Article 1 - Definitions

The supplier: Zes with company number BE1000380695, legal address at Muinklaan 67, 9000 Gent, Belgium.

And office at Muinklaan 67, 9000 Gent, Belgium.

The site: The address: www.zesthebrand.com

The terms and conditions: This agreement.

The order: An order placed by a person on the site.

The location: The location of the Terms and Conditions on the site, more specifically: https://www.zesthebrand.com/pages/terms-conditions.

The products: The goods that are for sale on the site.

The client: The person who orders.

The customer service: This service is accessible via our contact form or via zesthebrand@gmail.com .

Article 2 - General

The following Terms and Conditions apply to all visitors or users of the site. By using this site, you agree to be bound by these terms and conditions, as they may be modified by us at any time and posted on this website. In case of contradiction or silence from these terms and conditions, Belgian law will be applicable.

In case one of the conditions in these terms and conditions would be illegal or invalid, the other conditions remain applicable.

The Terms and Conditions which are applicable to the order are the terms and conditions published at the time the order was made. They will annul all earlier or later terms and conditions.

As referred to in these site rules, "Zes" refers to ZesTheBrand.

The present General Terms and Conditions govern the rights and obligations of the parties arising out of the online sales of products offered on sites belonging to Zes. Zes provides all its services from Belgium. The contract between the parties will be deemed to be performed in Belgium, dispatching to different countries from Belgium.

These General Terms and Conditions apply to all products sold via the site.

Article 3 – Capacity in Law and Acceptance

Anyone wishing to buy products from Zes must have the capacity to act in law. Should anyone be declared without capacity, they may not buy any products on Zes's site and so acquire the capacity of customers. They must then purchase via their lawful representatives. These lawful representatives will be bound by the Terms and Conditions.

The customer accepts these General Terms and Conditions expressly by clicking on a tick or putting a cross against the words “I agree with the Terms & Conditions.” The order can under no circumstances be definitive without acceptance of these Terms and Conditions, the price, and the descriptions of the product(s).

The supplier can refuse every order if there is a serious assumption of abuse, abuse of law, or bad faith.

Article 4 - Annulation

Zes cannot be held liable for products not being available. Should one or more products in an order not be available, Zes will inform the customer via email or in writing that it has canceled his or her order wholly or in part or split it.

Should products be found to be unavailable and the customer is informed of this but they have already paid for their products, Zes will ask his or her bank information to refund the amount paid for the products in question immediately, informing the customer by email accordingly. How fast the refund is actually made depends on how the customer chose to pay when making their purchase. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank.

Zes will also cancel the order if the address details are unclear, incorrect, or insufficient to send the products. Zes will inform the customer via email or in writing that it has canceled his or her order. If the customer has already paid for their products, Zes will ask his or her bank information to refund the amount paid for the products in question immediately.

Customers can cancel their order only if it hasn't been processed yet. They can do so by contacting us. Zes will cancel the order and will ask its bank to refund the amount paid for the products in question immediately, informing the customer by email accordingly. How fast the refund is actually made depends on how the customer chose to pay when making their purchase. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank.

Article 5 – Prices and Invoicing

Prices are those shown on sites at the moment the customer places their order.

Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs unless expressly stated otherwise.

Product and service prices do not include transport costs: these will be charged separately, and the customer must pay them in addition to the purchase price. Any discount the customer is allowed will be deducted from the price of the products, not from the transport costs.

Zes reserves the right to vary selling prices and transport costs at any time, although the products purchased and costs will always be invoiced as stated in the email which confirms the order. These are the prices that apply at the time of purchase, provided the products were available.

The customer agrees to Zes sending its invoices electronically; but if the customer would like a hard copy invoice, they can simply request one through our contact form.

Products will remain Zes's property until such time as the customer pays for them in full, i.e., until they pay the purchase price and costs in full.

Article 6 – Payment Methods

Purchases can be paid using Klarna, VISA, Mastercard, American Express, Maestro, Bancontact/Mister Cash, PayPal, Apple Pay, Shopify Pay, and via Direct Banking (ideal for The Netherlands). The customer's bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the customer's bank has given its consent to Zes. Should the customer's bank refuse payment, the order will be refused automatically.

The customer warrants they are authorized to make payments by one of the payment methods stated above and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Zes may refuse the order.

Zes uses Stripe and PayPal to handle payments online. Zes has no access to its customers' confidential payment details, nor does it keep them.

Zes reserves the right to refuse any order from a customer with whom it is in dispute or who has brought a dispute in the past. Zes may also refuse an order should the customer not have paid for a previous order, wholly or in part, where there is a serious assumption of abuse, abuse of law, or bad faith.

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Article 7 – Ordering Products

The products offered by Zes are those displayed on the website at the time the customer places their order, subject to availability.

Every order can only be validly placed via the website.

Zes commits to making every effort to deliver all orders as quickly as possible.

All products offered for sale on the website are described in good faith and as accurately as possible. However, the photographs on the website hold no contractual value. Zes cannot be held liable for any errors in product descriptions or photographs, including slight variations in colors and dimensions.

Notwithstanding any evidence the customer may possess in writing, it is expressly agreed that data registered in Zes' IT systems, those of its hosting partners, or internet payment partners alone shall serve as proof of communications, the content of the orders, and the entire transactions that have occurred between the parties.

To place an order, the customer selects their preferred section, chooses the desired size, and clicks "Add to Cart." This action places the selected item in the shopping cart. The customer can make changes to their order while it remains in the shopping cart. If the customer decides to confirm their order, they must select a delivery and payment method. The total amount payable is clearly displayed throughout the checkout process.

Once the payment process is completed, the order becomes final and cannot be altered unless the customer explicitly requests changes via email or in writing, Zes accepts the request, and the order has not yet been shipped.

The customer will receive an initial email confirming their order after completing the purchase. A second email will follow when the order is dispatched.

Article 8 - Deliveries

When confirming their order, the customer can choose delivery to a given address (home, work, or other).

Should the customer opt for delivery to a given address, Zes will do its best to ensure that the order is dispatched to that address within 2 working days of confirming the order. The carrier will attend that address between 08:00 and 18:00 on working days and will hand over the package(s) to the addressee or anyone else present at that address. If no one is there, a message will be left at the address stated, which can be used to arrange another delivery attempt, either to the same address or to one of the collection points.

Should the customer fail to arrange for redelivery within two weeks of confirming the order, or should they be unavailable when the redelivery is made, the order will be returned to Zes automatically. Zes will then contact the customer to arrange for the order to be delivered, in which case the customer may be asked to pay additional delivery costs.

Products ordered will be delivered to the delivery address as stated by the customer during the ordering process and subject to the terms and conditions described therein.

Zes reserves the right to split orders into one or more deliveries as products become available. Each delivery will be accompanied by an email notification. Deliveries will be accompanied by a delivery note detailing the goods delivered.

Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Zes will send a new shipment entirely at its expense if the product is still available or refund the value of the order, including transport costs. The risks of loss and/or damage pass to the customer on delivery.

Article 9 – Right to Revoke and Returns

The customer may notify Zes within 14 calendar days of receiving the product that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to provide any reasons.

The customer must cancel the complete order or a part of the order by sending a request through the contact form and including the following information: order number, date of order, shipping address, and products (including the name, color, and size of each item) and their quantity.

When the customer revokes the order or part of the order, the products must be sent back within 14 days of informing Zes.

The right to revoke in respect of products delivered applies only if the product is sent back within 14 calendar days of the customer notifying Zes that they wish to revoke their purchase. Zes will wait to refund the customer until Zes receives legitimate proof that the product has been sent to the address below or when the product arrives at the address below. The product revoked must be sent back as new in its original packaging, in perfect condition, and accompanied by the original sales invoice (of which the customer retains one copy) and a completed return document. Any returns for which the sender cannot be identified will be refused. 14 days after the customer received the order, Zes can no longer accept notifications from customers who want to revoke their order.

Returns must be sent to the following address:

Muinklaan 67, 9000 Gent, Belgium

The costs and risks involved in returns will be borne by the customer.

Within 14 days of the customer reporting the return of the product, and if the products have arrived at the address above or the customer can provide proof that they have sent the products, the purchase price, including the shipping costs, will be refunded. Under no circumstances can the amount repaid ever exceed what the customer actually paid.

Such refunds will be made as follows:

If a customer has paid for their order by credit card, having examined the products returned, the credit card used by the customer to pay for the products returned will be credited, less the sums due or the sales vouchers or discounts used to pay for the order. The customer will be refunded in accordance with the procedures agreed with the bank which issued the card. If the customer paid for their order by some other form of payment, except coupons and vouchers, the refund will be made by being credited to the bank account number stated on the return voucher.

If discount coupons or vouchers are used, this amount can never be requested back in currency.

When the customer paid with a gift voucher, the order will be refunded in the same way. The gift voucher will first be upgraded, and the remaining amount will be refunded by being credited to the bank account number stated on the return voucher.

Article 10 – Statutory Warranty & Complaints Procedure

Zes warrants that the products offered for sale do not suffer from any visible or latent defects which render the product impossible or dangerous to use.

This warranty is without prejudice to the statutory rights the customer has under their national legislation.

The customer is guaranteed against any non-compliance that exists when a product is delivered and manifests itself within one year of being delivered. This one-year period will be suspended for as long as it takes to repair or replace the product or should Zes and the customer be involved in negotiations with a view to settling matters amicably.

Customers must contact customer service immediately should they wish to invoke this warranty and must notify Zes of the non-compliance via customer service in writing within two months of discovering the defect.

Under no circumstances does the warranty apply to products that are damaged intentionally or by the customer's negligence; nor does it apply if the damage is due to incorrect use or wear and tear.

Customers can contact customer service for any queries related to the warranty.

If the customer has a complaint, they can contact customer service. Zes will make every effort to answer all queries as soon as possible.

Providing this warranty and customer support is important to Zes. Therefore, all acts that may negatively affect customer service are forbidden, such as reselling the products, relabeling the products, or exporting them outside the European Union for commercial purposes. The products are sold for private purposes only.

The costs incurred by Zes for verifying compliance with the prohibition of export for commercial purposes outside the European Union will be borne by the customer in case of infringement. Zes also reserves the right to suspend or even refuse a sale if there is a prima facie indication that this prohibition is not respected.

Article 11 – Intellectual Property Rights

All elements (referred to hereinafter as the 'elements'), including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalog, photos, images, videos, and music on the site are protected by copyright, database rights, trademark rights, patent rights, and all other forms of intellectual property rights worldwide. They thus remain the exclusive property of Zes. They may not be copied, published, imitated, or used in any other way in any form whatsoever without Zes's prior written consent. Such consent must be obtained unless Zes itself has made it possible to share certain elements via social networks, in which case consent will be limited to the specific elements and social networks for which Zes has made sharing possible. Any infringements will be pursued in the courts.

Article 12 - Liability

Zes cannot be held liable for any damage to the customer's systems incurred through visiting the sites, including being hacked or exposed to computer viruses.

Zes cannot be held liable for any errors in photographs or text used in describing products on the sites.

Zes cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including force majeure, disturbances, or suspension of transport, postal or communication services, flood or fire, accidents, or inherent network risks.

If Zes is held liable, its liability will be limited to the amount the customer actually paid for the order concerned.

Whilst Zes tries to ensure that all details, descriptions, and prices on its sites are accurate, errors may occur. If Zes discovers an error in the price of any products ordered, Zes will inform the customer as soon as possible and provide the option of confirming the order at the correct price or canceling it. If Zes cannot contact the customer, the order will be canceled, and the customer will receive a full refund if they have already paid.

Article 14 – Varying General Terms and Conditions of Sale and Nullity

Zes may vary the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the website will apply to all subsequent offers and orders.

Zes reserves the right to vary the design and content of its website at any time.

Should any court decision result in any of the articles or paragraphs of these general terms and conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of these terms or the agreement between the parties.

Article 15 – Feedback

The seller welcomes comments and feedback. All feedback and comments can be sent to the seller through the contact form.

Article 16 – Giveaway Rules

All giveaway rules are published through our official social channels being; @zesthebrand on Instagram and TikTok & Zes The Brand on Facebook. Giveaways are not in partnership with Meta or TikTok.