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GENERAL CONDITIONS YiY
Article 1 Definitions
Article 2 Company Information YiY
Article 3 Applicability
Article 4 The offer/ the product
Article 5 The contract
Article 6 Returns and exchanges / Right of withdrawal
Article 7 Costs in case of withdrawal
Article 8 The price
Article 9 Delivery and execution
Article 10 Conformity and Guarantee
Article 11 Payment
Article 12 Disputes
ARTICLE 1 – DEFINITIONS
In these General Conditions the following terms will have the following
Customer (“you”): The natural person not acting in the exercise of his profession or business
Customer Contract : Purchase contract between YiY and customer
Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication and customer is based in the EU.
Right of withdrawal: the option for EU-based Customers to withdraw from the distance contract within the reflection period
ARTICLE 2 – YIY
YiY is a trading name of the company owned by Felicienne Bloemers
Email: [email protected]
Chamber of Commerce: 63101041
VAT number: NL 156101762B01
ARTICLE 3 – APPLICABILITY
These General Conditions shall apply on all offers, orders and agreements done by YiY. No agreement can be created without your agreement of these General Conditions. The acceptance of an offer, placing an order or agreeing on a contract at YiY, implies that the applicability of these conditions is accepted.
Exceptions from these conditions can only be made in writing by YiY, in which case the other provisions shall remain in force.
ARTICLE 4 – THE OFFER / THE PRODUCT
- If an offer is of limited duration or if certain conditions apply, this is explicitly stated in the offer. All orders are subject to availability.
- The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable you to assess the products and/or services adequately. YiY makes every endeavour to ensure that the colours you see on the website correspond as much as possible to the actual products. Due to technical constraints, colours may not always be exactly the same.
- Obvious errors or mistakes in the offer are not binding for YiY.
- All product photography and specification are an indication and cannot be cause for indemnification or contract termination.
- As YiY uses natural products, these products will be unique and different from the product photography of these specific products as shown on the website. This is explicitly stated on the website and will not lead to any cause for indemnification or contract termination
ARTICLE 5 – THE CONTRACT
- The Distance or Customer contract takes effect from the moment the you have accepted the offer and fulfilled the terms and conditions set therein.
- In case you accepted the offer via electronic means, an order is placed by you and YiY shall promptly confirm the receipt of the acceptance of the order via electronic means. As long as the receipt of this acceptance has not been confirmed, the Customer may repudiate the contract.
- YiY is lawfully entitled to refuse an order or request.
- YiY shall have available the following information along with the product or service, in writing or in such a way that the you can store it in an accessible manner on a long-term data carrier:
- the address of YiY where you may get into contact for any complaints;
- the conditions for and the way in which you may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal
- the information corresponding to existing after-sales services and guarantees.
ARTICLE 6 – RETURNS AND EXCHANGES / RIGHT OF WITHDRAWAL
- When purchasing products and you are an EU-Customer you have the option to withdraw from the Distance Contract without specifying any reason for a period of 14 days (reflection period). This period starts on the day the product is received by or on behalf of you. After expiry of the reflection period the purchase agreement will come into force.
- During this period, you will handle the product and the packaging with care. You will only unpack or use the product to the extent necessary to judge whether you wish to keep the product. If you wish to exercise the right of withdrawal, you shall return the product with all delivered accessories in an unused, complete and, as far as reasonably possible, in the original condition and packaging to YiY in conformity with the instructions given by YiY.
- All other Customers may exchange items for a different item within 14 days, which is of course based on stock availability. Shipping is also free on the replacement item (note: not on the return of the original item of purchase). Please note that free shipping of a replacement does not include potential taxes and duties, which have to be carried by you.
- In case products have been made based on specific specifications from you, article 6.1, 6.2 and 6.3 are not applicable and you will not have a right of withdrawal.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
- Should you exercise the right of withdrawal, only the cost of the return shipment are at your expense.
- If you have made a payment to YiY, YiY shall return this amount as soon as possible, but within not more than 30 days after the return sending has been delivered to YiY.
ARTICLE 8 – THE PRICE
- The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, except in cases due to a raise of applicable VAT.
- YiY reserves the right tot change the prices and specifications without prior notification.
- All prices are quoted in euros (€), inclusive of applicable VAT in the Netherlands and exclusive of shipping costs and (custom) duties. Countries outside the European Union might demand an additional import duty that has to be paid at delivery. These import conditions/ duties differ per country and are to paid by you.
- In addition some countries have import restrictions on certain products or materials. You are responsible for determining if there are any restrictions on the delivery of YiY products to your destination.
ARTICLE 9 – DELIVERY AND EXECUTION
- YiY shall exercise the best possible care when handling and executing product orders.
- The place of delivery is the address given by you to YiY or in case of absence the local postoffice or delivery point.
- In case you order via the website and there is no shipping method available (yet) for your country, please contact YiY to get information about shipping possibilities and costs.
- YiY shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be fulfilled or can be fulfilled only partially, you will be informed about this within one month after ordering. In such cases, you are entitled to withdraw from the contract free of charge.
- Delivery terms are indicative. Exceeding these terms can never lead to a right of indemnification.
- In the event of repudiation under paragraph c, YiY shall return the payment made by you as soon as possible but at least within 30 days after withdrawal.
- If delivering an ordered product turns out to be impossible, YiY shall make an effort to offer an equivalent replacement product. Before delivery, you will be informed in a clear and comprehensible manner that a replacement product will be delivered. You may refuse this replacement with giving notice within 7 days after the foresaid notice.
- Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with YiY until the moment they are delivered to or on behalf of you.
ARTICLE 10 – CONFORMITY AND GUARANTEE/COMPLAINTS
- YiY guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
- All specifications, models and pictures with regard to the products are indications. Differences with regard hereto cannot give ground to justified claims.
- You will check the product directly after receipt. Complaints about the performance of the contract shall be submitted to YiY in writing (preferably via My Account), fully and clearly described at the latest within 14 days after you have received the product.
- YiY shall reply to the complaints within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, YiY shall respond within 14 days with a notice of receipt and an indication when you can expect a more detailed reply.
- In case of justified defects YiY shall either replace the product, repair the defect or shall return the purchase price and shipping costs, at her sole judgment.
ARTICLE 11 – PAYMENT
- Unless otherwise agreed, the amounts to be paid by you are paid in conjunction with the order.
- In case the order is placed via the webshop, the available payment methods are displayed.
- You have the duty to inform YiY promptly of possible inaccuracies in the payment details.
- In case of nonpayment on your part, and subject to legal restrictions, YiY is entitled to charge any predetermined reasonable costs to you.
ARTICLE 12 – DISPUTES
- Contracts between YiY and you, to which these General Conditions apply, are exclusively governed by Dutch law.
- Any and all disputes in relation with these terms and conditions shall be under the exclusive competence of the competent court in Amsterdam, the Netherlands.