Terms & Conditions

Zola the Label webshop Terms of delivery

Article 1. Definitions
Article 2. Applicability
Article 3. Offers and quotations
Article 4. Order confirmation and agreement
Article 5. Prices
Article 6. Delivery
Article 7. Warranty
Article 8. Reception
Article 9. Liability
Article 10. Transfer of risk
Article 11. Payment
Article 12. Right to dissolve the agreement
Article 13. Complaints
Article 14. Intellectual Property
Article 15. Force majeure
Article 16. Applicable law and disputes
ARTICLE 1. DEFINITIONS
Zola the label is managed by Zola Ottenhoff, von Guerickestraat 94 in Amsterdam the Netherlands

ARTICLE 2. APPLICABILITY
1. These terms and conditions apply to every offer, quotation and agreement between Zola the label webshop and a customer to which Zola the label webshop has declared to apply these terms and conditions, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2. The relevant terms and conditions also apply to agreements between Zola the label webshop and any third parties engaged by Zola the label webshop for delivery.
3. These general terms and conditions have also been written for the employees of Zola the label webshop and its management.
4. The applicability of any purchase or other conditions of the customer is expressly rejected.
5. If these provisions or several provisions of these general terms and conditions are partially or completely nullified at any time, the remainder of these general terms and conditions will continue to apply. In such an event, Zola the label webshop and the customer will consult in order to reach agreement on new provisions for the provisions that have been declared null and void in whole or in part. These will then be compiled and replaced with the utmost respect for the objectives and purport of the original provisions.
6. If there is any uncertainty regarding the interpretation of these or more provisions of these general terms and conditions, interpretation must be made in the spirit of these general terms and conditions.
7. If situations arise between parties that are not covered by these terms and conditions, such situations must be assessed in the spirit of these terms and conditions.
8. If Zola the label webshop does not continuously ask for strict compliance with these general terms and conditions, this does not imply that the provisions therein would not apply, or that Zola the label webshop in any way or to any extent, in other cases loses its rights to strict compliance with these terms.
9. Zola the label webshop reserves the right to change the general terms and conditions of delivery and the content of its website.

ARTICLE 3. OFFERS AND QUOTES
1. All quotations and special offers from zola-thelabel.com are without obligation, unless a term for acceptance is stated in the quotation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
2. Zola the label cannot be held to its quotations or offers if the customer can reasonably be expected to recognize an obvious error or an error in writing in quotations or offers, or a part thereof.
3. Prices included in a quotation or special offer include VAT, packaging, shipping and handling costs, unless stated otherwise.
4. If the acceptance (whether by the provisions stated below or otherwise) deviates from what is included in the quote or special offer, zola-thelabel.com is not bound. In that case, the acceptance is not in accordance with the quotation or offer, unless zola-thelabel.com indicates otherwise.
5. Composite quotations do not oblige zola-thelabel.com to carry out part of the assignment at a proportionate amount of the quoted price. Special offers or quotations do not automatically apply to future orders.
6. Special offers do not automatically apply to repeat orders.

ARTICLE 4. ORDER CONFIRMATION AND AGREEMENT
1. After Zola the label webshop has received the order, Zola the label webshop will confirm the order as soon as possible, except in cases where Zola the label webshop cannot reasonably be expected to comply with the agreement with the customer. Zola the label webshop reserves the right not to accept an order and therefore not to confirm the order for any reason. Reasons are not limited to: product stock, problems receiving an order, or problems completing an order. However, there may also be other issues that can lead to rejection of an order.
2. As soon as Zola the label webshop has received an order, the customer will be informed by e-mail about the availability of the ordered products. If a product is (temporarily) unavailable, consultation with the customer will follow. After consultation with the customer, the final order will be agreed and confirmed by Zola the label webshop. The customer must pay in advance to receive the ordered goods.
3. In exceptional cases, it may be that some goods of the agreed and paid order, for whatever reason, are no longer available. In such a case, the products that are not available at that time will be put on backorder. Delivery (transport) costs related to a backorder delivery are for the account of the customer. The customer has the right to refuse a backorder delivery. The customer must report this to Zola the label webshop by e-mail. In such a case, the customer will be credited for the value of the backordered goods.
4. This agreement contains all agreements between the customer and Zola the label webshop, and replaces all previous agreements, arrangements and/or agreements between the customer and Zola the label webshop
5. Subject to evidence to the contrary, the administration of Zola the label webshop constitutes valid proof of assigned orders and of the payments to Zola the label webshop by the customer, and of the deliveries made by Zola the label webshop, acknowledging that electronic communication can serve as evidence. By accepting these General Terms and Conditions, the customer also acknowledges this.

ARTICLE 5. PRICES
1. The total amount stated on the order confirmation is final and includes the prices of the ordered products, their processing, packaging material and transport.
2. Within the EU, levies or taxes are subject to European regulations.
3. Zola the label webshop will only send a separate invoice to the address submitted by the customer at the explicit request of the customer.
4. Zola the label webshop is entitled to change the prices and correct any errors. If the customer has ordered based on a (protected) published price list and the prices were planned to be changed, the customer will be informed about this by e-mail. If a price change has been made upwards, the customer has the right to cancel the order within the next two days. Zola the label webshop cannot be held liable for any (printing) errors in its prices or conditions.

ARTICLE 6. DELIVERY
1. With an order accepted by Zola the label webshop, the goods will be offered to DHL as soon as possible, which will then deliver the package to the address indicated by the customer, unless otherwise agreed with the customer in previous written consultation.
2. Delivery times stated to the customer in written consultation are indicative and no guarantee. Packages can be unexpectedly delayed by the postal services. Zola the label webshop has no control over this, and cannot be held liable for such delays. Any delays incurred at the customs of the relevant country are at the customer's risk.
3. The delivery time starts when the package is submitted to DHL or other postal services.
4. If a package (with regard to export from the Netherlands) has not arrived within the set term indication, no action will be taken for at least four weeks. The reason for this is that the delayed shipment can often still be delivered within that period.
5. For deliveries outside the EU, any import duties for certain products are borne by the customer. The customer should be aware of the import regulations in his/her country prior to ordering. Zola the label webshop has no control over this and cannot be held liable for this.
6. Any costs related to the delivery shall be borne by the customer.
7. The customer is obliged to accept the purchased goods at the moment when they are made available or handed over to him.
8. If the customer refuses to accept the goods, or fails to provide directions or the correct address, the goods intended for delivery will be stored at the customer's own risk. Any additional costs for repeated deliveries or storage of these goods will be charged to the customer.
9. Not all shipments will be automatically insured. Insurance of a shipment depends on the value and/or contents of the shipment as well as customer requirements. If, after consultation with Zola the label webshop and the customer, insurance of a shipment has been agreed, in the event that a shipment is missing or damaged during transport, Zola the label webshop will request an investigation from the relevant carrier.
10. Zola the label webshop can only keep to the delivery agreement with the customer if the customer has provided Zola the label webshop with the relevant information that is necessary for the delivery.

ARTICLE 7. WARRANTY
Every Zola the label article meets the highest quality requirements. In the unlikely event that the article shows defects during normal use, we will repair it free of charge. After our assessment, this may involve replacement or repair. The warranty includes manufacturing and/or material defects. Of course, normal wear and tear is not covered by the warranty.
Warranty conditions:
In the event of an unfounded complaint, the costs incurred will be borne by the customer;
If a complaint is justified, the Zola the label webshop will decide whether the item will be (partially) repaired or (partially) replaced or (partially) credited;
An item returned for warranty assessment must be clean and dry. Moist or dirty shoes will not be taken into consideration;
No claim can be made under the warranty for:
damage by intent or negligence;
improper use or negligent maintenance;
normal wear and tear;
damage due to non-compliance or incorrect observance of the instructions for use;
damage caused by nature, humans or animals.
Warranty outside the Netherlands Products that qualify for warranty but are used abroad can be returned in consultation. However, both the costs for sending to the Zola the label webshop and the return shipment to the customer are for the account of the owner of the item.

ARTICLE 8. RECEPTION
1. The customer is obliged to inspect (or have to inspect later) the delivery immediately at the time the goods are made available to him, or at the time the transport services involved have delivered the delivery. With these inspections, the customer is obliged to investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements agreed by the parties with regard to the delivery. Zola the label will be notified within 48 hours of their discovery, by e-mail customercare@zola-thelabel.com, if any defects are found, stating the number stated on the packing slip.
2. If the customer receives deliveries with clearly damaged packaging and/or the customer suspects the packaging of damaged contents, the following should be done:1. The customer is obliged to take pictures of the delivery as it was delivered.2. The customer is obliged to indicate on the receipt or delivery note that the delivery was delivered with damage.
3. The customer is obliged to demand (or make a copy) a copy of the receipt / delivery note. The company that delivered the delivery can then leave.
4. The customer is obliged to check the contents of the packages immediately. If the contents of the shipment are damaged, the customer is obliged to report this damage as detailed as possible to Zola the label webshop within 48 hours, supplemented with photographic evidence. Only then can claims of damaged goods be accepted and investigated by Zola the label webshop. The customer is obliged to enable Zola the label webshop to investigate a complaint, or to have it investigated.
5. Goods can only be returned after consultation with Zola the label webshop and written permission from Zola the label webshop.
6. In the event that damaged goods are returned by the customer, the transport costs will be borne by the customer. Replacement of the damaged goods will be for Zola the label webshop.

ARTICLE 9. LIABILITY
1. In cases in which Zola the label webshop is liable, that liability will be limited to what is included in these provisions.
2. If goods delivered by Zola the label webshop are not in good condition, the liability of Zola the label webshop is limited to what is arranged in our general terms and conditions under "warranties".
3. Zola the label webshop is limited to replacement of the delivered goods in case of consequential damage or for reimbursement of the purchase price.
4. The customer bears personal responsibility for his or her choice of products, their storage and handling. Zola the label webshop is not liable if the losses that have arisen are the result of intent, fault and/or culpable actions, or injudicious or improper use by the customer.
5. Zola the label webshop is not liable for damage of any nature whatsoever that may be or may be caused by incorrect and/or incomplete information provided by the customer.
6. Zola the label webshop is only liable for direct damage in case of obvious lack of care for the transport packaging, deliberate non-compliance with rules of conduct with written agreed customer agreements.
7. Zola the label webshop is never liable for indirect damage, including consequential damage, lost profit, missed savings and losses as a result of business interruption and/or other types of stagnation.
8. In any case, the liability of Zola the label webshop is limited to the amount paid by the insurer if this already applies.
9. Zola the label webshop cannot be held liable for printing errors, writing and/or counting errors, incorrect interpretations of product information, quotations, order confirmations or invoices, incorrect use of products and/or materials, nor for the consequences thereof.
10. The limitations of liability included in this article do not apply if the losses are due to intent or gross negligence on the part of Zola the label webshop.

ARTICLE 10. TRANSFER OF RISK
1. Risks of loss of or damage to the products, which are the subject of this agreement, are transferred to the customer at the moment that these products are legally and/or actually delivered to the customer, or to third parties appointed by the customer .
ARTICLE 11. PAYMENT
1. No rights can be derived from incorrect prices and/or images.
2. Payment must be made via the payment methods as offered on zola-thelabel.com. Processing and shipping of the ordered goods takes place after payment by the customer.
3. Zola the label webshop will never make customer data available to third parties and will act in accordance with Dutch legislation (including the Personal Registration Act).
ARTICLE 12. RIGHT TO DISSOLVE THE AGREEMENT
1. After purchase, the customer has the right to cancel the purchase without giving reasons for a period of 7 working days. Zola the label webshop must be notified in writing within 30 days of the purchase. Any costs for returning the goods are the responsibility of the customer.
2. The customer can only cancel the purchase without giving any reason if the relevant goods can be returned complete, undamaged and unused and in their original packaging.
3. The customer is fully responsible for the return, the method of shipment and any insurance for the shipment.
4. If, after a return to Zola the label webshop, it appears that there is damage to the return packaging, or that the returned products do not comply with the provisions under two of this article, Zola the label webshop will inform the customer of this no later than notified within two working days.
5. paragraph 1 of this article does not apply to Accessories and Sales.

ARTICLE 13. COMPLAINTS
1. If the delivered goods do not meet the expectations of the customer as a result of breakage, damage or incorrect delivery, the customer is obliged to inform Zola the label webshop within 48 hours after receipt of the goods. If Zola the label webshop does not receive a complaint within this 48-hour period, the deliveries will be deemed to have been in accordance with the order.
ARTICLE 14. INTELLECTUAL PROPERTY
1. Zola the label webshop reserves all rights and powers that belong to it under the Dutch Copyright Act (Auteurswet), and any other laws and legislation regarding intellectual property.
2. Zola the label webshop is the owner and/or licensee of all copyrights, database applications, (own) brands and other intellectual property rights on this website. Concept, structure, layout and design are the exclusive property of Zola the label webshop.
3. If the aforementioned items are used by the customer, this will only be done by him or her, and they will not be reproduced, published or brought to the attention of third parties without the prior written consent of Zola the label webshop


ARTICLE 15. FORCE MAJEURE
1. Neither Zola the label webshop, nor the customer, are obliged to comply with any of their obligations if they are prevented from doing so due to circumstances that cannot be attributed to fault, and if the obligations would be contrary to the applicable legislation , a legal act or parts thereof.
2. In addition to what is understood by force majeure as such in law and jurisprudence, these General Terms and Conditions interpret force majeure as external causes, foreseen or unforeseen, which Zola the label webshop cannot influence, and as a result of which Zola the label webshop is not may be able to meet its obligations.
3. Zola the label webshop reserves the right to invoke force majeure if the circumstances as described above are in force after Zola the label webshop was deemed to fulfill its obligations.

ARTICLE 16. APPLICABLE LAW AND DISPUTES
1. All legal relationships to which Zola the label webshop is a party, even if it concerns a relationship that is wholly or partly located abroad or if the party involved in the legal relationship is a resident of a foreign nation, are exclusively based on of Dutch law. Applicability of the UN Convention on the International Sale of Goods is excluded.
2. Before the parties appeal to the courts, they will make every effort and do their utmost to resolve a dispute that has arisen by mutual agreement.