TERMS AND CONDITIONS
TERMS OF SALE
The following terms and conditions (“the Terms of Sale”) set out the basis on which you can visit and use www.zusto.com (the “Website”).
Please read them carefully as they contain important information.
- General Provisions
1.1. You are a natural person and wish to visit or use the Website for purposes that do not fall within the scope of a commercial, industrial, artistic or professional activity.
1.2. The Website is owned by the limited company Zùsto NV (hereinafter “Zùsto”), trading under the name “Zùsto”, entered in the Crossroads Enterprise Database in Belgium under number 0656.824.810, having its registered office at Schaliënhoevedreef 20T 2800 Mechelen, and intracommunity VAT number BE0656.824.810. Should you have any questions about the Terms of Sale or the Website, please e-mail email@example.com.
1.3. By accessing this Website and/or placing an order you agree to consult and accept in full the Terms of Sale, which include Zusto’s privacy and cookies policy. If you do not agree to be bound by these Terms of Sale you may not use or access this Website. If you do use the Website, your conduct indicates that you agree to be bound by these Terms of Sale.
1.4. Zùsto reserves the right to amend these Terms of Sale from time to time. Any such changes will take effect when posted on the Website. These Terms of Sale may under no circumstances be amended by you. The version of these Terms of Sale in force is that available on the Website at the time an order is placed by you.
1.5. If one or more provisions of these Terms of Sale are rendered invalid further to a Belgian statutory provision or a judicial decision, the remaining provisions shall remain in full force and effect.
- Order process
2.1. In order to be able to validly place an order on the Website, you must be at least 18 years of age and have legal capacity or, if you are not at least 18 years of age, have parental authorisation to place an order on the Website. You thus declares that you have the necessary capacity to enter into a contract. Zùsto reserves the right to request that you prove your age or parental authorisation and not to honour you order if you fail to provide proof to this effect.
Any information provided to Zùsto via the Website, necessary for delivery and billing of the Product(s) displayed on the Website, must be accurate and complete. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use In the event of an error in the our contact details, Zùsto may not be held responsible should it prove impossible to deliver the Product(s) ordered. Zùsto reserves the right to refuse or cancel an order (with a refund) which it suspects does not meet the abovementioned conditions, without incurring any liability in this regard.
2.2. Orders may be placed in French, Dutch or English.
2.3. When an order is placed, you will be taken through a secure checkout process. An order is completed by clicking “Place Order” on the final page of the checkout process.
2.4. You expressly acknowledge that the placement of an order entails a payment obligation.
2.5. Once payment is made (see Article 6 below), you shall receive an email from Zùsto acknowledging receipt of the order and summarising it. This message shall be sent to the email address provided by you. The order is also recorded by Zùsto.
3.1. The ZÙSTO products or any other product offered for sale by Zùsto (hereinafter the “Product(s)”) are those presented on the Website on the date of consultation of the Website by you. Zùsto takes great care to ensure that the Products displayed on the Website are presented and described as accurately as possible. However, photographs and descriptions of the Products are indicative only and not contractually binding. Zùsto is not responsible for any errors or omissions in any presentation of the Products.
4.1. Zùsto shall fill orders placed by you while supplies last and shall use its best efforts to ensure the availability in stock of the Products offered for sale on the Website.
4.2. Should one or more Products ordered by you be temporarily or permanently unavailable, despite Zùsto’s best efforts, or if the delivery time exceeds by more than eight (8) days than initially indicated (except in the event of force majeure), Zùsto shall inform you accordingly by email.
4.3. You will then have the possibility to amend or cancel the order by sending an email to firstname.lastname@example.org within fifteen (15) working days after being informed of the delay by Zùsto. If applicable, Zùsto undertakes to refund any payment already made in relation to the amended or canceled order as soon as possible and in any case no later than fifteen (15) days from the date of modification or cancelation of the order. No additional amounts shall be paid by Zùsto.
5.1. The prices for the Products indicated on the Website are expressed in euros (€) for deliveries in Europe and include all taxes. However, they do not include delivery fees or any possible import duties which may not be reasonably calculated in advance within the meaning of Article VI.45.5 of the Belgian Code of Economic Law. 5.2. Zùsto reserves the right to modify the prices displayed on the Website from time to time. The prices applicable to your order are those indicated on the Website at the time of validation of the order.
5.3. Promotions and rebates, if any, shall be applied to the your order if you meet the eligibility criteria and correctly enter the promotional codes(s).
5.4. Delivery fees will depend on the place to which the Product(s) are sent. They are calculated automatically and expressly indicated in the order summary, prior to payment.
5.5. In the event of withdrawal, the fees to return the Product(s) shall be borne by you (see Article 10 below).
6.1. The Website allows secure payments to be made by Visa, Mastercard, iDeal, SOFORT, Bancontact and/or Maestro.
6.2. You warrant to Zùsto that you are entitled to use the bank card used to make the payment.
6.3. If you wish to pay with a foreign credit or debit card, the card must be authorised for international transactions. Any commission or cost associated with payment for which you are billed shall be borne by you.
6.4. No banking information is stored on the server, and Zùsto does not have access to your bank details: payments are made through an external platform, Hipay, which guarantees a heightened level of security for transactions performed via the Website.
6.5. The total amount to be paid for the order is indicated on the web page summarising your “shopping basket”, i.e. all items that make up the order. Before proceeding with payment you thus have the possibility to verify online the details of your order and the total price and to correct any possible errors that you could have made when placing the order.
6.6. Once payment is made, the order is validated and becomes final, without prejudice to the right of withdrawal provided for by Article 10 below.
6.7. You expressly accept and acknowledge that the provision of your bank details (full name, card number, expiration date and CVC number) are equivalent to an authorisation to debit your account up to the total amount due for the order.
6.8. In principle, your account is only debited when the order is dispatched to you, in order to avoid that you are charged for a Product that is not immediately available.
- Title to the Products
7.1. Zùsto retains title in full to the Products until the receipt of payment in full of all invoices, including fees and taxes.
8.1. The order shall be shipped to the delivery address indicated by you when placing the order via the Website.
8.2. If delivery cannot take place or if you refuse delivery, the package shall be returned to Zùsto, and you shall be refunded within fifteen (15) days from receipt of the package by Zùsto.
8.3. Zùsto may not be held liable for the proper performance by external carriers of their obligations, without prejudice to any rights you may have in their regard (within the meaning of Article VI.44 of the Belgian Code of Economic Law).
8.4. If the direct liability of Zùsto is raised, Zùsto may be released from said liability, in whole or in part, by producing proof that the breach or improper performance of the contract is attributable to you or to an unforeseeable and unavoidable act by a third party to the contract or to an event of force majeure.
- Delivery times
9.1. Upon receipt of payment for the order, Zùsto shall do the necessary to process it and ship the Product(s) ordered as soon as possible.
9.2. Delivery times may vary depending on the country of delivery selected by you and the time at which the order is placed. Overall, delivery times shall not – except in exceptional cases – exceed eight (8) days from the day after which an order is paid for by you and received by Zùsto, from Monday to Friday before 17.00.
- Right of withdrawal: returns
10.1. You benefit from a statutory withdrawal (retraction) period of fourteen (14) clear days from the date on which you (or a third party designated by you, other than the carrier) takes physical possession of the Product(s) ordered via the Website, without having to justify this decision. Products purchased directly from distributors, retailers or other websites other than the Website may under no circumstances be returned directly to Zùsto.
10.2. To obtain a refund for a returned Product, you must, prior to expiry of the fourteen-day withdrawal period, inform Zùsto of your decision to retract the order and return the Product(s) together with a copy of the documents sent to you together with the products at the indicated return addres.
10.3. The Product(s) must be returned in their original condition and packaging and any fees to return the Product(s) shall be borne in full by you.
10.4. Zùsto shall acknowledge receipt of the returned Product(s) and refund any payments received from you. The returned Product(s) shall be refunded by wire transfer to the bank account debited to place the order within a period of no more than fourteen (14) days following the effective return of the Product(s).
10.5. If the returned Product(s) is/are not received by Zùsto and without proof of proper distribution by a postal service, the Product(s) shall not be refunded or exchanged and Zùsto may not be held liable.
10.6. Product(s) received by Zùsto that are not returned in accordance with the abovementioned procedures shall not be refunded by Zùsto.
10.7. You bear all risk associated with return of the roduct(s).
- Delivery mistakes
11.1. Should you exceptionally receive from Zùsto a Product that does not correspond to the order, you should contact Zùsto at email@example.com as soon as possible, and in any case within fourteen (14) days following receipt of the order. Zùsto shall then confirm noncompliance of the delivery with the order and indicate the return procedure, which shall be at Zùsto’s expense.
11.2. IMPORTANT: For returns/exchanges originating from countries outside the EU, you shall clearly indicate on the customs waybill that the shipment pertains to non-commercial goods without resale value, so that no customs duties will be charged to Zùsto. In the event of a return, Zùsto shall proceed likewise so that you do not have to pay customs duties twice.
12.1. All Products sold on the Website www.zusto.com benefit from the statutory guarantee of conformity and the warranty against defects provided for by the Belgian Civil Code.
12.2. To rely on these warranties, you must possess the documentation accompanying the Product(s). In the event of a defect, you are obliged to inform Zùsto as soon as possible and in any case within fifteen (15) days following discovery of the defect.
12.3. The statutory warranty does not apply to defects resulting from accidents, negligence, inappropriate use, noncompliance with the instructions for use, or in the event of modifications or adaptations to the Product(s) or any other incorrect use by you.
- Privacy and cookies
13.1. Personal data must be provided by you and are gathered by Zùsto when an order is placed. In the absence of this information, Zùsto will be unable to process your order.
13.2. In accordance with the Act of 8 December 1992 on the protection of privacy, and the general data protection regulation n° 2016/679 (“GDPR”), you have the right to access, request the rectification of, object to and request the erasure of any of your personal data held by Zùsto.
14.1. You acknowledge that the electronic communications and Website back-ups regularly made by Zùsto may be used to establish proof of a transaction between you and Zùsto.
- Force majeure
15.1. Zùsto may not be held liable for noncompliance in whole or in part with these Terms of Sale should an event of force majeure arise such as (but not limited to) problems with the customs authorities, strikes, bankruptcy of third parties on which Zùsto relies, non-delivery or late delivery of goods by external suppliers of Zùsto, or the imposition of trade restrictions or new regulations.
- Applicable law and jurisdiction
16.1. These Terms of Sale are governed by Belgian law, regardless of the country of delivery, without prejudice to mandatory rules of law in your country of residence.
16.2. Before taking legal action, the Parties should try to settle their disagreement. If it is not possible to reach a settlement, any dispute relating to the interpretation and/or performance of these Terms of Sale shall be submitted to the competent courts determined pursuant to Regulation (EU) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
16.3. The Parties may also file a complaint online with the European Commission’s dispute resolution platform at https://ec.europa.eu/consumers/odr/