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TERMS AND CONDITIONS OF THE ONLINE STORE www.zoyasmartphones.be (“Terms and Conditions”)

  1. General Provisions
    • These Terms and Conditions of the online store www.zoyasmartphones.be (here in after referred to as the “Online Store”) define the rules and technical conditions for purchasing goods through the website available at www.zoyasmartphones.be
    • The owner of the Online Store is ZOYA COMPANY registered in Belgium – Stenenbrug 103, 2140 Antwerpen under number: BE0786484017, hereinafter referred to as the “Seller”.
    • In the further part of these Terms and Conditions, a person intending to make a purchase in the online store and registered at www.zoyasmartphones.be will be referred to as the “Customer”.
    • Purchases in the Online Store can be made by adult individuals, as well as legal entities and organizational units without legal personality, which are granted legal capacity by specific regulations (“Customer”).
    • Before placing an order, the Customer is obliged to read and accept these Terms and Conditions. Acceptance of the Terms and Conditions is a necessary condition for using the services of the Online Store and occurs during the completion of the order form.
  1. Personal Data Protection
    • By accepting these Terms and Conditions, the Customer gives consent for the processing of their personal data by the Seller. Customer personal data is processed solely for the purpose of order fulfillment and is protected in accordance with applicable regulations. Customer personal data is obtained during the completion of the order form by the Customer.
    • The administrator of the collection of Customer personal data is ZOYA COMPANY.
    • Customer personal data is not shared with other companies for marketing purposes.
    • Every Customer has the right to access and modify their personal data stored by our store. The personal data entrusted to us is stored and secured at the headquarters of ZOYA COMPANY in accordance with the principles set out in the applicable laws.
  1. Product Descriptions and Photos
    • All information regarding goods offered by the Online Store (including descriptions, photos) does not constitute an offer within the meaning of the Civil Code provisions but is solely a presentation of products offered by our store.
    • In the case of placing an order for a specific product, the Customer will receive information about the offered product, its name, manufacturer or importer, conformity mark, annotation on its circulation within the European Union, and, depending on the type of product, a description of its energy consumption and other data, if required by law. In the case of used equipment, the information will also include a description of the technical and visual condition of the given equipment.
    • If the Customer receives a product that does not correspond to the description placed on the Online Store website, or if the description contains an error affecting the value or usefulness of the specific product, the Customer has the right to return the item within 14 days. After receiving the returned product, the Seller will immediately refund the purchase costs and the delivery costs paid.
  1. Prices
    • All prices listed in the online store are expressed in Euro and include the applicable TAX rate.
  1. Orders
    • The online store accepts orders through the website www.zoyasmartphones.be To place an order, the Customer fills out the order form, confirms their familiarity with and acceptance of the terms of sale (the content of these Terms and Conditions), and gives consent for the processing of personal data for the purpose of order fulfillment. Orders are processed in the order they are placed.
    • Orders are processed in the order they are placed.
    • Placing an order does not mean its acceptance. The order is considered accepted for processing once the Seller sends information confirming the acceptance of the order for processing. Upon confirmation by the Seller of the order being accepted for processing, a sales contract is concluded between the Seller and the Customer.
    • The Seller reserves the right to refuse the fulfillment of an order or to withdraw from a sales transaction in case the product is not available from the supplier. If the price of the product has already been paid, the funds will be promptly returned to the Customer’s designated bank account.
    • Failure to receive confirmation of the order being accepted for processing by the Customer means that the order has not been accepted for processing.
  1. Delivery
    • Products ordered in the online store www.zoyasmartphones.be are delivered by bpost and DHL. The time of receiving the shipment includes: order processing time (compilation of products, payment method, issuance of sales documents, packaging of the package), delivery time.
    • The cost of delivery is borne by the Customer.
    • An invoice is included with the products.
    • Upon receiving the shipment, the Customer should carefully inspect the package and the received equipment and immediately inform the Seller of any defects. If the product or package was damaged at the time of receipt from the courier, a protocol should be drawn up in the presence of the courier, and the Seller should be informed immediately. Not drawing up a protocol does not deprive the Customer of the possibility of claiming a damaged product.
  2. Payment Methods
    • Payment for goods can be made by the Customer in the following ways:
    • Before the goods are handed over to the Customer (advance payment): by bank transfer to the bank account specified in the information confirming the acceptance of the order for processing,
    • Upon receiving the goods: in cash in the case of personal collection of the goods from the Seller’s premises by the Customer.
    • ZOYA COMPANY may establish other specific terms and forms of payment with the Customer. In such a case, the terms and forms of payment specified in the order confirmed by the Seller as accepted for processing and meeting all additional requirements related to agreed terms or forms of payment (including installment sales, leasing) shall apply.
  3. Return of Goods
    • A Customer who is a consumer within the meaning of the Civil Code provisions and who has concluded a distance contract may withdraw from it in accordance with applicable regulations within 14 calendar days from the date of receiving the purchased product and must support this fact with a written statement.
    • The statement should be sent by registered mail or included in the package with the returned goods.
    • The deadline is met if the statement is sent before its expiration. The date of the postmark is decisive.
    • The online store immediately confirms the receipt of the Customer’s statement of withdrawal from the contract by sending relevant information to the Customer’s email address.
    • The return of the product to the Online Store should take place immediately, no later than within 14 days from the date of withdrawal from the sales contract (i.e., from the date of sending the statement as mentioned in points 2 and 3 above). The return is confirmed by written acknowledgment of receipt of the product by the Seller. Along with the returned product, the Customer should also return any products or services they received for free and/or products or services that were offered at a preferential price upon purchasing the returned equipment.
    • The Customer bears the costs of sending the returned product to the Online Store.
    • The online store will refund the paid price to the Customer and the costs of delivering the product within 14 days from the day of receiving the Customer’s statement of withdrawal from the contract. The online store may withhold the reimbursement of costs incurred by the Customer until the returned product is received or until the Customer provides proof of its return.
    • The reimbursement of costs incurred will be made in the same way as the Customer used for payment unless the Customer has agreed to a different method that does not involve additional costs for them.
    • The returned equipment must not show signs of use beyond what results from normal use. The returned product must be complete and, if possible, packed in the original packaging.
    • Software provided on media, separately or together with the equipment, must not show signs of use, especially in the case of audio and video recordings and computer programs recorded on media. The product must be in its original packaging. Failure to meet this condition will result in the return not being accepted.
    • In the event of the Customer’s withdrawal from the sales contract, the Customer will receive a correcting invoice for the purchase document. After the Customer sends back the signed copy of the correcting invoice, the amount equal to the value of the returned equipment and the delivery costs of the equipment to the Customer will be refunded.
  1. Warranty Procedure for Used Equipment
    • In the event of a defect in a product purchased from the online store as used, the Customer:
    • Who is a consumer has the right to demand replacement of the product with a new one free from defects, repair of the product, unless repair or replacement is impossible or would require excessive costs compared to other remedies. If the defect is substantial, the consumer has the right to withdraw from the contract. This right expires after one year from the date of handing over the product to the consumer. Warranty does not cover:
    • Mechanical damage caused by the Customer;
    • Damage and defects resulting from using the product in a manner contrary to its purpose;
    • Damage and defects resulting from external factors, including contamination, water damage, exposure to atmospheric phenomena, excessive humidity, or sunlight;
    • Damage resulting from improper power supply voltage;
    • Consumable parts of the product, including consumables (e.g., batteries, accumulators), data carriers, lamps, matrices, and software installation and configuration;
    • Repairs undertaken by the Customer on their own.
    • In any case of discovering that a product purchased from the Online Store contains defects, the Customer is obliged to report this to the Seller at the email address office@zoyasmartphones.be In the report, the Customer should accurately describe the defect, provide the serial number of the device, and the date of purchase. The Customer is obligated to provide all the necessary information in the complaint form for the proper execution of the complaint procedure. In the feedback, the Customer will receive the information necessary for sending the product to the service.
    • The product under complaint should be sent to the Seller’s service through a courier company (the sent product must be insured). After repairing the product, it will be returned to the Customer at ZOYA COMPANY expense. The product can also be delivered in person to the ZOYA COMPANY, located at Stenenbrug 103, 2140 Antwerpen, Belgium.
    • The costs associated with sending the product under complaint to the service will be reimbursed by the Customer.
    • In the case of a complaint regarding used equipment, the sales document (receipt or a copy of the invoice) should be attached to the product.
    • The product should be sent complete, especially with accessories that affect the functionality of the product or that may be one of the reasons for incorrect product operation. In case of doubt, please contact the Seller.
    • A description of the defect or malfunction should be included with the product, along with a description of the situation in which the defect occurs. This description should be as accurate as possible, which will accelerate the diagnosis of the defect/malfunction and the processing of the complaint. Additionally, the Customer should specify the complaint requests and the complaint procedure (based on the warranty or non-compliance of the received product with the contract).
    • The reported defect is subject to verification by the service, which will determine whether the defect did not arise due to the Customer’s fault.
    • In the event that, subsequent to accepting the product for repair or during the repair process based on the provided warranty, it is determined that the defect was caused by any of the circumstances indicated in points 10.2(a) to (f) of this Regulation, the Seller will discontinue the repair of the product and return the product to the Customer within the timeframe specified in section 10 of this section.
    • The estimated repair time for the reported malfunction is 14 calendar days. The calculation of this period commences from the first working day following the day of accepting the product for complaint. The aforementioned duration is approximate and may be extended, with the Customer being notified at least 3 days in advance.
    • The expenses related to the return of the product subject to complaint to the Seller will be reimbursed immediately upon receipt of the shipment and the favorable processing of the complaint. In cases where the fulfillment of Customer requests involves the delivery of new or repaired equipment, the delivery costs will be covered by the Seller.
    • If, upon examination, the equipment submitted to the service is found to be in proper working condition, and the Seller has not identified any defects, the service will levy charges on the Customer for diagnostics and shipping expenses.
  1. Final Provisions
    • This Regulation becomes effective on the day of its publication on the Online Store’s website at www.zoyasmartphones.be and remains in force indefinitely.