Terms of service

SALES TERMS AND CONDITIONS OF WWW.YAYA.NL

1. DEFINITIONS

1.1. Reflection period: the period when the Customer may take advantage of the right to withdraw from the agreement, lasting for 14 days from the date of receiving the product(s);
1.2. Consumer: a natural person not acting within the framework of conducted commercial activities or a company, concluding a remote agreement with the Seller;
1.3. Day: a calendar day;
1.4. The right to withdraw from the agreement: the Consumer's right to withdraw from the agreement concluded remotely, within the period defined as the Reflection period;
1.5. Seller: legal entity offering products and/or services provided remotely to the Consumer as defined in Article 2 hereof.
1.6. Agreement: the agreement where, within the framework of the system of remote product sale organised by the Seller, one or more remote communication channels are used for all actions including conclusion of the agreement;
1.7. General Terms and Conditions of Sale: general terms and conditions of providing services and deliveries by the Seller.

2. IDENTITY OF THE SELLER

2.1. Seller: YAYA Webshop B.V. (limited liability company) with its registered office in Halfweg, the Netherlands, being the user of the present General Terms and Conditions of Sale; Address: Haarlemmerstraatweg 95 w (1165 MK) Halfweg; Telephone: +31 20 2050600; E-mail: service@yaya.nl; Registration number in the Trade Chamber: 58122745; VAT number: 8528.84.114

3. APPLICATION

3.1. The present General Terms and Conditions of Sale are applicable to all offers of the Seller, all orders of the Consumer and all Agreements concluded remotely between the Seller and the Consumer.
3.2. The General Terms and Conditions of Sale will be provided to the Consumer before conclusion of the Agreement. If it is reasonably impossible, information will be provided before conclusion of the Agreement that the General Terms and Conditions of Sale are available at the Seller's for review and upon request of the Consumer they will be immediately sent to the Consumer free of charge.
3.3. If the Agreement is concluded in electronic form, as a deviation from the above point, the content of the General Terms and Conditions of Sale may be sent to the Consumer by electronic mail before conclusion of the Agreement so that the Consumer could easily record them on a data carrier. If it is reasonably impossible, information will be provided before conclusion of the Agreement, about the location where the Consumer may review the General Terms and Conditions of Sale in electronic form and that they will be sent to the Consumer free of charge upon its request by electronic mail or in another manner.
3.4. The Consumer is obliged to accept the General Terms and Conditions of Sale before conclusion of the Agreement and if the General Terms and Conditions of Sale are not accepted by the Consumer, the Agreement cannot be concluded.

4. PROMOTIONS

4.1. All promotions of the Seller are not binding unless stated otherwise and all promotions can be cancelled by the Seller.
4.2. Promotions are not automatically applied to further orders and the Seller reserves the right to change promotional prices.
4.3. The following duration of promotions is applicable: until consuming all stocks, or for the period specified at the website. If the period of the promotion ended, the promotion legally expires and the Consumer may not take advantage of such promotion.
4.4. The offer contains full and detailed description of the offered products. The description is detailed enough to enable the Customer to properly assess the offer. If the Seller uses illustrations, they reliably present the offered products. Obvious errors or mistakes in the offer are not binding for the Seller.

5. ORDERS

5.1. The Consumer may place orders as described at the website www.yaya.nl.
5.2. The Seller may reject an order or add special conditions to performance of the Agreement if there are reasonable grounds to do so.
5.3. The Seller never accepts orders where the Consumer's place of residence cannot be determined.
5.4. If the Seller did not accept an order or wishes to add special conditions to performance of the Agreement, the Consumer will be notified by the Seller within 7 working days after receiving the order from the Consumer.
5.5. The Seller, in accordance with the provisions of law, may search for information whether the Consumer is able to meet its payment liabilities and also about any other facts and factors that are significant during responsible conclusion of the Agreement. If the Seller has justified reasons to refrain from concluding the Agreement based on the obtained information, it is authorised to reject the order or the offer or add special conditions to performance of the Agreement.

6. CONCLUSION OF THE AGREEMENT

6.1. Subject to the provisions of Article 5, the Agreement enters into force when the Consumer, meeting the conditions specified in the Agreement, submits an order to the Seller based on its offer, which is equal to acceptance of the offer by the Consumer.
6.2. The Seller confirms receipt of the order by electronic mail. Unless the order was confirmed, the Consumer may terminate the Agreement.

7. PRICES, PAYMENTS AND SHIPMENT COSTS

7.1. The prices specified at www.yaya.nl are in euros and include VAT but not shipment costs, unless otherwise specified or agreed in writing.

7.2. A contribution to the shipment costs is notified to the Consumer separately, before the order is placed. This contribution may depend on the size of the order.

7.3 For orders of above €49.95, no shipment costs need to be paid.

7.4. The Consumer may pay for the ordered products in advance using the IDEAL platform or a credit card. The Consumer may also pay 50% of the total purchase price in advance and 50% at the moment of receipt. However, additional costs should be taken into account.
7.5. In the case of payment with a credit card, the Seller reserves the right to check whether the credit card is valid, whether there are sufficient resources to collect the purchase price and/or whether the Consumer's address information is correct. The Seller reserves the right to refuse the payment with a credit card.
7.6. The Seller begins delivery of the product after receiving the entire purchase amount or 50% of that amount.
7.7. If the Consumer did not pay the purchase price on time, the Seller sends the first notice to the Consumer free of charge, requesting payment within 14 days. If after that period the Seller still does not receive the payment from the Consumer, the Seller sends the second notice to the Consumer and the amount of EUR 13.50 for out-of-court fees is added to the open payment balance. If the Seller did not receive the payment from the Consumer after the second notice, the Seller may transfer the claim to a third party. If the Seller begins debt collection activities, the Consumer is obliged to reimburse all reasonably incurred court and out-of-court costs of debt collection to the Seller.

8. DELIVERY AND RISK

8.1. The Seller uses all efforts in order to properly accept the orders and send the ordered products.
8.2. The Seller sends accepted and paid orders as soon as possible, in the order of their receipt.
8.3. The order is delivered to the address specified by the Consumer. The Seller uses all efforts in order to send the orders within 48 (forty eight) hours after their acceptance and payment. The specified delivery periods are approximate and do not constitute the final deadlines. The Seller is not responsible for prolongation of the delivery period.
8.4. If performance of an order is delayed or if an accepted and paid order cannot be executed as a whole or in part, the Consumer will be notified at the latest 14 days after submitting the order. In such case, the Consumer may terminate the Agreement free of charge. If the Consumer already paid for the ordered products, in the case of termination of the Agreement the Seller will reimburse the received amount as soon as possible, however not later than two weeks after written termination of the Agreement. The Consumer is obliged to receive the purchased products when they are made available to it by the Seller.
8.5. The Consumer is obliged to receive the products in the agreed location(s), at the moment when they are delivered by the Seller or when the Seller ordered their delivery to the Consumer, or at the moment when they are made available in accordance with the Agreement. If the Consumer did not meet that requirement, it will be charged with the related costs including shipment costs mentioned in par. 7.1 and 7.2.
8.6. If the Consumer refuses or delays provision of information or instructions necessary for performance of the delivery, the products to be delivered will be stored at the risk and expense of the Consumer.
8.7. If the Consumer provided a wrong delivery address, the Seller may charge the Consumer with additional shipment costs.
8.8. Failure to meet the agreed delivery deadline does not provide the Consumer with a right to receive compensation, terminate the Agreement or refrain from performing any of the obligations arising from that or any related agreement for the Consumer, subject to the provisions of par. 8.4.
8.9. Delivery of the purchased products is made to the address provided by the Consumer while submitting the order. If the Consumer is not at home at the moment of delivery, the Seller may leave the products at the Consumer's neighbours.
8.10. The Seller uses all efforts so that the website www.yaya.nl contains the most updated information. Should any of the products unexpectedly become unavailable, the Seller should contact the Consumer with respect to that case within 14 days after order submission.
8.11. The risk of losing and/or damaging the products is charged on the Seller until the moment of delivery, unless specified otherwise.

9. THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT AFTER PRODUCT DELIVERY

9.1. The Consumer may terminate the Agreement without justification within 14 days from the date of receiving the product(s).
9.2. During the reflection period, the Consumer is obliged to handle the product(s) and package(s) with due care. The Consumer may unpack or use the product only to the extent required in order to assess whether the Consumer wishes to keep the product. If the consumer exercises the right to withdraw from the Agreement, it is obliged to return the product to the Seller together with all related accessories, in its original condition and package.
9.3. If the Consumer wishes to exercise its right to withdraw from the Agreement, it should return the product(s) in the period specified in par. 9.1. to the following address: YAYA Webshop B.V., Haarlemmerstraatweg 95, 1165 MK Halfweg, using the attached return form.
9.4. The returned product(s) have to be in the condition compliant with the ordinary wear and tear for the needs of trying on which is usually performed at a store and should have all original labels and/or tags. If the quality of the product deteriorated and/or original labels and/or tags were removed, the Seller reserves the right to charge the amount of product purchase or not reimburse that amount.
9.5. Within fourteen days following receipt of the returned product, the Seller will refund the purchase amount, provided the product concerned is undamaged, has not been worn, has not been washed and not been used or processed and provided it has its original packaging and labels. If the Consumer exercises his or her right of withdrawal and has already paid the shipment costs for the order, the return costs are covered by the original shipment costs. If no shipment costs have been paid as of yet, then the return costs shall be covered by the Consumer. Jewellery, swimwear and lingerie may only be taken back if they are in their unopened packaging and the hygienic seals have not been removed.

10. COMPLAINTS

10.1. All deliveries are insured by the Seller. If the Consumer detects damage of the package before opening the parcel with the ordered product(s), it should directly contact the Seller. If the Consumer opened the parcel before detecting the damage, such information should be specified in the return form.
10.2. The Consumer is obliged to check whether the products are compliant with the Agreement while receiving the delivery. If that was not done, the Consumer should notify the Seller in writing, providing justification, as soon as possible and at the latest 14 days from the date of delivery of the product or from the moment it was reasonably possible to detect the irregularity.
10.3. Minor irregularities allowed in business or unavoidable due to technical reasons, concerning quality, colours, size, weight, finishing, design etc. do not constitute the grounds for complaints.
10.4. If it was proven that the products are not compliant with the Agreement, the Seller may choose to replace the products with new ones provided that the defective ones are returned, or to reimburse the amount on the invoice to the Consumer.

11. OWNERSHIP TITLE

11.1. The Seller remains the only owner of the delivered products until the moment the full purchase amount is paid.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. Intellectual Property Rights related to texts, illustrations, designs, data files, photographs and other illustrations (movable or immovable), formats, software, trademarks, domain names and other materials resulting from the website www.yaya.nl belong to the Seller, its licensors, manufacturers of the related products and/or third parties to which YAYA is related.
12.2. The Consumer may not publish or copy the website www.yaya.nl (or any of its parts) in any way. The Consumer may not introduce changes to the delivered products unless it was agreed otherwise because of the type of delivered product. The Consumer may provide the link to www.yaya.nl only for informational purposes in reference to the Consumers. Providing the link for other purposes, including commercial purposes, is strictly forbidden.

13. MISCELLANEOUS

13.1. Any discrepancies with the present General Terms and Conditions of Sale may be agreed by the Consumer and the Seller in writing only. No rights may be derived from such discrepancies in reference to future legal relations and agreements. Administrative data of the Seller hold evidence power in reference to enquiries and/or orders submitted by the Consumer. The Consumer states that electronic communication may serve as evidence. The Seller may transfer rights and obligations arising from the Agreement with the Consumer to a third party after single notification sent to the Consumer. Should one or more of the provisions of the General Terms and Conditions of Sale or any agreement with the Seller be against any of the provisions of the applicable law, such provision becomes invalid and is replaced by another provision which is allowed by the law and created by the Seller.

14. GOVERNING LAW AND JURISDICTION

14.1. The General Terms and Conditions of Sale and the related agreements/disputes are subject to Dutch law only.
14.2. Any disputes referring to the Agreement or the manner of its performance by the Consumer and the Seller, which could not be resolved amicably by the Parties, should be submitted to the competent court with jurisdiction over the place of residence of the Consumer.

15. YAYA MEMBERSHIP PARTICIPATION

15.1 Welcome to the loyalty programme of YAYA Webshop B.V., established at 95 Haarlemmerstraatweg, 1165 MK Halfweg and registered in the Trade Register of the Chamber of Commerce under number ("Loyalty programme"). By becoming a YAYA Member, you confirm your acceptance of these General Conditions.
15.2 YAYA membership is free of charge and no purchases are necessary in order to become a YAYA Member.
15.3 By becoming a YAYA Loyalty Programme Member you can save up for exclusive gifts and discounts on YAYA items and for other surprise extras to be defined in future by YAYA.
15.4 You can become a YAYA member by creating a personal account (“Account”) via this link https://yaya.eu/account/register. during the online order process or in the YAYA store.
15.5 When you create an account, as a YAYA member you will receive a one-off 100 points.
15.6 As a logged in member, we give you a personalised experience of the YAYA brand, including personalised offers and recommendations sent out via email, in app notifications or in your social media feed, where applicable. As a YAYA member, you will receive digital receipts for your purchases in our physical stores and online, you will have access to your purchase history in your YAYA membership account ("My Account") which is accessible via yaya.nl
15.7 By creating an Account as a YAYA member, you give YAYA explicit consent to process your personal data. In the Privacy Statement https://yaya.eu/policies/privacy-policy you can find information about how YAYA processes your personal data and how you can withdraw the consent you give to YAYA for the processing of personal data.

16. YAYA MEMBERSHIP

16.1 YAYA membership is limited to people who act on a personal basis and not in the capacity of a company, who have a current valid email account and are considered by the local legislation in the country concerned or region of residence as adults, or who are 16 years old and have the consent of their parent(s), guardian or legal representative, as applicable. YAYA reserves the right to request written confirmation of said consent.
16.2 By submitting an application for YAYA membership, you confirm that you are an adult or 16 years old and that you have the consent of your parent(s), guardian or legal representative, as applicable, and that you accept these General Conditions.
16.3 Your YAYA membership is personal, non-transferable and governed by these General Conditions and all other YAYA rules, conditions, policy rules and procedures as approved by you in participating in offers, rewards, purchases and other related services. YAYA applies a limit of one YAYA membership per person and per registered email address.
16.4 Companies, groups, associations or other bodies - or others who make commercial or bulk purchases - are not eligible for a YAYA membership. YAYA membership may not be used for resale or for generating profit.
16.5 You are responsible for keeping your email address and contact details up to date and it is a condition of your YAYA membership.
16.6 You are responsible for all activities that are carried out via your membership account. This means that you are yourself responsible for keeping your login details - such as email address and password - safe and private. We recommend that you use a unique password that is not used for another account. In case of fraud connected to your password or account, we recommend that you change it quickly or contact customer service via member@yaya.eu for further assistance.
16.7 YAYA membership is a national programme and is limited to purchases made online on yaya.eu, yaya.nl and in physical YAYA stores. You can only save points by shopping as a logged-on member. Please note that you do not save points by purchasing gift cards or with purchases made during YAYA sample sales.
16.8 The points that you have saved are personal and cannot be transferred to other people or YAYA members.
16.9 The points that you have received by purchasing an item will be deducted from your Account if you return the item.
16.10 To save points, you must show your YAYA Member ID linked to your YAYA membership to the YAYA sales representative, where applicable, or log into My Account before you make the purchase. You can view your points balance at any time by going to My Account.

17. POINTS AND VOUCHERS

17.1 For every euro spent on a YAYA item, you receive 1 point. The points are directly credited to My Account.
17.2 Once you have saved 250 points, you will be issued a voucher for €10 (ten euros). You will receive the voucher within 30 days of your last purchase via the email address you provided. You can use the voucher both in YAYA stores and online in the YAYA webshop.
17.3 A voucher is only valid for 3 months following date of issue and shall expire after this period. After the expiry date you cannot make any further claims on the voucher.
17.4 Vouchers cannot be exchanged for cash or gift cards, nor may they be used for purchases that are worth less than the value of the voucher. The purchase amount after applying the voucher must be higher than €1.
17.5 The voucher must be spent in one go and may not be exchanged for cash or a gift card. You can use several vouchers per purchase;
17.6 Each voucher may only be redeemed once and is applied to all items in the purchase. The discount is distributed over the items in such a way that the discount proportion per item remains the same for all items in the purchase. The respective discount of the individual items of a purchase is retained, even if some items of the purchase are returned. The voucher discount benefit is not redistributed over the remaining items of a purchase in the event of a return.
17.7 In the event of a return, you will receive a new voucher of the same value as the redeemed (exchanged) voucher. Only the amount paid for the item is compensated, not the voucher saving. If you activate the voucher for use in a physical YAYA store, the voucher must be redeemed at the checkout within 15 minutes of activation, after which it will be irrevocably erased and expire. Printouts or screenshots of the voucher will not be accepted.
17.8 The vouchers cannot be used to purchase YAYA Giftcards or applied to earlier purchases.
17.9 The points you save shall expire 12 months after issue. Saved points are not transferable.

18. MODIFICATION, TERMINATION OR REMOVAL FROM THE YAYA LOYALTY PROGRAMME

18.1 You can cancel your YAYA membership at any time via My Account or by contacting customer service via member@yaya.eu. Bear in mind that cancelling your YAYA membership means that you can only shop with us via 'check out as guest'.
18.2 If you cancel your YAYA membership, all points in My Account are cancelled.
18.3 At any time it deems fit, YAYA can terminate, change, restrict, suspend or modify the Loyalty programme and/or the General Conditions, in the event of changes to the applicable legislation, changes to the services provided by YAYA or the introduction of new services. Any such change shall enter into force within 14 days starting from the date on which you are notified of such a change in My Account, at yaya.nl via mail or a combination thereof. If you do not accept the changes, you have the right to terminate your YAYA membership.
18.4 YAYA reserves the right to make small changes to the Loyalty programme and the General Conditions without notifying you, provided that such changes do not have a significant negative effect on the YAYA membership. Make sure you stay up to date with the General Conditions. You can always find the latest version of the General Conditions at yaya.nl.
18.5 Any breach of the rules of the Loyalty programme, proven or suspected fraud, failure to comply with the General Conditions, inactivity on the account, the provision of false data or any action that harms YAYA’s interests may lead to termination and/or affect the possibility of participating in the Loyalty programme, including but not limited to a change in payment methods. If your participation in the Loyalty programme is terminated, all points saved on the My Account page will automatically expire.
18.6 YAYA reserves the right to change payment methods and/or terminate or restrict access to accounts on the following grounds. Grounds for changing, terminating or restricting the payment method are among others, but not exclusively, the following: (1) abnormally frequent and/or high numbers of return shipments; (2) behaviour from which it is clear that the intention seems to be to sell our products on and/or to make a profit by purchasing our products; or (3) multiple accounts and/or registration of a new account by previously suspended users. For the same reasons, we reserve the right to cancel orders made while you were shopping as a guest. If your access is restricted or your order is cancelled and you think that we have made an error, please contact customer service via member@yaya.eu.

19. LIABILITY

19.1 YAYA is not liable for the failure or poor functioning of the Loyalty programme or the effects thereof. YAYA is not liable for any loss or damage as a result of a suspension, change or termination or in any other way with respect to the Loyalty programme, except for any liability that cannot be excluded by law.

20. APPLICABLE LAW AND COMPETENT JUDGE

20.1 These General Conditions and any disputes arising therefrom are exclusively governed by Dutch law, irrespective of international private law. However, if you live in a country other than the Netherlands, these General Conditions may be governed by the compulsory consumer protection laws and regulations that apply in the country of your residence and which may give you additional rights. Any dispute, claim or controversy arising from or in connection with these General Conditions or your YAYA membership will be settled by the competent judge in the legal region of the Netherlands in which you reside, unless specified otherwise in the applicable binding laws in your country of residence.
20.2 The invalidity or unenforceability of individual clauses of these General Conditions shall have no effect on the validity of the other clauses of these General Conditions. In such cases, the invalid or unenforceable clause shall be replaced by the parties with an effective or enforceable new clause.

21. CONTACT

21.1 If you have any questions regarding the Loyalty programme, please contact YAYA customer service via member@yaya.eu. All correspondence regarding the Loyalty programme must be addressed to Customer Service via member@yaya.eu.