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 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
The following terms are defined as follows in these conditions:
- Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.
- Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur.
- Day: Calendar day.
- Continuous Transaction: A distance agreement concerning a series of products and/or services, with delivery and/or purchase obligations spread over time.
- Durable Medium: Any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction.
- Right of Withdrawal: The consumer’s option to withdraw from the distance agreement within the cooling-off period.
- Model Form: The withdrawal form provided by the entrepreneur, which the consumer can use to exercise their right of withdrawal.
- Entrepreneur: The natural or legal person offering products and/or services to consumers remotely.
- Distance Agreement: An agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where only one or more means of distance communication are used up to and including the conclusion of the agreement.
- Means of Distance Communication: A tool that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space.
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
IZU Concept
- Phone: +31 641 285 208
- Website: www.izuconcept.com
- Email: info@izuconcept.com
- VAT No.: B56757966
If the entrepreneur’s activity is subject to a relevant licensing system:
- Details regarding the supervisory authority.
If the entrepreneur practices a regulated profession:
- The professional association or organization they are affiliated with.
- The professional title and the place in the EU or European Economic Area where it was awarded.
- A reference to the applicable professional rules in Spain and instructions on where and how these rules can be accessed.
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
- Before a distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the terms can be viewed and that they will be sent free of charge upon request.
- If the distance agreement is concluded electronically, these terms can also be provided electronically in a way that enables the consumer to store them on a durable medium.
- In cases where specific product or service conditions also apply, these general terms remain applicable unless the specific conditions are more favorable to the consumer.
- Should any provision of these terms be deemed null and void or annulled, the remaining provisions will remain in effect, and the invalid provision will be replaced by a valid one that closely resembles its intent.
- Situations not covered by these terms will be evaluated according to their spirit.
- Ambiguities regarding the interpretation or content of these terms will also be interpreted according to their spirit.
Article 4 – The Offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are truthful representations of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
- All images, specifications, and details in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
- Images of products are truthful representations of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
- Each offer includes information that makes it clear to the consumer what their rights and obligations are if they accept the offer. This information particularly includes:
- The price, including taxes;
- Any applicable shipping costs;
- The method by which the agreement will be concluded and the necessary steps for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The period for accepting the offer or the period within which the entrepreneur guarantees the price;
- The cost of remote communication if charged on a basis other than the standard basic rate for the used communication method;
- Whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
- The way the consumer can check and, if desired, correct the information they provided as part of the agreement before its conclusion;
- Any other languages in which the agreement can be concluded in addition to Dutch;
- The codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes electronically; and
- The minimum duration of the distance agreement in the case of a long-term transaction.
Optional: available sizes, colors, and types of materials.
Article 5 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated terms and conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve 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 ensure a safe web environment. If the consumer is able to make electronic payments, the entrepreneur will take appropriate security measures.
- The entrepreneur may, within the legal framework, gather information about whether the consumer can fulfill their payment obligations, as well as all relevant facts and factors for responsibly entering into a distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse a request or order or to attach special conditions to its execution.
- The entrepreneur will provide the consumer with the following information, in writing or in a way that allows the consumer to store it on a durable medium in an accessible manner.
- The visiting address of the entrepreneur’s establishment where the consumer can file complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information on guarantees and available after-sales services;
- The details specified in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if it has a duration of more than one year or is indefinite;
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery;
- Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When delivering products
- When purchasing products, the consumer has the right to cancel the agreement without providing a reason within 14 days. This reflection period begins on the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
- During the reflection period, the consumer shall handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they must return the product, with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notification must be made using the model form. After the consumer has informed the entrepreneur of their intention to exercise the right of withdrawal, the product must be returned within 14 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.
- If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the timeframes mentioned in paragraphs 2 and 3 or has not returned the product, the purchase is final.
When delivering services:
- When delivering services, the consumer has the right to cancel the agreement without providing a reason within at least 14 days, starting from the day the agreement is concluded.
- To exercise their right of withdrawal, the consumer must follow the reasonable and
clear instructions provided by the entrepreneur at the time of the offer and/or at the latest when delivering the service.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, the maximum cost of return shipping will be borne by the consumer.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is conditional on the product having already been received by the entrepreneur or proof of complete return being provided.
Article 8 – Exclusion of Right of Withdrawal
- The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the agreement is concluded.
- Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur according to the consumer’s specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That are liable to deteriorate or expire rapidly;
- Whose price is subject to fluctuations on the financial market which the entrepreneur cannot influence;
- For single newspapers and magazines;
- For audio and video recordings and computer software where the consumer has broken the seal;
- For hygiene products where the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- Concerning accommodation, transportation, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
- Where the delivery has expressly started with the consumer’s consent before the reflection period has expired;
- Concerning bets and lotteries.
Article 9 – The Price
- During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and over which the entrepreneur has no control, at variable prices. This dependency on fluctuations and the fact that any listed prices are indicative prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
- Price increases more than 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- These are the result of legal regulations or provisions; or
- The consumer has the right to terminate the agreement starting from the day the price increase takes effect.
- The prices stated in the offer for products or services are inclusive of VAT.
- All prices are subject to typographical and printing errors. The entrepreneur will not accept liability for the consequences of typographical or printing errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations applicable on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
- A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
- The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products
- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used
Article 11 – Delivery and Performance
- The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery will be the address that the consumer has provided to the business.
- Subject to the provisions of paragraph 4 of this article, the business will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive rights from any mentioned delivery periods. Exceeding a period does not entitle the consumer to compensation.
- In the event of cancellation pursuant to paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after cancellation.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The consumer will be clearly and understandably informed of the substitution at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Duration of Transactions: Duration, Termination, and Extension
Termination
- The consumer may terminate an agreement concluded for an indefinite period, which concerns the regular delivery of products (including electricity) or services, at any time, subject to any agreed-upon termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement concluded for a fixed period, which concerns the regular delivery of products (including electricity) or services, at any time, subject to any agreed-upon termination rules and a notice period of no more than one month, with termination taking place at the end of the fixed term.
- The consumer may terminate the agreements mentioned in the previous paragraphs:
- At any time, and is not limited to termination at a specific time or during a specific period;
- At least in the same manner as the agreement was concluded;
Always with the same notice period as agreed by the entrepreneur for themselves.
Extension
- An agreement concluded for a fixed term, which concerns the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a specific duration.
- Notwithstanding the previous paragraph, an agreement concluded for a fixed term, which concerns the regular delivery of daily, news, and weekly newspapers and magazines, may be automatically extended for a specific duration of up to three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement concluded for a fixed term, which concerns the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month, or with a notice period of no more than three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be automatically extended and will end automatically at the end of the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the end of the agreed term.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of services, this period begins after the consumer has received confirmation of the agreement.
- The consumer is obligated to promptly notify the entrepreneur of any inaccuracies in provided or stated payment details.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
- The entrepreneur has a well-publicized complaints procedure and will handle complaints in accordance with this procedure.
- Complaints about the execution of the agreement must be submitted in full and clearly within 7 days to the entrepreneur after the consumer has detected the defects.
- Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved through mutual agreement, a dispute will arise that is subject to the dispute resolution procedure.
- A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur explicitly indicates otherwise in writing.
- If the complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
- Only Spanish law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
- The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions 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.