Terms & Conditions
1. Scope of application
1.1 These provisions shall apply to all offers, contracts, performances of assignments and deliveries by ZZap, the trading name for our partnership and from hereinafter to be referred to as the Supplier.
1.2 The supplier will not be legally bound by any images and descriptions in offers, prospectuses, catalogues, size and weight specification tables and promotional material or by any other facts provided by the supplier.
1.3 The supplier shall not be legally bound by assignments, orders and changes unless the supplier has expressly accepted them. The supplier is entitled to refuse an assignment without stating reasons and is not liable for direct or indirect damage, which arises and/or may arise from this refusal.
2.1 Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.
3.1 The Supplier shall deliver all goods ordered by the purchaser or send them for delivery to the places agreed upon and in the manner stated in the order details or agreed upon afterwards, at the risk of the purchaser unless otherwise agreed upon. All facilities during the delivery of the goods/services will be considered to be provided at the purchaser’s risk.
3.2 The Supplier shall decide the manner in which goods will be transported.
3.3 Goods to be transported shall not be insured unless agreed upon otherwise in writing, in which case, the costs of insurance shall be borne by the purchaser.
3.4 If goods cannot be transported for reasons independent of the Supplier's volition, the Supplier is entitled to store the goods at the risk and expense of the purchaser without prejudice to the Supplier’s right to claim payment of the purchase price.
4. Complaints and money-back guarantee
4.1 Processed and/or resold goods will be considered to have been approved, without any other right of recovery accruing to the purchaser.
4.2 Complaints shall not affect the purchaser's payment obligations.
4.3 Items may be returned if the purchaser has notified us within 14 days of receiving the item, Items must be in as new and re-saleable condition with all it’s packaging and contents. Return Instructions made to the purchaser by the supplier, must be followed. Only when the supplier receives the product, will the supplier refund the purchase sum minus the delivery charge that was incurred by the purchaser at the formation of the contract.
4.4 The buyer is responsible for all return postage & packaging costs.
5. Force majeure
5.1 Force majeure shall be considered as all circumstances of such a nature that performance of the contact cannot be reasonably be required. Such circumstances shall be understood as: whole or partial failure to perform by a third party from whom goods and/or services should have been received, restrictive government regulations of any nature whatsoever, mobilisation, war, epidemics, strikes, sit-down strikes, employee illness, operational failure, fire, seizure, defective machinery, transport difficulties, and furthermore any other circumstance which the Supplier could not reasonably have anticipated and upon which the Supplier cannot exert influence.
5.2 If, as a result of force majeure, the Supplier is unable or only partly able to fulfil his obligations, he is entitled to suspend the contract with the purchaser in part or in whole without judicial intervention, or if such a suspension has lasted five months, to dissolve the contract by registered letter. In that case, the obligations arising from the contract shall end, without the parties being able to claim compensation or any other performance from each other. If the Supplier fulfils part of his obligation, the purchaser will owe a reasonable part of the total price.
6.1 All invoices shall be paid by the purchaser in accordance with the payment conditions stated on the invoice. If there are no specific conditions, the purchaser shall pay within ten days after the invoice date, any time after this date the supplier has the option to revoke the invoice/offer.
6.2 If the purchaser does not fulfil any obligation arising from the contract or does not fulfil it in time, arranges a debt settlement with creditors, requests a suspension of payments or undergoes a similar procedure, is in a state of bankruptcy, closes or transfers his company or, casu quo, dissolves it, or if attachments are made of his assets, any claim from the Supplier towards the purchaser shall be immediately and fully due and payable. The Supplier shall then also be entitled to dissolve the contract without further notice of default or judicial intervention and to take back goods that have been delivered but not paid for or to suspend implementation of the contract, all this without prejudice to the right to compensation.
7. Guarantee on delivered goods
7.1 The Supplier guarantees that goods they deliver will work properly for 18 months. Properly is to say that the goods will possess the qualities that may be expected on the basis of the contract throughout this period. If a delivered good shows a defect during this period, the guarantee entitles the purchaser to have the good repaired. The Supplier may choose to replace the good or to refund the purchase price instead of repairing it if they consider that repair cannot be required.
7.2 The original commencement date of the guarantee period shall continue to apply to a good that has been repaired or replaced. A new 18 month guarantee period shall therefore not commence for a repaired or replaced good.
7.3 Errors and defects shall not fall under the guarantee referred to in the first paragraph if they are wholly or partially the result of:
- incorrect, careless or inexpert use or non-observance of the user or maintenance instructions;
- use in a different manner than the normal use envisaged;
- external causes, such as fire or water damage;
- assembly, installation or the undoing thereof by anyone other than the Supplier.
7.4 The guarantee referred to in the first paragraph shall expire in full if the purchaser does not fulfill their obligations towards the Supplier fully and in good time or if the purchaser repairs the good himself or allows it to be repaired or mended by a third party.
7.5 The Supplier shall charge all work and costs connected to repair that fall outside the framework of this guarantee according to his customary rates.
8. Returned goods
8.1 The Supplier is not bound to accept returned goods from the purchaser unless they have given prior written consent. Accepting returned goods does not in any case mean that the Supplier acknowledges the grounds stated by the purchaser for returning the goods. The risk of goods returned will remain with the purchaser until the Supplier has credited them.
9. Confidential information/privacy
Each party shall take all reasonable measures to maintain the secrecy of information of a confidential nature received from the other party.
10. Applicable law
The obligations between the Supplier and purchaser are exclusively governed by English law.