terms and conditions
In this document you will find the General Terms and Conditions of Zamalia Experience. In the first instance, Zamalia Experience rejects all General Terms and Conditions of other Parties, unless stated otherwise in the Agreement or in these General Terms and Conditions.
You cannot derive any rights other than those stated in these General Terms and Conditions.
1. Company information
Seller is located at Staalstraat 26 in Amsterdam, zip code 1011 JM.
Zamalia Experience is registered with the Chamber of Commerce under Zamalia Experience with Kvk number 80383270.
Do you have any questions about our Terms and Conditions? Then you can reach us with the information below:
1011 JM Amsterdam
Chamber of Commerce Number: 80383270
email: [email protected]
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Seller: Zamalia Experience, as shown in Article 1;
- Consumer: any natural person who purchases a product from Seller, a natural person also includes: ‘anyone who purchases a product, not acting on the basis of a profession or company’;
- Product: goods as indicated on the website or in the physical location of Seller, intended for sale. This includes CBD products;
- Shop: the physical sales space of the Seller, where Products are offered and sold by Seller;
- Website: the Seller’s digital sales space, https://zamalia-experience.com/.
- Agreement: any agreement between the Seller and the Consumer, regardless of how it is concluded;
- Parties: Seller and Consumer referred to jointly;
- Written communication: all communication that does not take place verbally, so digital communication also applies under this formulation.
- The General Terms and Conditions of the Seller apply to every Agreement between the Seller and the Consumer. The General Conditions of the Seller do not apply only when explicitly agreed upon in writing by the Parties.
- If there is any deviation from one or more provisions of these General Terms and Conditions, the other provisions will continue to apply.
- Amendments to these General Terms and Conditions agreed to in writing only apply to the cases specified in that specific Agreement.
- The General Terms and Conditions do not need to be expressly agreed upon again after the first time, but are deemed to have been tacitly accepted. This applies to all further Agreements between Seller and Consumer.
- The Agreement entails the purchase or sale of a Product, in relation to CBD, between the Parties, offered by the Seller.
- The Agreement is concluded by means of offer and acceptance ex. article 6:217 BW.
- The offer consists of Products as shown on the website or in the Seller’s Shop.
- The offer in the Shop and the Website can reasonably differ from each other. You cannot derive any rights from such a difference.
- If the Consumer decides to purchase a Product offered by the Seller, the purchase is deemed to be the acceptance of the Agreement.
- Ownership of the Product will pass to the Consumer when the full amount has been paid in the Seller’s Shop or, if the Product has been purchased through the Website when the Product is delivered and reasonably in the possession of the Consumer or a third party designated by the Consumer.
- Prices for Products are as shown on the website or in the Seller’s Shop and include VAT.
- Consumer must be at least 18 years old to be able to purchase a Product.
- Before entering the Website, the Consumer must declare that he is of the minimum age of 18 years.
- When entering the Store, persons under the age of 18 must be accompanied by an adult.
- Before purchasing a Product in the Store, the Seller is entitled to request and view proof of the age of majority.
- If the proof requested in article 4 paragraph 11 is refused, the Seller will refuse to conclude the Agreement and/or hand over the Product to the Consumer.
- The Parties are under no circumstances free to unilaterally amend the Agreement or parts of the Agreement.
- The Seller never gives any form of guarantees regarding the operation of the Product.
- The Consumer pays the full purchase amount before the Product purchased via the Website is shipped.
- The purchase amount must be paid in full in the manner indicated on the website before the Product is shipped.
- The costs for shipping are at the expense of the Consumer. The chipping costs must be paid at the same time as the product(s) combined with the purchase price.
- The amount of the shipping costs is indicated during the ordering process. The consumer chooses the method of shipment.
- Shipment and delivery always take place to/at the address indicated by the Consumer. The seller cannot be held liable for (financial) damage caused by incorrect address details. The consumer is always responsible for providing the correct information.
6. Returns website
- If a Product has been purchased via the Seller’s website, the Consumer has the right to return the Product within a period of 14 days, without stating the reasons.
- Returns must be made to the address indicated on the website or, if available, on the return form.
- The Product must be returned unopened and unused in its original packaging. If this is not the case, there is a chance that the right to a refund will lapse.
- Costs for return are at the expense of the Consumer, unless the Seller makes an exception to this. This exception is only valid if the Seller confirms it in writing.
- Evaluation of the returned Product is on the Seller’s side.
- If upon return, the Product is found to be damaged or deviates in any way from the original shipped Product, the right to reimbursement of the purchase amount lapses, unless damage or deviations are the original reason for return.
- If a Product shows any form of defects upon delivery, the Consumer must contact the Seller. The seller offers a suitable solution for the defect.
- The assessment of whether a solution is suitable for the defect is on the side of the Seller.
- Any defect must be made known to the Seller before the start of the return.
- Defects must be reported in writing (read e-mail) as carefully as possible and where possible accompanied by a photo of the defective Product.
7. Returns Shop
- A Product purchased in the Seller’s Shop can only be returned if the Product packaging is unopened and the original proof of purchase is present.
- Products that are returned damaged will not be accepted for return. Unless the damage is reasonably attributable to the Seller.
- If the Consumer returns a Product in the Store, without the Product showing any form of defects, the Seller is free to issue a voucher to the Consumer instead of a cash amount.
- If the Product shows defects that are reasonably attributable to the Seller, the Consumer will receive the full purchase amount back.
- If desired, the Seller can make a corresponding Product available to the Consumer to compensate for any defect.
- In the case of a defective Product, the Consumer must give the Seller a reasonable period to repair the defect. This period is at least 14 days.
- Any liability, both contractual and extra-contractual (except for liability as a result of intent or gross negligence) of the Seller and – if this occurs arose from its directors and employees, is limited to the amount paid at the time of purchase of the Product.
- If the Seller should be liable, this liability is limited to what is regulated in this provision.
- If the Seller is liable, this liability is limited to the amount specified in the Seller’s professional and/or business liability insurance policy.
- The Seller is not liable for damage, of whatever nature, caused by the fact that the Seller has relied on incorrect and/or incomplete information provided by or on behalf of the Consumer.
- The seller is only liable for direct damage.
- Direct damage is exclusively understood to mean the reasonable costs incurred to determine 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 ensure the Seller’s defective performance, to have the Agreement answered, insofar as these can be attributed to the Seller and reasonable costs incurred to prevent or limit damage, insofar as the Consumer demonstrates that these costs have led to a limitation of direct damage as referred to in these General Terms and Conditions.
- The seller is never liable for indirect damage.
- Under no circumstances is the Seller liable for guarantees and securities given by third parties or (personnel of) the Seller.
- The Seller is not liable for any form of damage suffered by the Consumer, any other (legal) person or third party as a result improper use of the Product. Proper use of the Product is the Consumer’s own responsibility.
- The use of a Product by the Consumer is always at your own risk. The Seller is never liable for any (measurable) results, side effects and/or disorders that are the result of careless research into and/or use of a Product offered by the Seller.
- 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 the Seller.
- The Seller is not liable for direct or indirect damage caused by a third party/carrier of the Seller, which is not directly employed by the Seller.
9. Complaints Policy
- Consumer must report any form of complaints or comments within a reasonable period of time after discovery of a defective Product. The term for reporting is in any case 7 days after discovery of the defect. In this context, the period starts to run from the moment that the Consumer discovers or should reasonably have discovered the defect.
- After notification of the complaint, the seller will contact you within 7 days to discuss the complaint and further steps to be taken.
- Consumer must always give Seller the opportunity to repair the defect. A reasonable term will be set between the Parties for each defect. If a report consists of several defects, an appropriate period for repair will be determined for each defect.
- Assessment of the form of work carried out to repair the defect is always on the part of the Seller.
10. Privacy and consumer data
The seller will at all times comply with the General Data Protection Regulation and/or related laws and regulations.
11. Force majeure
- The Seller is not liable for damage as a result of circumstances that could not be foreseen by the Seller at the time of entering into the Agreement. Such circumstances include: lack of raw materials, factory failure of any kind, strike’s, exclusion or lack of employees, quarantine, epidemics, pandemics, natural disasters, mobilization, martial law, state of war or war, traffic congestion at railways or lack of means of transport, traffic blockages, illness regardless of the reason or cause thereof or other unforeseen circumstances that were not known at the time of entering into the Agreement.
- In case of force majeure, the Seller has the right to suspend or dissolve the fulfillment of the Agreement. This does not create a right to a refund.
- If the Seller later performs a temporarily suspended part of the Agreement, the Consumer will owe the entire agreed consideration without any form of discount.
If and insofar as any provisions of the Agreement and General Terms and Conditions cannot be invoked on the grounds of reasonableness and fairness or the unreasonably onerous nature, the relevant provision in terms of content and purpose will in any case have as much corresponding meaning as possible, so that an appeal can be made.
13. Legal effect
If it is expressly or tacitly intended that provisions in these General Terms and Conditions remain in force after the Agreement, they will remain in force after termination of the Agreement between the Parties.
14. Conflicting Clauses
If the General Terms and Conditions and the Agreement contain conflicting provisions, the provisions as included in the Agreement concluded between the Parties shall apply. This only applies if it contains an explicit Order Confirmation. In any other case, the provisions as included in these General Terms and Conditions apply.
15. Non-compliance with Terms and Conditions
If the Consumer does not comply with the provisions of these General Terms and Conditions, the Seller has the right to refuse to perform further Services for the Consumer.
16. Governing Law
Dutch law applies to all Agreements between Consumer and Seller, as well as these General Terms and Conditions.
17. Choice of forum
The Amsterdam District Court, located in Amsterdam (civil affairs chamber/canton) has jurisdiction to hear disputes. Nevertheless, the Seller has the right to submit the dispute to the competent court according to the law.
Do you have any questions regarding our Terms and Conditions?
Please feel free to contact us using the details below.
1011 JM Amsterdam
email: [email protected]
Chamber of Commerce Number (KvK): 80383270