Terms and Conditions

2.1 These terms and conditions apply to all current and future Agreements and/or actions performed by Zineps, excluding the Customer's general conditions.

2.2 The applicability of other general conditions, whether or not used by a customer, including purchase conditions, is expressly rejected, even if the Customer has previously referred to such conditions. The prior written consent of Zineps is required to declare all or part of other conditions than these general conditions applicable. If and to the extent that other general conditions are also applicable, these conditions will prevail if there is any inconsistency.

2.3 Deviations from these general conditions only apply if Zineps has expressly confirmed these in writing to the Customer. Any deviation from these general conditions that Zineps tolerates or tolerates at any time in favor of an existing or potential Customer never gives that Customer the right to later invoke or claim such a deviation as established for itself.

2.4 Zineps is always allowed to make interim unilateral changes to these general conditions. The customer can give: notice to terminate the Agreement if interim unilateral changes are made, without Zineps being obliged to pay any form of compensation to the Customer.

2.5 If any provision of these general conditions is invalid, null or unenforceable, is declared invalid, voidable or unenforceable, or is declared null and void, this does not affect the validity of the other provisions of these general conditions. The parties will in that case consult and agree, so that the relevant provision is replaced by valid, enforceable and legally valid provisions that approximate the purport of the original stock as closely as possible.

3.1 All Offers from Zineps are non-binding and can be withdrawn without any formality, even after acceptance by the Customer.

3.2 The Agreement, its amendments and additions are only binding on Zineps if Zineps has confirmed these in writing. The Agreement is only valid after it has been confirmed or signed by a representative of Zineps. Any commitments made by representatives of Zineps do not bind Zineps, unless and until Zineps has confirmed these in writing. An acceptance of an Offer that differs from the content of the Offer is considered a rejection of the original offer and a new offer that does not bind Zineps. This also applies if the acceptance varies from the Offer only to minor points. Agreements are entered into subject to the condition that information obtained by Zineps shows that the Customer: sufficiently creditworthy.

3.3 The Customer cannot cancel the Agreement without Zineps' written consent, unless the parties agree in writing to a compensation that the Customer will owe Zineps if Zineps accepts the termination of the Agreement.

3.4 Obvious errors, including but not limited to printing, typesetting or programming errors in Offers or on the Website, release Zineps from its performance obligation and from the obligation to compensate all resulting damage or loss, even after the Agreement has been concluded.

3.5 If an Offer includes multiple Products and/or Services and for each Product/Service or each group of Products/Services, the Offer is only valid as a whole and the Customer may not accept only part of the offered Products or Services for that price. Offers only apply to the specifically mentioned Products and/or Services and not to future orders, sales or deliveries.

3.6 If the Agreement is not recorded in writing and Zineps nevertheless starts executing with the Customer's consent, the content of the Offer will serve as the Agreement.

3.7 Until the Products and/or Services are delivered, Zineps can cancel the Agreement if it believes there are good reasons to do so, without being liable to pay any form of compensation. Notice of cancellation must be given in writing.

4.1 To use the Services or purchase Products, the Customer must register via the Website. Once Zineps the Customer, the Customer receives a confirmation email and can then use the Services and purchase Products. The scope of Article 6:227b BW is excluded. The Customer guarantees Zineps that the information provided by him: during registration is correct and complete and meets Zineps's prescribed specifications.

14.1 All intellectual property rights, such as trademarks and copyrights on the name Zineps, the Website and the software are: owned by Zineps or licensors. Any use of the above name, website, software or their content, including the complete or partial reproduction, publication, copying or storage of such content other than for own use by the Customer is prohibited without: Prior, specific and written permission from Zineps. The Customer may not resell or deliver the Services or Products purchased by him from Zineps to third parties without Zineps's prior, specific and written permission.

14.2 All intellectual property rights on the Products or Services delivered to the Customer belong exclusively to Zineps, its licensors or its suppliers. The Customer may not remove, modify or copy, or have a third party remove, modify or copy, any indication regarding the confidential nature or regarding copyrights, trademarks, trade names or any other intellectual property rights of or of the articles delivered by Zineps.

14.3 The Customer will acquire only the rights of use expressly granted under these general conditions, the Agreement and the law. A right of use to which the Customer is entitled is not exclusive and cannot be transferred, pledged or sublicensed.

15.1 If any part of these general conditions is considered invalid or otherwise unenforceable, this invalidity or unenforceability will not affect the other parts of these general conditions. The parties will continue to comply with the commitments and obligations that most closely approximate the effect of the invalid or otherwise unenforceable part, as well as by the terms of all other portions.

15.2 If the obligations set out in articles 4 (Confidentiality), 14 (Retention of Title) and 15 (Intellectual Property Rights) of these general conditions are violated, the Customer, without requiring a reminder or other prior notice, forfeits an immediately due and payable fine of € 10,000.00 (ten thousand euros) for each violation, increased by a fine of € 100.00 (one hundred euros) for each day or part of a day that the violation continues, insofar as it concerns a continuing violation, without the possibility of applying deduction, suspension or set-off in favor of Zineps or its successor(s) under general or special title. This applies notwithstanding Zineps's rights to compensation insofar as the damage or loss exceeds the due fine, the right to specific performance, the right to litigate (including any summary proceedings), the right to obtain a court order, and all its other rights under the law. Legal commercial interest is added to the fine and is due from the day on which the penalty becomes due and payable.

15.3 All actions performed by Zineps, including the agreements it enters into, are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) and/or other International Sales Conventions on movable property is expressly excluded.

15.4 All disputes arising from agreements concluded between Parties will be exclusively settled by the competent Dutch court in the judicial district of East Brabant.

15.5 These general conditions are drawn up in an English and a Dutch version. In case of discrepancy between the English and Dutch text, the Dutch text will be binding.