Terms of service
Terms of service
Article 1 – Definitions
The following definitions apply in these General Terms and Conditions:
Withdrawal period:the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who does not act within the scope of a professional or commercial activity and concludes a distance contract with the entrepreneur.
Day: Calendar day.
Continuous obligation: a distance contract relating to a series of products and/or services where the delivery and/or acceptance obligation is spread over a period of time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction is possible.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers by means of distance selling.
Distance contract: a contract concluded within a system organized by the entrepreneur for the distance sale of products and/or services, where exclusively means of remote communication are used up to and including the conclusion of the contract.
Means of remote communication: means that can be used to conclude a contract without the consumer and the entrepreneur being physically present at the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company Name: Dylanocamies
Trade name: Zoralia
Registration Number: 69108770
VAT ID:NL005193083B30
Email:service@zoralia.de
Phone: +31 085 115 5495
Company Address:Laan van het Kinholt 649, 7823GR Emmen, Netherlands
Warehouse Address: GLP Logistics Park, 404, 4th Floor, Zhenxing North Road, Jianggao Town, Baiyun District, Guangzhou City, China
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.
Before concluding the distance contract, the consumer will be provided with the text of these General Terms and Conditions. If this is not reasonably possible, it will be pointed out that the Terms and Conditions can be viewed and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these Terms and Conditions will be made available to the consumer electronically in such a way that they can save it on a durable data carrier. If this is not reasonably possible, it will be indicated before concluding the distance contract where the Terms and Conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.
If specific product or service conditions apply in addition to these Terms and Conditions, the consumer may always rely on the provision most favorable to them in case of conflicting conditions.
If one or more provisions of these Terms and Conditions are wholly or partially invalid or contestable, the contract and these Terms and Conditions remain otherwise in effect. The relevant provision will be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning of the original.
Situations not covered by these Terms and Conditions will be assessed in the spirit of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to certain conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough for the consumer to properly assess the offer. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are guidelines and cannot justify compensation or contract termination. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains information indicating which rights and obligations are associated with accepting the offer. This particularly concerns:
The price, plus any applicable import VAT and customs duties, which are borne by the customer. Since the goods are shipped from a country outside the EU, customs duties or import charges may be incurred upon receipt.
Any shipping costs.
The manner of concluding the contract and the measures required for this.
Whether the right of withdrawal applies or is excluded.
The payment, delivery, and performance modalities.
The period for accepting the offer or the period for which the entrepreneur guarantees the price.
Whether the contract is archived after its conclusion and, if so, how the consumer can access it.
The consumer's opportunity to review and, if necessary, correct the data provided by them within the framework of the contract before concluding the contract.
The minimum term of the distance selling contract for ongoing obligations.
Article 5 – The Contract
The contract is concluded as soon as the consumer has accepted the offer and fulfilled the specified conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt has not been confirmed, the consumer can cancel the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure electronic data transmission and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur takes corresponding security measures.
The entrepreneur may — within the scope of legal provisions — check whether the consumer can meet their payment obligations. If, based on this check, there are good reasons not to enter into the contract, the entrepreneur is entitled to reject an order or attach special conditions to its execution.
The entrepreneur provides the consumer with the following information in writing or in a form that can be stored on a durable data carrier:
The address where the consumer can submit complaints.
The conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement excluding the right of withdrawal.
Information about warranties and existing customer service.
The requirements for terminating the contract if the contract has a term of more than one year or is concluded for an indefinite period.
Each contract is concluded under the condition of sufficient availability of the respective products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to cancel the contract within 14 days to withdraw without giving reasons. This withdrawal period begins the day after the consumer receives the product.
During the withdrawal period, the consumer handles the product and its packaging carefully. They only unpack or use the product to the extent necessary to assess it.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur in writing by email within 14 days of receiving the product. After notification, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example by providing shipping proof.
If the consumer has neither expressed their wish to withdraw nor returned the product within the applicable deadlines, the purchase is considered final.
Please note that Zoralia voluntarily offers an extended return period of 100 days, as described in our return and refund policy.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, they bear the costs of the return shipment.
If the consumer has already paid an amount, the entrepreneur will refund it as soon as possible, but no later than within 14 days after the withdrawal — provided the product has already been received back or clear proof of the complete return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for the following products, provided this was clearly stated before the contract was concluded:
Products manufactured according to customer specifications.
Products that are clearly of a personal nature.
Products that cannot be returned due to their nature.
Products that can spoil or age quickly.
Products whose price is subject to fluctuations on the financial market beyond the entrepreneur’s control.
Sealed audio or video recordings or computer software where the consumer has broken the seal.
Sealed hygiene products where the consumer has broken the seal.
The right of withdrawal may also be excluded for the following services:
Services related to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period.
Services that have been started at the express request of the consumer before the withdrawal period expires.
Services related to betting and lotteries.
Article 9 – The Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Price increases within 3 months after the contract is concluded are only permitted if they are based on legal regulations or provisions.
Price increases more than 3 months after the contract is concluded are only permitted if the entrepreneur has agreed to this and either they are based on legal regulations or the consumer has the right to terminate the contract effective on the day the price increase takes effect.
Since the goods are shipped from a country outside the EU, import VAT and/or customs clearance fees may be charged to the recipient by the postal or courier service upon receipt. Zoralia does not charge VAT on orders.
All prices are subject to printing and typographical errors. No liability is assumed for the consequences of printing and typographical errors. In the event of a pricing error, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products comply with the contract, the specifications stated in the offer, reasonable requirements for reliability and usability, as well as the legal provisions and regulations applicable at the time the contract was concluded.
Defects or incorrectly delivered products must be reported to the entrepreneur within 100 days must be reported in writing after delivery. Products must be returned in their original packaging and in new condition.
The warranty does not apply if:
The consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties.
The products have been exposed to abnormal conditions or handled contrary to the entrepreneur’s instructions or packaging instructions.
The defect is wholly or partly due to legal regulations issued or to be issued by the government regarding the type or quality of materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when accepting and processing product orders.
The delivery location is the address the consumer has provided to the entrepreneur.
Accepted orders will be processed as soon as possible, but no later than within 30 days executed, unless the consumer has agreed to a longer delivery period. In case of delivery delays or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and claim any compensation.
In the event of termination, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If the delivery of an ordered product is impossible, the entrepreneur will make efforts to provide a suitable replacement item. This will be clearly communicated at the latest upon delivery. The right of withdrawal applies to replacement items, and any return costs are borne by the entrepreneur.
The risk of damage and/or loss of the products lies with the entrepreneur until the time of delivery to the consumer, unless expressly agreed otherwise.
Article 12 – Continuous obligations: Duration, termination, and extension
Termination
The consumer can terminate an open-ended contract at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term contract at the end of the term, observing the agreed termination rules and a notice period of no more than one month.
The consumer can at any time:
Terminate with the same notice period that the entrepreneur has set for themselves.
Terminate the contract in the same way it was concluded.
Extension
A fixed-term contract for the regular delivery of products must not be tacitly extended for another fixed term.
A contract may only be tacitly extended indefinitely if the consumer can terminate it at any time with a notice period of no more than one month.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer are due within 7 working days to be paid after the start of the withdrawal period. For a service contract, this period begins after the consumer has received the contract confirmation.
The consumer is obliged to report any inaccuracies in the provided payment data to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur — subject to legal restrictions — has the right to charge the consumer reasonable, pre-notified costs.
Article 14 – Complaint Procedure
Complaints about contract performance must be submitted to the entrepreneur within 7 days, after the consumer has identified the defects and presented them fully and clearly.
Complaints submitted to the entrepreneur will be answered within 14 days answered upon receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint cannot be resolved amicably, a dispute arises that is subject to the applicable dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If a complaint is acknowledged as justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
These General Terms and Conditions and all contracts between the entrepreneur and the consumer are subject to German law. Disputes that cannot be resolved amicably may be submitted to the competent German courts or a recognized alternative dispute resolution (ADR) procedure.
Consumers in Germany retain all legal rights granted to them under German consumer protection law, including the Civil Code (BGB) and the relevant EU consumer directives.
Article 16 – Payment Data & Compliance
In accordance with applicable payment service regulations, payment service providers may be required to report transaction data to the relevant tax authorities. By placing an order with Zoralia, the consumer confirms that their payment data may be processed in accordance with these legal obligations.