DEFINITION
1. www.ziyel.com: Ziyel (sole proprietorship), established in Amsterdam, Chamber of Commerce number 74398954 and VAT/BTW Number NL002254616B56 (hereinafter referred to as (“Ziyel /we/us/our”).
2. Customer: the person with whom Ziyel has entered into an agreement.
3. Parties: Ziyel and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

APPLICABILITY
1. These terms and conditions (“Terms and Conditions”) will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Ziyel.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or third parties.

PRODUCT AVAILABILITY
Indicated availability on the Website, cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We hold the right, without accepting liability or prior notice, to amend, suspend, or terminate to make available any or all products or to cancel any order. If there is any amendment, suspension, or termination, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

DELIVERY
In conformance with the terms stated above, purchased products will be dispatched within 5 working days starting on the date of the order, however we try our best to dispatch the purchased products within 2 to 3 working days starting on the date of the order, excluding Force Majeure situations in the dispatching process.

Please allow up to 21 working days for delivery to arrive inside and outside of Europe, and 7 working days within the Benelux. If you still have not received your purchased products after 3 weeks, please notify us via email at support@ziyel.com. You bear all duties and customs costs for orders shipping outside of the Netherlands and Europe. Ziyel is not liable for any lost, stolen, or damaged shipments. All shipments within The Netherlands are sent with a delivery confirmation and you assume all responsibilities of lost items.

Where possible, we try to deliver all the products you ordered at the same time. Please note, however, that products may be delivered in separate shipments. We therefor hold the right to deliver your order in separate shipments.

COLORS
We have put out utmost effort to display as accurately as possible the colors of our products that are displayed on ziyel.com. However, the actual colors you see – will be determined by your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Therefore, the pictures of our products on ziyel.com are for illustrative means only.

SIZING OF PRODUCTS
Please carefully check the size chart on the product pages on our Website.

ORDER PROCESS
You can only place an order if:
1. you are a consumer who is 16 years of age or older;
2. or have the permission of at least one of your parents;
3. guardians place an order and who provides us correct information that is necessary for the fulfilment of the order.

An order placed by you is an offer to purchase the product(s) displayed on ziyel.com.

Once the order is placed by you, we will send you an email with the confirmation of the order to let you know that we have received your order. This confirmative email does not constitute an acceptance of your order or the conclusion of a contract. Ziyel reserves all rights to reject your order for any reason and with no liability to you or any third parties prior to Ziyel acceptance of your order.

Our acceptance of your order and completion of the contract will only take place when we send you an email confirming that your order has been dispatched. Prior to the dispatching of your order, Ziyel still holds the right to cancel your order by reasons mentioned in these Terms and Condition, for example because: if the product is unavailable, your misuse, a force majeure event on our side or due to non-payment by you.

Ziyel will honor your right of withdrawal, when notice of your withdrawal request is sent to Ziyel.

PRICES
1. All prices used by Ziyel are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Ziyel is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of product or parts thereof, with Ziyel could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement because of a price increase as referred to in paragraph 3 unless the increase is the result of statutory regulation.

PAYMENT
Ziyel only offers the payment methods displayed during the checkout process and is not responsible for any transfer or bank charges and/or import duties or taxes. All payments are subject to authorization and validation checks done by the payment service provider. In case the payment service provider does not, for any reason, authorize or validate your payment, the relevant payment provider can notify you thereof, after which Ziyel will cancel your order.

RETENTION OF TITLE
1. Ziyel remains the owner of all delivered products until the customer has fully complied with all its payment obligations about Ziyel under whatever agreement with Ziyel including of claims regarding the shortcoming in the performance.
2. Until then, Ziyel can invoke its retention of title and take back the goods.
3. Before the property is dispatched to customer, the customer may not pledge, sell, dispose of/or otherwise encumber the products.
4. Is Ziyel invoked its retention of title, the agreement will be dissolved and Ziyel has the right to claim compensation and lost profits.

RETURN POLICY
Ziyel Shipping and return page applies and is part of these Terms and conditions.

RETURN SHIPPING
Customers are responsible for the cost of return shipping.
Ziyel does not provide pre-paid return labels.
We recommend using a trackable shipping service to ensure that your return is received.

TRANSACTION COSTS
Please note that transaction costs incurred during the initial purchase, including payment processing fees, will not be refunded.

PRIVACY
Ziyel Privacy policy applies and is part of these Terms and Conditions.

MODIFICATION OF THE AGREEMENT
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

CHANGES IN THE GENERAL TERMS AND CONDITIONS
1. Ziyel is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Ziyel with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

TRANSFER OF RIGHTS
1. The customer cannot transfer its rights deferring from an agreement with Ziyel to third parties without the prior written consent of Ziyel.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

INTELLECTUAL PROPERTY
All copyright, trademarks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Ziyel products belong to Ziyel. Ziyel reserves all its rights of the Ziyel products. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by Ziyel except as expressly provided in these Terms.  In addition, Ziyel products, contains information and intellectual property that is selected and organized by Ziyel and represents significant work made by Ziyel. Nothing in the Terms should be construed as granting any license or right to use any Ziyel products or intellectual property displayed or used in any Ziyel material except as expressly provided in the Terms.

You agree to the following:
1. the Ziyel Material is the property of Ziyel;
2. you will not use the Ziyel material for any purpose other than is expressly permitted in these Terms;
3. you will not distribute in any medium any Ziyel material without Ziyel prior written authorization or as expressly provided these Terms.
4. any distribution or past distribution of any Ziyel material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses Ziyel material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
5. Ziyel shall have the right to represent its suppliers in any dispute.

DESIGN
All product designs are made by Ziyel, the Website is built by a private company, and all photography rights are reserved by Ziyel.

INACCURACY DISCLAIMER
Ziyel will regularly check the website for any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. We hold the right to correct any errors, inaccuracies, or oversight and to change or update information at any time without prior notice, including after you have submitted your order.

We apologize for any inconvenience this may cause you. If you are not completely satisfied with your products, you may contact us via support@ziyel.com and we will inform you how to return your purchase. No returns can be done without including your invoice. In conformity with our Return Policy, you may choose another size, another Ziyel Product or money refund.

LIABILITY
1. Ziyel is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Ziyel is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Ziyel is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
4. If Ziyel is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

FORCE MAJEURE
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Ziyel in the fulfilment of any obligation to the customer cannot be attributed to Ziyel in any situation independent of the will of Ziyel, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Ziyel.
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises because of which Ziyel cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Ziyel can comply with it.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

5. Ziyel does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages because of the force majeure situation.

APPLICABLE LAW AND COMPETENT COURT
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district (Amsterdam) where Ziyel is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

DISCOUNT POLICY:
At Ziyel, our customers are highly appreciated and strive to offer them the best service. As part of our commitment to customer satisfaction, we have implemented a discount policy to provide new customers with an incentive to subscribe to our mailing list.

1. Discount Offer:
New customers who subscribe to our mailing list will receive a 10% discount on their first purchase. This is provided in the form of a unique code that can be used during the checkout process. Please note that this discount is only valid for one-time use.

2. Misuse and Fraud:
We take the misuse of our discount option very seriously. If we detect any attempt to misuse the discount offer for a second time or engage in fraudulent activities, we reserve the right to refund the money back to the customer and void the discount. Our goal is to maintain an honest business and ensure that the opportunity to experience our brand is given to genuine customers.

3. Building a Trustworthy Brand:
Ziyel provides high-quality clothing and keeps a positive relationship with its customers. We believe in supporting our brand’s vision and the efforts of our designers and employees. Guests who engage in fraudulent activities not only undermine the integrity of our brand but also disrespect the hard work and dedication of our team.

4. Customer Support:
If you have any queries regarding our discount policy, please do not hesitate to reach out on boutique@ziyel.com. We are available to assist you and ensure a pleasant shopping experience.

At Ziyel, our main goal is to deliver a fair and rewarding experience. We encourage all customers to respect our discount policy and engage with us in an honest and ethical manner.

Drawn up, June 2023.