General Terms and Conditions for Yu.Tea
Definitions For the purposes of these conditions, the following definitions shall apply
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with Yu.Tea
Durable medium: any medium that the consumer of Yu.Tea enables the consumer to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products at a distance to consumers;
Distance contract: an agreement under which, within the framework of a system organized by the Entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and Entrepreneur being in the same room at the same time;
Article 2 – Identity of the Entrepreneur
Telephone number: 06.144.144.21
Access: Monday to Friday from 10.00 am to 5.00 pm
E-mail address: email@example.com
VAT number: NL141916060B01
Chamber of Commerce number: 69035652
Article 3 – Applicability
1. These general terms and conditions apply to every offer of Yu.Tea and to every distance contract concluded between Yu.Tea and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at Yu.Tea and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general conditions can be read electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer’s request.
4. In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Yu.Tea makes use of images, these are a true and fair representation of the products and/or services offered. Obvious errors or obvious errors in the offer shall not bind Yu.Tea.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions thereby set.
2. If the consumer has accepted the offer electronically, Yu.Tea will immediately confirm receipt of the acceptance of the offer electronically. As long as Yu.Tea has not confirmed the receipt of this acceptance, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Yu.Tea will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Yu.Tea will observe appropriate security measures.
4. Yu.Tea can – within legal frameworks – find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Yu.Tea based on this investigation, has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. Yu.Tea will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the e-mail address Yu.Tea where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding being excluded from the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these conditions, unless Yu.Tea has already provided this information to the consumer before the execution of the agreement;
Article 6 – Viewing period / right of withdrawal
1. In case of a consumer purchase, in accordance with the Distance Selling Act (article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to Yu.tea after this period has expired, the purchase is a fact. The customer is obliged, before proceeding to return the goods, to notify Yu.tea in writing within 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The return of the delivered goods is entirely at the customer’s expense and risk.
2. The goods must be returned in their original and unopened packaging and in a new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph lapses. Opened packaging will not be taken back; opening the packaging means that the buyer wishes (anyway) to keep the product(s). The buyer must bear the costs and risk of shipping.
3. Yu.Tea reserves the right to refuse returned products or to credit only a part of the amount paid if there is a clearly demonstrable suspicion that the product has already been used or the packaging has already been opened, or has been damaged by the buyer’s fault (other than that of Yu.Tea.).
4. If a product is returned that, in the opinion of Yu.Tea has suffered damage that can be attributed to an act or omission of the customer or is otherwise at the risk of the customer, Yu.Tea will inform the customer of this in writing (by letter or e-mail) Yu.Tea reserves the right to deduct the depreciation of the product as a result of this damage from the amount to be repaid to the customer.
5. With due observance of the provisions in 6.1, 6.2, 6.3 and 6.4, Yu.Tea will ensure that within 30 days after proper receipt of the return shipment, the full purchase amount including the calculated shipping costs is refunded to the customer.
Article 7 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, Yu.Tea may offer products or services whose prices are subject to fluctuations in the financial market and over which Yu.Tea has no influence, at variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if YU. has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
7. All prices on the site are in EURO’s and include 6% or 21% VAT.
8. When using discount codes at payment Yu.Tea checks whether the discount is correctly applied and therefore decides Yu.Tea whether the discount can be granted. In case of incorrect application Yu.Tea reserves the right to cancel the order.
Article 8 – Conformity and Warranty
1. Yu.Tea guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed Yu.Tea also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by Yu.Tea manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Yu.Tea on the basis of the agreement.
Article 9 – Offers
1. Offers are without obligation, unless otherwise stated in the offer.
2. Upon acceptance of an offer without engagement by the buyer, Yu.Tea reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
3. Verbal promises only bind Yu.Tea after they have been explicitly confirmed in writing.
4. Offers from Yu.Tea do not automatically apply to repeat orders.
5. Yu.Tea cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
6. Additions, changes and/or further agreements are only valid if agreed in writing.
Article 10 – Delivery and execution
1. Yu.Tea will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. YU. will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified of this within 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, Yu.Tea will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, Yu.Tea will make every effort to make a replacement article available. At the latest at the time of delivery, it will be clearly and comprehensibly reported that a replacement article will be delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of Yu.Tea.
6. The risk of damage and/or loss of products rests with Yu.Tea up to the moment of delivery to the consumer or a representative designated in advance and announced to Yu.Tea unless explicitly agreed otherwise.
8. Yu.Tea respects the privacy of the users of the website and ensures the confidential treatment of your personal information.
9. In some cases Yu.Tea uses a mailing list. Each mailing contains instructions to remove yourself from this list.
Article 11 – Payment
1. Unless otherwise agreed, the amounts due by the consumer must be paid within 14 days after the start of the cooling-off period.
2. The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to Yu.Tea
3. In case of non-payment by the consumer, Yu.Tea has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 12 – Complaints procedure
1. Complaints about the execution of the agreement must be submitted to Yu.Tea within 3 days after receipt, fully and clearly described, after the consumer has discovered the defects.
2. Complaints submitted to Yu.Tea will be answered within a period of 3 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Yu.Tea will respond within the period of 3 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
3. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement.
Article 13 – Applicable law/competent court
1. All agreements are governed by Dutch law.
2. Any disputes arising from an agreement between Yu.Tea and the buyer, which cannot be resolved in mutual consultation, will be submitted to the competent court within the district of Amsterdam, unless Yu.Tea prefers to submit the difference to the competent court of the buyer’s place of residence, and with the exception of those disputes that fall within the competence of the subdistrict court.
Amsterdam, november 2018