TERMS & CONDITIONS
SALES TERMS AND CONDITIONS OF WWW.YAYA.EU
- 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: firstname.lastname@example.org; Registration number in the Trade Chamber: 58122745; VAT number: 8528.84.114
- 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.
- 4.1. 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.
- 5.1. 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 at the website www.yaya.nl are expressed in EUR and include VAT, but they do not include the shipment costs, unless specified otherwise or agreed otherwise in writing.
- 7.2. The shipment costs surcharge is specified to the Consumer individually, before placing the order. The surcharge may depend on the size of the order. The shipment costs surcharge is not reimbursed in the case of returning the products.
- 7.3. After submitting the order, the Consumer immediately receives a confirmation by e-mail containing all costs together with shipment costs.
- 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 14 days from the date of receiving the returned product, the Seller reimburses the purchase price provided that the product is not damaged, worn, washed, it was not used or amended and has the original package and tags. If the Consumer exercises the right to withdraw from the Agreement, it is not charged with the costs of return shipment. Returns of jewellery, swimwear and underwear can be accepted only if the products are packed and the hygienic protections were not removed.
- 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.
- 13.1. 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.