Terms of service
ZenVox Limited
FLAT B01, 2/F, KIN TAK FUNG IND BUILDING
174 WAI YIP STREET
KWUN TONG
HONG KONG
ARTICLE 1 – DEFINITIONS
In these General Terms and Conditions, the following definitions apply:
Reflection period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
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ARTICLE 3 – APPLICABILITY
These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, 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 electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge to the consumer upon request, either electronically or otherwise.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting General Terms and Conditions.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the agreement and these General Terms and Conditions shall otherwise remain in force and the relevant provision shall be replaced without delay by a provision that approaches the intent of the original as closely as possible.
Situations that are not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted “in the spirit” of these General Terms and Conditions.
ARTICLE 4 – THE OFFER
If an offer has a limited period of validity or is subject to conditions, this will be expressly 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 sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services with regard to imports. This scheme applies when the goods are imported into the destination country of the Union, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the charged customs clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer can check the data provided by them in the context of the agreement before concluding the agreement and, if desired, restore it;
any other languages in which the agreement may be concluded, besides Dutch;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an ongoing transaction. Optional: available sizes, colors, type of materials.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as 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 shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within the legal framework, investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, they are entitled to refuse an order or request with reasons or attach special conditions to execution.
The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer prior to execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 30 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the goods. The consumer must make this known by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not indicated that they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the webshop owner or conclusive proof of complete return can be submitted.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
For items on sale, clearance, or promotion, Decotik does not offer an exchange or refund option. This also applies if you make a purchase through our bundles
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer’s specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer;
- for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
- accommodation, transport, restaurant or leisure activities to be provided on a specific date or during a specific period;
- the delivery of which has begun with the express consent of the consumer before the expiry of the reflection period;
- regarding betting and lotteries.
ARTICLE 9 – THE PRICE
During the validity period stated in the offer, the prices of the products and/or services offered shall 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 on the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The place of delivery is determined on the basis of Article 5 paragraph 1 of the Turnover Tax Act of 1968 in the country where the transport begins. In the present case, this delivery takes place outside the EU. Subsequently, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10 – CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer or for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
the deficiency is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these General Terms and Conditions, the company shall execute accepted orders promptly, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall receive notification thereof no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – ONGOING TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs at any time and is not limited to termination at a specific time or during a specific period;
terminate at least in the same manner as they were entered into;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, provided that the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular delivery of daily, news and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute settlement.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, replace or repair the delivered products free of charge.
ARTICLE 15 – DISPUTES
Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
ARTICLE 16 – SMS MARKETING
By consenting to SMS marketing from Decotic at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including reminders for abandoned checkouts), SMS marketing offers and transactional texts, including requests for reviews from us, even if your mobile number is registered on a state or federal Do Not Call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative methods of opting out, such as using different words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all costs and fees charged by your mobile provider for text messages. Message and data rates may apply.
For questions, please text HELP to the number from which you received the messages. You can also contact us at https://www.decotik.de/pages/kontakt for further information.
We reserve the right to change the phone numbers or short codes we use to operate the service at any time. You will be notified in such cases. You agree that messages sent to a changed phone number or short code, including STOP or HELP requests, may not be received, and we are not liable for honoring requests made in such messages.
To the extent permitted by law, you agree that we are not liable for failed, delayed or misdirected delivery of information sent through the service, for errors in such information and/or for any actions you may take or fail to take in reliance on the information or the service.
Your right to privacy is important to us. In our Privacy Policy you can read how we collect and use your personal data.