TERMS AND CONDITIONS

General Terms and Conditions

This website is operated by zalandoos.com. Throughout the site, the terms “we”, “us”, “our” and “operator” refer to zalandoos .com . zalandoos .com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. who provides us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province, or that you are the age of majority in your state or province and you have given us permission to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms or viruses or any code of a destructive nature.

Any breach or violation of any of the Terms will result in immediate termination of your Services.

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (not including credit card information), may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements of connecting networks or devices. Credit card information will always be encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is offered, without express written permission by us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 - DEFINITIONS

In these Terms and Conditions the following definitions apply:

Reflection period: the period within which the consumer can exercise the right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or commercial activity and who enters into a distance contract with the entrepreneur;

Day: 10-05-2024



Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement under which, within a system organised by the entrepreneur for the distance selling of products and/or services, until the conclusion of the contract, exclusive use is made of one or more distance communication techniques;

Distance communication technique: means that can be used to conclude an agreement, without the consumer and the entrepreneur being in the same room at the same time.

General Conditions: these General Conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Company Name: JHJ Commerce LLP

Partnership No. : OC452233

Customer Service Email: customer-service@zalandoos.com.it

Company address: 32 Kinburn Street , London , UK SE16 6DW

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer made by the professional and to every distance contract and order concluded between the professional and the consumer.

Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general terms and conditions can be consulted at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.

In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs will apply mutatis mutandis and, in the event of a conflict between the general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

If one or more provisions of these general terms and conditions are at any time totally or partially void or annulled, the contract and these general terms and conditions shall nevertheless remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the purpose of the original.

Situations not provided for in these general terms and conditions must be evaluated “in the spirit” of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our general conditions must be interpreted “in the spirit” of these general conditions.

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 without obligation. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an adequate assessment of the offer. If the entrepreneur uses images, these truthfully represent the products and/or services offered. Obvious or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the contract.

Product images are a faithful representation of the products offered. The operator cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs will be borne and at the risk of the customer. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU country of destination, as in the case in question. The postal and/or courier service collects the VAT (with or without the customs clearance costs applied) from the recipient of the goods;

any shipping costs;

the methods of concluding the contract and the actions necessary for this purpose;

whether or not the right of withdrawal applies;

the methods of payment, delivery and execution of the contract;

the offer acceptance period or the period within which the trader guarantees the price;

the level of the distance communication rate if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the means of communication used;

whether the contract is archived after its conclusion and, if so, the manner in which it can be consulted by the consumer;

the methods by which the consumer, before concluding the contract, can check and, if he wishes, rectify the data provided by him within the scope of the contract;

the languages ​​other than Dutch in which the contract can be concluded;

the codes of conduct to which the professional is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

 

ARTICLE 5 - THE CONTRACT

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and satisfies the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of such acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect the electronic transfer of data and must ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may - within the framework of the legal provisions - inquire whether the consumer is able to fulfill his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request or to impose special conditions for the implementation, stating the reasons.

The entrepreneur shall attach the following information to the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:

the address of the entrepreneur's establishment where the consumer can submit complaints;

the conditions and methods under which the Consumer can exercise the right of withdrawal or, where applicable, clear information on the exemption from the right of withdrawal;

information on existing warranties and after-sales services;

the data referred to in Article 4, paragraph 3, of these terms and conditions, unless the professional has already provided them to the consumer before the execution of the contract;

the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.

In case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.

Each contract is stipulated under the suspensive conditions of sufficient availability of the relevant products.

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons within 14 days. This reflection period begins on the day after the consumer or a representative previously designated by the consumer and communicated to the entrepreneur has received the product.

During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must communicate this by written message/email. After declaring that he wishes to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If the customer has not expressed the intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but at the latest within 14 days of withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of complete return can be presented.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly indicated this in the offer, or at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products

which have been created by the entrepreneur according to the consumer's specifications;

which are clearly of a personal nature

which cannot be returned due to their nature

that deteriorate or age rapidly;

whose price is subject to fluctuations on the financial market that are beyond the control of the Entrepreneur;

for individual newspapers and magazines;

for audio and video recordings and computer software whose seal has been broken by the consumer.

for hygiene products whose seal has been broken by the consumer.

 

The exclusion of the right of withdrawal is only possible for the services of

for accommodation, transport, catering or recreational services to be carried out on a certain date or during a certain period;

the delivery of which began with the express consent of the consumer before the expiry of the withdrawal period;

for betting and lotteries.

ARTICLE 9 - THE PRICE

I reserve the right to change the prices of the products and/or services offered during the period of validity indicated in the offer, also following changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the prices indicated are indicative prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.

Price increases starting 3 months after the conclusion of the contract are only permitted if the entrepreneur has concluded it and:

are the result of legal provisions or regulations; or

the consumer is authorized to withdraw from the contract on the day on which the price increase takes effect.

According to Section 5, paragraph 1 of the Turnover Tax Act 1968, the place of delivery is the country in which the transport begins. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier service will collect the import VAT or customs clearance costs from the customer. Accordingly, the entrepreneur will not charge any VAT.



All prices are subject to printing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of solidity and/or usability and the legal provisions and/or government regulations in force at the time of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.

The guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.

Any defective or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The return of the products must take place in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never liable for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has personally repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or otherwise treated negligently or contrary to the entrepreneur's instructions and/or the packaging;

The defect is wholly or partly the result of standards that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and implementation

The entrepreneur undertakes to pay the utmost attention in receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the company.

In accordance with Article 4 of these general terms and conditions, the company will execute accepted orders promptly and in any case 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 executed partially, the consumer will be informed of this no later than 30 days after sending the order. In this case, the consumer has the right to dissolve the contract without costs and the right to any damages.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.

If the delivery of an ordered product is impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by the entrepreneur.

The risk of damage and/or loss of the products is borne by the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.



Article 12 - Duration of transactions: duration, termination and extension



Withdrawal



The consumer may withdraw at any time from a contract of indefinite duration concluded for the regular delivery of products (including electricity) or services, subject to compliance with the agreed withdrawal rules and a maximum notice period of one month.

The consumer may withdraw from a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed period, in compliance with the agreed withdrawal rules and with a notice period not exceeding one month.

The consumer may withdraw from the contracts referred to in the previous paragraphs:

withdraw at any time and not be limited to withdrawing at a specific time or during a specific period;

terminate them at least in the same way as he entered into them;

always withdraw with the same notice period that the entrepreneur has established for himself.




Extension



A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

By way of derogation from the preceding paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can withdraw from this renewed contract towards the end of the renewal with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer can withdraw at any time with a notice period of no more than one month and a notice period of no more than three months in the case where the contract concerns the regular, but less than monthly, supply of newspapers and magazines.

A fixed-term contract for the regular supply of daily or weekly newspapers on an introductory basis (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.



Duration



If a contract lasts more than one year, after one year the consumer may terminate the contract at any time with a maximum notice of one month, unless reasonableness and fairness oppose 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 from the beginning of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report to the entrepreneur any inaccuracies in the payment data provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs communicated in advance to the consumer.

Article 14 - Complaints procedure

Complaints regarding the implementation of the contract must be submitted to the entrepreneur within 7 days in a complete and clearly described manner, after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If the complaint is deemed justified by the entrepreneur, the latter will, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer resides abroad.

ARTICLE 16 - PERSONAL INFORMATION

Your submission of personal information through the store is subject to our Privacy Policy. To view our privacy policy.



ARTICLE 17 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date may be applied in the Service or on any related website to indicate that any information in the Service or on any related website has been modified or updated.



ARTICLE 18 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 19 - CESOP

Due to the measures introduced and strengthened from 2024 onwards in relation to the “Amendment to the Turnover Tax Act 1968 (Wet implementatie Richtlijn betalingsdienstaanbieders)” and thus the implementation of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.