Terms and Conditions

General Terms and Conditions Zelesta

Zelesta (Ecom Nomad B.V.) is registered with the Chamber of Commerce under number 83117083 and is located at Amersfoortsestraat 65 (3769AE) in Soesterberg.


Table of Contents – General Terms and Conditions Zelesta

  • Article 1 - Definitions

  • Article 2 - Applicability

  • Article 3 - The Offer

  • Article 4 - Formation of the Agreement

  • Article 5 - Execution of the Agreement

  • Article 6 - Delivery

  • Article 7 - Packaging and Transport

  • Article 8 - Import and Export Restrictions

  • Article 9 - Inspection, Complaints

  • Article 10 - Prices

  • Article 11 - Payment and Collection Policy

  • Article 12 - Retention of Title

  • Article 13 - Warranty

  • Article 14 - Product Usage Instructions

  • Article 15 - Suspension and Dissolution

  • Article 16 - Limitation of Liability

  • Article 17 - Force Majeure

  • Article 18 - Transfer of Risk

  • Article 19 - Intellectual Property Rights

  • Article 20 - Privacy, Data Processing and Security

  • Article 21 - Complaints

  • Article 22 - Applicable Law


Article 1 - Definitions

1. In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:

2. Offer: Any written offer to Customer for the supply of Products by Seller, to which these terms and conditions are inextricably linked.

3. Business: The natural or legal person acting in the exercise of a profession or business.

4. Consumer: The natural person not acting in the exercise of a profession or business.

5. Customer: The Business or Consumer who enters into an Agreement (at a distance) with Seller.

6. Agreement: The (distance) purchase agreement for the sale and delivery of Products purchased by Customer from Zelesta.

7. Products: The Products offered by Zelesta include bedding, bed textiles (toppers, pillows) and related products.

8. Seller: The supplier of Products to Customer, hereinafter: Zelesta.


Article 2 - Applicability

1. These general terms and conditions apply to every Offer by Zelesta and every Agreement between Zelesta and a Customer, and to every Product offered by Zelesta.

2. Before an Agreement (at a distance) is concluded, the Customer will be provided with these general terms and conditions. If this is not reasonably possible, Zelesta will inform the Customer of the manner in which the general terms and conditions can be consulted, which are in any case published on Zelesta's website, so that the Customer can easily save them on a durable medium.

3. In exceptional situations, deviations from these general terms and conditions are possible if this has been explicitly and in writing agreed with Zelesta.

4. These general terms and conditions also apply to supplementary, amended and follow-up agreements with the Customer. Any general and/or purchasing conditions of the Customer are expressly rejected.

5. If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled, the remaining provisions remain in force and the null/annulled provision(s) will be replaced by a provision with the same intent as the original provision.

6. Ambiguities regarding the content, interpretation or situations not regulated by these general terms and conditions are to be assessed and interpreted in the spirit of these general terms and conditions.

7. Where these general terms and conditions refer to she/her, this should also be understood as a reference to he/him/his, where applicable.


Article 3 - The Offer

1. All offers made by Zelesta are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this is explicitly stated in the offer. An Offer only exists once it has been recorded in writing.

2. The Offer made by Zelesta is non-binding. Zelesta is only bound by the Offer if the Customer's acceptance is confirmed in writing within 14 days, or if the Customer has already paid the amount owed. Nevertheless, Zelesta has the right to refuse an Agreement with a potential Customer for a well-founded reason.

3. The Offer contains a detailed description of the offered Product and its associated prices. The description is sufficiently detailed to enable the Customer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Zelesta. Any images and specific data in the Offer are indicative only and cannot serve as grounds for any claim for damages or dissolution of the Agreement. Zelesta cannot guarantee that the colours in the image exactly match the actual colours of the Product.

4. Delivery times and deadlines stated in the Offer are indicative and do not entitle a Customer who is a Business to dissolution or damages in the event of non-compliance, unless explicitly agreed otherwise. For a Customer who is a Consumer, if Zelesta does not deliver within the agreed deadline, the Consumer may set Zelesta a reasonable additional period and, if delivery does not occur within that period, has the right to dissolve the Agreement (Art. VI.43, §2 WER [verification needed: exact reference]).

5. A composite quotation does not oblige Zelesta to deliver part of the items included in the offer at a corresponding partial price.

6. If and to the extent an offer applies, this does not automatically apply to repeat orders. Offers are only valid while stocks last and on a first-come-first-served basis.


Article 4 - Formation of the Agreement

1. The Agreement is formed at the moment the Customer accepts an Offer from Zelesta by paying for the relevant Product.

2. An Offer may be made by Zelesta via the website.

3. If the Customer has accepted the Offer by entering into an Agreement with Zelesta, Zelesta will confirm the Agreement with the Customer in writing, or at least by email.

4. If the acceptance (on minor points) deviates from the Offer, Zelesta is not bound by it.

5. Zelesta is not bound by an Offer if the Customer could reasonably have expected or should have understood that the Offer contains an obvious mistake or error. No rights can be derived from such a mistake or error.

6. The right of withdrawal is excluded for a Customer who is a Business. A Customer who is a Consumer has the right to exercise the right of withdrawal within 30 calendar days after the day of receipt of the Product. If withdrawal applies, the Customer will handle the Product and packaging with care. The Customer will only unpack or use the Product to the extent necessary to assess its nature, characteristics and functioning. The direct costs of returning the Product are borne by the Customer unless otherwise stated. Zelesta makes a model withdrawal form available on its website, in accordance with Annex 2 to Book VI WER.

7. Promotions cannot be combined. The Customer is responsible for determining which promotion is more advantageous. If the Customer has made a choice during the order, the discount cannot be changed.


Article 5 - Execution of the Agreement

1. Zelesta will execute the Agreement to the best of its knowledge and ability.

2. If and to the extent that proper execution of the Agreement requires it, Zelesta has the right to have certain work carried out by third parties at its own discretion.

3. The Customer ensures that all information which Zelesta indicates is necessary, or which the Customer should reasonably understand is necessary for the execution of the Agreement, is provided to Zelesta in a timely manner. If the necessary information is not provided to Zelesta in time, Zelesta has the right to suspend execution of the Agreement.

4. In executing the Agreement, Zelesta is not obliged to follow the Customer's instructions if this would change the content or scope of the Agreement. If the instructions result in additional work for Zelesta, the Customer is required to reimburse the additional costs accordingly.

5. Zelesta may require security from the Customer before proceeding with execution of the Agreement, or may require full advance payment.

6. Zelesta is not liable for damage of any kind arising from Zelesta acting on incorrect and/or incomplete information provided by the Customer, unless this incorrectness or incompleteness was known to Zelesta.

7. The Customer indemnifies Zelesta against any claims by third parties who suffer damage in connection with the execution of the Agreement that is attributable to the Customer.


Article 6 - Delivery

1. Delivery to a Customer who is a Business is in principle Ex Works (Zelesta delivers the Products by making them available to the Customer in the warehouse), unless explicitly agreed otherwise.

2. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Customer has not or not timely provided all requested information, provides insufficient cooperation, payment has not been received by Zelesta in time, or other circumstances beyond Zelesta's control cause delay, Zelesta is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never absolute deadlines. The Customer must notify Zelesta in writing and grant a reasonable period to still deliver. A Customer who is a Business is not entitled to any damages due to the delay. The statutory rights of a Customer who is a Consumer regarding untimely delivery remain unaffected.

3. The Customer is obliged to take delivery of the goods at the time they are made available pursuant to the Agreement, even if offered earlier or later than agreed.

4. If the Customer refuses to take delivery or fails to provide information or instructions necessary for delivery, Zelesta is entitled to store the goods at the Customer's expense and risk.

5. If the Products are delivered by Zelesta or an external carrier, Zelesta is entitled, unless agreed otherwise in writing, to charge delivery costs. These will be invoiced separately unless explicitly agreed otherwise.

6. If Zelesta requires data from the Customer for execution of the Agreement, the delivery period does not commence until the Customer has made all required data available to Zelesta.

7. If Zelesta has stated a delivery period, this is indicative. Longer delivery periods apply for deliveries outside the Netherlands.

8. Zelesta is entitled to deliver goods in instalments, unless otherwise agreed or if partial delivery has no independent value. Zelesta is entitled to invoice such partial deliveries separately.

9. Deliveries are only made if all invoices have been paid, unless explicitly agreed otherwise. Zelesta reserves the right to refuse delivery if there are well-founded concerns about non-payment.


Article 7 - Packaging and Transport

1. Zelesta undertakes to properly package the goods to be delivered and to secure them in such a way that they arrive in good condition under normal use.

2. Unless otherwise agreed in writing, all deliveries include VAT, packaging and packaging materials.

3. Accepting goods without remarks on the bill of lading or receipt serves as proof that the packaging was in good condition at the time of delivery.

4. Every Customer who is a Business is deemed to be in possession of any required import and/or payment licences. The absence or withdrawal of such licences does not release the Customer from the obligation to take delivery as agreed. If goods are sold by Zelesta without customs clearance, this does not entitle the Customer to cancel the order.

5. The risk of hostilities is always borne by the Customer who is a Business.

6. If a Customer who is a Business agrees that ordered goods will be delivered directly from abroad, all risk of (incorrect, untimely or non-)delivery is entirely borne by the Customer.


Article 8 - Import and Export Restrictions

1. The Customer understands that the Products may be subject to import and export controls of the country in which the delivery address is located. The Customer must comply with all applicable laws and regulations regarding import and export controls.

2. Any restrictions or requirements may vary depending on the time and Products.

3. The Customer indemnifies Zelesta upon first request for any damage and/or loss suffered by Zelesta (including all costs, taxes, fines, expenses and levies) resulting from the Customer's failure to comply with import and export control regulations.


Article 9 - Inspection, Complaints

1. A Customer who is a Business is not entitled to return Products, unless otherwise agreed.

2. A Customer who is a Consumer is obliged to inspect the delivered goods at the time of delivery, but at the latest within 30 days of receipt, and only to unpack or use them to the extent necessary to assess whether the Customer will retain the Product. The Customer must verify that the quality and quantity of the delivered goods correspond with the Agreement and that the Products meet the requirements applicable in normal commercial transactions.

3. The Customer is obliged to examine and inform themselves of the correct manner of use of the Product and, when using it personally, to test the Product in accordance with the instructions for use. Zelesta does not accept liability for improper use of the Product by the Customer.

4. For a Customer who is a Business: visible defects or shortages must be reported to Zelesta in writing within 30 days of delivery. Non-visible defects or shortages must be reported in writing within 30 days of discovery. For a Customer who is a Consumer: statutory rules for consumer purchases apply. The Consumer must notify Zelesta of a defect within a reasonable time after discovery. If a defect manifests within two years of delivery, it is presumed to have existed at the time of delivery, unless Zelesta proves otherwise or this presumption is incompatible with the nature of the Product or the defect (Art. 1649quater, §4 old Civil Code, implementing Directive (EU) 2019/771).

5. For a Customer who is a Business: return of defective goods only takes place after prior written consultation with Zelesta. For a Customer who is a Consumer: in the event of a defective Product, the Consumer is entitled to free repair or replacement, unless this is impossible or cannot reasonably be required of Zelesta. In that case, Zelesta bears the necessary costs of repair, replacement or return.

6. If a Consumer exercises the right of withdrawal, the Consumer returns the Product and all included accessories, where reasonably possible, in their original condition and preferably in the original packaging to Zelesta. The Consumer is asked to follow Zelesta's return instructions. Return costs, including under the sleep guarantee, are borne by the Consumer, unless the Product is defective or non-conforming. In that case, the necessary return costs are borne by Zelesta.

7. Zelesta is entitled to investigate the authenticity and condition of the returned Products before a refund takes place.

8. Upon withdrawal, we refund the payments we received from the Consumer for the Products to which the withdrawal relates. If the Consumer withdraws and returns the entire order, we also refund the standard delivery costs of the original order. If the Consumer returns only part of the order, the original delivery costs are not refunded. Refunds take place as soon as possible and no later than 14 days after the day we received the withdrawal statement. We may delay the refund until we have received the Products or until the Consumer has demonstrated that the Products have been returned, whichever is earlier. Refunds are made using the same payment method as the original transaction, unless the Consumer has explicitly agreed to a different method.

9. If a Customer who is a Business exercises their right of complaint, they are not entitled to suspend their payment obligations or to offset outstanding invoices.

10. In the event of an incomplete delivery and/or if one or more Products are missing, and this is attributable to Zelesta, Zelesta will, upon request by the Customer, either send the missing Product(s) or cancel the remaining order. The order confirmation is decisive in this regard. Any damage suffered by the Customer as a result of the (deviating) scope of delivery cannot be recovered from Zelesta.


Article 10 - Prices

1. During the validity period of the Offer, the prices of the offered Products will not be increased, except in the event of changes in VAT rates.

2. Prices stated in the Offer are inclusive of VAT, unless explicitly stated otherwise.

3. The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as import and export duties, freight and unloading costs, insurance and any levies and taxes.

4. If Products or raw materials are subject to price fluctuations in the financial market over which Zelesta has no influence, Zelesta may offer these Products at variable prices. The Offer will then state that the prices are indicative and may fluctuate.


Article 11 - Payment and Collection Policy

1. Payment should preferably be made in advance in the currency invoiced via the indicated method.

2. The Customer cannot derive any rights or expectations from a previously issued estimate, unless parties have explicitly agreed otherwise.

3. The Customer must pay in full to the account number and details communicated by Zelesta. Parties may only agree on a different payment term with Zelesta's explicit and written consent.

4. If a periodic payment obligation has been agreed, Zelesta is entitled to adjust applicable prices and rates in writing with a notice period of 3 months.

5. In the event of liquidation, bankruptcy, seizure or suspension of payment of the Customer, Zelesta's claims against the Customer become immediately payable.

6. Zelesta has the right to apply payments made by the Customer first to reduce costs, then to reduce accrued interest, and finally to reduce the principal sum and running interest. Zelesta may, without being in default, refuse a payment offer if the Customer designates a different order of allocation. Zelesta may refuse full repayment of the principal sum if the accrued and running interest and costs are not simultaneously paid.

7. If the Customer fails to meet their payment obligation and has not paid within the 14-day payment period, a Customer who is a Business is in default. A Customer who is a Consumer will first receive a written notice with a 14-day period from the date of the notice to still fulfil the payment obligation, including a statement of extrajudicial costs if the Consumer fails to comply within that period, before being placed in default.

8. From the date of default, Zelesta will, without further notice, claim statutory (commercial) interest from the first day of default until full payment and reimbursement of extrajudicial costs in accordance with Belgian law, including the statutory interest rate and reasonable collection costs (Art. 1153 old Civil Code / Book 5 new Civil Code [verification needed: entry into force]; Law of 2 August 2002 on combating late payment in commercial transactions, where applicable).

9. If Zelesta has incurred higher or additional costs that are reasonably necessary, these costs are eligible for reimbursement. Judicial and enforcement costs are also borne by the Customer.


Article 12 - Retention of Title

1. All goods delivered by Zelesta remain the property of Zelesta until the Customer has fulfilled all obligations arising from all Agreements concluded with Zelesta.

2. The Customer is not authorised to pledge or otherwise encumber the goods subject to retention of title if ownership has not yet fully transferred.

3. If third parties seize the goods delivered under retention of title or wish to establish or exercise rights thereon, the Customer is obliged to notify Zelesta as soon as reasonably possible.

4. In the event that Zelesta wishes to exercise its ownership rights as stated in this article, the Customer hereby unconditionally and irrevocably grants Zelesta or third parties designated by Zelesta permission and authorisation to enter all locations where Zelesta's property is located and to retrieve those goods.

5. Zelesta has the right to retain the Product(s) purchased by the Customer if the Customer has not (fully) met their payment obligations, notwithstanding an obligation to transfer or deliver. Once the Customer has fulfilled their obligations, Zelesta will endeavour to deliver the purchased Products as soon as possible, and no later than within 20 working days.

6. Costs and other (consequential) damages resulting from the retention of the purchased Products are borne by and at the risk of the Customer and will be reimbursed to Zelesta upon first request.


Article 13 - Warranty

1. Zelesta guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable expectations of the Customer, normal usability, and the applicable statutory rules and regulations at the time of the formation of the Agreement.

2. For a Customer who is a Consumer, statutory rights under consumer purchase and non-conformity apply in full. These statutory rights are not limited by commercial warranties, manufacturer's warranties, instructions for use or other provisions in these general terms and conditions.

3. Additional commercial warranties only apply if explicitly agreed in writing or offered by Zelesta. Product warranties do not extend beyond what has been expressly promised by Zelesta or the manufacturer, without prejudice to the statutory rights of Consumers.

4. If a Product does not conform to the Agreement, a Consumer is entitled to free repair or replacement, unless this is impossible or cannot reasonably be required of Zelesta. Zelesta carries out repair or replacement within a reasonable period and without serious inconvenience to the Consumer. In that case, the costs of repair, replacement or necessary return are borne by Zelesta. Art. 1649quinquies old Civil Code (implementing Directive (EU) 2019/771) stipulates that repair or replacement in consumer purchases may only be refused if it is impossible or would impose disproportionate costs on the seller [verification needed: exact reference and entry into force of new Civil Code].

5. If repair or replacement is impossible, does not occur within a reasonable period, or cannot be carried out without serious inconvenience to the Consumer, the Consumer has the statutory right to a price reduction or dissolution of the Agreement, provided the statutory conditions are met.

6. Zelesta does not offer any additional commercial warranty for damage arising from use contrary to the washing, maintenance or usage instructions, including washing products that are not suitable for machine washing or washing in a machine that is too small. This does not affect the statutory rights of Consumers in cases of non-conformity.

7. An additional commercial warranty lapses to the extent that the defect or damage was caused by:a. use contrary to the usage, washing or maintenance instructions;b. abnormal, careless or exceptional use;c. normal wear and tear;d. repair or modification work by the Customer or third parties without Zelesta's consent;e. use of products or agents other than those prescribed by Zelesta or the manufacturer;f. washing in a machine that is too small.This does not affect the statutory rights of Consumers in cases of non-conformity.


30-day sleep guarantee

8. Zelesta offers Consumers an additional 30-day sleep guarantee on duvets and pillows. This sleep guarantee is a commercial service on top of the statutory right of withdrawal and statutory rights in cases of non-conformity and does not limit these rights.

9. The sleep guarantee applies exclusively to duvets and pillows. Other products are not covered by the sleep guarantee, but may fall under the regular right of withdrawal or return policy if the applicable conditions are met.

10. Within 30 days of delivery, the Consumer may try out the duvet or pillow at home. If the Consumer is not satisfied, the Product may be returned within this period.

11. The Product must be carefully packaged for return, preferably in the original packaging.

12. If the Product is damaged, soiled or used in a manner that goes beyond normal home testing, Zelesta may deduct a reasonable reduction in value from the amount to be refunded. In the event of serious damage attributable to the Consumer, Zelesta may refuse the sleep guarantee, to the extent permitted by law.

13. In the event of a valid return under the sleep guarantee, Zelesta refunds the purchase price of the relevant duvet or pillow, unless the Consumer chooses a suitable alternative product. Refunds take place in accordance with the refund arrangements in these general terms and conditions.


Article 14 - Product Usage Instructions

1. The Customer must follow Zelesta's instructions and guidelines for the Products.

2. The Customer and third parties must refrain from modifying and/or repairing the Products themselves.


Article 15 - Suspension and Dissolution

1. Zelesta is entitled to suspend the fulfilment of its obligations or dissolve the Agreement if the Customer does not or not fully comply with the (payment) obligations under the Agreement.

2. Furthermore, Zelesta is entitled to dissolve the Agreement between it and the Customer, to the extent not yet performed, without judicial intervention, if the Customer does not, not timely, or not properly fulfil the obligations arising from any Agreement with Zelesta.

3. Zelesta is also entitled to (have the Agreement) dissolved without prior notice of default if circumstances arise such that fulfilment of the Agreement is impossible or can no longer reasonably be required under standards of reasonableness and fairness, or if circumstances arise such that unchanged continuation of the Agreement cannot reasonably be expected.

4. If the Agreement is dissolved, Zelesta's claims against the Customer become immediately payable. If Zelesta suspends fulfilment of its obligations, it retains its statutory and contractual claims.

5. Zelesta always retains the right to claim damages.


Article 16 - Limitation of Liability

1. To the extent permitted by law and without prejudice to the mandatory rights of Consumers, Zelesta's liability is limited as set out below.

2. Towards a Customer who is a Business, Zelesta's liability for direct damage is limited to the amount invoiced to the Customer in connection with the relevant Agreement, with a maximum of the amount paid out in the relevant case by Zelesta's liability insurance.

3. Towards a Customer who is a Business, Zelesta is not liable for indirect damage, consequential damage, loss of profit, loss of revenue, missed savings, reputational damage, business interruption or damage resulting from the use of the delivered Products, unless there is intent or deliberate recklessness on the part of Zelesta.

4. For a Customer who is a Consumer, statutory rights under consumer purchase, non-conformity, product liability and other mandatory consumer protection apply in full. This article does not limit these rights.

5. Zelesta is not liable for damage to Products caused by improper use, normal use, normal wear and tear, careless handling, failure to follow maintenance or usage instructions, washing contrary to washing instructions, use of a machine that is too small, drop damage, light or water damage, theft or loss, to the extent this damage cannot be attributed to Zelesta.

6. Zelesta is not liable for damage resulting from incomplete or incorrect information on the website or on linked third-party websites, unless there is intent or deliberate recklessness on the part of Zelesta.

7. Zelesta is not liable for temporary unavailability, disruptions or errors in the functionality of the website, email traffic or other digital systems, to the extent this cannot be attributed to Zelesta and to the extent permitted by law.

8. No limitation or exclusion of liability in these general terms and conditions applies to damage for which liability may not be excluded or limited under mandatory law, including damage caused by intent or deliberate recklessness of Zelesta, personal injury or death, product liability and statutory rights of Consumers in cases of non-conformity.

9. All claims by a Customer who is a Business arising from a failure by Zelesta lapse if they are not reported to Zelesta in writing with reasons within one year of the Customer being or reasonably being able to be aware of the facts on which the claim is based. For a Customer who is a Consumer, statutory limitation and complaint periods apply.


Article 17 - Force Majeure

1. Zelesta is not liable when, as a result of a force majeure situation, it cannot fulfil its obligations under the Agreement, nor can it be held to any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault and which, under the law, legal act or standards generally accepted in society, is not for its account.

2. Force majeure includes, but is not limited to, as understood in law and case law: (i) force majeure of Zelesta's suppliers, (ii) failure by suppliers recommended or designated by the Customer to properly fulfil their obligations, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failures, (vi) disruptions of internet, data networks and telecommunications (e.g. due to cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes within Zelesta's company, and (xi) other situations deemed by Zelesta to be outside its sphere of influence that temporarily or permanently prevent fulfilment of its obligations.

3. Zelesta is entitled to invoke force majeure if the circumstance preventing (further) performance occurs after Zelesta should have fulfilled its obligation.

4. Parties may suspend their obligations under the Agreement for the duration of the force majeure. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to compensate the other party for damages.

5. To the extent that Zelesta has already partially fulfilled its obligations under the Agreement at the time force majeure commences, or will be able to do so, and if the fulfilled or yet to be fulfilled part has independent value, Zelesta is entitled to invoice the already fulfilled or yet to be fulfilled part separately. The Customer is obliged to pay this invoice as if it were a separate Agreement.


Article 18 - Transfer of Risk

The risk of loss or damage to the Products that are the subject of the Agreement transfers to a Customer who is a Business at the moment the goods leave Zelesta's warehouse. For Consumers, the aforementioned risk transfers to the Customer when the Products are placed in the Customer's possession. This is the case when the Products have been delivered to the Customer's delivery address.


Article 19 - Intellectual Property Rights

1. All intellectual property rights and copyrights of Zelesta rest exclusively with Zelesta and are not transferred to the Customer.

2. The Customer is prohibited from disclosing, reproducing, modifying or making available to third parties any materials on which Zelesta's intellectual property rights and copyrights rest, without Zelesta's prior explicit written consent. If the Customer wishes to make changes to goods delivered by Zelesta, Zelesta must explicitly approve the intended changes.

3. The Customer is prohibited from using the Products on which Zelesta's intellectual property rights rest in any manner other than agreed in the Agreement.


Article 20 - Privacy, Data Processing and Security

1. Zelesta processes personal data of the Customer and visitors to the website(s) in accordance with the General Data Protection Regulation (GDPR) and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data. Zelesta is the data controller within the meaning of Art. 4(7) GDPR. Zelesta's privacy policy, which further describes the purposes of processing, legal bases for processing (Art. 6 GDPR), retention periods and data subject rights, is available on Zelesta's website.

2. If Zelesta is required under the Agreement to provide security for information, this security will comply with agreed specifications and a level of security that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable. Zelesta takes appropriate technical and organisational measures to protect personal data in accordance with Art. 32 GDPR.

3. The Customer has the right of access, rectification, erasure, restriction of processing, data portability and the right to object, in accordance with Articles 15 through 22 GDPR. Requests may be directed to the contact address stated in the privacy policy. Zelesta responds within the statutory period of one month to such requests.

4. If Zelesta has the Customer's personal data processed by third parties (processors), Zelesta concludes a data processing agreement with these third parties in accordance with Art. 28 GDPR.

5. Zelesta reports data breaches that pose a risk to the rights and freedoms of data subjects to the Data Protection Authority (DPA) within 72 hours of becoming aware of them, in accordance with Art. 33 GDPR. If the data breach poses a high risk to the data subject, the data subject is also informed (Art. 34 GDPR).


Article 21 - Complaints

1. Complaints about the execution of the Agreement or about Products can be submitted via info@zelesta.nl with the subject line 'Complaint'. Zelesta requests that Customers report complaints as soon as possible after discovery. For Consumers, this complaint procedure does not affect statutory rights, including rights in cases of non-conformity.

2. The complaint must be sufficiently substantiated and/or explained by the Customer in order for Zelesta to be able to handle it.

3. Zelesta will respond substantively to the complaint as soon as possible, and no later than 14 calendar days after receipt.

4. Parties will attempt to reach a joint solution.

5. In the event of complaints, the Customer must first contact Zelesta.

6. If the complaint is not resolved to the Consumer's satisfaction, the Consumer may contact the Consumer Ombudsman Service (Book XIV WER) or use the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.


Article 22 - Applicable Law

1. Belgian law applies to every Agreement between Zelesta and the Customer. The applicability of the (CISG) Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.

2. In the event of interpretation of the content and purport of these general terms and conditions, the Dutch text is always decisive. Zelesta may amend these general terms and conditions. Amended conditions only apply to new Agreements and do not apply to already concluded Agreements, unless the Customer explicitly consents to the amended conditions.

3. All disputes arising from or in connection with the Agreement between Zelesta and a Customer who is a Business will be settled by the competent court of the commercial court of the district of Zelesta's registered office [verification needed: fill in district]. For disputes with a Customer who is a Consumer, the court of the Consumer's place of residence is competent (Art. 624, 1° Judicial Code; Art. VI.83, 23° WER).


[Belgian registered office], 1 June 2026


Cookie Policy zelesta.nl

On this page we explain how Zelesta.nl uses cookies and similar technologies when you visit our website.


1. What are cookies?

Cookies are small text files stored on your device that remember information about your visit. They ensure the website functions correctly and provide a personalised experience.


2. Which cookies do we use?

  • Necessary cookies: These are essential for the functioning of the website.

  • Analytical cookies: Help us analyse and improve the use of the website.

  • Preference cookies: Remember your preferences, such as language settings.

  • Advertising cookies: Used to display relevant advertisements based on your browsing behaviour.


3. Consent

You can change or withdraw your consent for non-essential cookies at any time via the 'Change cookie settings' link at the bottom of every page. Withdrawing consent is just as easy as giving it.


4. Managing cookies

You can manage and delete cookies via your browser settings. Please refer to your browser's help function for guidance.

Via these cookies, it is tracked which websites you visit on the internet in order to build a personal profile. This profile is not linked to your name, address or email address known to us. The information is used solely to tailor advertisements to your profile so that they are as relevant as possible to you. Tracking cookies may be placed by the following third parties:

  • Alphabet/Google - Privacy Policy – Privacy & Terms – Google

  • Meta/Facebook/Instagram - Meta Privacy Policy & Data Policy | Instagram Help Center

  • DPG - DPG Privacy Portal


5. More information

For more information, please contact us at info@zelesta.nl.


Privacy Policy zelesta.nl

Our webshop processes privacy-sensitive data, i.e. personal data. Zelesta.nl attaches great importance to the careful handling of personal data. Personal data is therefore carefully processed and secured by us.

In our processing, we comply with the requirements of the General Data Protection Regulation (GDPR) and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data. This means, among other things, that:

  • We clearly state the purposes for which we process personal data. We do this via this privacy statement.

  • We limit our collection of personal data to only the personal data necessary for legitimate purposes.

  • We first ask for your explicit consent to process your personal data where required.

  • We take appropriate security measures to protect your personal data and also require this of parties that process personal data on our behalf.

  • We respect your right to access, correct or delete your personal data upon request.

We are the data controller. In this privacy statement, we explain what personal data we collect and use and for what purpose. We recommend that you read this carefully.


Use of personal data

When using our webshop, we obtain certain data from you. This may include personal data. We store and use only the personal data that is directly provided by you, in the context of the service you requested, or from which it is clear upon submission that it is provided to us for processing.

We use the following data for the purposes stated in this privacy statement:

  • Name and address details

  • Phone number

  • Invoice address

  • Email address

  • Payment details

  • IP address


Processing orders

When you place an order with us, we use your personal data to process it. If necessary for proper processing, we may also provide your personal data to third parties. You can read more about this further in this privacy statement.


Advertising

In addition to the information on our website, we may also keep you informed about our new products and services: by email and via social media.


Contact form and newsletter

We offer the possibility via our webshop to ask questions via a contact form, in which you are asked to provide various data in order to handle your question. You choose which data you provide. The data you send us will be retained for as long as is necessary for the complete answering and handling of the form or email content. We offer a newsletter to keep interested parties informed about our products and/or services. Each newsletter contains a link to unsubscribe. Your email address is only added to the subscriber list with your explicit consent.


Publication

We do not publish your customer data.


Advertisements

Our webshop displays advertisements.


Sharing with third parties

We may share your personal data with parties necessary for the execution of your order, payment, delivery, customer service or return processing. We do this only to the extent necessary for the execution of the agreement, compliance with legal obligations or our legitimate interest. For marketing, advertising and tracking purposes, we share personal data only where a valid legal basis exists, such as consent where legally required. With parties that process personal data on our behalf, we conclude a data processing agreement where required. Where a party is an independent data controller, we make appropriate arrangements for the protection of personal data.


Cookies

Our webshop uses cookies. Cookies are also placed by third parties engaged by us. When you visit our webshop for the first time, we request your explicit, active consent via a cookie banner for the placement of non-essential cookies (Art. 129 of the Belgian Act of 13 June 2005 on electronic communications in conjunction with Art. 7 GDPR). Without your active consent, only strictly necessary cookies are placed. You are free to disable cookies via your browser. Please note that our website may no longer function optimally as a result. We have made arrangements with third parties that place cookies regarding the use of cookies and applications. However, we have no full control over what the providers of these applications do with the cookies when they read them. For more information about these applications and how they handle cookies, please refer to the privacy statements of these parties (note: these may change regularly).


Google Analytics

We use Google Analytics to track how visitors use our webshop. We have concluded a data processing agreement with Google to make arrangements about the handling of our data. We do not allow Google to use the obtained Analytics information for other Google services. IP addresses are anonymised.


Security

We take security measures to limit misuse of and unauthorised access to personal data.


Retention periods

The personal data described above is retained for as long as necessary to process your orders, including warranty. After that, we retain data for a maximum of one year for the statistical purposes described. The data is then deleted, unless there is a statutory obligation requiring longer retention (such as the tax retention obligation of seven years for payment data).


Third-party websites

This privacy statement does not apply to third-party websites linked to our webshop. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend that you read the privacy statement of these websites before using them.


Changes to this privacy statement

We reserve the right to make changes to this privacy statement. We recommend consulting this privacy statement regularly to stay informed of any changes.


Accessing and modifying your data

For questions about our privacy policy or questions regarding access to and modification of (or deletion of) your personal data, you may contact us at any time using the details below. You may also send us a request to view, modify or delete this data. You may also submit a request for a data export of data we use with your consent, or state with reasons that you wish us to restrict the processing of your personal data. You always have the right to object to the use of your personal data for direct marketing (Art. 21(2) GDPR). Upon receipt of your objection, we will immediately cease using your data for that purpose. To prevent misuse, we may ask you to identify yourself adequately. When it concerns access to personal data linked to a cookie, you must include a copy of the relevant cookie. You can find this in your browser settings. If the data is incorrect, you may request us to modify or delete it.


Data Protection Authority (DPA)

We are of course happy to help you if you have complaints about the processing of your personal data. Under privacy law, you also have the right to lodge a complaint with the Data Protection Authority (DPA) regarding these processing activities. You can contact the Data Protection Authority (DPA) for this purpose.


Appendix I – Overview of our media partners

  • Alphabet/Google - Privacy Policy – Privacy & Terms – Google

  • Meta/Facebook/Instagram - Meta Privacy Policy & Data Policy | Instagram Help Center

  • DPG - DPG Privacy Portal