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These general conditions consist of the following chapters: 1. Introduction; 2. Sales conditions; 3. Usage of the website and 4. Miscellaneous, as well as policy, conditions or documents a link to which is included in these conditions (jointly the ‘general conditions’).
www.zuca-europe.com (the ‘website’) is exploited by or on behalf of TDBC B.V. – ZÜCA Europe, Rivium Boulevard 301-320, 2909 LK Capelle. If you place an order through this website, and after you have received confirmation that your order has been accepted, a purchase agreement is concluded between you and TDBC B.V. (in the following jointly referred to as ‘ZÜCA Europe/we/us’).
Read these sales conditions with care before ordering products on-line through the website.
These sales conditions are applicable to all offers and agreements regarding the sale and delivery of products by us. That means that you accept these sales conditions when you (i) order something through the website, (ii) order something through a web page which is linked directly to the website or (iii) accept an offer from us. These sales conditions can only be deviated from with our written consent.
We have various types of products, also including products which were designed and manufactured entirely by ZÜCA (‘standard products’), but also products which were designed by ZÜCA on the one hand but can be modified or personalized by you by selecting materials, colors, or other preferences (personalized products), jointly referred to as ‘products’.
For products from a ‘limited edition’ or ‘limited production’, additional restrictions may apply, for example restrictions with regard to the number of such products per customer. These additional restrictions will be brought to your attention through the website.
All products which are shown on the website are offered subject to availability. Though we do our best to make sure that our website displays the effectively available stock, it may therefore occur that a product shown on the website nevertheless is no longer available.
Small color differences and other deviations in products are possible as a consequence of varying video-recording and -displaying technologies or due to other technical factors. ZÜCA Europe is not liable for such differences and deviations. No rights can be derived from typing errors, product descriptions or apparent mistakes on the website.
You must be 16 years or older to buy products through the website.
You may only order through the website in the capacity of a consumer, that is, not as a reseller.
You guarantee that the information you provide us with in your request or order is correct and complete.
2.4.1 General aspects of the conclusion of agreements
The following applies to all types of products. All information on the website is only an ‘invitation to the preparation of an offer’. In other words, the information as such does not constitute an offer or binding agreement. You agree that your order is an offer to purchase the products which are stated in your order.
All orders you place must first be accepted by us. We have the right at all times to verify an order beforehand and/or to refuse an order without indicating reasons and without any liability arising towards you or third parties as a result. If we have not confirmed your order within ten business days, it must be considered refused.
We can decide at our own discretion not to accept your order. Potential cases in which we do not accept your orders are:
a. In case a product shown on the website is not available (any more);
b. In case we cannot obtain authorization for your payment;
c. In case shipping restrictions apply to a product;
d. In case for a product shown on the website there is an (obvious) mistake, such as a wrong price or an incorrect description.
In the situations mentioned above under a through d, we reserve ourselves the right to still cancel your order after conclusion of the purchase agreement and therefore to cancel the purchase agreement. After cancellation, we will of course refund the amount you have paid for the cancelled order (or the cancelled part thereof).
ZÜCA Europe reserves itself the right at all times to refuse an order in case ZÜCA Europe knows or reasonably suspects that it was brought about with the aid of or through software, robot, crawler, spider, or another automatic means or device.
2.4.2 Special aspects of the adoption of agreements for standard products
After you have placed your order, we will send you a confirmation by e-mail with your order number, details of the standard products you have ordered and details of possible delivery services. Your order can only be said to have been accepted and a purchase agreement for the standard products to have been concluded between you and us when you receive a confirmation from us that the standard products have been shipped to you from our warehouse.
2.4.3 Special aspects of the conclusion of agreements for personalized products
After you have placed an order for personalized products, we send you a confirmation by e-mail. As soon as you have received this confirmation, acceptance of your order can be said to have occurred, as well as the conclusion of a purchase agreement for personalized products between you and us, unless what is stipulated in article 2.4.1 is applicable.
All products remain the property of ZÜCA Europe until you have fully settled all amounts owed to us pursuant to one or more agreements, including the costs of earlier or later deliveries or partial deliveries. You may not sell, alienate, or encumber products until full property has been transferred to you.
We draw your attention to the washing and maintenance requirements which are printed on the labels in the products or are stated elsewhere, on our website. We are not liable for damage as a consequence of the incorrect handling of products, including their treatment in violation of the requirements.
Apart from your right of revocation, it is possible in limited cases to cancel an order for standard products. To do so, contact our customer services at [email protected]pe.com.
The listed prices are inclusive of VAT. Prices are listed in euros (€). ZÜCA Europe reserves itself the right to apply price changes before you have placed an order.
We reserve ourselves the right to modify, limit, or terminate special offers or discounts at any time.
We can apply delivery costs. Any possible delivery costs are billed separately, itemized and added to the total amount of the order.
Check the website for information on available payment methods.
ZÜCA Europe reserves itself the right to conduct an individual credit check for every order. Depending on the findings of it, ZÜCA Europe reserves itself the right to refuse certain payment methods.
If we choose or we are legally obliged to issue or make available an invoice, we reserve ourselves the right to do so in electronic form and you accept this.
You can add your own text to personalize a product. It may be your name, a logo, or you can be as creative as you want. Do keep it decent. We reserve ourselves the right to remove inappropriate language and brand names. Also keep in mind that some special signs are not supported by our system.
We ask you not to use, upload, supply, copy, or otherwise render public names, words, or formulations which:
1. Represent or contain the name of products, services, businesses, organizations, or events which belong to someone else;
2. (can) infringe on trade names or other intellectual property rights of third parties;
3. Are threatening, incite to violence, are defamatory, obscene, discriminatory, incendiary, sexually explicit or otherwise violate the law; and/or
4. In the opinion of ZÜCA Europe are otherwise unacceptable.
ZÜCA Europe reserves itself the right to reject customizations, names, words, or formulations (or combinations thereof) which fall in one of the above categories. In that case, your order is cancelled. In addition, ZÜCA Europe has the right to demand compensation equal to the value of the ordered products.
NB: When you place an order for personalized products:
a. You declare and guarantee that the names, words, or formulations you use, upload, supply, copy, or otherwise render public for the benefit of your personalized product, do not fall in one of the above categories;
b. You agree to safeguard and keep safeguarded ZÜCA Europe against all costs, expenses, damage, losses, and liability which ZÜCA Europe suffers or incurs as a result of the names, words, or formulations (including on your personalized product) used, uploaded, supplied, or otherwise rendered public by you;
c. You grant ZÜCA Europe and its associated companies a non-exclusive, irrevocable, royalty-free, worldwide, fully licensable right to use, reproduce, render public and modify for the purpose of implementing your order the names, words, or formulations supplied by you; and/or
d. To the extent the order regards personalized products, you do not have any reflection time, right of revocation or right of rescission (art. 6:230p sub f under 1° BW (Netherlands Civil Code)).
We deliver the products to the address submitted by you. We can only deliver to a home or office address or a pick-up point of a forwarder. You accept that in the event the delivery is unsuccessful, the forwarder we deploy may also deliver the products to an address in the vicinity or a pick-up point, after which ZÜCA Europe is considered to have fulfilled its delivery obligation. The forwarder will inform you on the delivery to the address in the vicinity or the pick-up point.
Orders are sent on working days, with the exception of holidays in the area where our warehouse is located. For that reason, take into account the (national and/or regional) holidays in your country. Deliveries are made on working days, with the exception of holidays in your country. Do remember that holidays may vary from country to country and from year to year.
For further information about delivery times, you can check the specifications indicated for the products on our website. Delivery times are indicative and therefore do not count as a deadline for delivery. The fact that a delivery term has been overrun does by itself not give you the right to compensation. In the unlikely case that a delay occurs upon delivery, we may decide still to compensate you for the total cost of delivery. Do keep in mind that for personalized products, different delivery times apply. If your order comprises standard products and personalized products, delivery of the whole order will take longer. To the extent reasonably possible, ZÜCA Europe has the right to deliver the order in batches, so you receive your products as soon as possible. No extra costs are involved in such partial deliveries. If you were yourself, however, to request us for delivery in batches, we can apply additional delivery costs for this. Each partial delivery constitutes a separate purchase agreement. If we deliver a batch too late or in the event of an incorrect partial delivery, this does not give you the right to cancel any other possible parts of the order.
In the unlikely case that we – for reasons outside our fault – after conclusion of the purchase agreement are not or no longer able to deliver (a part of) your order, we have the right to terminate the purchase agreement. We will of course inform you accordingly as soon as possible, after which the amounts already paid will be refunded to you.
You can find practical information and instructions for the returning of standard products under returns on the website.
If you are authorized to revoke a purchase agreement with us (and so to return your standard products in accordance with article 2.14 or 2.15), the following conditions apply.
Reporting revocation and the return of products
To exercise our right of revocation, you must let us, TDBC B.V. – ZÜCA Europe, Rivium Boulevard 301-320, 2909 LK Capelle, the Netherlands, know by way of an unambiguous statement (e.g. in writing by regular or e-mail) that you have decided to revoke the agreement. You can use the standard form for revocation for this which we have included as appendix 1 to these general conditions, but this is not obligatory. You can also revoke the purchase agreement electronically by reporting it through our website. If you make use of this option, we will confirm receipt of your request by e-mail.
To meet the revocation terms mentioned in article 2.14 and 2.15, you must let us know before expiry of the revocation term in question that you are exercising your right of revocation.
Standard products must be returned (in accordance with the instructions on the website) to:
Tigers International Logistics BV,
fao. ZÜCA Europe - TDBC,
3197 LH Botlek - Rotterdam,
The simplest way – and the way we prefer – to return your products is by following the step-by-step plan under ‘returns’ on the website. In this way, not only are the products returned but we are also informed of your wish to revoke the purchase agreement.
Returns which are not compliant with the above instructions are at your own risk and expense.
As soon as we have received and processed the returned product(s), we will let you know by e-mail.
NB: For personalized products, special conditions apply because they were made especially for you. Without prejudice to your legal rights, this means you may not return them pursuant to the voluntary return warranty, unless there are manufacturing defects.
You have the right to revoke this agreement within fourteen (14) days without stating grounds.
The revocation term amounts to fourteen (14) days from the day on which you or a third party designated by you, not being the forwarder, has received the products, or, if your order comprised several products which are delivered separately, the day of delivery of the last product(s) within this order (‘revocation term’).
To meet the revocation term, you must let us know before expiry of that term that you are exercising your right of revocation.
You must send back the products immediately, though in any case no later than fourteen (14) days after the day when you have informed us of the revocation of the purchase agreement, in a suitable wrapping or prepare them for return in accordance with the return- and revocation policy in article 2.13. This term is considered to have been met if you send the product before this term has expired.
If you revoke the purchase agreement during the revocation term in accordance with our returns policy (article 2.13) and this article 2.14, we refund all payments received from you, including shipping costs (on condition the returned standard product(s) constitute the entire order, are unused and excluding any possible additional costs for return shipping), no later than fourteen (14) days after receipt of your returns. For this refund we will make use of the same payment method the original transaction was made with, unless we arrange a different payment method with you; in any case, we never charge you for such refunds. We can postpone restitution until we have received and controlled the returned products.
You do not have a right to revocation pursuant to article 2.14 or 2.15 for agreements with regard to:
Because personalized products are made especially for you, we do not accept the returning of personalized products, except in the event of manufacturing defects, as explained in article 2.13. In the event of a defect on your personalized product, we ask you to contact our customer services, through [email protected]
Products cannot be traded in. If you want to trade in a product, you must first return your order, after which you will be refunded, and you can place a new order. You only get money back in case the products have been returned to us in conformity with our returns and revocation policy in article 2.13.
At ZÜCA Europe we value quality first. We test all our products thoroughly under realistic circumstances to make sure that they are completely suitable for the purposes they were designed for. It only happens rarely that our products are damaged or defective. ZÜCA Europe is legally obliged to make sure that our products are in accordance with the purchase agreement.
Returned products are investigated by our Quality Control department. You will get your money back if the damage is the result of a manufacturing error or of a deviation from the product specifications. In case of defective products, you will always get all your money back.
If the issue is not the result of the quality of the material or the manufacturing process, the original product will be sent back to you. We do not refund you for products which:
The lifecycle of a product depends on the user, the circumstances under which it is used and the specific wear-pattern of the user. Products which are damaged as a consequence of normal wear or the reasonable lifecycle of which has expired are not replaced. Our Customer Services are available for you. You may always contact us in case you have questions or comments. You can reach us here .
Read these conditions for the use of the website (‘conditions for use of the website’) with attention before you make use of the website and of any possible content of ZÜCA Europe on social media websites, including Facebook, Instagram, YouTube, and Twitter (jointly: the ‘website’). These conditions for use of the website are applicable to every visit and all use of the website, as well as of the content (as defined in the following), information, recommendations, products, and services which you receive on or through the website. By visiting and using the website, you indicate your complete approval of these conditions for use of the website, besides other legislation and regulations which are applicable to the website and the internet. If you do not accept these conditions for use of the website, you are asked to leave the website immediately.
All content on the website, including though not limited to logos, pictograms, trademarks, text, graphic representations, photographs, pictures, moving pictures, sound, illustrations, and software (‘content’), is the property of ZÜCA, their licensors or content providers. All elements of the website, including though not limited to the general design and the content, may be protected on grounds of copyright, personality rights, databank rights, trademarks, and other legislation regarding intellectual property rights. Unless emphatically permitted pursuant to this or another agreement with ZÜCA Europe, it is prohibited to copy or forward parts or elements of the website or the content in any manner. Unless it is emphatically established otherwise, the website, the content, and all associated rights remain the exclusive property of ZÜCA Europe and their licensors. All these rights are reserved.
The copyright to all content is and remains the property of ZÜCA Europe and/or their licensors. Unless it is indicated otherwise in specific documents on the website, you may only view, play, print, and download content found on the website for personal, information and non-commercial purposes. You may not modify material nor copy, distribute, send, display, implement, multiply, publish, transfer, sell, give in license or create derived works from, content. You may not reuse content without the prior consent of ZÜCA Europe. In the context of these conditions, the use of such content on other websites or in other network environments is prohibited. You may not remove indications of copyrights, trademarks or other indications of property on content found on the website.
If you download software (including though not limited to screensavers, smartphone applications, pictograms, videos, and wallpaper) from the website, then the software, including files, pictures processed in or generated by the software and information associated with the software (jointly the ‘software’) is licensed to you by ZÜCA Europe. ZÜCA Europe does not transfer the property of the software to you. You are the owner of the medium on which the software is saved, but ZÜCA Europe retains the full property rights to the software and all intellectual property rights thereto. You may not redistribute, sell, decompile, reverse-engineer, disassemble, or otherwise reduce the content to a man-readable form.
Trademarks, service marks, logos, and trade names on products of ZÜCA Europe, whether they are registered or not, as well as on product wrappings and/or on the website (the ‘trademarks’) remain the exclusive property of ZÜCA Europe and/or their licensors and are protected on grounds of the applicable legislation and treaties regarding trademarks. Without the previous written consent of ZÜCA Europe it is prohibited to use, copy, multiply, re-release, upload, place, distribute or modify, including in advertising or commercials regarding the distribution of material on the website. Without the emphatic written consent of ZÜCA Europe, the use of trademarks on other websites or in other network environments, such as the storage or multiplication of (a part of) the website on external internet sites or the creation of links, hypertext, links or deep links between the website and other internet sites is prohibited.
The website and the content are for free and are provided 'as is' and without any type of guarantee. The information on the website is exclusively intended for general purposes of information and does not constitute advice.
ZÜCA Europe does not declare or guarantee that the information and/or the facilities on the website are correct, complete, and current, or that the website or the server which makes available the website are free from viruses or other harmful components. ZÜCA Europe furthermore does not provide any specific IT-infrastructure or connections. That is why ZÜCA Europe cannot declare or guarantee either that the website functions without interruptions or is free from errors. To the extent legally permitted, ZÜCA Europe refrains from guarantees or statements regarding the use of the content on the website as to the correctness, accuracy, suitability, usability, timeliness, reliability thereof or otherwise.
Use of the website is at your own risk. Neither ZÜCA Europe, nor its licensors, collaborators, officials or administrators, nor agents or others who are involved in the creation, production, or delivery of the website, are liable for direct, indirect, special, consequential, operational, or other damage as a result of the use of – or the impossibility to make use of – the content on the website, including damage which is caused by viruses or another inaccuracy or omission in the information on the website, or the performance of the products of which otherwise result from or is connected with these conditions for use of the website, even if the possibility of such damage has been pointed out to ZÜCA Europe.
It is prohibited to use the website for the posting or forwarding of user content (as defined in the following) which (possibly) infringes on the intellectual property rights of third parties, or which is threatening, false, misleading, incendiary, defamatory, which violate other people’s privacy, obscene, pornographic, insulting, discriminatory, or illegal, or which can constitute or encourage conduct which is considered criminal, violates the rights of others or which can otherwise form grounds for civil liability or infringes on legislation. ZÜCA Europe can deny you access to the website at all times, for instance in situations in which ZÜCA Europe holds your use of the website to be in violation of these conditions for use of the website and/or the applicable legislation.
It is also prohibited to use the website for advertising or other commercial purposes.
It is not permitted to you to use software, robots, crawlers, spiders, page scrapers, or other automatic means or devices to (a) open, copy, impact, or monitor parts of the website or the content thereon, or to circumvent the structure or presentation of the website or the content thereon, or (b) disrupt or influence the functioning of the website or transactions which are conducted through the website by any party whatsoever, or to facilitate third parties to purchase a product on the website.
It is not permitted to you to try by way of hacking, password mining, or in any other illegitimate or prohibited manner, to obtain unauthorized access to parts or features of the website or to systems linked to the website.
All opinions, comments, commentary, artwork, graphic representations, photos, links, questions, suggestions, information, videos, and other material (including your product customizations) which you or other users of the website place on the website or send through the website (‘user content’), are considered not to be confidential and not to be protected by property rights. This means that ZÜCA Europe has the non-exclusive, royalty-free right to use, copy, distribute, and communicate to third parties, user content for any purpose, through any medium and worldwide (licensing). You acknowledge and accept that ZÜCA Europe only acts as a transmitter for the distribution of the user content and is not responsible or liable towards you or third parties for the content or accuracy of user content. ZÜCA Europe will not constantly monitor the user content published by you and will not mediate either between users, nor does ZÜCA Europe have any obligation to do so. Without prejudice to the general tenor of the preceding, you acknowledge and accept that comments, opinions, commentary, suggestions, and other information which are expressed or included in the user content do not necessarily represent those of ZÜCA Europe. The use of the user content is entirely at your own risk. You declare and guarantee that the user content posted or sent by you is yours originally and is not the copy of third-party work or otherwise violates intellectual property rights, privacy rights or personality rights of third parties and does not contain defamatory or denigrating statements. You declare and guarantee furthermore that you are authorized to grant the license intended in this paragraph. You agree to safeguard ZÜCA Europe and its associated businesses and to keep them safeguarded against all costs, expenses, damage, losses and liability which ZÜCA Europe or its associated businesses suffer or incur in connection with user content posted or forwarded by you or by any other use of the website by you.
ZÜCA Europe reserves itself the right to block or remove user content posted or forwarded by you at their own discretion (entirely or partially) to the extent in the opinion of ZÜCA Europe it is not in accordance with these conditions for use of the website (including material which (possibly) violates intellectual property rights, privacy rights or personality rights of third parties) or is otherwise unacceptable for ZÜCA Europe.
You agree to immediately inform ZÜCA Europe in writing (for contact details, see below under ‘How to contact us’) of user content (or other content) which violates these conditions for use of the website. You agree to provide ZÜCA Europe with such information as ZÜCA Europe needs to be able to investigate whether this user content (or other content) violates these conditions for use of the website. ZÜCA Europe declares it will in good faith exert itself to investigate the complaint in case and will take such measures as it deems necessary. ZÜCA Europe does not declare or guarantee, however, that it will block or remove (entirely or partially) the intended user content or other content.
ZÜCA Europe maintains a policy of refraining from evaluating or accepting ideas, inventions, designs and/or other material regarding ZÜCA Europe which are submitted without being requested, regardless of whether they consist of text, imagery, sound, software, information, or otherwise (‘material’), of persons outside ZÜCA Europe. We therefore ask you not to place any material on the website, nor to send it by e-mail or in another manner to ZÜCA Europe.
If you have questions or comments about the website or the general conditions of ZÜCA Europe, or in the unlikely case that you would have a complaint, you can always contact our Customer Services by clicking here
You can also write to the address below:
TDBC B.V.- ZÜCA Europe
Attn. Customer Service Department
Rivium Boulevard 301-320
2909 LK Capelle aan den IJssel
In case of conflict between the general conditions of ZÜCA Europe and content in other parts of the website or in links, the general conditions in this document prevail.
We reserve ourselves the right at any time to apply changes to these general conditions.
To the use of this website and every agreement between you and us the version of the general conditions is applicable which is in force at the moment you place the order through this website or on the day that you use this website (if applicable).
Control regularly whether there are changes to the general conditions.
All provisions in these general conditions must be interpreted separately and independently from each other. If a provision is invalid, void, or is otherwise considered unenforceable, that provision will be split off and will have no impact on the enforceability of the other provisions in these general conditions.
ZÜCA Europe reserves itself the right to outsource, transfer, cede, or reconfirm our rights and obligations pursuant to these general conditions entirely or partially, on condition that your rights on grounds of these general conditions are not affected. It is not permitted to you to outsource, cede, or otherwise transfer your rights or obligations pursuant to these general conditions without our written consent.
ZÜCA Europe will not be held responsible for delays in the implementation of or for non-compliance with our obligations pursuant to these general conditions if such is the consequence of a circumstance which is reasonably outside the control of ZÜCA Europe.
To these general conditions, Netherlands legislation is applicable. To the purchase agreement, Netherlands legislation is applicable, to the exclusion of the Vienna Commercial Treaty (CISG). This does not impact on the applicable rules of a mandatory nature according to your country of residence.
Any possible disputes which occur on grounds of these general conditions can be submitted by you, at your own option, to the competent court in the Netherlands. ZÜCA Europe will submit any possible disputes which occur on grounds of these general conditions to the competent court in the Netherlands.
Version December 2018
TDBC B.V. – ZÜCA Europe
Rivium Boulevard 301-320
2909 LK Capelle aan den IJssel
I /We* hereby announce that I/we revoke my/our purchase agreement for the following goods:
Ordered on*/Received on*:
Name consumer(s) and order number:
Date/Signature of consumer(s) (only if this form is submitted on paper):
(*) Cross out where not applicable.