Conditions

1. Overall

1.1 This web shop is managed by The Zubani Beachwear Company. The terms and conditions are applicable to all offers, orders and agreements of The Zubani Beachwear Company, located in Haarlem at Spaarne 141, 2011 CG, CoC number 34375122, VAT number NL821809118B01.

1.2 During the ordering process, the applicability of these terms and conditions will be noted to you. After reading, you can select a button to approve of these terms and conditions, its meaning and the conformity of them. The Zubani Beachwear Company does not accept orders if the terms and conditions have not been accepted. The version of the terms and condition that were used at time of the order will always be the applicable version, unless the buyer after reaching the agreement has accepted the validity of the updated version of the terms and conditions.

1.3 These terms and conditions are also applicable to any agreement with the buyer, for which fulfillment is done by third parties or a third party.

1.4 Deviation of these terms and conditions is only permitted if agreed upon in writing and without deviation from other definitions of the terms and conditions.

1.5 If the buyer refers to his own terms and conditions, these are not applicable unless they are accepted clearly, in writing, by the The Zubani Beachwear Company.

1.6 The term “buyer” refers to any visitor of the internet shop, or any other natural or legal entity that has or is to have a contractual relationship with the The Zubani Beachwear Company.

1.7 The terms and conditions have been written to include the buyers employees and its management board.

1.8 In case one or more clauses of these terms and conditions are annulled completely or partially this will go without any impact to the rest of these terms and conditions, which will remain applicable. The buyer and The Zubani Beachwear Company will then agree to replacement of the annulled clause or clauses, in which the original intent of the terms and conditions must be followed.

1.9 In case of indistinctness of one or more clauses of these terms and conditions, they need to be explained in the “spirit” of these terms and conditions.

1.10 In case a situation occurs that has not been described in these terms and conditions, the situation will be judged in the “spirit” of these terms and conditions.

1.11 When the buyer or the The Zubani Beachwear Company have not demanded strict fulfillment of these terms and conditions in the past, this does not waiver fulfillment of the terms and conditions, nor does it affect the right of parties to claim strict fulfillment in any way.

2. Postage and delivery

2.1 The Zubani Beachwear Company aims to deliver within 5 working days. At the latest, products will be delivered within 30 days after ordering. If this is not possible (if products are temporarily are unavailable), or if there is any other type of delay or if an order can only be fulfilled partly, you will be notified in writing (via letter or e-mail)within 1 month after ordering, in which case you are allowed to cancel your order without charge. Cancellation of the order needs to be communicated in writing (via letter or e-mail) to The Zubani Beachwear Company.

2.2 Payments with regards to cancelled orders, such as described in section 2.2, will be paid into to the buyers bank account as soon as possible, but at least within thirty (30) working days after the cancellations has been received by The Zubani Beachwear Company.

3. Prices

3.1. All prices are in EURO’s and included VAT (BTW). Prepaid orders for the Netherlands include handling and shipping fees, unless stated otherwise.

3.2 All prices are with a proviso of obvious printing and writing errors.

3.3 Payments can be done in advance, by means of iDeal, Mastercard or Visa credit cards.

4. Cooling down period

4.1. After the buyer has received his or her product(s), he or she has the right to annul the agreement of sales with The Zubani Beachwear Company within seven (7) days after delivery of this/these product(s). The buyer has no obligation to state a reason for cancellation.

4.2. Annulment of an agreement as meant in section 4.1 needs to be communicated in writing (via e-mail or letter) to The Zubani Beachwear Company before returning the item(s). The buyer will have to send the item(s) to an address provided by The Zubani Beachwear Company.

4.3. Any payment made for annulled orders such as meant in section 4.1 and 4.2, excluding the costs of returning items, will be paid into the buyers bank account within 30 working days after The Zubani Beachwear Company has received the returned items.

4.4. The Zubani Beachwear Company is entitled to decline returned items or to credit an order in part, if the suspicion arises that a product has been used or damaged by fault of the buyer (other then The Zubani Beachwear Company or the products’ supplier).

4.5. In case a returned product is deemed by The Zubani Beachwear Company to be damaged by an action, the lack thereof, or by any other responsibility of the buyer, The Zubani Beachwear Company will inform the buyer in writing (via e-mail or letter). The Zubani Beachwear Company has the right to subtract the appropriate decrease of value of any return payments to the buyer.

5. Personal information and security of data

5.1 When placing an order with The Zubani Beachwear Company, your personal data will be stored in the buyer database of The Zubani Beachwear Company to process your order. The Zubani Beachwear Company is in compliance with Dutch laws governing the protection of personal information and data (Wet Bescherming Persoonsgegevens).

5.2 The Zubani Beachwear Company respects the privacy of its buyers and users of its website. The Zubani Beachwear Company therefore takes care of trustworthy and discrete handling of your personal information.

5.3 Unless the buyer has opted out, the buyers contact details will be added to a central The Zubani Beachwear Company database. These details will only be used to update the buyer of upcoming events, and The Zubani Beachwear Company products and services. Usage and handling of buyer data will always be in compliance with Dutch law.

5.4 By request, the buyer can have insight in the data held by The Zubani Beachwear Company in its databases. The buyer is entitled to alter data when found incorrect.

6. Warranty

6.1 The Zubani Beachwear Company guarantees the delivered products to be according to description that was originally offered and to meet the advertised specifications. With that, The Zubani Beachwear Company guarantees the suppliers warranty to its buyers with regards to the purchased products. The suppliers warranty includes, without exception, the lawful granted warranty to the buyer.

6.2 Any claim to warranty expires if and when others then the supplier have serviced, repaired, or made any adjustment to the product.

7. Agreement

7.1 The agreement to buy and sell is reached at the moment the buyer accepts the terms and conditions and meets the stated obligations. In case the buyer has accepted the offer by means of e-commerce, The Zubani Beachwear Company will confirm its reception of the accepted offer. Until the agreement is confirmed, the buyer has the right to annul the agreement within the timelines mentioned in section 4.

7.2 Buyer and the The Zubani Beachwear Company explicitly accept the usage of electronic methods of communication in order to obtain binding contractual obligations. Especially the lack of a written signature does not minimize the legal obligations with regards to the offer and the acceptance thereof. The electronic files will, as far as Dutch law permits, as proof of purchase.

7.3 The Zubani Beachwear Company has the right to annul the agreement if The Zubani Beachwear has proper reason to believe the buyer will not be able to meet his or her obligations. In case an order is not accepted, or other obligations will be demanded for that order, The Zubani Beachwear will communicate this, with motivation, within ten (10) working days after the agreement has been accepted by the buyer.

7.4 The agreement, or part of the agreement, can be annulled by either of both parties if one ore more products to which the agreement holds effect has become unavailable, meaning it can not be obtained through the producer of the product anymore.

8.   Pictures and specifications

Pictures and specifications are placed with the utmost effort to match reality.

9. Non-conformity/ faulty product

In case delivered products are not conform the agreement, the buyer will need to notify The Zubani Beachwear Company within a reasonable period of time. The Zubani Beachwear Company recommends its buyers to check delivered goods directly at reception and to communicate missing, wrong of damaged goods in writing, within a reasonable period of time.

10. Force majeure

In case of force majeure, The Zubani Beachwear Company or its representatives are not liable for any damages done to the buyer. This does not include damages that are favorable for The Zubani Beachwear Company or its representatives that would not have occurred with correct handling of the order.

11.  Transition of risk

11.1   The risk of loss, damage or loss of value transitions to the buyer at the moment products are under the influence of the buyer.

12. Complaints

12.1. It is possible you are not entirely satisfied with a product or service. Please contact us as soon as possible, preferably by e-mail: info@zubibeachwear.nl

We will reply as soon as possible, but at least within 30 days.

12.2 If we are unable to dissolve a dispute between us, it will be directed to the appropriate court room in Amsterdam.

13. Intellectual and industrial property

The buyer will respect all intellectual and industrial property rights that are related to products sold by The Zubani Beachwear Company without exemption.

14.  Applicable law and disputes

14.1 Dutch law is applicable in all cases, even if the agreement has been formed or reached outside The Netherlands or if the buyer lawfully located outside The Netherlands. The United Nations Convention on Contracts for the International Sales of Goods is not applicable.

15. Vouchers

15.1 These terms and conditions are applicable to (gift)vouchers (electronic and printed) that are offered by The Zubani Beachwear Company.

15.2 Every voucher contains a unique code. A voucher will be distributed only once. You will need to store the voucher with care. In case of theft (including usage of third parties without approval of the rightful owner of the voucher), or loss (including deleting the e-mail that contains the code, whether it is on purpose or by accident), no restitution will be given. Only original vouchers and codes can be used and will need to be handed over to The Zubani Beachwear Company upon request. The Zubani Beachwear Company claims the right to only accept the usage of a voucher after being handed the actual voucher, and to demand payment by iDeal, bank or credit card in case of unlawful usage of vouchers or codes.

15.3 A voucher can be used by placing items in the shopping cart. During the payment process, the voucher's code can be entered, after which the amount will automatically be deducted from you total invoice.

15.4 The nature, value, expiration date and any other specific terms and conditions are mentioned on the printed voucher or in the e-mail that contains the voucher code. Every voucher has an expiration date. After this date, the voucher can not be used anymore.

15.5 Vouchers provided by The Zubani Beachwear Company can only be used in case of purchases at The Zubani Beachwear Company.

15.6 Vouchers can not be used for orders that have already been placed, but not yet fulfilled.

15.7 Vouchers or its rest worth can not be exchanged for money.

15.8 When the total invoice is higher than the worth of the voucher, the difference will need to be paid through iDeal or credit card.

15.9 In case The Zubani Beachwear Company will restitute (part of) the invoice, in case of usage of one or more vouchers, the invoice will be restituted as much as possible by increasing the rest worth of the voucher. When this is not sufficient, The Zubani Beachwear Company will restitute by payment through our bank account. When an order is paid entirely by a voucher, the restitution will be made by increasing the worth of the voucher.

15.10 It is prohibited to use vouchers for commercial purposes and/or any other purpose then for which it has been issued.

15.11 The Zubani Beachwear Company is not liable for usage of vouchers and the correct application of these. The Zubani Beachwear Company is not liable for any damage(s) created by the inability of using vouchers.

16. General

The address that is given to The Zubani Beachwear Company in writing may be used by The Zubani Beachwear Company as delivery address for all orders, until the buyer has provided a new and/or different address.

Customer Service

Questions, remarks, feedback and suggestions can be sent by e-mail to info@zubibeachwear.nl