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General terms and conditions
Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our website. The General Terms and Conditions contain important information for you as a buyer. We recommend that you read them carefully and save or print them for future reference.
Definitions
Ydence Company: A company established in Amsterdam and registered with the Chamber of Commerce under registration number 34348355, trading under the name Ydence Company.
Website: the Ydence Company website, accessible via www.ydence.com and all associated subdomains.
Customer: a natural person who, acting outside the scope of a profession or business, enters into an Agreement with Ydence Company and/or has registered on the Website.
Agreement: any arrangement or agreement between Ydence Company and the Customer, to which these General Terms and Conditions are an integral part.
General Terms and Conditions: these General Terms and Conditions.
Article 1. Applicability of General Terms and Conditions
1.1. These General Terms and Conditions apply to all offers, Agreements, and deliveries of Ydence Company unless otherwise expressly agreed in writing.
1.2. If the Customer includes provisions or conditions in their order, confirmation, or other communication that deviate from or are not included in these General Terms and Conditions, they will only be binding on Ydence Company if and to the extent that they have been expressly accepted in writing by Ydence Company.
1.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions shall also apply. However, in the case of conflicting conditions, the Customer may always invoke the provision most favorable to them.
Article 2. Prices and information
2.1. All prices stated on the website and in other materials from Ydence Company include VAT and, unless otherwise stated on the website, other applicable government levies.
2.2. Any shipping costs will be clearly stated before the agreement is concluded and will be displayed separately during the ordering process.
2.3. The content of the website has been compiled with the utmost care. Ydence Company cannot, however, guarantee that all information on the website is correct and complete at all times. All prices and other information on the website and in other materials from Ydence Company are therefore subject to obvious programming and typographical errors.
2.4. Ydence Company is not responsible for (color) deviations due to screen quality.
Article 3. Formation of Agreement
3.1. The Agreement is concluded at the time of the Customer’s acceptance of Ydence Company's offer and compliance with the conditions set by Ydence Company.
3.2. If the Customer has accepted the offer electronically, Ydence Company will immediately confirm receipt of the acceptance electronically. Until such confirmation is received, the Customer has the option to withdraw from the Agreement.
3.3. If the Customer provides incorrect information upon acceptance or otherwise during the Agreement formation, Ydence Company has the right to only fulfil its obligations after the correct information has been received.
3.4. Ydence Company may, within legal frameworks, determine whether the Customer has fulfilled their payment obligations, as well as all other relevant facts and factors that are important for a responsible entering into the Agreement. If Ydence Company, based on this investigation, has valid grounds not to enter into the Agreement, it is entitled to reject the order or attach special conditions such as advance payment.
Article 4. Registration
4.1. To make optimal use of the website, the customer can register via the registration form or account login option on the website.
4.2. During the registration procedure, the customer selects a username and password for logging into the website. The customer is responsible for choosing a secure password.
4.3. The customer must keep their login details, username, and password strictly confidential. Ydence Company is not liable for misuse of the login details and may always assume that a customer who registers on the website is indeed that customer. All activities performed via the customer's account are the responsibility and risk of the customer.
4.4. If the customer knows or suspects that their login details have been compromised, they must change their password as soon as possible and/or notify Ydence Company so that appropriate measures can be taken.
Article 5. Execution of Agreement
5.1. Upon receipt of the order, Ydence Company will dispatch the products as soon as possible in accordance with the provisions of paragraph 3 of this Article.
5.2. Ydence Company may engage third parties to fulfill its obligations arising from the Agreement.
5.3. The delivery period is typically 1-3 working days. The method of delivery may vary and is at the discretion of Ydence Company.
5.4. If Ydence Company cannot deliver the products within the agreed period, it will inform the Customer and offer a new delivery date. Alternatively, the customer may terminate the Agreement free of charge.
5.5. Ydence Company advises the customer to inspect the delivered products and report any defects within a reasonable time, preferably in writing. See the warranty and conformity section for more information.
5.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where applicable, these products, is transferred to the customer. Unless expressly agreed otherwise, the risk is transferred earlier transfers to customer. If customer decides to collect the products, the risk is transferred upon transfer of the products.
5.7. Ydence Company reserves the right to supply a similar product of similar quality if the ordered product is no longer available. In such cases, the customer is entitled to terminate the Agreement free of charge and return the product at Ydence Company's expense.
Article 6. Right of withdrawal
6.1. This article only applies to the customer who is a natural person acting outside the scope of a profession or business.
6.2. The customer has the right to withdraw from the Agreement concluded remotely with Ydence Company within 14 days after receipt of the product, without giving any reason, free of charge.
6.3. The withdrawal period begins the day after the customer, or a designated third party, has received the product, or:
- If the customer has ordered multiple products in the same order: the day on which the customer, or a designated third party, has received the last product;
- If the delivery consists of different shipments or parts: the day on which the customer, or a designated third party, has received the last shipment or part;
- For Agreements concerning regular delivery of products over a specific period: the day on which the customer, or a designated third party, has received the first product.
6.4. Only the direct costs for returning the product are the responsibility of the customer. These costs will be borne by the customer unless they exceed the regular postal rates, in which case Ydence Company will provide an estimate of these costs. Any shipping and handling fees paid by the customer for the product will be refunded upon return of the entire order.
6.5. During the withdrawal period referred to in paragraph 1, the customer must handle the product and its packaging with care. The product may only be opened or used to the extent necessary to determine its nature, characteristics, and functionality—similar to what would be possible in a physical store.
6.6. The customer is liable only for any decrease in value of the product resulting from handling that exceeds what is necessary to establish its nature, characteristics, and functioning.
6.7. The customer may terminate the Agreement in accordance with the term set out in paragraph 1, by sending a clear statement to Ydence Company within the withdrawal period. This can be done via the model withdrawal form (available digitally) or any other unambiguous statement. Ydence Company will confirm receipt of the withdrawal notice. After termination, the customer has 14 days to return the product. It is also possible to return the product within the period specified in paragraph 1 of this article
cooling-off period to return the product immediately, provided that the model withdrawal form or other unambiguous statement of revocation is enclosed.
Products can be returned to:
Ydence Company
Stormhoek 22
1506 SW, Zaandam
6.8. Any amounts already paid by the customer will be refunded as soon as possible, but no later than 14 days after the Agreement is terminated. Refunds will be made using the same payment method chosen by the customer, unless otherwise agreed. If the customer opts for a delivery method more expensive than the cheapest standard delivery, the additional costs will not be refunded. Ydence Company may wait to refund until it receives the returned product or until the customer provides proof of having sent the product back, whichever is earlier.
6.9. The website will provide clear information about whether the right of withdrawal applies and any special procedures that may be required.
Article 7. Payment
7.1. The Customer must make payments to Ydence Company according to the order procedure and, if applicable, the payment methods indicated on the website. Ydence Company reserves the right to change its payment methods at any time.
7.2. If the Customer chooses to pay after delivery, they have a payment term of 14 days starting the day after delivery.
Article 8. Warranty and conformity
8.1. This article only applies if the customer is not acting in the exercise of their profession or business. Any separate warranty provided by Ydence Company applies to all types of customers.
8.2. Ydence Company guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or governmental regulations.
8.3. If the delivered product does not conform to the Agreement, the customer must notify Ydence Company within a reasonable period after discovering the defect.
8.4. If Ydence Company determines the complaint is justified, the relevant products will be repaired, replaced, or refunded after consultation with the customer. The maximum reimbursement is limited to the price paid by the customer for the product.
Article 9. Complaints Procedure
9.1. If the customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or the services provided by Ydence Company, they should submit this complaint via the contact options provided on the website.
9.2. Ydence Company will respond to the customer's complaint within 14 days of receipt. If the complaint requires a longer processing time, Ydence Company will reply within 14 days, confirming receipt and indicating when the customer can expect a more detailed response.
9.3. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the provisions of Article 10.
9.4. Customers who are not acting in the exercise of their profession or business can also submit a complaint via the European dispute resolution platform, accessible via http://ec.europa.eu/odr/.
Article 10. Personal data
10.1. Ydence Company processes the personal data of the customer in accordance with the privacy statement published on the website.
Article 11. Final provisions
11.1. The Agreement is governed by Dutch law.
11.2. Unless otherwise prescribed by mandatory law, all disputes will be
that may arise as a result of the Agreement shall be submitted to the competent. Dutch court in the district where Ydence Company is established.
11.3. If any provision in these General Terms and Conditions proves to be void, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will replace it with (a) new provision(s) determine, which as far as legally possible corresponds to the intention of the original provision is given shape.
11.4. In these General Terms and Conditions, “written” also includes communication by e-mail and fax. Understood, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Ydence Company
Stormhoek 22
1506 SW, Zaandam
Telephone: +31(0)752102033
E-mail: info@ydence.com
Chamber of Commerce number: 34348355
VAT number: NL070123354B01