Terms and Conditions

General terms and conditions ZeroDrops.nl

Article 1 - Definitions

In these conditions the following definitions apply:

Ropetech.nl : Also trading under the name ZeroDrops.nl, established in Veenendaal under Chamber of Commerce number 58964959, VAT identification number: NL002286044B56.
Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers and companies;
Customer : the person with whom ZeroDrops.nl has entered into an agreement.
Client: Private person or entrepreneur who places an order for the delivery of products or services.
Parties : ZeroDrops.nl and customer or client together.
Consumer : a customer who is also an individual and who acts as a private person.

Reflection period : the period within which the consumer can exercise his right of withdrawal;
Day : calendar day;
Duration 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 that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
Model form : the model form for withdrawal that the entrepreneur makes available that a consumer can complete when he wants to exercise his right of withdrawal.
Distance agreement : an agreement in which, 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 agreement;
Distance communication technology : means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.

Article 2 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded. As well as activities, orders, agreements and deliveries of services or products by or on behalf of ZeroDrops.nl.
2. Parties may only deviate from these conditions if they have expressly agreed to this in writing.
   The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
3. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as soon as possible upon request.
4. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
6. Each offer contains such information that it is clear to the customer what the rights and obligations are associated with acceptance of the offer. This concerns in particular:

• • • the price including taxes;
    • 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 acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
    • 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 a long-term transaction.

Article 5 - Prices

1. All prices charged by ZeroDrops.nl are in euros, exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. ZeroDrops.nl may change all prices on ZeroDrops.nl for its products or services, on its website or otherwise announced, at any time.
3. Increases in the cost prices of products or parts thereof, which ZeroDrops.nl could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.
5. The price relating to a service is determined by ZeroDrops.nl.
6. The price is calculated according to ZeroDrops.nl's usual hourly rates and material costs, applicable for the period in which he carries out the work, unless a different rate has been agreed.
7. If the parties have agreed on a total amount for a service provided by ZeroDrops.nl, this only concerns the work included in the quotation. Additional work may be charged, unless the parties have expressly agreed in writing on a fixed price, from which no deviations can be made.
8. ZeroDrops.nl has the right to adjust prices without prior notice. Unless otherwise agreed.
9. 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 6 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the Customer and compliance with the conditions set.
2. If the Customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer 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:
   a. The contact details of the entrepreneur to whom the consumer can go with complaints;
   b. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 7 - Payments and payment term

1. ZeroDrops.nl may require a down payment of the agreed amount when entering into the agreement.
2. The customer must make subsequent payments within 14 days after delivery of the product.
3. Payment terms are considered strict payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is legally in default and in default, without ZeroDrops.nl having to send the customer a reminder or notice of default.
4. ZeroDrops.nl reserves the right to make delivery dependent on immediate payment or to require security for the total amount of the services or products.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, ZeroDrops.nl is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. where part of a month is counted as a whole month.
2. If the customer is in default, he also owes ZeroDrops.nl extrajudicial collection costs and any compensation.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, ZeroDrops.nl may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, ZeroDrops.nl's claims on the customer are immediately due and payable.

Right of retention

1. As soon as the customer is in default, ZeroDrops.nl is entitled to invoke the right of retention with regard to the unpaid products delivered to the customer.
2. ZeroDrops.nl invokes the right of retention by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of retention, the customer must immediately return the products to which this right applies to ZeroDrops.nl, unless the parties make other agreements about this.
4. The costs for retrieving or returning the products will be borne by the customer.
5. ZeroDrops.nl is never liable for any damage that the customer may suffer as a result of using his right of retention.

Article 8 - Right of withdrawal

When delivering products:

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• • • the product has not been used
    • it is not a product that has been tailor-made or adapted especially for the consumer
    • it is not a product that cannot be returned for hygienic reasons
    • it does not concern an (order for) emergency repair
    • the product is unused and undamaged in undamaged original packaging
    • the consumer has not waived his right of withdrawal

1. The reflection period of 14 days as referred to in paragraph 1 starts:

• • • on the day after the consumer has received the product or part.
    • as soon as the consumer has received the first product with a subscription
    • as soon as the consumer has purchased a service for the first time
    • as soon as the consumer has confirmed that he is going to purchase digital content

1. The consumer can make known his right of withdrawal via Info@ZeroDrops.nl, if desired using the withdrawal form that can be downloaded from the website ZeroDrops.nl, Veiligenprofessioneelophoogte.nl, zerodrops.nl.
2. The consumer is obliged to return the product to ZeroDrops.nl within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the complete order to ZeroDrops.nl in a timely manner, ZeroDrops.nl will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time. refund.
2. The costs for delivery will only be borne by ZeroDrops.nl if the entire order is returned.

Reimbursement of return costs

1. If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order will be borne by the customer, unless a complete order is returned with a minimum value of € 750 (excluding shipping costs).
2. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences 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.
3. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. If the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 14 days of receipt of the product.  to be made known to the entrepreneur. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
5. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
6. The entrepreneur has the right to extend the return period under certain conditions.

Article 9 - Right of withdrawal of services

1. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. Withdrawal of a service provided is no longer possible.
3. To exercise his right of withdrawal, the client will comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
4. Cancellation by the client must be made in writing and dated. The client cannot derive any rights from a verbal cancellation. Cancellation can only be considered when it has been signed by the client and is in the possession of ZeroDrops.nl. In the event of postponement or cancellation by the client, he is obliged to pay ZeroDrops.nl compensation based on the following percentage:

• • • In case of cancellation no later than 1 month before the delivery date, 30% of the agreed sum.
    • In case of cancellation no later than 14 days before the delivery date, 60% of the sum.
    • In case of cancellation from 48 hours before the delivery date, 90% of the amount transferred.

1. ZeroDrops.nl is entitled to suspend the execution of a client as soon as he has well-founded fear that the client will not (be able to) fully fulfill his obligations under this or other agreements.
2. If the client postpones the order, this will be regarded as a cancellation unless a new delivery date is determined by mutual agreement with ZeroDrops.nl, on which delivery can take place and agreement has been reached regarding the new sum.
3. Any damage suffered by ZeroDrops.nl as a result of canceling the order must be reimbursed by the client.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 weeks of delivery. Products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• • The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
  • The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and/or are included in the user manual;
  • The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

Execution of the agreement

1. ZeroDrops.nl executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Although ZeroDrops.nl makes every effort to carry out all assembly and/or installation work as best as possible, it bears no responsibility for this except in the case of intent or gross negligence.
3. ZeroDrops.nl has the right to have the agreed services (partially) provided by third parties.
4. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
5. It is the customer's responsibility that ZeroDrops.nl can start the execution of the agreement in a timely manner.
6. If the customer has not ensured that ZeroDrops.nl can start the execution of the agreement on time, the resulting additional costs and/or extra hours will be borne by the customer.
7. The customer makes all information, data and documents relevant to the correct execution of the agreement available to ZeroDrops.nl in a timely manner and in the desired form and manner.
8. The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.
9. If the customer does not provide the information, data or documents reasonably required by ZeroDrops.nl, or does not do so in a timely or proper manner, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.

Delivery

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. Delivery takes place while supplies last.
3. Delivery of products ordered online takes place at the address specified by the customer.
4. If the agreed amounts are not paid or are not paid on time, ZeroDrops.nl has the right to suspend its obligations until the agreed part has been paid.
5. Late payment constitutes creditor default, with the result that the customer cannot object to ZeroDrops.nl for late delivery.
6. ZeroDrops.nl remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards ZeroDrops.nl under any agreement concluded with ZeroDrops.nl, including claims regarding failure to comply.
7. Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
8. If ZeroDrops.nl invokes its retention of title, the agreement will be deemed to have been dissolved and ZeroDrops.nl has the right to claim damages, lost profits and interest.

Delivery time

1. The delivery times stated by ZeroDrops.nl are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from ZeroDrops.nl.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless ZeroDrops.nl cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.
4. The customer must ensure that the actual delivery of the products he has ordered can take place on time.
5. Transport costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which ZeroDrops.nl cannot be held liable for possible damage.
2. If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to ZeroDrops.nl prior to transport, failing which ZeroDrops.nl cannot be held liable for any damage.

Article 12 - Duration transactions: duration, cancellation and extension

Termination

1. The consumer can enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity).  or services, cancel at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can enter into an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity).  or services, at any time towards the end of the fixed term, taking into account the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:

• • • cancel at any time and not be limited to cancellation at a certain time or in a certain period;
    • at least cancel in the same manner as they were entered into by him;
    • always cancel with the same notice period as the entrepreneur has agreed for himself.
    • Extension

1. An agreement for certain  time has been entered into and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.
2. n derogation from the previous paragraph, an agreement may be concluded for certain  time  has been entered into and which extends to the regular delivery of daily, news and weekly newspapers and magazines can be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
3. 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 cancel 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, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription)  is not tacitly continued and ends automatically after the trial or introductory period.
   
   Duration
5. 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 - Intellectual property

1. ZeroDrops.nl retains all intellectual property rights including but not limited to; copyright, trademark law, designs, drawings and models law, techniques, instruments, syllabi and training materials, including software, that are used for the execution of the assignment or are included in the advice or research results.
2. The customer may not copy, show and/or make available to third parties or use in any other way the aforementioned intellectual property rights without prior written permission from ZeroDrops.nl.

confidentiality

1. The customer keeps all information (in whatever form) he receives from ZeroDrops.nl confidential.
2. The same applies to all other information regarding ZeroDrops.nl of which the customer knows or can reasonably suspect to be secret or confidential, or of which he can expect that its distribution could damage ZeroDrops.nl.
3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
4. The obligation of confidentiality described in this article does not apply to information:

• • • which was already public before the customer learned this information or which subsequently became public without this being the result of a breach of the customer's confidentiality obligation
    • that is made public by the customer on the basis of a legal obligation

1. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Penalty clause

1. If the other party violates the article of these general terms and conditions regarding confidentiality or intellectual property, it will forfeit an immediately payable fine for each violation for the benefit of the trade name.

• If the other party is a consumer, this fine is € 2,500
• If the other party is a legal entity, this fine is €10,000

1. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
2. No prior notice of default or legal proceedings are required to forfeit this fine. There also does not have to be any form of damage.
3. Forfeiting the fine referred to in the first paragraph of this article does not affect the other rights of ZeroDrops.nl, including its right to claim damages in addition to the fine.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably 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 answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. In the event of complaints that cannot be resolved by mutual agreement, the consumer has the option to have his complaint handled by Stichting GeschilOnline (www.geschilonline.com), the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the customer, consumer or client lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Indemnity

Consumers, customers and clients indemnify ZeroDrops.nl against all claims from third parties related to the products and/or services supplied by ZeroDrops.nl.