TERMS & CONDITIONS
Article 1. Definitions
In these Terms and Conditions, the following definitions apply:
- Cooling-off Period: the period during which the Consumer may exercise the Right of Withdrawal.
- Consumer: any natural person acting for purposes outside their trade, business, craft or profession.
- Day: calendar day.
- Distance Contract: a contract concluded between the Entrepreneur and the Consumer without simultaneous physical presence, using distance communication.
- Durable Data Carrier: any medium enabling information to be stored for future reference in an unchanged form.
- Right of Withdrawal: the Consumer’s statutory right to withdraw from the Distance Contract.
- Entrepreneur: GEZZINA.
- General Terms and Conditions: the present Terms and Conditions.
Article 2. Identity of the Entrepreneur
GEZZINA
Hoofdweg 415/H
1056 CT Amsterdam
The Netherlands
E-mail: info@gezzina.com
Chamber of Commerce (KvK): 91940672
VAT number: NL004926410B16
Article 3. Applicability
- These Terms and Conditions apply to every offer and every Distance Contract between the Entrepreneur and the Consumer.
- Before the contract is concluded, these Terms and Conditions are made available to the Consumer in a way that allows storage on a Durable Data Carrier.
- If additional conditions apply to specific products or services, the provision most favourable to the Consumer shall prevail in case of conflict.
- If any provision is invalid or voidable, the remaining provisions remain in full force.
Article 4. The Offer
- All offers are non-binding unless expressly stated otherwise.
- The offer contains a complete and accurate description of the products and prices, including VAT and delivery costs.
- Obvious errors or mistakes do not bind the Entrepreneur.
- Product images are indicative; minor deviations do not constitute non-conformity.
Article 5. The Agreement
- The Agreement is concluded when the Consumer places an order and completes payment.
- The Entrepreneur confirms receipt of the order electronically without undue delay.
- The Entrepreneur may refuse an order if there are reasonable grounds to do so.
Article 6. Right of Withdrawal
Products
- The Consumer may withdraw from the Agreement within 14 days without giving any reason.
- The Cooling-off Period starts on the day after the Consumer receives the product.
- To exercise the Right of Withdrawal, the Consumer must notify the Entrepreneur within the Cooling-off Period by an unequivocal statement.
- The Consumer must return the goods within 14 days after notification of withdrawal.
Services
- For services, the Cooling-off Period starts on the day the Agreement is concluded.
Article 7. Effects of Withdrawal
- Upon withdrawal, the Entrepreneur reimburses all payments received, including standard delivery costs, within 14 days, subject to receipt or proof of return.
- Reimbursement is made using the same payment method unless agreed otherwise.
- The Consumer bears the direct costs of returning the goods.
- The Consumer is liable only for diminished value resulting from handling beyond what is necessary to assess the goods.
Article 8. Exclusion of the Right of Withdrawal
- The Right of Withdrawal is excluded for products that are not suitable for return for reasons of health protection or hygiene if the seal has been broken after delivery.
- Swimwear qualifies as a hygiene-sensitive product. The Right of Withdrawal is excluded if the hygienic liner (plastic insert) has been removed, or if the product has been worn, washed or altered.
- This exclusion applies only if clearly stated before the conclusion of the Agreement.
Article 9. Prices
- All prices include VAT unless stated otherwise.
- Prices will not be increased during the offer period, except due to statutory changes.
- Typographical and pricing errors do not entitle the Consumer to delivery at the incorrect price.
Article 10. Conformity and Warranty
- Products must conform to the Agreement and applicable statutory requirements.
- The Consumer must report defects within two months after discovery.
- This notification obligation does not limit statutory consumer rights.
- Any additional warranty does not affect legal rights.
Article 11. Delivery
- Delivery takes place at the address provided by the Consumer.
- Orders are delivered within 30 days, unless otherwise agreed.
- If delivery is delayed or impossible, the Consumer may dissolve the Agreement and receive a refund.
- Risk of loss or damage passes to the Consumer upon delivery.
Article 12. Duration Transactions
- Agreements for an indefinite period may be terminated at any time with a notice period of no more than one month.
- Fixed-term agreements may not be tacitly renewed for a fixed term.
- After one year, the Consumer may terminate a long-term agreement at any time with one month’s notice.
Article 13. Payment
- Payment is due immediately upon conclusion of the Agreement.
- The Consumer must report inaccuracies in payment details without delay.
- In case of non-payment, the Entrepreneur may charge legally permitted costs.
Article 14. Complaints
- Complaints must be submitted within two months after discovery.
- Complaints are answered within 14 days of receipt.
- If unresolved, the Consumer may use the European Online Dispute Resolution (ODR) platform.
Article 15. Applicable Law and Disputes
- These Agreements are governed by Dutch law.
- This choice of law does not prejudice mandatory consumer protection provisions of the Consumer’s country of habitual residence.
- The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 16. Additional Provisions
Additional or deviating provisions may not be to the detriment of the Consumer and must be recorded on a Durable Data Carrier.
Article 17. Language Versions
These Terms and Conditions are drawn up in English and Dutch.
In case of ambiguity, the interpretation most favourable to the Consumer shall prevail.