Article 1. Definitions
1.1 In these General Terms and Conditions the following words shall have the following meaning, unless expressly stated otherwise or the context otherwise requires:
- YoY: the User of these General Terms and Conditions, registered at Amsterdam, Joan Melchior Kemperstraat 128-3, registered with the Chamber of Commerce under “KvK” number 34300429;
- Agreement: the agreement concluded through the Website
- Customer: the natural person acting for purposes other than the exercise of his professional or business activities and that concludes an Agreement with YoY through the Website
- Product: the product offered by YoY through the Website
- Website: the Website www.feng-shui-calendar.com
Article 2. General
2.1 The General Terms and Conditions contained herein apply to all Agreements between YoY and Customer concluded through the Website.
2.2 Any deviations to these General Terms and Conditions are valid only if agreed in writing or by email.
2.3 In case different conditions have been agreed for certain subjects covered by these General Terms and Conditions, these General Terms and Conditions will remain applicable to any remaining parts of the Agreement. Deviations agreed shall never apply to more than one Agreement.
2.4 In case one or more provisions of these General Terms and Conditions are void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by YoY, taking into account the purport and intention of the original provision(s) to the extent as possible.
Article 3. Offer
3.1 Offers are free of engagement.
3.2 The offer of YoY on the Website is valid as long as stocks last.
3.3 Offers do not automatically apply to future Agreements.
3.4 Apparent errors or mistakes in the offer on the Website are not binding on YoY.
3.5 The Product range offered on the Website is subject to change.
Article 4. Website
4.1 YoY does not guarantee that the Website will perform without any interruptions or errors or that all errors will be corrected.
4.2 YoY has the right to modify the Website at any point in time
Article 5. Conditions for use
5.1 When using the Website Customer shall act in such a way as may be expected from a responsible internet user exercising due care.
5.2 Customer is prohibited from circumventing or crack the security applications of the Website.
5.3 Customer is prohibited from using the Website in such a way that it affects the proper performance of computer systems of YoY or any third parties or that other users of the Website are interfered with respectively restricted as a result of that.
Article 6. Prices and shipping
6.1 Any prices stated on the Website are expressed inclusive of VAT, exclusive of shipping and exclusive of any import duties.
6.2 Shipping costs are clearly stated to Customer before Customer can confirm the order.
6.3 YoY has the right to modify its prices from time to time.
Article 7. Conclusion of Agreement
7.1 The Agreement is concluded after Customer has completed the entire order process through the Website and has clicked the button “Place order now”.
7.2 The Agreement shall not be concluded through the Website until after Customer has clicked the button confirming that he has approved of these General Terms and Conditions.
7.3 After the Agreement has been concluded through the Website, YoY will immediately send Customer a confirmation by email. This confirmation email will contain the order number and other information of Customer’s order. In case Customer has not received a confirmation email from YoY, Customer needs to contact YoY’s customer service.
Article 8. Payment
8.1 Customer is offered the following payment options:
- Direct Bank Trasnfer – prior to delivery: by transfer of the invoice amount to the IBAN account of YoY;
8.3 In case Customer does not pay in time a reminder shall be sent to Customer, requesting Customer to pay the outstanding invoice within a reasonable time. In case Customer does not pay the invoice within the time stated in the reminder, YoY is allowed to cancel the order without confirmation of Customer.
8.4 The Product will only be shipped after full payment has been received.
Article 9. Delivery and term of delivery
9.1 The Product will be sent to the address provided by Customer after payment has been received.
9.2 The term of delivery provided cannot be considered a final deadline.
9.3 If the Product can not be delivered to Customer, due to a wrongly stated adress in the order by Customer, any costs for resending the Product to Customer or returning the Product to YoY are for Customer.
9.4 The risk in the Product passes to the Customer at the time at which Customer has received the Product.
9.5 Customer himself is liable for any import duties, customs formalities and taxes in connection with the Product.
Article 10. Right of Withdrawal
10.1 Customer has the right to cancel the Agreement without stating reasons during 14 days. This term commences at the time at which Customer has received the Product from YoY.
10.2 In case Customer wishes to invoke his right of withdrawal, Customer must expressly notify YoY of this within 14 days after receipt of the entire order.
10.3 After Customer has invoked his right of withdrawal, Customer is required to return the Product to YoY within 14 days, subject to the condition that it is not used, not damaged and not modified, and – if reasonably possible – in its original packing.
10.4 Customer is obliged to affix sufficient postage to the parcel to be returned by Customer.
10.5 If the Products returned are damaged, incomplete or if they have been used, the amount which YoY will repay to Customer in accordance with article 10.7 will be reduced by the amount of this damage.
10.6 The risk in the return shipment lies with Customer.
10.7 In case of cancellation as described in this article YoY will refund any amounts already paid, excluding shipment for delivery within 14 days after Customer has invoked his right of withdrawal.
Article 11. Return address
11.1 Products must be returned to the following address:
Rudolstädter Weg 4
Article 12. Liability
12.1 Information and services mentioned on the Website may contain technical mistakes and/or typographical errors. YoY is not liable for such errors and/or mistakes.
12.2 The operation of the Website may be interrupted by for instance a malfunction or maintenance. YoY is not liable for damage in case of temporary unavailability of the Website.
12.3 YoY can never guarantee that the information on the Website is correct. YoY will make every effort to ensure that the accuracy of this information is as consistent as possible. Outside influences, for instance as a result of hackers, are always possible and may lead to distorted information. YoY is not liable for this distorted information.
12.4 YoY is not liable for damage of whatever kind caused by YoY acting upon incorrect and/or incomplete information provided by Customer.
12.5 YoY can in no way be made liable for the loss of a user name and password used by Customer. For that reason YoY cannot be made liable in case any unauthorized third parties use Customer’s log in codes.
12.6 The colours shown by Customer’s screen may differ from the actual Product colours. YoY is not liable for any minor colour differences.
12.7 YoY is not liable for any accidents involving or caused by the Product or damage caused to the Product as a result of for instance incorrect use, use not in accordance with the instructions for use.
12.8 YoY is not liable for loss or distortion of information due to transmission of the information by telecommunication facilities.
12.9 YoY does not accept any liability towards Customer for indirect or consequential damage, including but not limited to loss of information, profit, turnover or savings.
12.10 In case YoY is liable for any for any damage, the liability of YoY is limited to the amount of the payment made by the insurer of YoY. In case the insurer does not pay in any given case or the damage is not covered by the insurance, the liability of YoY is limited to the invoice amount or that part of the Agreement to which this liability applies.
12.11 The limitations of liability for direct damage contained in these General Terms and Conditions do not apply in case damage is caused by intent or deliberate recklessness on the part of YoY or its subordinates.
Article 13. Force Majeure
13.1 YoY is not obliged to observe any obligations under the Agreement or to pay any damages in case of Force Majeure. Force Majeure shall in any case include: non-attributable failure in performance on the part of third parties engaged, virus infection and unauthorized access by third parties, traffic obstructions, weather influences, internet malfunctions, power interruptions, fire, theft, government measures and any other situation beyond the (decisive) control of YoY.
13.2 In case YoY knows or suspects that it will be prevented to supply (part of the) order due to Force Majeure, YoY will inform Customer of that as soon as possible by email.
Article 14. Customer service and complaints
14.1 For questions about the order or submitting any complaints Customer can contact YoY via Yolanda van Zuijlen in the following ways:
through telephone, number +31 6 1 4 38 21 20
through email: address firstname.lastname@example.org or email@example.com
14.2 If possible, questions by telephone will be answered immediately. If that is not possible, Customer will be informed of the term within which Customer may expect a reply.
14.3 Complaints are settled by YoY in any case within 30 days.
Article 15. Privacy
15.1 YoY processes personal information in accordance with the Dutch Data Protection Act.
Article 16. Applicable law and competent court
16.1 Any rights, obligations, offers and Agreements to which these General Terms and Conditions apply, are governed by Dutch law exclusively.
16.2 Any disputes between Customer and YoY shall be submitted to the jurisdiction of the competent court of law in the district in which YoY has its registered place of business. After YoY has informed Customer in writing that it wishes to invoke this condition, Customer has the opportunity during one month to opt for settlement of the dispute by the court that is competent by virtue of the law.