GENERAL CONDITIONS FOR YUNIKON
Trading under the following trade names: Yunikon, Chamber of Commerce: 09116659, VAT identification number NL001855641B85.
Article 1: Definitions
1.1 In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise. User / Entrepreneur: the user of the general terms and conditions. Client or Consumer: the user’s counterparty. Agreement: the agreement for services and consumer sales. Model withdrawal form: the European model withdrawal form, https://yunikon.org/withdrawal-form/.
Article 2: General
2.1 These terms and conditions apply to every offer, quotation and agreement between the user and a client (consumer) to which the user has declared these terms and conditions applicable, insofar as the parties have not deviated from these terms and conditions explicitly and in writing.
2.2 The present terms and conditions also apply to all agreements with the user for the implementation of which third parties must be involved.
2.3 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
2.4 The applicability of any other conditions of the client is explicitly rejected.
2.5 If one or more of the provisions in these general terms and conditions are null and void or should be destroyed, the other provisions of these general terms and conditions will remain fully applicable. The user and the client will then enter into consultation in order to agree on new provisions to replace the invalid or nullified provisions, whereby if and as far as possible the purpose and purport of the original provision will be taken into account.
Article 3: Offers and quotations
3.1 All offers are without obligation, unless a term for acceptance is stated in the offer. Print on demand can be annuled within 24 hours
3.2 The quotations made by the user are without obligation; they are valid for 14 days, unless stated otherwise. The user is only bound by the offers if the acceptance thereof is confirmed in writing by the other party within 14 days, unless indicated otherwise.
3.3 The prices in the aforementioned offers and quotations are in Euros and include VAT and other government levies, but exclude any costs to be incurred in the context of the agreement, including shipping and handling costs, unless stated otherwise.
3.4 Offers or quotations do not automatically apply to future orders.
Article 4: Execution / Delivery of the agreement
4.1 Subject to the provisions of article 3, the agreement is concluded at the moment the client accepts the offer and meets the corresponding conditions. User will execute the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm
receipt of the acceptance of the offer electronically.
4.2 If and insofar as required for the proper execution of the agreement, the user has the right to have certain activities carried out by third parties.
4.3 The client will ensure that all data, of which the user indicates that they are necessary or of which the client should reasonably understand that they are necessary for the execution of the agreement, are provided to the user in a timely manner. If the information required for the execution of the agreement is not provided to the user in a timely manner, the user has the right to suspend the execution of the agreement and / or charge the additional costs resulting from the delay to the client / customer according to the usual rates. to bring.
4.4 The user is not liable for damage, of whatever nature, because the user has assumed incorrect and / or incomplete information provided by the client / customer, unless this inaccuracy or incompleteness should have been known to the user.
4.5 Shipping costs Shipping takes place with POSTNL or DPD or another carrier engaged by the user, the rates below may change in the future, such changes can be stated in the delivery conditions, without adjusting the general conditions on this point. A package up to 10 kg wit an order amount over € 20, – free shipping within the Netherlands. A package of 0-10 kg. Value under € 15, – shippingcost, € 5.60 iclusief VAT. (All applicable for shipping within the Netherlands.) Different rates apply for shipping outside the Netherlands. The rates applied at that time are calculated and applied at checkout. With due observance of what is stated in Article 12 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
4.6 After dissolution, the entrepreneur will immediately repay the amount that the consumer has paid.
4.7 The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 5: The price
During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates. The prices stated in the offer of products or services include VAT.
5.1 Purchases via the webshop must be paid via one of the payment methods on the webshop, including Ideal, Mastercard, Visa,Klarna, Stripe or Paypal. Objections to the amount of the invoices do not suspend the payment obligation. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of
Article 6: the agreement
6.1 The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the non-payment within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 7: Collection costs
7.1 If the client is in default or fails to fulfill one or more of its obligations, all reasonable costs incurred in obtaining settlement out of court will be for the account of the client. If the client fails to pay a sum of money on time, he will forfeit an immediately payable fine of 15% on the amount still due. This with a minimum of € 40.00.
7.2 If the user has incurred higher costs, which were reasonably necessary, these also qualify for reimbursement.
7.3 Any reasonable judicial and execution costs incurred will also be borne by the client.
7.4 The client owes interest on the collection costs incurred.
Article 8: Research, complaints
8.1 Complaints about the work performed products must be reported to the user by the consumer within 8 days after discovery, but no later than 14 days in writing or by e-mail. The entrepreneur is not liable for the. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that the user is able to respond adequately.
8.2 If a complaint is justified, the user will supply the consumer with a replacement product.
8.3 If this is not possible, the user will only be liable within the limits of article 14. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
8.4 The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 9.A: Right of withdrawal
9.A.1 The consumer can dissolve an Print on Demand agreement regarding the purchase of a product without giving reasons during a reflection period of 1 days. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
9.A.2 The reflection period referred to in paragraph 1 starts a) on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times. b) if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part.
9.A.3 If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs
of this article.
9.A.4 If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 9.B: Obligations of the consumer during the reflection period
9.B.1 During the reflection period, the consumer will handle the product and packaging with care. He will not unpack or use the product, but return it unopened. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
9.B.2 The consumer is liable for depreciation of the product that is the result of handling the product that goes further than permitted in paragraph 1. The consumer is not liable for the depreciation of the product if the entrepreneur does not have all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 9.C: Exercise of the right of withdrawal by the consumer and costs thereof
9.C.1 If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
9.C.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
9.C.3 The consumer returns the product with all accessories supplied, in its original condition and packaging and unused, in accordance with the reasonable and clear instructions provided by the entrepreneur.
9.C.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
9.C.5 The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
9.C.6 If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9.D: Obligations of the entrepreneur in case of withdrawal
9.D.1 If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
9.D.2 The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
9.D.3 The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
9.D.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 9.E: Exclusion of right of withdrawal
9.E.1 The entrepreneur can exclude the following products from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
9.E.2 Products that have already been worn or washed. products that are damaged or dirty. products that have been handled in a bad way that they have
become unsellable upon return receipt.
9.E.3 Sealed products of which the seal has been broken after delivery
9.E.4 Products which, by their nature, are irrevocably mixed with other products after delivery.
Article 10: Suspension and termination
10.1 User is authorized to suspend compliance with the obligations or to dissolve the agreement if: Client does not or not fully comply with the obligations under the agreement. after the agreement has been concluded, the user becomes aware of circumstances that give good reason to fear that the client will not fulfill its obligations. the client was requested to provide security for the fulfillment of its obligations under the agreement when the agreement was concluded and this security is not provided or insufficient.
10.2 In addition, the user is authorized to dissolve the agreement or have it dissolved if circumstances arise of such a nature that fulfillment of the agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if circumstances arise in a different
manner. nature that unaltered maintenance of the agreement cannot reasonably be expected.
10.3 If the agreement is dissolved, the user’s claims against the client are immediately due and payable. If the user suspends the fulfillment of the obligations, he retains his rights under the law and agreement.
10.4 User always reserves the right to claim compensation.
Article 11: Liability
11.1 If the user should be liable, this liability is limited to what is regulated in this provision.
11.2 If the user is liable for direct damage, then that liability is limited to a maximum of twice the invoice amount, or at least that part of the assignment to which the liability relates, or at least to a maximum of € 350, -. (Say: Three hundred and fifty euros). The liability is at all times limited to a maximum of the amount of the payment to be made by the user’s insurer in the appropriate case.
11.3 Direct damage is exclusively understood to mean: The reasonable costs to determine the cause and extent of the damage, insofar as the determination
relates to damage within the meaning of these terms and conditions; any reasonable costs incurred to have the user’s defective performance comply with the agreement, unless these cannot be attributed to the user; reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have resulted in limitation of direct damage as referred to in these general terms and conditions.
11.4 The Entrepreneur is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
11.5 The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the user or his subordinates.
Article 12: Indemnities
12.1 The client / consumer indemnifies the user against claims from third parties.
Article 13: Force majeure
13.1 The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to fault, and is not accountable for by law, a legal act or generally accepted beliefs.
13.2 In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which the user cannot exert influence, but as a result of which the user is unable to fulfill the obligations. to come. This includes strikes in the user’s company.
13.3 User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after user should have fulfilled his obligations.
13.4 During the period that the force majeure continues, the parties can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
Article 14: Disputes
14.1 The court in the user’s place of business has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless user the right to submit the dispute to the competent court according to the law.
14.2 The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
Article 15: Applicable law
15.1 Dutch law applies to every agreement between the user and the client.