General terms and conditions - neutral version
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Fulfilment and additional guarantee
Article 13 - Delivery and execution
Article 14 - Continuing transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
- Grace period: The period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
- Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
- Distance contract: an agreement that is concluded between the trader and the consumer as part of an organised system for the distance sale of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
- Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions. Annex I need not be provided if the consumer does not have a right of withdrawal regarding his order;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Manzaram V.O.F. (statutory name, possibly supplemented by a trade name);
Bos en Lommerplein 194-196, 1055EK Amsterdam;
Phone number: 0687114092
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 34205333
If the entrepreneur's activity is subject to a relevant licensing regime: the
information on the supervisory authority.
If the entrepreneur is engaged in a regulated profession:
- the professional association or organisation to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
- If the distance contract is concluded electronically, then, 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 by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.
Article 4 - – The offer
- If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The Agreement
- The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
- The entrepreneur may, within legal frameworks, inform the consumer about his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- No later than at the time of delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:
- the visiting address of the trader's business establishment where the consumer can lodge complaints;
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales services;
- the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can dissolve an agreement related to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
- The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party appointed by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- in case of contracts for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him has received the first product.
In the case of services and digital content which is not supplied on a tangible medium:
- The consumer can terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium during at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
- The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the absence of information on the right of withdrawal
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will end 14 days after the day on which the consumer received this information.
Article 7 - – Obligations of the consumer during the cooling-off period
- During the cooling-off 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 determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer shall not be liable for any diminution in the value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.
Article 8 - – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The Consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.
- The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not notified the consumer that he has to bear these costs or if the entrepreneur has indicated that he has to bear the costs himself, the consumer does not have to bear the costs of return shipment.
- If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity, not put up for sale in a limited volume or set quantity, shall begin during the withdrawal period, the consumer shall owe the trader an amount which is in proportion to that part of the undertaking which the trader has fulfilled at the time of withdrawal, as compared with the full extent of the undertaking.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the trader has not provided the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the event of withdrawal or on the model form for withdrawal, or
- the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
- he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the trader has failed to confirm this declaration by the consumer.
- If the consumer makes use of his right of withdrawal, all supplementary contracts shall be cancelled by operation of law.
Article 9 - Obligations of the trader in the event of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay.
- The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay but within 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
- The entrepreneur shall use the same means of payment as the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
Article 10 - – Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract:
- Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Contracts concluded at a public auction. A public auction is a method of sale whereby products, digital content and/or services are offered by the operator to the consumer who is present in person or has the possibility to be present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
- the execution has started with the consumer's explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
- Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
- Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
- Products which, after delivery, are irrevocably mixed with other products due to their nature;
- Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, journals or magazines with the exception of subscriptions to them;
- The supply of digital content other than on a tangible medium, but only if:
- the execution has started with the consumer's explicit prior consent; and
- the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - – The price
- During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 - – Fulfilment of agreement and additional guarantee
- The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader on the basis of the agreement if the trader has failed to fulfil his part of the agreement.
- By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfil his part of the agreement.
Article 13 - – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in article 4 of these general conditions, the entrepreneur will execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.
Article 14 - – Prolonged transactions: duration, cancellation and renewal
- The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
- The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
- The consumer may terminate the contracts referred to in the previous paragraphs:
- at any time and shall not be limited to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into by him;
- Always terminate the contract with the same notice period that the entrepreneur has stipulated for himself.
- A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
- Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
- A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month. The maximum notice period is three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness dictate otherwise.
Article 15 - – Payment
- As far as no other stipulation has been made in the agreement or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
- If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by the proprietor of the late payment and after the proprietor has allowed the consumer a period of 14 days to meet his payment obligations as yet, owe the statutory interest on the amount due and the proprietor has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over amounts outstanding up to € 2500; 10% over the next € 2500; and 5% over the next € 5000, with a minimum of € 40. The proprietor can deviate from the aforementioned amounts and percentages in favour of the consumer.
Article 16 - – Complaints procedure
- The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 - – Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 - – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a long-term data carrier.
- Additional General Terms and Conditions Manzaram
Orders for products via the webshop/applications of Manzaram are subject to the above General Terms and Conditions (hereinafter: the "Conditions under I"). Furthermore, for the use of the webshop/applications and in addition to the Conditions under I, these Supplementary General Terms and Conditions of Manzaram (hereinafter: the "Manzaram Conditions") apply as shown below. If the Supplementary Terms and Conditions of Manzaram deviate from or conflict with the Terms and Conditions under I, the Manzaram Terms and Conditions shall prevail.
Article 1 - Definitions
In addition to the definitions in the Conditions under I, the following definitions shall apply:
- Manzaram Conditions: these conditions of Manzaram that apply in addition to the Conditions under I;
- Applications: the applications of Manzaram that make it possible to use the Platform;
- Intellectual Property Rights: all rights of intellectual property and related rights, such as copyright, trademark law, patent law, design law, trade name law, database law and related rights, as well as rights to know-how;
- My Manzaram Account: the account you have created;
- Pick-up point: location where the order can be picked up;
- Privacy Statement: the privacy statement of Manzaram;
- Conditions under I: the general conditions as described above under I;
Article 2 - Creation of My Manzaram Account
- You can create the Manzaram account free of charge via the website www.manzaram.nl. In order to make full use of the Website and/or the Applications, you must create a My Manzaram Account.
- You warrant that the information you provide when creating your My Manzaram Account is accurate and complete and that you will update it to keep it accurate and complete.
- You are responsible for keeping the login details for the My Manzaram Account confidential. You are therefore liable for all use of the Website and/or Applications that is made via the My Manzaram Account as a result of acts and/or omissions that are attributable to you. As soon as you know or have reason to suspect that My Manzaram Account has come into the hands of unauthorized persons you must immediately inform Manzaram , without prejudice to your own obligation to immediately take effective measures yourself, such as changing your password. Manzaram is not liable for damage arising in any way from or related to unauthorized use of the My Manzaram Account, unless this damage is the result of circumstances attributable to Manzaram .
- Obvious mistakes or errors in the offer are not binding on Manzaram .
Article 3 - Order
- The minimum order amount at Manzaram is 25 euros, excluding any delivery and service costs.
- Manzaram offers you the opportunity to choose the time period within which you wish to collect your order or have it delivered. Reserving a certain time period may incur costs, which are clearly stated on the Website.
- If collection has been chosen, orders can be collected from the selected collection point within the agreed time period. If you fail to collect a placed order or fail to collect it on time from the Pick Up Point selected by you, the order will be cancelled.
- If you have opted for delivery, the order will be delivered to the address provided by you within the agreed time period. The delivery costs stated on the website may apply. Manzaram makes every effort to deliver the order at that time, or at least within the agreed time period. You cannot hold Manzaram responsible for the non-delivery or late delivery of the order.
- If you are unable to receive the delivery within the relevant time period, Manzaram will contact you to make a new appointment. Manzaram reserves the right to cancel orders if they cannot be delivered to the address provided, for example because you are not at home and/or no new delivery appointment can be made.
- If the provision (delivery) of your order by a third party to you takes place, this has a liberating effect for Manzaram, meaning that Manzaram has thereby fulfilled its obligation to deliver your order.
- Previous orders you have placed can be viewed in your My Manzaram Account.
- If you want to cancel an order, you can do so until 22:00 on the day before delivery. So always check the order and delivery time before you pay.
Article 4 - Right of withdrawal
For information on the right of withdrawal, please refer to Articles 6 to 10 of the Terms and Conditions under I. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery cannot be returned.
Article 5 - Payment
You must pay the amounts owed to Manzaram as a result of an online order using the payment methods stated on the Website. Payments must be made immediately in order for the order to be finalised.
Article 6 - Pricing policy
- Manzaram does its utmost to display the correct prices. However, it may happen that prices of products are displayed incorrectly. In principle, the prices shown at the time you place your order are leading. If an incorrect price is indicated on an article/product, Manzaram is entitled to cancel the order.
- Promotional prices are valid during the indicated period. To benefit from a promotion, the moment of pick-up and/or delivery must fall within the promotion period. If you choose a pick-up and/or delivery time that falls after the action period, the action no longer applies and the normal price will be charged when you place the order. Conversely, a promotion that is valid at the time of pickup and/or delivery will be included in the final price.
- For all products, you pay the price that the item costs at the time you place your order, as indicated on the invoice.
- Promotions are subject to the OP=OP rule. It is also possible that certain promotions may have restrictions on the quantity of products that can be purchased. For Op=op actions, the rule applies as long as stocks last.
- 2nd half price is 25% off the total price of two products, 1+1 free is 50% off the total price of two products, 2+1 free is 33.34% off the total price of three products, 3+1 free is 25% off the total price of four products.
- Some promotions have a limit on the number of products you can order. You will automatically be notified when you have added the maximum number of products to your basket.
- All discount codes provided by Manzaram are for personal use only. The discount codes can be used once.
Article 7 - Clothing material
Manzaram does its utmost to provide this information in a correct manner with the products concerned information that may influence your health. The information on the product itself is always leading. It is therefore very important that you always check yourself whether a particular product is suitable for you.
Article 8. Transfer of risk
11.1 The risk of loss, damage or depreciation is transferred to the consumer at the moment the goods are brought into the control of the consumer.
Article 9 - Force majeure
- Manzaram is not obliged to comply with any obligation towards the consumer if it is prevented from doing so as a result of a circumstance that is not due to fault, and for which it cannot be held accountable by virtue of the law, a juristic act or generally accepted practice.
- In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Manzaram cannot exert any influence, but which prevent Manzaram from being able to fulfil its obligations. Strikes in the company of Manzaram or third parties are included.
- Insofar as Manzaram has already partially fulfilled its obligations arising from the agreement at the time when force majeure sets in, or will be able to fulfil these, Manzaram is entitled to invoice the part already fulfilled or to be fulfilled separately.
Article 10 - Intellectual property rights
- Manzaram reserves all rights not expressly granted to you. Your use of the Website does not constitute a transfer of any Intellectual Property rights from Manzaram to you. You only acquire a non-transferable, non-exclusive, non-sublicensable, limited license to use the Website for the purposes indicated on the Website.
- You acknowledge that all (Intellectual Property) Rights in respect of the Website, including but not limited to the Intellectual Property Rights in respect of the texts, photographs, films and software, are held exclusively by Manzaram or its licensors.
- The (parts of the) Website may not be reproduced or made public in any way or form (wholly or in part), unless otherwise stipulated in the Manzaram Conditions and/or in so far as required by mandatory law. It is also not permitted:
(i) request and re-use a substantial part of the content of the Website and/or Applications and/or request and re-use non-substantial parts of the content of the Websites and/or Applications repeatedly and systematically; and/or
(ii) to use any soft- and/or hardware-based tools and/or solutions (whether in-house or provided by third parties), to the extent that these are intended to take over any information made accessible via the Website and/or Applications, or to spider, scrape, search or otherwise misuse the Website and/or Applications via robots or in any other way.
Article 11 - Age
- In some cases, a minimum age of 16 applies to the purchase of certain products and quantities. You are not allowed to purchase products if you are under the required age.
- Manzaram is entitled to ask you to show a valid ID when ordering, picking up and/or delivering your order. If you cannot show a valid ID, Manzaram will not be able to place or give (away) your order.
Article 12 - Abuse
If Manzaram has established that you are abusing the Website and/or Applications, Manzaram is entitled to temporarily or permanently block and/or remove the My Manzaram Account. If abuse occurs more often, Manzaram is entitled to place you on a blacklist, subject to the relevant laws and regulations.
Article 13 - Privacy and cookies
- During the use of the Website and/or Applications, Manzaram will process personal data belonging to you. Manzaram carries out this processing in accordance with its Privacy Statement.
Article 14 - Liability
- If Manzaram is liable, then this liability is limited to what is regulated in this provision.
- Manzaram is not liable for damage, of whatever nature, arising because Manzaram has relied on incorrect and/or incomplete information provided by or on behalf of the consumer.
- If Manzaram is liable for any damage, the liability is limited to a maximum of once the invoice value of the order, or at least to that part of the order to which the liability relates.
- The liability of Manzaram is in any case always limited to the amount paid out by its insurer in the case in question.
- Manzaram is exclusively liable for direct damage. Direct damage is exclusively understood as the reasonable costs to determine the cause and the extent of the damage, as far as the determination concerns damage in the sense of these terms and conditions, any reasonable costs incurred to have the faulty performance of Manzaram comply with the agreement, as far as these can be attributed to Manzaram , and reasonable costs incurred to prevent or limit the damage, as far as the consumer demonstrates that these costs have led to the limitation of direct damage as meant in these general terms and conditions.
- Manzaram shall never be liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Manzaram or its managerial subordinates.
Article 15 - Other
These Manzaram Conditions may be adapted at any time by Manzaram . The amended Manzaram Conditions will be brought to your attention on the Website and/or within the Application.
Article 16 - Location
These conditions have been filed at the Chamber of Commerce. The latest version or the version that applied at the time the legal relationship with the consumer was established is applicable.