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Algemene voorwaarden

ARTICLE 1. DEFINITIONS

1.1. Zebrasaurus: the sole proprietorship Zebrasaurus, with its registered office in Utrecht and registered with the Chamber of Commerce under file number 73571822.
1.2. Customer: the natural or legal person who has entered into an agreement with Zebrasaurus.

1.3. 'General terms and conditions' means: the entirety of the provisions as set out below.

1.4. Services and products: all services that Zebrasaurus performs for the customer and the products that Zebrasaurus sells. This includes, but is not limited to: selling self-designed children's clothing with its own designed print via an online webshop. In addition, Zebrasaurus can provide customized clothing with print and provide its services for clothing designers.

1.5. Agreement: the agreement between Zebrasaurus and the customer under which Zebrasaurus will perform the service.

1.6. Information: all data from the customer.

1.7. In writing: by letter, e-mail and digital notification.

1.8. Website: www.zebrasaurus.nl

ARTICLE 2. APPLICABILITY

2.1. These general terms and conditions apply to all offers, orders, quotations made by Zebrasaurus, distance agreements concluded between Zebrasaurus and the customer, services provided, products delivered and other actions performed, unless otherwise agreed in writing.

2.2. By signing an agreement or order confirmation, or by agreeing via the website by placing an online order with Zebrasaurus, the customer declares that he has taken note of these general terms and conditions of Zebrasaurus and that he agrees with these conditions.

2.3. In the event of a conflict between these general terms and conditions and agreements made in an agreement, the provisions of the agreement shall prevail.

2.4. These terms and conditions also apply to acts of third parties hired by Zebrasaurus regarding the performance of the delivery or service.

2.5. The applicability of the customer's general terms and conditions is rejected by using these general terms and conditions.

ARTICLE 3. THE OFFER

3.1. If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.

3.2. Zebrasaurus will indicate in the offer which services /products are offered and what amounts the customer owes upon acceptance of the offer.

3.3. The offer contains a complete and accurate description of the products offered

and/or services. The description is sufficiently detailed to make a proper assessment of the

offer by the customer. If Zebrasaurus uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind Zebrasaurus.

3.4. If it appears that the information provided by the customer in the application or agreement was incorrect, Zebrasaurus has the right to adjust the relevant prices and other conditions.

3.5. Zebrasaurus reserves the right to invoice a deposit of 50% of the total order to the customer before Zebrasaurus will carry out the order.
3.6. All prices communicated by Zebrasaurus are amounts in euros, including VAT, excluding shipping costs and other fixed levies and / or fees, unless explicitly stated otherwise. If shipping costs are charged, this will be stated clearly and in time for the conclusion of the agreement. In addition, these costs will be displayed in the ordering process.

3.7. Zebrasaurus reserves the right to change prices in the meantime. If the prices of offered products increase after the conclusion of the agreement, the customer is entitled to cancel the agreement as of the date that the price increase takes effect. Price increases as a result of a statutory regulation or provision are hereby excluded.
3.8. Zebrasaurus reserves the right to increase prices annually by a percentage equal to the increase in the consumer price index, determined by Statistics Netherlands. This increase in prices does not entitle the customer to dissolve the agreement.

3.9. Offers do not automatically apply to follow-up orders.

ARTICLE 4. THE AGREEMENT AND ADDITIONAL WORK

4.1. The offer and the agreement are concluded from the moment that the customer in any way makes a notification to Zebrasaurus in which the acceptance of the offer via the

e-mail or by placing an order via the webshop. The offer contains a description of the products and/or services. Mistakes or errors in the offer (on images) do not bind Zebrasaurus.

4.2. After the conclusion of an agreement, it can only be amended by mutual consent.

4.3. After the conclusion of an agreement, Zebrasaurus will proceed to the execution of the services and the delivery of the product within a reasonable time. If the customer has accepted the offer electronically, Zebrasaurus will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the customer has the option to dissolve the agreement.

4.4. Zebrasaurus has the right to have certain services performed by third parties without having to inform the customer thereof. If additional costs are incurred by third parties due to the execution of the services, these will be passed on to the customer after consultation.

4.5. Changes to the originally concluded agreement between the customer and Zebrasaurus are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended written agreement.

4.6. If the customer wishes to dissolve or cancel an agreement with Zebrasaurus, this right is only granted to him if he proceeds to compensation for the work performed up to that point or in the event of cancellation 30 percent of the fee agreed in the order confirmation.

4.7. If Zebrasaurus, unknown due to circumstances at the time of the quotation or the order confirmation, has to perform more work than agreed in the quotation or order confirmation, Zebrasaurus is entitled to charge the resulting additional costs to the customer. If the customer objects to the additional costs that Zebrasaurus wishes to charge, the customer has the right to cancel the part of the assignment that has not yet been executed, whereby the customer is obliged to reimburse the work carried out by Zebrasaurus so far.

ARTICLE 5. RIGHTS AND OBLIGATIONS FOR ZEBRASAURUS

5.1. Zebrasaurus guarantees that the assignment given to it will be carried out to the best of its ability, applying sufficient care and craftsmanship.

5.2. Zebrasaurus makes every effort to secure the data that Zebrasaurus stores for the customer in such a way that this data is not available to unauthorized persons.

5.3. In the event of complaints from the customer about the services and/or products provided, Zebrasaurus must consult with the customer about a suitable solution for both.

5.4. Zebrasaurus is entitled to place a name mention in / on delivered products. The client is not entitled to remove this attribution, except in those cases in which Zebrasaurus has given explicit permission for removal.

5.5. In addition to what is stipulated in article 5.4, Zebrasaurus is also entitled to publish the client's data for promotional purposes on the Zebrasaurus website and/or other promotional expressions of Zebrasaurus.
5.6. Zebrasaurus reserves the right to use commissioned designs with small adjustments for their own sale.

ARTICLE 6. RIGHTS AND OBLIGATIONS FOR THE CUSTOMER AND THE RIGHT OF WITHDRAWAL

6.1. In principle, the customer must comply with the provisions laid down in these terms and conditions, unless otherwise agreed.

6.2. The customer must provide Zebrasaurus with all correct data that the customer can reasonably foresee that they are necessary for the correct execution of the agreement. In any case, the customer is obliged to inform Zebrasaurus without delay of changes in personal data, company data or other information that Zebrasaurus requests.

6.3. If, in exception to Article 6.2, the information required for the execution of the agreement has not been provided to Zebrasaurus in time, Zebrasaurus has the right to suspend the execution of the agreement and/or to charge the customer for the additional costs resulting from the delay.

6.4. The customer will always inform Zebrasaurus immediately in writing of any changes in name, address, email and, if requested, his/her bank number.
6.5. The customer must make back-up copies of all materials/data as described in Article 6.2 that Zebrasaurus needs for the execution of the agreement. In the event of loss of these materials/data, Zebrasaurus is not liable for the resulting damage.

6.6. When Zebrasaurus provides login details to the customer, the customer is responsible for this data. Zebrasaurus is not liable for misuse or loss of the login details and may trust that the Customer is the one who logs in by means of the login details provided to the Customer.

6.7. In the event of complaints about the services and/or products provided by Zebrasaurus, the customer must make these complaints known to Zebrasaurus within 8 days after delivery of the service and/or the product, but no later than one month after completion of the complete order. The customer indemnifies Zebrasaurus one year after delivery of all legal claims arising from services and/or products provided.

6.8. Zebrasaurus offers a 30 day wash guarantee. If the customer experiences problems after washing in the first 30 days after receiving the product, the customer will receive a replacement product.

6.9. The customer can terminate an agreement that relates to the purchase of a product within 14 days without giving reasons. Zebrasaurus may ask for the reason for withdrawal, but may not oblige the customer to give the reasons for dissolution.

6.10. The cooling-off period referred to in Article 6.8 starts on the day after the customer has received the product. During the cooling-off period, the customer will handle the product and its packaging with care. The customer may only view and use the product as he could do in a store.

6.11. If the customer makes use of the right of withdrawal, he reports this to Zebrasaurus within the cooling-off period. As soon as possible, the customer sends the product back to the Zebrasaurus. The risk of returning and the costs of this lie with the customer.

6.12. If the customer makes use of the right of withdrawal, all additional agreements will be dissolved by operation of law.

6.13. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.

6.14. Zebrasaurus can exclude products and services from the right of withdrawal, this is indicated to the customer at the offer and again in time for the conclusion of the agreement.

6.15. The risk of sending the ordered products from Zebrasaurus to the customer lies entirely with the customer. Zebrasaurus sends the products with parcel post from PostNL. Zebrasaurus is not fully liable for loss, damage or mis-delivery of the product.

6.16. If the customer receives a damaged package upon receipt of a sent package, the customer must take photos of the damaged package and leave this package closed. The customer then immediately contacts Zebrasaurus. As soon as the customer opens the damaged package, the customer can no longer claim any guarantees.

ARTICLE 7. DELIVERY AND DELIVERY TIME

7.1. The delivery period to be used by Zebrasaurus varies per order and will be determined in consultation with the customer. The delivery time specified by Zebrasaurus starts after the conclusion of the agreement and after receipt of all necessary data and / or materials from the customer. In the case of products, Zebrasaurus will execute the orders within 2 to 3 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot / only partially be executed, the customer will be notified of this but no later than 30 days after placing the order. The customer may decide at that time to dissolve the agreement and is then entitled to a refund of the amount paid.

7.2. The customer is obliged to do what is necessary to enable timely delivery by Zebrasaurus, including by providing complete, correct and clear data in a timely manner as stipulated in Article 6.2.

7.3. The delivery obligation of Zebrasaurus will, subject to proof to the contrary, be fulfilled as soon as the goods delivered by Zebrasaurus have been offered to the customer once.

ARTICLE 8. PAYMENT

8.1. The customer's payment obligation commences on the day on which the agreement is concluded.

8.2. All invoices sent by Zebrasaurus must be paid by the customer within 14 days, unless otherwise agreed in writing. With an order via the webshop, payment will be made immediately before the products are delivered to the customer.

8.3. If the customer does not meet his payment obligation on time, the customer is in default by operation of law without the need for further notice of default.

8.4. In the event of late payment, the customer is, in addition to the amount due plus the statutory (commercial) interest, obliged to pay € 50.00 excluding VAT on the second reminder and a full compensation of both extrajudicial and judicial collection costs, which is at least 10% of the invoice amount with a minimum of € 150, – excl. VAT amounts and also the costs for lawyers, lawyers, bailiffs, collection agencies and any legal proceedings before the court or the court of appeal.

8.5. The claim for payment is immediately due and payable in the event that the customer is declared bankrupt, applies for suspension of payment, or the customer's assets are seized in general, the customer dies and furthermore, if he goes into liquidation or is dissolved.

8.6. In the above cases, Zebrasaurus also has the right to terminate or suspend the execution of the agreement or any part thereof that has not yet been executed without notice of default or judicial intervention, without the right to compensation for damage for the customer that may arise as a result.

8.7. The customer agrees that Zebrasaurus invoices electronically. If the customer wishes to receive an invoice by post, Zebrasaurus reserves the right to charge additional costs of € 2.50 per invoice.
8.8. The customer can make objections to the invoices sent by Zebrasaurus known to Zebrasaurus in writing within 7 days of the invoice date at the latest. Upon receipt of the objection, Zebrasaurus will conduct an investigation into the correctness of the invoice amount. Objections to sent invoices do not suspend the customer's payment obligation.

8.9. All products and services delivered by Zebrasaurus remain the property of Zebrasaurus until all amounts owed by the customer have been paid to Zebrasaurus.

ARTICLE 9. RESERVATION OF PROPERTY & INTELLECTUAL PROPERTY

9.1. All intellectual property rights to all documentation, offers and preparatory material developed or made available in the context of the services are vested exclusively in Zebrasaurus unless otherwise agreed in writing.

9.2. The products delivered by Zebrasaurus may never be reproduced or resold, in part or in whole, unless otherwise agreed in writing.

9.3. The content of the website, including but not limited to: the texts, images, design, brands and domain names, are the property of Zebrasaurus and are protected by copyrights and intellectual or industrial property rights that exist under applicable law. Users of the website are not permitted to reproduce or make available the website or any part thereof without the permission of Zebrasaurus.

9.4. All copyrights and intellectual property on products of the human spirit developed by Zebrasaurus are and remain the exclusive property of Zebrasaurus.

9.5. All information published by the customer via the products delivered by Zebrasaurus remain the property of the customer.

9.6. Zebrasaurus is not responsible for any information/content that the customer places on zebrasaurus' servers. If the information/content placed by the customer in any way infringes the rights of third parties or is in conflict with laws and regulations, the customer will indemnify Zebrasaurus against any claims for damages that third parties may assert as a result of this action of the customer.

9.7. Any act that is contrary to article 9.2 and article 9.3 is considered as copyright infringement.

9.8. In the event of infringement, Zebrasaurus is entitled to compensation in the amount of at least twice the license fee it applies for such a form of use without losing the right to any compensation.

ARTICLE 10. Liability

10.1. Any agreement between Zebrasaurus and the customer can be characterized as a best efforts agreement. As a result, Zebrasaurus can never be held liable for results not achieved.

10.2. In the unlikely event that Zebrasaurus is held liable for what is stipulated in Article 10.1, any liability is limited to compensation for direct damage up to a maximum of 2 times the amount of the price stipulated for that agreement (excl. VAT). This amount does not exceed € 75,000 and in any case at all times limited to a maximum of the amount that the insurer pays out to Zebrasaurus in the relevant case.

10.3. In addition to article 10.2, Zebrasaurus is then only liable for direct damage. Direct damage should only be understood to mean;

  • the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
  • any reasonable costs incurred to have zebrasaurus' defective performance comply with the agreement, insofar as these can be attributed to Zebrasaurus;
  • reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to the limitation of direct damage as referred to in this article.

10.4. Zebrasaurus excludes any liability for indirect damage suffered by the use of services and/or products provided by Zebrasaurus, with the exception of situations in which the damage is due to intent on the part of Zebrasaurus.

10.5. Zebrasaurus is in any case never liable for: consequential damage, damage due to missed savings, damage due to business stagnation, loss of profit and for damage caused by loss of data data during the execution of the agreement.

10.6. Zebrasaurus is also never liable for losses suffered by the customer in the event of not being able to deliver a delivery. Zebrasaurus depends on its suppliers.

10.7. The customer indemnifies Zebrasaurus against all claims for damages that third parties may assert in respect of damage that has arisen in any way due to the unlawful or careless use of the products and services of Zebrasaurus delivered to the contracting party.

ARTICLE 11. INTERRUPTION OF SERVICES AND FORCE MAJEURE

11.1. Zebrasaurus is not bound by its obligations under the agreement if compliance has become impossible due to force majeure. If the force majeure continues to exist for a period of 60 days, both parties are entitled to dissolve the agreement. What has already been performed under the agreement will then be settled proportionately.

11.2. Zebrasaurus is dependent in its activities on the cooperation, services and deliveries of third parties, over which Zebrasaurus can exercise little or no influence. Zebrasaurus can therefore in no way be held liable for any damage whatsoever arising from a situation in which the shortcoming is due to a third party with whom Zebrasaurus has entered into an agreement.

11.3. In addition to the provisions of paragraph 11.2, force majeure certainly includes everything that has been adopted in law and jurisprudence in this regard.

ARTICLE 12. DURATION OF THE AGREEMENT, TERMINATION AND CANCELLATION

12.1. If the agreement relates to the periodic or otherwise regular provision of services, the agreement is in principle entered into between the parties for a period of twelve months, unless otherwise agreed.

12.2. The right of premature termination of the agreement by the customer is excluded, without prejudice to the other provisions of these general terms and conditions.

12.3. Both parties, both customer and Zebrasaurus, only have the authority to dissolve the agreement if the other party, after a proper and as detailed as possible written notice of default in which a reasonable period is set for remedying the shortcoming, implicably fails to comply with the essential obligations under the agreement.

12.4. In exception to what is stipulated in Article 8.3, Zebrasaurus may terminate the agreement without notice of default and without judicial intervention by written notice with immediate effect in whole or in part if urgent reasons arise, including in any case the cases in which:

  • the customer is granted (provisional) suspension of payment;
  • bankruptcy is requested or pronounced with regard to the customer;
  • there is a suspicion that the customer cannot meet his or her payment obligation upon renewal of the agreement;
  • the customer acts contrary to public order or morality, or any obligation arising from the agreement with Zebrasaurus;
  • customer infringes the rights of third parties;
  • customer acts contrary to reasonable guidelines or instructions from Zebrasaurus;
  • the customer does not respond to correspondence by e-mail, telephone and/or in writing or by registered letter;
  • for recurring payment problems.

Zebrasaurus will never be obliged to pay any compensation due to this termination, as stipulated in Article 12.4.

12.5. If, at the time of the dissolution as referred to in Articles 12.3 and 12.4, the customer has already received performance for the execution of the agreement, these performances and the related payment obligation will not be subject to cancellation. Amounts that Zebrasaurus has invoiced before the dissolution in connection with what it has already performed or delivered in the execution of the agreement, remain due without prejudice to the provisions of the previous sentence and become immediately due and payable at the time of the dissolution.

12.6. Zebrasaurus reserves the right to change its general terms and conditions, also for existing agreements. If Zebrasaurus proceeds to change the conditions, it will inform the customer of this. The customer is then free to dissolve the agreement from the moment that the new general terms and conditions take effect or until a maximum of seven days after the entry into force of these new general terms and conditions.

ARTICLE 13. CONFORMITY

13.1. Zebrasaurus will pursue the intended result agreed in the offer as much as possible in the execution of the agreement. If, in the opinion of the customer, the delivered results do not correspond to the intended result agreed in the quotation, the customer and Zebrasaurus will enter into consultation to ensure that the delivered goods still meet the intended results.

13.2. In addition to what is stipulated in Article 13.1, the costs for the additional work as referred to in that article will be invoiced to the customer in accordance with zebrasaurus' normal rate, unless the customer can plausibly demonstrate in zebrasaurus' opinion that the deviations in the result are due to the defective execution of the agreement on the part of Zebrasaurus.

13.3. Should it be established that the defectiveness of the services and/or products to be provided by Zebrasaurus is at the expense of Zebrasaurus, the customer is not entitled to compensation or dissolution of the agreement, except as stipulated in these terms and conditions.

ARTICLE 14. OTHER PROVISIONS AND APPLICABLE LAW

14.1. If any provision of these general terms and conditions is null and void or is annulled, the other provisions of these general terms and conditions will remain in full force and Zebrasaurus and the customer will enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and purport of the void or annulled provision will be taken into account as much as possible.

14.2. If the customer includes in his order terms or conditions that deviate from, or do not appear in, these conditions are only binding for Zebrasaurus if and insofar as they have been expressly accepted by Zebrasaurus in writing.

14.3. If Zebrasaurus deviates from the General Terms and Conditions on its own initiative in favour of the customer, the customer can never derive any rights from this.

14.4. Any purchase or other conditions of the customer do not apply.

14.5. Rights and obligations arising from an agreement can only be transferred by the customer to a third party if Zebrasaurus has given written permission for this.

14.6. All legal relationships to which Zebrasaurus is a party are exclusively governed by Dutch law.

14.7. The customer and Zebrasaurus will first try to settle any disputes in mutual consultation and amicable before appealing to the court.

14.8. If mandatory rules do not provide otherwise, the competent court in the district of Midden-Nederland, location Utrecht is in the first instance competent to take cognizative of disputes between Zebrasaurus and the customer.

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