Terms & conditions

1. INTRODUCTION

Welcome to our website. These general terms and conditions of sale govern the use of this website and the contract concluded between you and us. By using this website or placing an order through it, you agree to comply with these terms and conditions. Please note that our website is intended for individuals who are of legal age and able to contract. We recommend that you carefully read these general terms and conditions of sale before placing an order. These general terms and conditions may be modified at any time, but such modifications will not apply to orders already placed. If you do not find your default language, feel free to contact us to request a version of the terms and conditions in a specific language. The general terms and conditions are applicable at the time of your visit to the website or at the time of the conclusion of the contract (as defined below) will automatically apply.

2. OUR CONTACT DETAILS

ZERAZI BV, België is the operator of this website, a Belgian company registered with the BCE under number 0764569440 and VAT number BE0764569440, with its registered office located in Belgium, 9230 Wetteren, Noordlaan 152. You can contact us at the following email address: support@zerazi.com. You can also reach us by post at the following address: ZERAZI BV, België, Noordlaan 152, 9230 Wetteren, Belgium.

3. YOUR DETAILS AND WEBSITE VISITS

We respect your privacy and are committed to protecting your personal information. Any information or personal details you provide to us will be processed in accordance with the terms of our Privacy Statement. By using this website, you consent to the processing of such information and details for the purpose of providing the services you have requested and improving our website. You declare that all information provided by you is true and accurate.

4. USE OF THE WEBSITE

By using this website and placing orders through it, you agree to: 1. Use the website only for making legitimate enquiries or orders. 2. Not place any speculative, false, or fraudulent orders. If we have reason to believe that such an order has been placed, we reserve the right to cancel the order and notify the relevant authorities. 3. Provide correct and accurate information, including your email address, postal address, and any other information necessary to process your order. By using this website, you acknowledge that we may use your contact details to communicate with you as necessary, in accordance with our Privacy Statement. If you do not provide all the necessary information, we may be unable to process your order. 4. Not copy, modify, distribute, or otherwise use any content on this website without our express written consent. By ordering through the website, you declare that you are legally capable of entering into a contract. Any use of this website that violates these terms is prohibited.

5. SERVICE AVAILABILITY

We offer delivery of our products worldwide. If you are located in a non-EU member state and wish to order products from us, you may do so by contacting our sales team via email at sales@zerazi.com. Please note that delivery of products to non-EU member states may require additional fees. Our sales team will inform you of any additional delivery costs upon contact.

6. PLACING AN ORDER

The information and details displayed on the website and in these Terms and Conditions constitute an invitation to treat and not an offer for sale. No contract for the sale of products will exist between you and Zerazi BV until we have accepted your order, regardless of whether payment has been processed. To place an order, you must follow the online purchase process and click "Order and Pay" to submit your order. Once we receive your order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). Your order is an offer to purchase one or more products from us, subject to our acceptance. We reserve the right to reject any order or limit the quantity of products ordered. If we accept your order, we will send you a Shipment Confirmation email to confirm that the product has been dispatched and an electronic ticket with your order details attached to it ("E-ticket"). The contract between you and us ("Contract") for the purchase of a product will only be formed when we send the Shipment Confirmation email. Only the products confirmed in the Shipment Confirmation will be covered by the Contract. We reserve the right not to supply you with any other ordered products that have not been confirmed in a separate Shipment Confirmation.

7. PRODUCT AVAILABILITY

All orders of products are subject to product availability. Therefore, in the event of any delivery issues or if the products are no longer in stock, we reserve the right to offer you, in advance, substitute products of equal or higher quality and value which you can then order. If you do not wish to order such substitute products, we will refund you the amount you have already paid.

8. PRICING AND PAYMENT

It is important to note that the prices on the website may be subject to change without notice. However, if you have already placed an order at the time when the price changes, the price you paid will remain the same. Any additional fees or charges that may apply will be clearly indicated at the time of purchase.

In the event that we are unable to obtain authorization for payment, we reserve the right to cancel your order. We also reserve the right to refuse to process any transaction or to cancel any order if we suspect fraud or unauthorized or illegal activity.

All payments made through our website are secure and encrypted. However, we cannot be held liable for any damages or losses incurred as a result of unauthorized access to your personal or financial information.

If you have any questions regarding pricing or payment, please contact our customer service team for assistance.

9. DELIVERY

Delivery times will vary depending on the availability of the products and the delivery destination. We strive to process orders promptly and aim to dispatch orders on the next working day following receipt of the order. However, delays may arise due to unforeseen circumstances or high order volumes. With regard to digital gift cards, these will be delivered to you on the date you indicate when placing the order. If we are unable to meet the delivery date for any reason, we will notify you and provide you with the option to either continue with a new delivery date or cancel your order with a full refund. Delivery will be deemed complete when you or a third party designated by you receives the products at the delivery address, as evidenced by a signed acknowledgement of receipt. For digital gift cards, delivery will be deemed complete on the date of sending to the email address provided by you, in accordance with the gift card's terms and conditions.

10. INABILITY TO DELIVER

We are committed to delivering your products to the agreed delivery address, but if we are unable to do so, we will attempt to find a safe, secure location to leave your package. If we cannot locate a safe, secure location, your products will be returned to our depot, and we will inform you in writing of the options available for a new delivery. If you are unable to be present at the agreed delivery time, please contact us to arrange a mutually convenient delivery date. If your order is not delivered within 30 days of the availability of your order at the place of delivery due to reasons beyond our control, we will consider this as an intention to cancel the Contract. Upon termination of the Contract, we will fully reimburse the price paid for the products, excluding delivery costs and any additional costs in relation to the chosen delivery method other than the least expensive standard delivery offered, as soon as possible, but no later than 14 days from the date of termination. This clause does not apply to digital gift cards, as their delivery is subject to the conditions of use of the gift card and clause 9 above.

11. RISK AND TITLE

Title and risk in the Products shall pass to you upon delivery, but you shall bear all risks associated with the Products from that time. Ownership of the Products will remain with us until we have received full payment of the amount owed for the Products, including delivery costs. This means that ownership will transfer to you on the date of delivery (as stated in clause 9) if the Products have been paid for or on the date of payment if this occurs after delivery.

12. PRICE AND PAYMENT

The price of each product will be as stated on the website at the time of purchase, with the exception of obvious errors. If an error is found in the price of a product you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. The prices listed on the website include VAT, but delivery costs are not included and will be added to the total. Prices may change at any time, but any changes will not affect orders for which we have already sent a shipment confirmation, unless otherwise stated. Payment for your purchase can be made using the payment methods available on our website. You can also use a Zerazi gift card or voucher to pay for your purchase, in whole or in part. Your payment details will be encrypted to reduce the risk of unauthorized usage. We will make a pre-authorization request on your card to ensure you have sufficient funds to complete the transaction, and the total amount will be debited once the products leave our warehouse. If you pay with PayPal or a Zerazi gift card or voucher, you will be debited when the Order Confirmation is issued. Clicking on "Order and Pay" confirms that the bank card belongs to you or that you are the rightful owner of the gift card or voucher. Credit cards are subject to validation checks and authorization from the card issuer. If payment authorization is not received, we will not be responsible for any delays or failures in product delivery.

13. BUYING GOODS AS A GUEST

The functionality of buying goods as a guest is also available on the web page. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.

14. VALUE ADDED TAX

Value added tax (VAT) applies to all purchases made through the website, unless the delivery is to customers in the Canary Islands, Ceuta, and Melilla. The VAT rate applied will be that of the Member State where the items are delivered, in accordance with Title V, Chapter I of Directive 2006/112/EC. In certain Member States of the European Union, the recipient of the delivery may be responsible for paying VAT if they are a taxable person for VAT purposes. If this applies, we will not charge VAT and the customer will be responsible for paying the VAT directly in accordance with Article 194 of the aforementioned Directive. Orders to be delivered to the Canary Islands, Ceuta, and Melilla are exempt from VAT but are subject to applicable taxes and customs duties.

17. RETURNS POLICY

17.1 Statutory right of cancellation Right of withdrawal As a consumer, you have the right to withdraw from the Contract within 14 days without having to provide a reason. The cancellation period expires after 14 days from the date on which you receive, or a third party designated by you (other than the carrier) receives, the items or, in the case of several items forming part of the same order but delivered separately, after 14 days from the date on which you receive, or a third party designated by you (other than the carrier) receives, the last delivered item. To exercise your right of withdrawal, you should notify Zerazi BV of your decision by means of an unequivocal declaration at the following address: Zerazi BV, Kortemunt 4/101, 9000, Gent, Belgium or by email: support@zerazi.com or even by filling in the contact form provided on our website. To meet the cancellation deadline, it is sufficient that you inform us of your decision to exercise your right to cancel before said period expires.

18. EFFECTS OF WITHDRAWAL

If you exercise your right of withdrawal, we will refund all payments received from you, including the original delivery costs to the original delivery place. However, the delivery of the returned goods to Zerazi BV will be at your expense. We will make the refund as soon as possible, and in any case, within 14 days from the date we receive notification of your decision to cancel. We will refund the money via the same payment method that you used to pay, unless you expressly request a different method. You will not incur any fees in relation to this refund.

Please note that we may defer the refund until we have received the returned items or proof of their return, whichever is the earliest. Therefore, we recommend that you return the items as soon as possible, and in any case, within 14 days from the date you notified us of your decision to cancel the Contract.

To return the items, please send them to the following address: Zerazi BV, Noordlaan 152, 9230, Wetteren, Belgium, together with a print-out of the E-ticket attached to the Shipment Confirmation. You will bear the direct costs of returning the items. You are responsible for the items until they are returned to us. Please make sure that the items are securely packaged and appropriately protected.

You will only be liable for any diminished value of the items resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the items. We reserve the right to refuse the refund or to deduct from the refund any amount corresponding to such diminished value of the items.

19. CONTRACTUAL RIGHT OF CANCELLATION

In addition to the statutory right of cancellation, as outlined in clause 18, you have the right to return any item (excluding those mentioned in clause 20) to us within 14 days of receiving the Shipment Confirmation. Returns of gift cards are subject to the conditions outlined in the gift card terms and conditions. If you return items under your contractual right of return, but outside the statutory cancellation period, you will only be reimbursed for the purchase price of the items. You will not be reimbursed for the delivery costs. You will be responsible for any costs incurred in returning the items. If you exercise your right to cancel, as provided in clause 18, but after the expiration of your statutory right, you must return the items to us within 30 days of receiving the Shipment Confirmation.

20. GENERAL PROVISIONS

You cannot cancel the Contract for personalized items or goods. Your right to cancel the Contract only applies to items returned in their original condition. No refund will be granted if the item (i) has been used after being opened, (ii) is not in the same condition as received, or (iii) is damaged. You are responsible for taking care of the item(s) in your possession and returning them in their original packaging, along with any instructions and documents sent with the items.

To exercise your right to cancel the Contract, you may complete the relevant form on our website or return the item directly to us at the address stated in clause 18 above, along with a print-out of the E-ticket attached to the Shipment Confirmation. You must return the item(s) as soon as possible, and you will bear the costs of returning them.

Once we have examined the returned item, we will inform you whether you are entitled to a refund for the monies paid. Delivery costs will only be reimbursed if you exercise your right to cancel within the statutory period and return all items. We will refund the amount via the same payment method you used to make the purchase, unless you provide a gift receipt for the return. In this case, we will refund you by means of a Zerazi gift card. We will make the refund as soon as possible, which should be within 14 days from the date of your notification. However, we may defer the refund until we have received the returned items or proof of their return, whichever is earlier.

If you have any questions, please contact us by filling in the relevant form on our website or by sending us an email at 'support@zerazi.com'.

21. RETURN OF FAULTY ITEMS

If you receive a faulty item, you should immediately contact Zerazi by emailing 'support@zerazi.com'. You should provide details of the item, the defect, and any applicable photos. You must also return the item to Zerazi along with a printout of the E-ticket. Zerazi will examine the item and determine whether you are entitled to a replacement or refund. If you are entitled to a replacement or refund, Zerazi will refund or exchange the item as soon as possible, within 14 days of their email confirmation. If the defect or damage is proven, Zerazi will fully refund the price of the item, including delivery costs and expenses incurred in returning the item. The refund will be made via the same payment method used to make the purchase unless you present a gift receipt for the return, in which case the refund will be made by means of a Zerazi gift card. This clause does not affect your statutory rights.

22. RIGHT OF WITHDRAWAL AND RETURN FOR ORDERS FROM ABROAD 

If you have ordered products from outside Belgium from another EU member state via this website, the clauses 18, 19, and 20 mentioned above will apply. However, please note that we are not obligated to pay shipping costs to destinations other than the original delivery address or the return costs from destinations outside the EU, except for clause 21, to which this clause 22 does not apply.

23. LIABILITY AND EXCLUSIONS

Our liability for any product purchased through our website is limited to the purchase price of said product unless expressly stated otherwise elsewhere in these Terms and Conditions. However, this limitation of liability does not apply to any liability we may have for: (1) death or personal injury caused by our negligence; (2) fraud or wilful misrepresentation; or (3) any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

We will not be liable, insofar as provided under law and there being no provision to the contrary in these Terms and Conditions, for the following losses, regardless of their origin: (1) loss of revenue or sales; (2) operating losses; (3) loss of profits or contracts; (4) loss of anticipated savings; (5) loss of data; and (6) loss of working or management time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless expressly stated otherwise. All documents, descriptions, and information relating to the products appearing on this website are provided "as is," without any explicit or implicit warranty, unless so warranted under law.

However, where you are contracting as a customer, we will deliver the products in accordance with the contractual provisions and will be liable to you in the event of any lack of conformity noted at the time of delivery. Products will be considered compliant with the contractual provisions if they (1) conform to the description provided by us and possess the features stated on the website; (2) are suitable for the purposes for which products of their type are generally designed; and (3) meet the quality and performance criteria which are normal for products of the same type and which can be reasonably expected.

All warranties are excluded, except for those warranties to the benefit of consumers and users who cannot be legally deprived of such warranties (in particular, the legal warranty of conformity provided in Articles 1649bis to 1649octies of the Belgian Civil Code).

The products that we sell, in particular hand-crafted products, often have characteristics of the natural materials that are used in their manufacture. Such characteristics may contain variations in their grain, textures, knots, or color, which cannot under any circumstances be considered defects or faults. On the contrary, you should expect and appreciate such inconsistencies. We only choose the highest quality products, but natural characteristics are inevitable and should be accepted as forming an intrinsic part thereof.

This clause does not affect your statutory rights as a consumer or user, or your right to cancel the Contract.

24. INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights, including copyrights and trademarks, in the information or content displayed on the website are owned by us or our licensors. You may only use such information or content within the limits expressly authorized by us or our licensors. This clause does not limit your ability to use the website to the extent necessary to copy orders or contact details. Any unauthorized use or reproduction of the website's content or materials is strictly prohibited and may result in legal action.

25. VIRUSES, PIRACY AND OTHER COMPUTER SECURITY ATTACKS

We take the security of our website seriously and expect you to do the same. You must not use the website for any illegal purpose, including but not limited to introducing any virus, Trojan horse, worm, logic bomb or any other type of software or material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the site is hosted, or any server, computer or database connected to the website. You agree not to attack the website through a denial of service attack or a distributed denial of service attack. If you breach any of these provisions, your right to use the website will immediately cease and we reserve the right to take legal action against you. We will not be held responsible for any loss or damage resulting from your use of the website, including but not limited to a denial of service attack, virus, or any other technologically harmful software or material that could affect your computer, IT equipment, data, or other material as a consequence of using the website, downloading its content or accessing any other website to which you may be redirected.

26. LINKS TO OTHER WEBSITES

Our website may contain links to third-party websites and materials. These links are provided for informational purposes only, and we have no control over the content or availability of these external sites. We do not endorse and are not responsible for the content, accuracy, legality, or any other aspect of these websites or materials. Your use of any linked sites or materials is at your own risk, and we are not liable for any loss or damage that may arise from your use of such sites or materials.

27. ELECTRONIC COMMUNICATIONS

By using this website, you agree that most communication with us will be conducted electronically. We may contact you by email or by posting notices on the website. You consent to receive electronic communications from us and acknowledge that all contracts, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This clause does not affect your statutory rights. We will not be liable for any loss or damage resulting from any electronic communication sent by us to you.

28. NOTICES

All notices that you send to us must be made through our website contact form. We may send notices to you at the email or postal address you provided when placing your order, unless otherwise specified in Clause 27. Notices will be considered received and properly served when posted on our website, 24 hours after an email is dispatched, or three days after a letter is posted. To prove the serving of a notice, it will be sufficient to demonstrate that the letter was properly addressed, stamped, and posted, or that the email was sent to the recipient's supplied email address.

29. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on both parties as well as our respective successors and assignees. You may not transfer, assign, charge or dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. However, this does not affect your statutory rights as a customer or any warranties provided to you by us. We reserve the right to transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the performance of the contract.

30. EVENTS OUTSIDE OUR CONTROL

We will not be held liable for any non-performance or delay in fulfilling our contractual obligations caused by events outside our reasonable control ("Force Majeure"). This includes any act, event, non-performance, omission, or accident beyond our reasonable control, including but not limited to: 1. Strikes, lockouts, or other industrial actions. 2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or otherwise), or threat of or preparation for war. 3. Fire, explosion, storm, flooding, earthquake, landslide, epidemic, pandemic, or other natural disasters. 4. Impossibility of using transportation via railway, sea, air, road, or other means of public or private transport. 5. Impossibility of using public and private telecommunication networks. 6. Acts, decrees, legislation, regulation, or restriction of any government. 7. Strikes, breakdowns, or accidents in maritime, postal, or other transport.

During a Force Majeure event, our performance of the Contract will be suspended, and our deadlines for performance will be extended accordingly. We will make every effort to bring the Force Majeure to an end or find a solution that allows us to fulfill our contractual obligations despite the Force Majeure.

31. WAIVER

We reserve the right to enforce strict compliance with all of your contractual obligations and with these Terms and Conditions at any time. Failure to enforce any of these obligations or rights shall not constitute a waiver of such rights or remedies, nor shall it affect our ability to enforce these obligations or rights in the future. Any waiver by us of your obligations under the Contract or these Terms and Conditions must be acknowledged as such by us in writing and will not be effective unless we have notified you in accordance with the "Notices" clause above.

32. SEVERABILITY

If any provision of these Terms and Conditions or of a Contract is found by a competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed to be severed from the remainder of the provisions, which shall remain valid and enforceable to the fullest extent permitted by law.

33. ENTIRE TEXT OF THE CONTRACT

The entire agreement between you and us in relation to the Contract is comprised of these Terms and Conditions and any document that is referred to herein. These Terms and Conditions supersede any previous agreement, understanding, or arrangement, whether written or oral, between you and us. By entering into the Contract, both parties acknowledge that they are not relying on any declarations, undertakings, or promises made by the other party, either implicitly or explicitly, during any previous negotiations unless expressly stated in these Terms and Conditions. Both parties waive any remedies for false statements, whether oral or written, made by the other party prior to the Contract date, except in cases of fraud. The only available remedy for such false statements is termination of the Contract in accordance with these Terms and Conditions.

34. OUR RIGHT TO AMEND THESE TERMS AND CONDITIONS

We reserve the right to modify these Terms and Conditions at any time, and we will notify you of any such changes by posting an updated version on our website. Your continued use of our services after we have posted the updated Terms and Conditions constitutes your acceptance of the revised terms.

35. APPLICABLE LAW AND JURISDICTION

Any dispute arising out of or in connection with these Terms and Conditions, including any disputes regarding the formation, validity, interpretation, performance, breach, termination, or cancellation of the Contract, shall be subject to the non-exclusive jurisdiction of the courts of Belgium. These Terms and Conditions shall be governed by and construed in accordance with the laws of Belgium.

36. COMMENTS AND FEEDBACK

We value your comments and feedback, and we welcome them. You can send your comments and feedback to us through our website contact form. If you believe that your rights as a purchaser have been violated, you can send your complaint to the email address 'support@zerazi.com' to seek a resolution of the dispute.

If you made your purchase from us online through our website and are a resident of the European Union, you can use the European Union platform for online dispute resolution, accessible through the Internet address http://ec.europa.eu/consumers/odr/ to seek an out-of-court settlement of the consumer dispute.

If you reside outside of the European Union and have a dispute with us, you agree that any such dispute shall be governed by and construed in accordance with the laws of Belgium, and that any legal action or proceeding arising out of or in connection with your use of our website shall be brought exclusively in the courts of Belgium.

If you have any questions or concerns, you may contact the Consumer Mediation Department at North Gate II Boulevard du Roi Albert II 8, 1000 Brussels, Tel: +32 (0)2 702 5220 Fax: +32 (0)2 808 7129, Email: contact@consumerombudsman.be, Website: https://www.consumerombudsman.be.

Last updated: 23/04/2023.