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. Please read them carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

Definitions

Ydence Company: based in Amsterdam and registered with the Chamber of Commerce under registration number 34348355, trading under the name Ydence Company.

Website: the Ydence Company website, which can be consulted via www.ydence.com and all associated subdomains.

Customer: the natural person who, not acting in the exercise 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, of which the General Terms and Conditions form an integral part.

General Terms and Conditions: these General Terms and Conditions.

Article 1. Applicability of General Terms and Conditions

1.1. All offers, Agreements, and deliveries of Ydence Company are subject to the General Terms and Conditions, unless explicitly agreed otherwise in writing.

1.2. If the Customer includes provisions or conditions in their order, confirmation, or communication that deviate from, or are not included in, the General Terms and Conditions, these are only binding on Ydence Company if and to the extent that they have been explicitly accepted by Ydence Company in writing.

1.3. In the event that specific product or service terms and conditions also apply in addition to these General Terms and Conditions, those terms also apply; however, in the event of conflicting terms, the Customer may always invoke the applicable provision that is 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 government-imposed levies.
2.2. If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. Furthermore, these costs will be shown separately in the ordering process.
2.3. The content of the Website has been compiled with the greatest care. However, Ydence Company cannot 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 typing errors.
2.4. Ydence Company cannot be held responsible for (color) deviations resulting from screen quality.

Article 3. Formation of the Agreement

3.1. The Agreement is formed at the moment the Customer accepts the offer from Ydence Company and complies with the conditions set by Ydence Company.
3.2. If the Customer has accepted the offer electronically, Ydence Company will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
3.3. If it appears that incorrect data has been provided by the Customer upon acceptance or otherwise entering into the Agreement, Ydence Company has the right to fulfill its obligation only after the correct data has been received.
3.4. Ydence Company may, within legal frameworks, check whether the Customer can meet their payment obligations, as well as check all facts and factors that are important for entering into the Agreement responsibly. If, on the basis of this investigation, Ydence Company has good grounds for not entering into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as prepayment.

Article 4. Registration

4.1. To make optimal use of the Website, the Customer can register via the registration form/account sign-up option on the Website.
4.2. During the registration procedure, the Customer chooses a username and password with which they can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable 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 logs in to the Website is actually that Customer. Everything that happens via the Customer's account is the responsibility and risk of the Customer.
4.4. If the Customer knows or suspects that their login details have come into the hands of unauthorized persons, they must change their password as soon as possible and/or notify Ydence Company, so that Ydence Company can take appropriate measures.

Article 5. Execution of the Agreement

5.1. As soon as the order is received by Ydence Company, Ydence Company will send the products as soon as possible, subject to the provisions in paragraph 3 of this Article.
5.2. Ydence Company is entitled to engage third parties in the performance of the obligations arising from the Agreement.
5.3. In principle, the delivery period is 1-3 working days. The method of delivery can take place in various ways 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. In that case, the Customer can agree to a new delivery date or they will be given the option to dissolve the Agreement free of charge.
5.5. Ydence Company advises the Customer to inspect the delivered products and to report any defects discovered within a reasonable time, preferably in writing. See further the Article regarding warranty and conformity.
5.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products transfers to the Customer. If explicitly agreed otherwise, the risk transfers to the Customer earlier. If the Customer decides to pick up the products, the risk transfers upon transfer of the products.
5.7. Ydence Company is entitled to deliver a similar product of similar quality to the ordered product if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and return the product free of charge.

Article 6. Right of withdrawal

6.1. This article only applies to the Customer who is a natural person not acting in the exercise of their profession or business.
6.2. The Customer has the right to dissolve the Agreement concluded at a distance with Ydence Company within 14 days after receipt of the product, without giving reasons, free of charge.
6.3. The period starts on the day after the Customer, or a third party designated by them in advance, who is not the carrier, has received the product, or:
if the Customer has ordered several products in one order: the day on which the Customer, or a third party designated by them, received the last product;
if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by them, received the last shipment or part;
for Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by them, received the first product.
6.4. Only the direct costs for the return shipment are for the account of the Customer. The Customer must therefore bear the return costs themselves. If these costs are higher than the regular postal rate, Ydence Company will provide an estimate of these costs. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer upon return of the entire order.
6.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The Customer will only open the packaging and use the product only to the extent necessary to check the nature, characteristics, and operation of the products. The principle here is that this inspection may not go further than what the Customer could do in a physical store.
6.6. The Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
6.7. The Customer can dissolve the Agreement in accordance with the period set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Ydence Company, or by making it known to Ydence Company in another unambiguous manner that they are cancelling the purchase. In the event of a digital notification, Ydence Company will confirm receipt of that notification. After dissolution, the Customer has another 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration for withdrawal is enclosed.
Products can be returned to:
Ydence Company
Stormhoek 22
1506 SW, Zaandam
6.8. Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same manner as the Customer paid for the order. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Ydence Company does not have to refund the additional costs for the more expensive method. Unless Ydence Company offers to collect the product itself, Ydence Company may wait with repayment until Ydence Company has received the product or until the Customer demonstrates that they have returned the product, whichever is earlier.
6.9. On the Website, information about whether or not the right of withdrawal applies and any desired procedure will be clearly stated in good time before the Agreement is concluded.

Article 7. Payment

7.1. The Customer must make payments to Ydence Company according to the payment methods indicated in the ordering procedure and possibly on the Website. Ydence Company is free to choose the payment methods offered and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.

Article 8. Warranty and conformity

8.1. This article only applies if there is a Customer who is not acting in the exercise of their profession or business. If a separate warranty is given on the products by Ydence Company, this applies to all types of Customers, notwithstanding the foregoing.
8.2. Ydence Company guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Ydence Company also guarantees that the product is suitable for use other than normal use.
8.3. If the delivered product does not comply with the Agreement, the Customer must notify Ydence Company thereof within a reasonable time after discovering the defect.
8.4. If Ydence Company considers the complaint well-founded, the relevant products will be repaired, replaced, or reimbursed after consultation with the Customer. The maximum reimbursement is, taking into account the Article regarding liability, equal 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 regarding warranty and conformity) and/or about other aspects of the services provided by Ydence Company, they can submit a complaint to Ydence Company by telephone, by e-mail, or by post. See the contact details at the bottom of the General Terms and Conditions.
9.2. Ydence Company will provide a response to the Customer's complaint as soon as possible, but in any case within 2 days after receipt of the complaint. If it is not yet possible to provide a substantive or final response, Ydence Company will confirm the complaint within 2 days after receipt of the complaint and provide an indication of the period within which it expects to provide a substantive or final response to the Customer's complaint.
9.3. A Customer who is not acting in the exercise of their profession or business can also submit a complaint via the European Online Dispute Resolution platform, which can be reached at 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. Dutch law applies to the Agreement.
11.2. Insofar as not otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Ydence Company is established.
11.3. If a provision in these General Terms and Conditions proves to be void, this does not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will establish a new provision(s) as a replacement, which will give effect to the intent of the original provision as much as legally possible.
11.4. In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

Should 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 BV
Stormhoek 22
1506 SW Zaandam

E-mail: info@ydence.com
Phone number: +31 (0)75 210 2033

Chamber of Commerce: 82487944
VAT: NL862489945B01