Terms and Conditions

General terms and conditions ZeroDrops.nl

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

Ropetech BV : Also trading under the name ZeroDrops.nl, established in Veenendaal under Chamber of Commerce number 88941019 , VAT identification number: NL864830609B01 .
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 individual 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 make use of 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 medium : any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
Model form : the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.
General Terms and Conditions : these 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 work, orders, agreements and deliveries of services or products by or on behalf of ZeroDrops.nl.
2. Parties may only deviate from these terms and 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, it will be indicated before the distance contract is concluded 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 may be made available to the consumer electronically in such a way that the consumer can easily store them 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 electronically or otherwise at the consumer's request.
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 agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by 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 explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust 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 the customer to properly assess the offer. 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.
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. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
6. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the 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 the actions 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;
    • whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
    • the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
    • the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of a continuous transaction.

Article 5 - Prices

1. All prices used by ZeroDrops.nl are in euros, are 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 otherwise agreed.
2. ZeroDrops.nl may change all prices for its products or services on its website or otherwise made known at any time.
3. Increases in the cost prices of products or parts thereof, which ZeroDrops.nl could not foresee 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 statutory regulation.
5. The price relating to a service is determined by ZeroDrops.nl.
6. The price is calculated according to the usual hourly rates and material costs of ZeroDrops.nl, 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 deviation is possible.
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. Subject to the provisions of paragraph 4, the agreement is concluded at the time the Customer accepts the offer and meets the conditions set therein.
2. If the Customer has accepted the offer electronically, the entrepreneur will 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 can dissolve 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 will ensure a secure web environment. If the Customer can pay electronically, the entrepreneur will take appropriate security measures to that end.
4. The entrepreneur may - 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 the entrepreneur, based on this investigation, has good reasons not to enter into the contract, 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 the consumer can store it in an accessible manner on a durable data carrier:
   a. The contact details of the entrepreneur where 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. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 7 - Payments and payment terms

1. ZeroDrops.nl may request a down payment of the agreed amount when entering into the agreement.
2. The customer must have made subsequent payments within 14 days after delivery of the product.
3. Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term, he is legally in default and in breach, without ZeroDrops.nl having to send the customer a reminder or put him in default.
4. ZeroDrops.nl reserves the right to make a delivery dependent on immediate payment or to demand 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, whereby a part of a month is counted as a whole month.
2. If the customer is in default, he is also liable to pay extrajudicial collection costs and any damages to ZeroDrops.nl.
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 fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, attachment 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 notice.
3. Once the customer has been informed of the invoked right of retention, the customer must immediately return the products to which this right relates to ZeroDrops.nl, unless the parties make other arrangements about this.
4. The costs of 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 exercising his right of retention.

Article 8 - Right of withdrawal

Upon delivery of products:

1. A consumer can cancel an online purchase within a reflection period of 14 days without giving any reason.
   
   
2. If the product or packaging is damaged more than necessary to try the product, we can charge you for this reduction in value of the product. So treat the product with care and make sure that it is well packaged when returning it.
   
   
3. The right of withdrawal does not apply to products that are custom made or have been modified in response to a customer's request.
   
   
4. The 14-day reflection period referred to in paragraph 1 commences:

• • • 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
    • once the consumer has confirmed that he will purchase digital content

1. The consumer can make his/her appeal to the right of withdrawal known 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 making his right of withdrawal known, otherwise his right of withdrawal will lapse.

Reimbursement of delivery costs

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

Return shipping costs reimbursement

1. If the consumer exercises his right of withdrawal and returns the entire order on time, 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 dissolve the agreement without giving reasons for 14 days. This cooling-off 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 make known to the entrepreneur. The consumer must make this known using the model form. After the consumer has indicated that he wishes to make use of 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 the customer has not indicated that he wishes to exercise his 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.
6. The entrepreneur has the right to extend the return period under certain conditions.

Article 9 - Right of withdrawal services

1. When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
2. It is no longer possible to cancel a service that has been provided.
3. In order to exercise his right of withdrawal, the client will follow 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 in writing and dated. The client cannot derive any rights from an oral cancellation. Cancellation can only be considered a cancellation if it is signed by the client and in the possession of ZeroDrops.nl. In the event of postponement or cancellation by the client, the client 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 agreed sum.

1. ZeroDrops.nl is entitled to suspend the execution of a client as soon as it has reasonable fear that the client will not (be able to) fully meet its obligations under this or other agreements.
2. If the client postpones the order, this will be considered a cancellation unless a new delivery date is set in mutual agreement with ZeroDrops.nl, on which delivery can take place and agreement has been reached regarding the new amount.
3. Any damages suffered by ZeroDrops.nl as a result of the cancellation of the order must be compensated 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 soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. 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 statutory 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 after delivery. Return of the products must be 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 modified the delivered products himself and/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 are contrary to the instructions of the entrepreneur and/or are included in the user manual;
  • The defectiveness 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 will execute 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 well as possible, it does not accept any responsibility for this except in the case of intent or gross negligence.
3. ZeroDrops.nl has the right to have the agreed services (partially) performed by third parties.
4. The agreement will be implemented in mutual consultation and after written agreement and payment of any agreed advance payment by the customer.
5. It is the customer's responsibility to ensure that ZeroDrops.nl can commence the execution of the agreement in a timely manner.
6. If the customer has not ensured that ZeroDrops.nl can start executing the agreement in a timely manner, the resulting additional costs and/or additional hours will be charged to the customer.
7. The customer shall make 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 is responsible for the correctness, completeness and reliability of the information, data and documents provided, even if these originate from third parties, unless the nature of the agreement dictates otherwise.
9. If the customer does not, does not timely or does not properly provide the information, data or documents reasonably requested by ZeroDrops.nl and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours will be charged to the customer.

Delivery

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. Delivery will take place while stocks last.
3. Delivery of products ordered online will take place at the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, ZeroDrops.nl has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a case of creditor default, with the result that the customer cannot object to late delivery to ZeroDrops.nl.
6. ZeroDrops.nl remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards ZeroDrops.nl under any agreement concluded with ZeroDrops.nl, including claims regarding failure to comply.
7. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
8. If ZeroDrops.nl invokes its retention of title, the agreement will be deemed to have been terminated and ZeroDrops.nl will be entitled 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 cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences at the moment that 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 after written notice to do so or the parties have agreed otherwise.
4. The customer must ensure that the actual delivery of the products ordered by him can take place on time.
5. Transportation 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 a note made of this by the carrier or delivery person before receiving the product, failing which ZeroDrops.nl cannot be held liable for any damage.
2. If the customer arranges for 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, termination and extension

Cancellation

1. The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity)  or services, at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period of time and which extends to the regular delivery of products (including electricity)  or services, at any time at 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 may terminate the agreements referred to in the previous paragraphs:

• • • cancel at any time and not be limited to cancellation at a specific time or during a specific 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 stipulated for himself.
    • Extension

1. An agreement that applies to certain  period of time 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. By way of exception to the previous paragraph, an agreement may be concluded for a specific period  time  has been entered into and which extends to the regular delivery of daily newspapers, weekly newspapers and magazines will be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
3. An agreement entered into for a fixed period and which provides for 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 in the event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
4. A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription)  is not continued tacitly 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 term.

Article 13 - Intellectual property

1. ZeroDrops.nl retains all intellectual property rights including but not limited to; copyright, trademark rights, designs, drawing and model rights, techniques, instruments, syllabi and training materials including software, which have been used for the execution of the assignment or have been included in the advice or research results.
2. The customer may not copy, show to third parties and/or make available or otherwise use the aforementioned intellectual property rights without the prior written consent of ZeroDrops.nl.

Confidentiality

1. The customer shall keep confidential any information (in whatever form) received from ZeroDrops.nl.
2. The same applies to all other information concerning ZeroDrops.nl of which the customer knows or could reasonably suspect that it is secret or confidential, or of which he could expect that its distribution could harm ZeroDrops.nl.
3. The customer shall take all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
4. The confidentiality obligation described in this article does not apply to information:

• • • which was already public before the customer learned of this information or which later became public without this being the result of a breach of the customer's duty of confidentiality
    • which 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, he shall forfeit an immediately due fine for each violation for the benefit of the trade name.

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

1. In addition, the other party shall forfeit an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
2. Forfeiture of this fine does not require prior notice of default or legal proceedings. Nor does it require any form of damage.
3. Forfeiture of the fine referred to in the first paragraph of this article shall 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 well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation 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 resolution procedure.
5. In case of complaints, a consumer should first contact the entrepreneur. In case 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 entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either 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 resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Indemnification

Consumer, customer and client indemnify ZeroDrops.nl against all claims from third parties related to the products and/or services supplied by ZeroDrops.nl.

Our returns and correspondence address:
Ropetech BV
zerodrops.nl
Hensenhof 1
3907JN Veenendaal