Condizioni generali

ARTICLE 1 | DEFINITIONS

In these general terms and conditions, the following terms, indicated with an initial capital letter, shall have the following meanings:

  1. Shops4u: the user of these general terms and conditions, established at Dorpsstraat 12, 4711 NG St. Willebrord, the Netherlands, registered with the Chamber of Commerce under number 96189460.

  2. Customer: any natural or legal person with whom Shops4u has concluded or intends to conclude an Agreement.

  3. Consumer: a Customer, being a natural person, acting for purposes outside their trade, business, or professional activity.

  4. Parties: Shops4u and the Customer jointly.

  5. Agreement: any agreement between the Parties under which Shops4u undertakes to sell and deliver Products to the Customer.

  6. Distance Agreement: an Agreement concluded between Shops4u and a Consumer within the framework of an organized system for distance selling without the simultaneous physical presence of Shops4u and the Consumer, and whereby, up to and including the moment of conclusion of the Agreement, exclusive use is made of one or more means of distance communication, such as in the case of an order placed via the Webshop. An Agreement shall not qualify as a Distance Agreement if no organized system for distance selling is used, for example if the Consumer independently obtains Shops4u’s contact details and concludes an Agreement via email or telephone.

  7. Webshop: www.zibroonline.com.

  8. Products: the goods to be sold and delivered by Shops4u to the Customer under the Agreement, including but not limited to Zibro wick heaters, Zibro laser heaters, Zibro wall-mounted laser heaters, Zibro accessories, Zibro spare parts, Firelux fuel, and other related products.

  9. Offer: any oral or Written offer made to the Customer with the intention of concluding an Agreement upon acceptance, including but not limited to offers made in the Webshop or in Shops4u’s physical store.

  10. Written: communication in writing, by email, or any other method of communication that, considering the state of the art and generally accepted standards, can be regarded as equivalent.

ARTICLE 2 | GENERAL PROVISIONS

  1. These general terms and conditions apply to every Offer, every Agreement, and all legal relationships arising therefrom between the Parties.

  2. The applicability of any general terms and conditions of the Customer, under whatever name, is expressly rejected.

  3. Deviations from these general terms and conditions are only valid if expressly agreed in Writing. In the event of conflict between these general terms and conditions and what has been expressly agreed in Writing, the latter shall prevail.

  4. If any provision of these general terms and conditions or the Agreement is null or voided, the remaining provisions shall remain in full force. The Parties shall consult to agree on a replacement provision, taking into account the purpose and intent of the original provision as much as possible.

ARTICLE 3 | OFFER AND CONCLUSION OF THE AGREEMENT

  1. Every Offer is non-binding, even if it includes a validity period. Shops4u may revoke its Offer immediately, or at least as soon as possible after acceptance by the Customer. If payment has already been made, Shops4u will refund it promptly.

  2. The Customer cannot derive any rights from an Offer containing an obvious error or mistake.

  3. Subject to paragraph 1, an Agreement is concluded at the moment the Customer accepts the Offer in the manner designated by Shops4u. If the Customer’s acceptance deviates from the Offer, the Agreement is not concluded in accordance with that deviation unless Shops4u indicates otherwise.

  4. If the Customer concludes the Agreement on behalf of another person or legal entity, the Customer declares to be authorized to do so and is jointly and severally liable for compliance with the obligations arising from the Agreement.

ARTICLE 4 | RIGHT OF WITHDRAWAL FOR CONSUMERS IN A DISTANCE AGREEMENT

  1. Unless otherwise provided in this Article, a Consumer may withdraw from a Distance Agreement within 14 days after the Products have been received, without stating reasons.

  2. The right of withdrawal does not apply to:

    • Products unsuitable for return for health protection or hygiene reasons if the seal has been broken after delivery.

    • Other Products excluded under Dutch Civil Code Book 6, Section 5.2B (if applicable in the future, this will be explicitly stated in the Offer).

  3. The Consumer may exercise the right of withdrawal using Shops4u’s model withdrawal form or by email at info@zibroonline.com.

  4. Shops4u will confirm receipt of the withdrawal by email. The burden of proof of timely withdrawal lies with the Consumer.

  5. During the withdrawal period, the Consumer must handle the Products and packaging with care and may only inspect them as would be permitted in a physical store.

  6. Products must be returned undamaged, complete with all accessories, and in their original condition and packaging.

  7. The Consumer is liable for any depreciation resulting from handling beyond what is permitted.

  8. Products must be returned within 14 days after withdrawal.

  9. Return shipping costs are borne by the Consumer.

  10. Shops4u will refund payments received, minus any depreciation, within 14 days after withdrawal, provided the Products have been received or proof of return shipment has been provided.

ARTICLE 5 | CANCELLATION OTHER THAN UNDER ARTICLE 4

  1. Article 4 prevails over this Article.

  2. If the Customer cancels the Agreement after conclusion, Shops4u may refuse cancellation and hold the Customer to their payment obligations.

ARTICLE 6 | DELIVERY

Delivery shall take place at the expressly agreed location and method, or otherwise according to customary practice. In case of shipment, delivery takes place at the address provided by the Customer, and shipping costs are borne by the Customer.

ARTICLE 7 | INSPECTION AND COMPLAINTS

  1. The Customer must inspect the Products immediately upon delivery. Visible defects must be reported within one working day, including clear photographs in case of damage.

  2. Hidden defects must be reported in Writing within seven days after discovery.

  3. For Consumers, complaints regarding non-conformity must be made within two months after discovery.

  4. Failure to complain in time releases Shops4u from liability.

  5. Timely complaint does not suspend payment obligations.

  6. In case of unresolved disputes under a Distance Agreement, the Consumer may submit the dispute via the EU ODR platform: ec.europa.eu/consumers/odr/.

ARTICLE 8 | WARRANTY AND CONFORMITY

  1. Warranty is limited to any manufacturer’s warranty provided with the Product, without prejudice to mandatory consumer rights regarding conformity.

  2. Manufacturer warranty claims are handled according to manufacturer conditions. Any costs charged by the manufacturer are borne by the Customer.

  3. Non-conformity claims are excluded if defects result from external causes, misuse, wear and tear, or unauthorized repairs.

  4. In valid cases of non-conformity, Shops4u will repair or replace within a reasonable time.

  5. If an incorrect Product was delivered, the Customer must provide order details via email. Replacement will occur after return of the incorrect Product. Return costs are borne by Shops4u unless the incorrect delivery is not attributable to it.

ARTICLE 9 | FORCE MAJEURE

  1. Shops4u is not obliged to perform the Agreement if prevented by force majeure, including technical failures, fire, transport disruptions, power outages, etc.

  2. If force majeure lasts longer than one month, either Party may dissolve the Agreement.

  3. Partial performance may be invoiced separately.

ARTICLE 10 | SUSPENSION AND TERMINATION

  1. Shops4u may suspend performance if the Customer fails to meet payment obligations.

  2. Shops4u may terminate the Agreement if the Customer fails to perform obligations after notice of default.

  3. Termination is not justified if the breach is minor.

  4. Immediate termination is permitted in case of bankruptcy or seizure.

  5. Shops4u may terminate if performance becomes impossible.

  6. The Customer has no right to compensation due to suspension or termination.

  7. Shops4u may claim damages if the termination is attributable to the Customer.

  8. All outstanding claims become immediately due upon termination.

ARTICLE 11 | PRICES, DELIVERY COSTS AND PAYMENT

  1. Prices include VAT. Delivery costs are stated before conclusion.

  2. In case of advance payment, performance starts after full payment.

  3. Payments must be made as designated.

  4. Invoices may be provided electronically.

  5. Payment must be made without suspension or set-off, unless mandatory consumer law dictates otherwise.

  6. In case of late payment, 2% interest per month applies (or statutory interest for Consumers).

  7. Collection costs are borne by the Customer.

ARTICLE 12 | LIABILITY

  1. Shops4u is not liable for damage due to incorrect information provided by the Customer or circumstances not attributable to Shops4u.

  2. Liability for indirect damages, loss of profit, business interruption, data loss, etc., is excluded.

  3. Liability limitations do not apply in case of intent or gross negligence. Liability is limited to direct damages only.

  4. Liability is limited to repair or replacement, or maximum invoice value, and in all cases limited to the amount paid by Shops4u’s liability insurance plus deductible.

  5. In consumer sales, liability limitations apply only as permitted by law (Article 7:24(2) Dutch Civil Code).

  6. Limitation period for claims is 12 months, except for consumer conformity claims (2 years).

ARTICLE 13 | RETENTION OF TITLE

Products remain property of Shops4u until full payment has been received. Shops4u may enter premises to reclaim Products. The Customer must provide necessary information to enforce ownership rights.

ARTICLE 14 | FINAL PROVISIONS

  1. Shops4u may transfer rights and obligations to a third party.

  2. Dutch law exclusively applies.

  3. Parties must attempt amicable resolution before litigation.

  4. The competent court in the Zeeland-West-Brabant district has jurisdiction, without prejudice to statutory rights of Consumers.