Terms of service
ZIRTUI – Terms and conditions
Terms of sale
Art. 1 - General.
These General Terms and Conditions of Sale apply to any sale of products by Zirtui plc, with its registered office at Edward Pynaertkaai 9000 Ghent and registered in the KBO under Dormouse BV number 0767.883.573, regardless of the manner in which the order of the Products is placed.
The invalidity of any particular article of these Terms and Conditions or its inconsistency with public order or mandatory law will not affect the validity and applicability of the remaining articles.
Zirtui may at any time modify these General Terms and Conditions. The current Terms and Conditions will always be made available on the website as of the date on which the latest version comes into force. The current General Terms and Conditions are always displayed at the time of placing an Order.
Art. 2 - Offers and orders.
Images, capacities, descriptions and other indications of the Products, price lists and offers included on Zirtui's Website have been composed carefully, but are only estimated and purely informative and are provided for information purposes without obligation.
Each Offer contains sufficient information, concerning (i) the price including taxes; (ii) the possible shipping costs; (iii) the way in which the Order will be finalized and the actions that are required for that; (iv) the possibility of applying a right to withdrawal; and (v) the ways of payment, delivery and execution of the Order. This information is provided to the Customer in order for the customer to know about the rights and obligations, which are attached to the Order, as well as being able to make a proper assessment of the Products. If an Offer is only valid for a limited period of time or subject to certain conditions, this will be stated clearly in the Offer.
Zirtui has the right to make changes to the Products. Our latest version of the webshop and price lists always replace and cancel out all previous ones. Products that no longer appear online can no longer be ordered.
The ordering process is as follows: the Customer must add the Product to the shopping basket on the Website. The Customer then enters various contact and payment details, after which the type of Delivery is chosen. After this, the Customer can choose a payment method and possibly enter a discount code. The Order is final once all these steps have been completed.
Any Order received must be the subject of a receipt by Zirtui in order to be considered valid by Zirtui. As long as an Order has not been accepted by Zirtui, no agreement has been formed. The Customer is bound by any Agreement in a final and irrevocable manner.
Art. 3 - Description and use of Products.
The product consists of food supplements.
Art. 4 - Price.
Zirtui maintains the right to change prices. The latest version of the price lists, available through the Website, always replace and cancel out all previous ones. VAT is included in the pricing. During the period of validity mentioned in the Offer, if applicable, the prices of the offered Products will not be increased, except for price changes due to changes in VAT rates.
Art. 5 - Payment conditions.
The amounts owed by the Customer must be paid immediately upon placing the Product Order. Before placing an Order, the Customer has the opportunity to review and accept the full fee that will be charged for the Order. The following payment methods are accepted by Zirtui: Bancontact, Visa, MasterCard, Maestro, American Express, Paypal, Belfius Direct Net, KBC/CBC Payment Button and ING Home'Pay.
Zirtui reserves the right - within legal limits - to check whether the Customer can fulfill his payment obligations, as well as other factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Zirtui has legitimate reasons for not entering into the Agreement, it is entitled to refuse an Order, or to attach special conditions to its fulfillment.
The Customer has the duty to immediately report inaccuracies in payment details provided or stated to Zirtui. Zirtui takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the Customer pays electronically, Zirtui will take appropriate security measures.
Art. 6 - The Agreement.
The Order is created at the time of the Customer's acceptance of the Offer and fulfillment of the specified conditions, including its payment.
Zirtui immediately confirms the acceptance of the Offer electronically. From the moment of acceptance of the Offer, the Offer is converted into a Contract between Zirtui and the Customer. As long as the Order is not confirmed by Zirtui and thus no Agreement has been concluded, the Customer has the possibility to cancel the Order.
Art. 7 - Levering.
Zirtui will treat the execution of the Agreement with care. In accordance with Article 2 of these General Terms and Conditions, Zirtui shall execute the Delivery with an appropriate level of urgency, but at the latest within twenty working days, unless a longer delivery period was indicated. Delivery times mentioned by Zirtui are solely indicative, and therefore the Customer cannot claim any rights from them.
When a Product is out of stock, Zirtui shall make an effort to make the Product available again, as soon as possible. Zirtui will inform the Customer by email of the (temporary) unavailability of the Product at the latest within fourteen days after placing the Order. In doing so, the Customer can choose to wait for the Product to come back into stock or to cancel the Order at no additional cost. In case the Customer chooses to wait for the availability of the Product, the Product will be shipped once it is available again. If it is not possible to get the Product back into stock or the Customer chooses to cancel the Order, Zirtui will refund the Customer the amount of the price for the Product in question, within thirty days after the Customer notifies Zirtui of this choice.
The location of Delivery will be the delivery address indicated by the Customer during the ordering process. Zirtui shall not be held responsible for the consequences of the Customer's communication of incorrect details. If the delivery address provided is incorrect or incomplete and the Products need to be reshipped, additional costs will be charged to the Customer for this.
The following delivery methods are suggested by Zirtui: Delivery to a delivery address provided by the Customer, at a BPost collection point or at a BPack collection point.
The risk is transferred to the Customer at the time of unloading the Products by the carrier, freight forwarder or other person employed. If the Product was delivered damaged, Article 9 of these General Conditions must be followed.
The Order shall be delivered to the delivery address indicated by the Customer. If nobody is present to take the Order at the time of Delivery, a notice of presentation shall be left behind. This notice of delivery shall indicate the postal address where the Customer may collect the Products. The Products shall remain available to the Customer at the postal address for fourteen days following the day of Delivery. After this period, the Products will be returned to Zirtui. In that case, the Customer may contact Zirtui in order to organize a new Delivery at the Customer's expense.
Art. 8 - Herroepingsrecht.
The Customer has the right to revoke the Agreement between Zirtui and the Customer, without giving reasons, for fourteen days. This period of Withdrawal shall commence on the day following receipt of the Product by or on behalf of the Customer.
The Customer shall notify Zirtui of the decision to exercise its right of withdrawal within the Withdrawal Period. For this purpose, the Customer must contact Zirtui within the Withdrawal Period at email@example.com.
After the Customer has informed Zirtui of exercising the Right of Withdrawal, the Customer shall return the specified Product by mail within fourteen days to the return address provided by Zirtui. Any return costs shall be at the expense of the Customer. Zirtui will confirm receipt of the returned Product via email.
Zirtui will refund the Customer the amounts received for the returned Product, including, where applicable, the delivery costs, unless the standard delivery method was not opted for. The refund will be made within fourteen days of receipt of the returned Product. Zirtui shall make this refund using the same method of payment used by the Customer at the time of ordering.
Throughout the Withdrawal Period, the Customer shall handle the Product and its packaging with care. The Right of Withdrawal can only be exercised if the Product is returned as new, in its original packaging and in perfect condition, including possible instructions for use. The Right of Withdrawal cannot be exercised if the Product has been used or opened. If this is the case, the Agreement cannot be withdrawn and will be executed.
Zirtui is not obligated to take back products returned after the Withdrawal Period, returned without following the procedure in this article, whose packaging was opened and/or that contain traces of use. The assessment of whether a Product should be taken back is made by Zirtui. On request, the reasons for not taking back a Product can be provided to the Customer.
Art. 9 - Guarantee and conformity.
The statutory warranty period for Products that do not comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usefulness and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement, is two years within which Zirtui reserves the right to replace the Product. If a replacement is not possible or disproportionate, Zirtui undertakes to refund the payments received for the Product in question.
Upon Delivery, the Customer needs to verify that the quality and quantity of the Product correspond to the Agreement. Any complaint for visible defects or missing Products must be addressed by email to the Customer Service Department at firstname.lastname@example.org within two days of the Delivery. If the Customer fails to submit a complaint within this period, the Customer loses its right to complain for visible defects or missing Products.
To invoke the warranty, the Customer must be able to present the proof of purchase or invoice. The warranty is not transferable. Each defect must be reported to Customer Service at email@example.com within two months of its discovery. Afterwards, any right to a warranty expires. Customer Service will inform the Customer about the steps needed to return the Products. In each case, the return of the Products can only take place after a prior written confirmation of Zirtui.
Claiming a warranty is not possible for a defect due to: (i) fault, negligence of the Customer; (ii) repair or alteration of the product by the Customer or a third party; (iii) poor maintenance; (iv) negligent use or use under abnormal conditions; (v) a cause linked to the normal duration of use or life of the Product; (vi) an external cause not attributable to Zirtui, (vii) fault, negligence or services of third parties and (viii) use of the Products without the Application and/or registration in the Application.
Art. 10 - Complaint procedure.
Zirtui hopes to always satisfy the Customer with the Products and the accompanying service. However, should anything go wrong, the Customer can always contact customer support at firstname.lastname@example.org. Zirtui endeavors to handle complaints within a period of seven days.
Art. 11 - Force Majeure.
Force Majeure (circumstances beyond one’s control) releases Zirtui from any liability. Zirtui is not obligated to accept Orders nor to execute Agreements in all cases of Force Majeure. Zirtui has the choice to either suspend its obligations for the duration of the Force Majeure or to permanently rescind the Agreements, without any rescission costs.
Cases of Force Majeure include: extreme weather conditions, a pandemic, strikes, blockades or riots, lockout, fire, damage to production facilities, no or late delivery from our suppliers, government measures. This list is not exhaustive. Customers have no right to cancel a Contract or to refuse receipt or payment for ordered Products. Any form of financial or commercial compensation will not be allowed on the grounds of Force Majeure.
Art. 12 - Limitation of liability.
Zirtui is not responsible for any interrupted availability of or access to the Website, any malfunction depending on the computer system, viruses or other inconveniences that might arise from using this Website.
Zirtui is not responsible for the loss or for the material,physical or other damage, of any kind, that the Customer or a third party might suffer due to the use of the Products. This also applies to the cases stipulated in Clause 9 of these General Terms and Conditions. Likewise, Zirtui is not liable for any medical decisions made by the Customer or the Customer's physician as a result of the use of the Products. The use of the Products is at your own risk.
All time limits mentioned in these General Terms and Conditions on the part of Zirtui, with the exception of the Cancellation Deadline and the Return Deadline, are merely indicative, without any obligation on the part of Zirtui. Accordingly, Zirtui shall not be liable for failure to meet any deadline, nor for any other damages that may have been caused by Zirtui's fault or negligence. Zirtui is liable only for gross negligence related to the choice of shipment, transportation or courier. Any consequential damages or any other damages that cannot be foreseen by a party at the time of entering into the Agreement are excluded from compensation.
Zirtui's entire liability will not exceed the purchase price of the Product in question.
Art. 13 - Intellectual property.
Zirtui remains the exclusive owner of all intellectual property rights pertaining to the Products, the Website as well as the name, logo and images under which the Products are offered. Intellectual property rights include all intellectual and industrial property rights, including copyright, patents, copyrights (of the author), database rights, design rights, trademark rights, sui generis rights and all other possible intellectual property rights including all related and neighboring rights and all other forms of similar protection, anywhere in the world, whether registered or unregistered. Our written authorization is necessary for the use of images and logos of our Products in magazines, daily and weekly newspapers, on websites or on the Internet or for transmission to third parties.
The Website was created for the personal and non-commercial purposes of the Customer. It is prohibited to modify, copy, distribute, transmit, reproduce, publish or create derivative works from any information or material available on the Website. However, the Customer may download content from the Website and make a copy of it for personal and non-commercial use, provided that the original state of the content is preserved.
The Customer promises not to modify or imitate any Products offered by Zirtui, or to infringe upon Zirtui's intellectual property rights.
Art. 14 - Data protection and privacy.
Art. 15 - Applicable law.
Any dispute between the Customer and Zirtui is exclusively governed by Belgian law. The courts of Ghent are qualified to take note of any dispute, regardless of the reason.