ZNEAKRS
 
Definitions

1. ZNEAKRS: Zneakrs BV, established in Deventer, Chamber of Commerce no. 80773176.
2. Customer: the person with whom ZNEAKRS has entered into an agreement.
3. Parties: ZNEAKRS and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of ZNEAKRS. 
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by ZNEAKRS are in euros, and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. ZNEAKRS is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
3. Increases in the cost prices of products or parts thereof, which ZNEAKRS could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

Right of recovery of goods 

1. As soon as the customer is in default, ZNEAKRS is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. ZNEAKRS invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to ZNEAKRS, unless the parties agree to make other arrangements about this. 
4. The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation 

1. A consumer may cancel an online purchase, excluding SALE items, during a cooling-off period of 14 days without giving any reason, provided that

· SALE items are excluded.

· the product has not been used.

· the ZNEAKRS tag is still attached to the item.

2. The reflection period of 14 days as referred to in paragraph 1 commences:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has purchased a service for the first time
o as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of cancellation via [email protected], if desired by using the withdrawal form that can be downloaded via the website of ZNEAKRS, www.zneakrs.com.
4. The consumer is obliged to return the product to ZNEAKRS within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.

Suspension of obligations by the customer
 
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
 
Right of retention 

1. ZNEAKRS can appeal to his right of retention of title and in that case retain the products sold by ZNEAKRS to the customer until the customer has paid all outstanding invoices with regard to ZNEAKRS, unless the customer has provided sufficient security for these payments. 
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to ZNEAKRS.
3. ZNEAKRS is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 
 
The customer waives his right to settle any debt to ZNEAKRS with any claim on ZNEAKRS. 

 
Retention of title 

1. ZNEAKRS remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to ZNEAKRS under whatever agreement with ZNEAKRS including of claims regarding the shortcomings in the performance.
2. Until then, ZNEAKRS can invoke its retention of title and take back the goods. 
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
4. If ZNEAKRS invokes its retention of title, the agreement will be dissolved and ZNEAKRS has the right to claim compensation, lost profits and interest.

Delivery 

1. Delivery takes place while stocks last.
2. Delivery takes place at ZNEAKRS unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer. 
4. If the agreed price is not paid on time, ZNEAKRS has the right to suspend its obligations until the agreed price is fully paid. 
5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by ZNEAKRS.

Delivery period

1. Any delivery period specified by ZNEAKRS is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from ZNEAKRS. 
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless ZNEAKRS cannot deliver within 7 working days or if the parties have agreed upon otherwise.

Actual delivery
 
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
 
Transport costs 
 
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
 
Packaging and shipping 

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which ZNEAKRS may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to ZNEAKRS, failing which ZNEAKRS cannot be held liable for any damage.

Insurance / Storage 

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Exchange

1. Exchange is only possible if the following conditions are met:
· exchange takes place within 14 days after purchase upon presentation of the original invoice
· the product is returned in the original packaging or with the original (price) tags still attached to it 
· the product has not been used
2. Discounted items, Pre-Orders, or specially adapted articles for the customer and all the products with the 'ZNEAKRS' zip-tie being detached cannot be exchanged.

 
Complaints

1. The customer must examine a product or service provided by ZNEAKRS as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform ZNEAKRS of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
3. Consumers must inform ZNEAKRS of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that ZNEAKRS is able to respond adequately. 
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to ZNEAKRS being forced to perform other work than has been agreed. 

Giving notice

1. The customer must provide any notice of default to ZNEAKRS in writing.
2. It is the responsibility of the customer that a notice of default actually reaches ZNEAKRS (in time). 

Liability of ZNEAKRS

1. ZNEAKRS is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
2. If ZNEAKRS is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. ZNEAKRS is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If ZNEAKRS is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 
Dissolution

1. The customer has the right to dissolve the agreement if ZNEAKRS imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
2. If the fulfillment of the obligations by ZNEAKRS is not permanent or temporarily impossible, dissolution can only take place after ZNEAKRS is in default. 
3. ZNEAKRS has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give ZNEAKRS good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of ZNEAKRS in the fulfillment of any obligation to the customer cannot be attributed to ZNEAKRS in any situation independent of the will of ZNEAKRS, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from ZNEAKRS . 
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
3. If a situation of force majeure arises as a result of which ZNEAKRS cannot fulfill one or more obligations towards the customer, these obligations will be suspended until ZNEAKRS can comply with it. 
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
5. ZNEAKRS does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement
 
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 
 
Changes in the general terms and conditions

1. ZNEAKRS is entitled to amend or supplement these general terms and conditions. 
2. Changes of minor importance can be made at any time. 
3. Major changes in content will be discussed by ZNEAKRS with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1. The customer can not transfer its rights deferring from an agreement with ZNEAKRS to third parties without the prior written consent of ZNEAKRS . 
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what ZNEAKRS had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties. 
2. The Dutch court in the district where ZNEAKRS is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
 
 
Drawn up on 01 november 2020.