General Terms of Sale 2021
- These terms
1.1 These terms and conditions apply to the supply of the product bought on the website www.zakariarugs.com or through manual invoice.
1.2 Please read these terms carefully before you submit an order. These terms tell you who we are, what products we can provide to you, how we will provide them to you, how both parties may change or end the contract, how we manage problem situations, and so on.
- Information about us
2.1 We are Zakaria Rugs, registered at EUIPO International Trade, European Union Intellectual Property Office. Our registered office is Mr. Treublaan 1-3 1097DP Amsterdam, the Netherlands. We are registered in the Netherlands under company number 78256771 (KVK) and our VAT identification number is NL003307038B17.
2.2 You can contact us by telephone at +31 686441008 Monday to Sunday from 09:00 to 18:00. You can email us at email@example.com, where we will answer you within 48 hours. You can also visit us at the address Mr. Treublaan 1-3, 1097DP Amsterdam, the Netherlands, or use the contact form on the website www.zakariarugs.com.
2.3 If we need to contact you, we may do so through telephone or email.
- Our products
3.1 Information about our products is available on our website. Further inquiries may be made by contacting us (contact details in section 2.2).
3.2 Personalized orders refer to any orders that are customized to your order and instructions, including but not limited to e.g. alterations in size.
3.3 Products may vary slightly from their pictures. We have done our best to accurately show you the correct outlook of the product, but due to the nature of the materials and the process of creating the product, small differences are possible. We cannot guarantee that our display of the product is absolutely correct.
- Placing orders and our contact with you
4.1 Orders can be placed in English or German through our website or by calling the number +31 686441008 Monday to Sunday between 09:00 and 18:00.
4.2 We deliver internationally but not to the care of a hotel or a PO Box address.
4.3 You must have the legal capacity to enter into the contract. You must be 18 or older.
4.4 If we personalize a product in accordance with your preferences, you are responsible for delivering us the correct details. Zakaria Rugs is not liable for you making a mistake in placing the customized order.
4.5 When you place an order for the first time, you may open an account with us or order as a guest. If you place the order on the phone, we will ask you for the relevant details. All the steps you need to take to place an order are described on our website.
4.6 We will acknowledge receiving your order by sending you a confirmation email within 48 hours of the order being placed. This confirmation email does not constitute acceptance of your order.
4.7 Acceptance of your order takes place when we email you, informing you of having accepted the order. Once you receive this email, a contract has come into existence between you and us.
4.8 If we cannot accept your order, we will inform you of this via the email address you have provided (in the absence of an email address we will call you to the number you have provided). In such a case, we will not charge you for your order.
4.9 Once you place an order, you will be assigned an order number that you will receive after your order is accepted.
- Price and payment
5.1 The price of the product is displayed in euros (€) including the VAT tax and excluding the delivery costs, unless explicitly otherwise specified. The price of the product is the price displayed on the website and the order pages once you have placed your order. We take reasonable care to ensure that the price we have provided for the product is correct. However, if we find an error in the price of the product, see section 5.4.
5.2 If the VAT rate changes between your order being placed and the date of supplying you with the product, the rate of the VAT you will pay will be adjusted, unless you have already paid the product in full before the change of VAT rate takes effect.
5.3 We do not provide VAT refund services.
5.4 If a product is incorrectly priced on our website, we will contact you for instructions before accepting your order. If we accept and process an order where the pricing error is obvious and unmistakable in such a way that the client ought to have recognized as a mistake, we may end the contract and refund you the sum you have paid, and require the return of the products provided to you.
5.5 We accept payment by credit card (Visa, MasterCard, American Express) issues by banks domiciled in the Eurozone. We also accept PayPal, Ideal, and GooglePay, or other payment methods as they become available on our website. The payment must be made in euros (€). In case of payment by bank transfer, we will send you our bank details by email.
5.6 You must pay before we dispatch the order to you. You will be debited once we have accepted your order and a contract has come into being. If we do not accept your order, we will refund any payments you have made within 14 business days.
5.7 You will receive an email once your order has been dispatched.
5.8 If your payment cannot be processed, regardless of the reason your order will be canceled and the contract with you ends immediately. We will inform you of this in writing within 48 hours via email.
5.10 We will validate the name, address, and other personal information supplied by you during the order process against third-party databases in order to ensure that your credit, debit, or charge card is not being used against your consent. In the performance of these checks, your personal information may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is only done to confirm your identity, and will not affect your credit rating.
5.11 The sale will be canceled immediately if an order placed is considered to be fraudulent or otherwise breaching the terms of sale. We will notify you of the cancellation. In the event that you have paid the whole or part of your order, we will refund you within 14 business days.
- Providing the products
6.1 The delivery costs are displayed to you on our website.
6.2 The delivery time of the product depends on the product that you are buying.
6.3 The rugs are hand-made once the order is accepted and a contract has come into being. Making the rug takes a minimum of six weeks, varying largely depending on the techniques, materials, and sizes of orders. Customized orders take longer to prepare.
6.4 Once we have accepted your order and a contract has come into being, we will inform you of the exact time of the delivery as soon as possible, no later than 5 working days from the acceptance.
6.5 Zakaria Rugs is not responsible for delays that are outside of our control. If the delivery is delayed due to an event outside of our control, we will contact you as possible and take any reasonable steps to minimize the delay. If there is a risk of a substantial delay, you may contact us to discuss the contract.
6.6 Click and Collect service is available only for the furniture, vases, and masks offered on our website. If you choose this method, you can make an appointment with us to collect the product. Your order will be kept in the showroom for 14 working days, after which the contract will be ended if the product has not been collected. If the contract is ended, the ownership of the product is transferred back to us and we will refund you your order.
6.7 When using the Click and Collect service, we need to perform an ID check. We expect you to bring a valid proof of identity with a photo of you, show us your order delivery confirmation email, and the payment card used to pay for the order. Copies of the documents are not accepted.
6.8 If you authorize someone to collect your order on your behalf, please make sure that they bring with them to the store, the delivery confirmation e-mail, your photographic ID, their own photographic ID, the payment card used to pay for the order, and a letter of authorization signed by you. Copies of the documents are not accepted.
6.9 If you refuse to comply with the procedures set for Click and Collect, we cannot provide you with the click and collect service.
6.10 If you are not at home when the product is delivered and no one is available to take the delivery, we will send you an email to rearrange an alternative delivery date.
6.11 If, after a failed delivery attempt, you do not re-arrange delivery, we will contact you for instructions and may need to charge you further delivery costs. If, despite our reasonable efforts, we are unable to rearrange delivery, we may end the contract and section 9.2 will apply.
6.12 In case of a gift, you may arrange for a product to be arranged to a third party of your choice. For this, we require the delivery address to satisfy the conditions in section 4.2.
6.13 If we deliver products late, you have specific legal rights. If we have refused to deliver the product to you or make it otherwise available for you, or if you have specified explicitly upon placing the order that the delivery/collection by a certain deadline is an essential term to the contract (subject to all the relevant circumstances), you may be able to end the contract and be refunded.
6.14 If you cannot or do not want to end the contract, you have the right to provide us with a new, reasonable deadline for delivery or collection.
6.15 If you want to and have the right to end the contract, you can do so by canceling your order for all or some of the products in the order. You can cancel your order or reject products that have been delivered. We will refund any sums you have paid us for the canceled products and their delivery. If products have been delivered to you, you must allow us to collect them from you before making the refund. We will pay the costs of collection.
6.16 If at the time of delivery or collection of the order the packaging is visibly damaged, please open the package in the presence of the carrier or the store assistant to verify the condition of the products. In case of delivery, when there is damage to the products, or the products are lost or damaged by the carrier, we will repair or replace the product free of charge if you fulfill the following requirements. You must communicate the issue to us in writing within 24 hours of the delivery or notice of a lost item. You must show us a receipt (or other documents) relating to the product, and in case of damaged goods, you must have the complete original packaging of the product with all related labels, protective covers and boxes.
6.17 The products become your responsibility from the moment of delivery or collecting.
6.18 You own the product once we have received your payment in full and the product has been delivered to you or collected by you.
- Your rights to end the contract
7.1 You may end your contract with us in certain circumstances described below. Your rights depend on the situation.
7.2 If you have bought a faulty product, you may have the legal right to end the contract, or request a repair or replacement, or be refunded in part.
7.3 You may have the right to end the contract if we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed, or if there is a risk for the supply of the product to be significantly late due to circumstances outside of our control.
7.4 In online shipping, consumers within the European Union have the legal right to change their minds within 14 days and receive a refund without a justification or a penalty. However, this right to change your mind does not apply to personalized orders: customized orders are not refundable. Business-to-business sales are not subject to the reflection period. Consumers outside the European Union have the right to change their minds within seven days, also excluding business-to-business sales and personalized orders. We do not refund the delivery costs for the cancellation of the contract due to a change of mind.
7.5 To end a contract with us or to communicate a change of mind, you must notify us by phone or via email. Our contact details are +31 686441008 and firstname.lastname@example.org.
7.6 You must provide your name, home address, details of the order, your phone number, and email address.
7.7 If you end the contract for any reason after the product has been delivered to you, you must allow us to collect the items or you must bring the item to us.
7.8 The product must be returned in its original packaging, complete, together with a completed return voucher and the invoice.
7.9 We will pay the costs of return when the product is faulty, the contract ends due to an error in pricing or description, a delay results from events outside of our control, or because you have another legal right to do so.
7.10 In all circumstances not mentioned in section 7.9 you will be responsible for the costs of return.
7.11 We will refund you the price you paid for the product including delivery costs when applicable, using the same method you used for payment. We may make deductions from the price as described below.
7.12 If you are exercising your right to change your mind, we may reduce your refund to reflect the reduction in the value of the product which has been caused by your handling of them.
7.13 We will make any refunds as soon as possible. If you are exercising your right to change your mind, we will make the refund within 14 days, unless you have not permitted the collection of the product you wanted to return. You must have evidence of having despatched the goods if relevant.
- Our rights to end the contract
8.1 We have the right to enter the contract if you break it. We may end the contract at any time if you do not make the payment when it is due, or do not allow us to deliver the products to you or collect them from us.
8.2 If you break the contract, you must compensate us. If any of the situations of section 8.1 take place, we will refund you the money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the costs that we incur as a result of your breaking the contract.
- A problem with the product
9.1 If you have complaints about the product, you can contact us by telephone or email.
9.2 We are under a legal duty to supply the products in conformity with this contract. Nothing in these terms will affect your legal rights.
9.3 You are obliged to return the products you reject if you wish to exercise your legal rights to reject an order. Please call or email us to arrange the return.
- Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not, however, responsible for any loss of damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time of contracting both parties knew it might happen, e.g. if you disclosed it in the sales process.
10.2 If there is an essential fact you do not disclose that might cause loss, we are not liable for it.
10.3 We do not exclude or limit our liability to you in any unlawful way.
10.4 We are not liable for business losses. We will not have liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Other important terms
11.1 Nobody else has any rights under this contract. This is a contract between you and us. No other person shall have any rights to enforce any of its terms.
11.2 If a court finds a part of this contract illegal, the rest will still remain in full force and effect. Each paragraph in these terms operates separately.
11.3 Even if there is a delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do something that is required until these terms, or if we delay in taking steps against you in respect of you breaking this contract, that does not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.4 These terms are governed by Dutch law and you can bring legal proceedings in respect of the products in the courts of the Netherlands.
Zakaria Rugs has a quality assurance warranty on all rugs. Zakaria Rugs will provide up-front quality check ups to investigate the matter, in case of request. For natural wear and external influences that damage the rug, Zakaria Rugs does not take responsibility.