TERMS AND CONDITIONS
SECTION 1. APPLICABLITY
1. These terms and conditions are applicable to all discounts, orders, and agreements of By Yessey
2. Accepting one of our offers or placing an order entails that you have taken note of these terms and conditions and that you accept the applicability of these conditions.
3. The stipulations may be waived only in writing in these conditions, in which case the remaining stipulations shall remain in full force.
4. All rights and claims, as described in these conditions and in potential agreements are stipulated for the benefit of By Yessey, and are also stipulated to be for the benefit of by By Yessey appointed intermediaries and other third parties.
SECTION 2. OFFERS/ AGREEMENTS
1. All offers by By Yessey are non-committal and By Yessey explicitly reserves the right to change pricing, particularly in cases when that is necessary on legal grounds.
2. An agreement is only reached after your order is accepted by By Yessey. By Yessey maintains the right to refuse orders or to add certain conditions to delivery, unless explicitly stated otherwise. In case of refusal of an order, By Yessey will inform you in writing within 5 business days after receiving the order.
SECTION 3. PRICES AND PAYMENTS
1. The listed prices by the provided services and products are listed in € currency including VAT and excluding shipping and handling costs, potential taxes or other tariffs, unless stated otherwise or agreed upon in writing.
2. Payment is to occur without discount or compensation within fourteen (14) days after the invoice date regarding deliveries within the Netherlands, and within fourteen (14) days after the invoice date regarding deliveries outside the Netherlands, unless specified otherwise in writing.
3. Payment can be done by pre-payment or via IDEAL online banking. With bank payments the date of payment is the date of crediting to the bank account belonging to By Yessey.
4. By Yessey can decide whether or not to cancel an order if the payment is overdue.
5. If the prices for the offered products and services rise in the timespan between the placement of the order and the execution thereof, you have the right to cancel the order or to dissolve the agreement within three (3) days after the announcement of the price change by By Yessey.
SECTION 4. DELIVERY
1. There is a standard delivery time of 1 to 2 business days for goods in stock in accordance to the delivery times as provided by By Yessey. For goods that are not in stock, By Yessey will supply a written notification within 24 hours after ordering and offer the possibility to dissolve the agreement or to agree upon a new delivery time with By Yessey. Upon dissolution of the agreement, the agree upon amount will be transferred back to your bank account within 5 days.
2. Delivery of goods shall occur at the time and place that the goods are ready for delivery.
SECTION 5. RETENTION
1. By Yessey remains owner of the goods until the moment that you have paid the price owed to By Yessey as was previously agreed upon. The risk regarding the goods shall pass at the time of delivery to you.
SECTION 6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
1. You are to unconditionally respect all intellectual and industrial property rights applicable to the products as provided by By Yessey.
2. By Yessey does not guarantee that the goods supplied to you are not infringing on any (unwritten) intellectual and/or industrial property rights of third parties.
SECTION 7. RETURNS (ONLINE PURCHASES)
1. You are obligated to investigate whether or not the goods comply to the agreement at the moment of delivery. If this is not the case, please notify By Yessey as soon as possible and at the least within 7 days after delivery in writing with an explanation.
2. If it is proven that the goods do not comply with the agreement, By Yessey has the option to replace those goods by return and sending new goods, if they are in stock.
3. If you refuse to accept a product for whatever reason, as a customer, you maintain the right to return the product to By Yessey within seven (7) business days after delivery. The following conditions apply: the item must be unused and undamaged. It must be returned in its original packaging. The customer must pay for return shipping.
SECTION 8. WARRANTY
1. By Yessey guarantees that that the deliverables comply with the usual requirements and standards that can be made and are free of any defect whatsoever.
2. The warranty as listed under 8.1 is applicable up to a minimum timespan of 6 months.
3. If the deliverables do not satisfy this guarantee, By Yessey will accept the return of the goods within a reasonable timespan. If returning is not reasonably possible, a written notification of the failing of the customer is required, at the discretion of By Yessey, a replacement or other form of reimbursement will be employed.
4. This guarantee does not apply when the defect has arisen as a result of improper or inappropriate use or when, without written consent By Yessey, buyer, or third party applied changes or tried to apply to the product or have used it for purposes for which the product was not intended.
5. Alongside these warranty conditions, legal warranty conditions remain applicable.
SECTION 9. ORDERS AND COMMUNICATION
1. By Yessey is not liable for misunderstandings, delays, or transmission of orders and messages resulting from the use of internet or other communication method between you and By Yessey, or between By Yessey and others, insofar they are relevant to the relationship between you and By Yessey, except to the extent where there might be intent or gross negligence from By Yessey.
SECTION 10. FORCE MAJEURE
1. Without prejudice to any other of its rights, By Yessey has the right, in case of Force majeure, to suspend the execution of your order, or to dissolve the agreement without legal intervention, by informing you in writing and without By Yessey being responsible for any damages, unless it would be unacceptable according to standards of reasonability and fairness.
2. Force majeure is defined as any failure that can be attributed to By Yessey because it is not due to its fault and will not be charged as such under the law, legal act, or generally accepted view.
SECTION 11. MISCELLANEOUS
1. In case a written address is supplied by you to By Yessey, By Yessey is entitled to send all orders to that address. In the case of sending a written notification to By Yessey on a different address will the goods be sent to the new address.
2. When By Yessey for any length of time, whether silently or not, allows for deviations from these conditions, this does not impede on By Yessey's right to demand strict adherence to these conditions You can never assert any rights by virtue of the fact that By Yessey applies these conditions leniently.
3. If one or more provisions of these Terms or any other agreement with By Yessey is in conflict with any applicable provision, the provision will lapse and will be replaced by adopting a by By Yessey new lawful condition.
4. By Yessey is authorised to use third parties for the execution of your order.
SECTION 12. APPLICABLE LAW AND JURISDICTION
1. Only Dutch law is applicable to all rights, obligations, offers, orders, and agreements to which these conditions apply, as well as these conditions.
2. All disputes between parties will exclusively be presented to the relevant judge in the Netherlands.
SECTION 13. COPYRIGHT
Usage of all images, parts of images, and/or text present on the site www.byyessey.nl, is strictly prohibited without explicit permission from the author.