, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information, at the latest upon delivery of the product, service or digital content to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
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 execution of the distance agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

For products:

The consumer can rescind an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts 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:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Provided he has informed the consumer about this in a clear manner prior to the ordering process, the entrepreneur may refuse an order for multiple products with different delivery times.
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 the last part;
for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer can rescind a service agreement and an agreement for the delivery of digital content that is not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF

If the consumer makes use of his right of withdrawal, he notifies this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends back the product, or hands 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.
The consumer returns the product with all supplied accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the costs of returning the product.
If the consumer withdraws after having first explicitly requested that the performance of the service or the delivery of gas, water or electricity that are not made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur at the moment of withdrawal, compared to full fulfillment of the commitment.
The consumer bears no costs for the execution of services or the delivery of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model withdrawal form, or;
the consumer has not explicitly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
prior to the delivery, he has not explicitly consented to beginning the fulfillment of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when granting his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements are dissolved by operation of law.

ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL

If the entrepreneur makes the notification of withdrawal by the consumer possible by electronic means, he will send a receipt confirmation immediately after receiving this notification.
The entrepreneur will reimburse any delivery costs charged by the entrepreneur for the returned product, immediately 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 repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur uses the same means of payment for repayment that the consumer used, unless the consumer agrees to another method. The repayment is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, at least in time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
performance has begun with the consumer's explicit prior consent; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
Service agreements related to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that deteriorate rapidly or have a limited shelf life;
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
Products that, due to their nature, are inseparably mixed with other products after delivery;
Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to these;
The delivery of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer's express prior consent; and
the consumer has declared that he thereby loses his right of withdrawal.

ARTICLE 11 – THE PRICE

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased or decreased, except for price changes as a result of changes in VAT rates, during promotions, or during sale periods. Price reductions in the latter two situations are only valid within the duration of the promotional period and will not be compensated.
Contrary to 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 connection to fluctuations and the fact that any stated prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.

ARTICLE 12 – PERFORMANCE OF THE AGREEMENT AND EXTRA GUARANTEE

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed in the performance of their part of the agreement.
"Extra guarantee" is understood to mean every commitment of the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event they have failed in the performance of their part of the agreement.

ARTICLE 13 – DELIVERY AND PERFORMANCE

The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Observing what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with competent speed but at the latest within 30 days, unless a different delivery term has been agreed. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
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 made known to the entrepreneur, unless expressly agreed otherwise.

ARTICLE 14 – CONTINUING PERFORMANCE AGREEMENTS: DURATION, TERMINATION, AND RENEWAL

Termination:

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, taking into account agreed-upon termination rules and a notice period of at most one month.
The consumer may at any time terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at the end of the definite period, taking into account agreed-upon termination rules and a notice period of at most one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by them;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of at most three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of at most one month.
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 renewed for an indefinite period if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with limited duration 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 end of the trial or introductory period.

Duration:

If an agreement has a duration of more than a year, the consumer may after a year terminate the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 15 – PAYMENT

Insofar as not otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 7 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
In the sale of products to consumers, the consumer may in general terms and conditions never be obliged to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has taken place.
The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
If the consumer does not fulfill their payment obligation(s) in time, they are, after having been pointed out by the entrepreneur to the late payment and the entrepreneur having granted the consumer a period of 14 days to fulfill their payment obligations, after the failure of payment within this 14-day period, liable for the statutory interest on the remaining amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the mentioned amounts and percentages to the benefit of the consumer.

ARTICLE 16 – COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within a competent time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will answer within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
ZijTak always strives for the best quality. The products that the consumer orders must be delivered undamaged. If, contrary to expectations, the product is damaged? Please contact customer service; this can be done by emailing zijtak.verkoop@gmail.com with the order number and photos of the damaged product. Some products from ZijTak are made of wood. Although the product can withstand water, it is a natural product and water should be avoided. Signs of wear are reimbursed up to a period of 6 months, after which it is considered user damage. All products from ZijTak have a warranty period of 6 months after purchase. After that, it is checked per product whether or not it will be reimbursed. Costs for return shipments are for the account of the consumer. For questions about the quality of products, email zijtak.verkoop@gmail.com.

ARTICLE 17 – DISPUTES

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

ARTICLE 18 – ADDITIONAL OR DEVIATING PROVISIONS

Additional provisions or provisions deviating 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.

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