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General Terms and Conditions

General Terms and Conditions for You-Stand

 

Identity of the entrepreneur

You-Stand - FITV Concepts

Rooseveltlaan 195

1079 AP Amsterdam - The Netherlands

Tel: +31 (0)653 265 497

E-mail address: info@fitv.nl

CoC number: 34235369

VAT number: NL121146285B01

 

Applicability

1. These general terms and conditions apply to every offer by You-Stand and to every concluded remote agreement and orders between You-Stand and consumer.

2. Before the remote agreement is concluded, the text of these general terms and conditions is made available to the consumer.

3. Notwithstanding the preceding section, and before the agreement is concluded, if the remote agreement is concluded electronically, the text of these general terms and conditions can be made available to the consumer via electronical means in such a way that the consumer can easily store it on a sustainable data carrier. If this is reasonably not possible, it will be indicated where the general terms and conditions can be inspected before the remote agreement is concluded and that the general terms and conditions will be sent electronically or via any other means free of charge at the request of the consumer.  

4. Insofar specific product or service conditions apply in addition to these general terms and conditions, the second and third clauses shall apply accordingly and consumer can always appeal to the applicable provision most favorable to him/her in the case of contradictory general terms.

5. If one or more provisions in these general terms and conditions become completely or partially void or annulled at any time, the agreement and these conditions remains in force for the remainder and the relevant provision will, by mutual agreement, immediately be replaced by a provision that approaches the scope of the original as much as possible.

6. Situations that are not covered by these terms and conditions are to be assessed ‘in the spirit’ of these general terms and conditions. In case of conflict, Dutch Law rules.

7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

 

The offer

1. If an offer has a limited duration or is subject to conditions, this shall explicitly be mentioned in the offer.

2. The offer is non-committal. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to facilitate a good judgment of the offer by the consumer. When the entrepreneur uses images, these are truthful representations of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, data in the offer are an indication and cannot lead to damage compensation or dissolution of the agreement.

5. Images with products are a truthful representation of the offered products. Entrepreneur cannot guarantee that the colors depicted are exact matches with the products’ actual colors.

6. Every offer contains such information, that it is clear to the consumer what the rights and obligations are, associated with the acceptance of the offer. This concerns in particular:

- the price inclusive of taxes;

- possible shipping costs;

- the way in which the agreement shall be concluded and what actions are required;

- whether the right of withdrawal is applicable;

- the means of payment, delivery and implementation of the agreement;

- the term for accepting the offer, or the term within which the entrepreneur guarantees the price;

- the level of the rate for remote communication if the costs of using the technique for remote communication is calculated on a different basis than the regular base rate for the used means of communication.

- if the agreement is to be archived after implementation, and if yes, in what way it can be inspected by the consumer;

- the way in which the consumer can check and, if so desired, correct the information supplied to him within the framework of the agreement, before concluding the agreement;

- the possible other languages besides Dutch in which the agreement can be concluded;

- the codes of conduct the entrepreneur is subject to and the way in which he is subject to them;

- how the consumer can inspect these codes of conduct electronically;

- and the minimal term of the remote agreement in the case of an extended transaction.


 The agreement

1. Subject to the provisions of clause 4, the agreement shall come about at the moment the consumer accepts the offer and meets the established terms.

2. If the consumer has accepted the offer electronically, the entrepreneur promptly confirms receipt of the acceptation of the offer via electronical means. As long as receipt of the acceptation has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded via electronical means, the entrepreneur takes appropriate technical and organizational measures in order to secure the electronical transfer of data and takes care of a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate safety measures to this end.

4. The entrepreneur can – within legal frameworks – inform himself about the abilities of the consumer to meet with his payment obligations, as well as about all the facts and factors that are important for a responsible concluding of the remote agreement. If, based on this, the entrepreneur has justifiable grounds not to enter into the agreement, he is entitled to refuse an order or request with motivation or to attach special conditions to it.

5. The entrepreneur shall send along with the product or service the following information to the consumer, either written or in such a way that it can accessibly be stored on a sustainable data carrier by the consumer:

a. the visiting address of the location of the entrepreneur where the consumer can take their complaints;

b. the terms and conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about warranties and existing service after purchase;

d. the information included in article 4 clause 3 of these terms, unless the entrepreneur has already given this information to the consumer before closing the agreement;

e. the requirements for dissolution of the agreement when the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of an extended transaction, the provision in the previous clause only applies to the first delivery.

7. Every agreement is entered into under the postponing terms of sufficient availability of the relevant products.

 

Right of withdrawal

1. When buying the products, the consumer has the possibility to cancel the agreement without statement of reason during 14 days. This time of reflection starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.

2. During the time of reflection, the consumer will handle the product and its packaging with care. He will only unpack the product in such an extent insofar is necessary to judge if he wishes to keep the product. If he uses of the right of withdrawal, he will return the product with all delivered accessories and – when reasonably possible – in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. When the consumer wishes to use his right of withdrawal, he is obligated to make this known to the entrepreneur within 14 days after receipt of the product. The consumer should make this known by way of the model form. After the consumer has made known that he wants to use his right of withdrawal, the customer is to return the product within 14 days. The consumer needs to prove that the delivered items have been returned timely by way of evidence of shipment, for instance.

4. If the customer has not expressed that he intends to use of his right of withdrawal or has not returned the product to the entrepreneur within the terms mentioned in clause 2 and 3, the sale is final.

 

Costs in case of withdrawal

1. If the consumer uses his right of withdrawal, the costs of return shipment are for his account.

2. If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible though no later than 14 days after withdrawal, provided that the product has already been received in return by the web retailer or conclusive evidence of complete return shipment can be shown.

 

The price

1. During the validity mentioned in the offer, the prices of the offered products and/or services will not be raised, with the exception of price changes as a result of changes in VAT rates.

2. In deviation of the previous clause, the entrepreneur can offer against variable prices products or services of which the prices are bound to fluctuations in the financial market and on which the entrepreneur has no influence. This commitment to fluctuations and the fact that all possible prices mentioned are guiding prices shall be mentioned in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted when they are the result of legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or

b. the consumer has the authority to cancel the agreement starting from the day the price increase is in effect.

5. All prices mentioned in the offer of products or services are exclusive of VAT.

6. All prices are under the reservation of printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. The entrepreneur is not obligated to deliver the product against the faulty price in the case of printing and typographical errors.

 

Conformity and warranty

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations valid at the date of conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

2. A warranty issued by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that consumers may assert under the agreement against the entrepreneur.

3. Any faults or unjustly delivered products are to be announced to the entrepreneur in writing within 14 days after delivery. Return of the products is to occur in the original packaging and in pristine condition.

4. The warranty term of the entrepreneur corresponds with the warranty term of the manufacturer. The entrepreneur, however, is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice with regards to use or applicability of the products.

5. The warranty is not valid when:

- the consumer has repaired and/or adjusted the delivered products of has third parties repair or adjust them;

- the delivered goods have been exposed to abnormal conditions or have been handled carelessly in another way or contrary to the instructions of the entrepreneur and/or packaging;

- the faultiness is either completely or partially caused by regulations established or about to be established by the government with regards to the nature or quality of the applied materials.

 

Delivery and implementation

1. The entrepreneur will take the greatest possible care receiving and implementing orders of products and judging requests for services.

2. The address the consumer has provided to the company is the delivery address.

3. With due observance of what has been mentioned about this in clause 4 of this article, the company will implement accepted orders with due haste though no later than 30 days, unless consumer has agreed to a longer delivery term. If delivery is delayed, or when an order cannot or only partially be implemented, the consumer will receive notice of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without costs. The consumer has no right to damage compensation.

4. All delivery terms are indicative. Consumer cannot derive any rights from any terms mentioned. Exceeding a term does not give the consumer right to damage compensation.

5. In case of dissolution according to clause 3 of this article, the entrepreneur will reimburse the amount the consumer has paid as soon as possible, though no later than 14 days after dissolution.

6. If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement product. No later than at delivery, it will be announced that a replacement article will be delivered. With replacement articles, the right of withdrawal cannot be ruled out. The costs of a possible return shipment are at the entrepreneur’s expense.

7. The risk of damaging and/or loss of products lies with the entrepreneur up to the moment of delivery to the consumer or to a previously assigned representative announced to the entrepreneur, unless expressly agreed otherwise.

 

Payment

1. Unless agreed otherwise, the amounts owed by the consumer should be paid within 7 work days after the start of the time of reflection as meant in article 6 clause 1. In case of an agreement to provide a service, this term will commence after the consumer has received confirmation of the agreement.

2. The consumer has the duty to notify the entrepreneur immediately of any faults in payment information provided or mentioned.

3. In case of default payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the consumer the reasonable costs that have previously been indicated.

 

Complaints regulation

1. The entrepreneur has a sufficiently advertised complaints procedure and shall treat the complaint according to this complaints procedure.

2. Complaints about the implementation of the agreement should be submitted to the entrepreneur completely and clearly described within 7 days, after the consumer has noticed faults.

3. Complaints submitted to the entrepreneur shall be answered within a term of 14 days, calculated from the receipt date. If a complaint requires a foreseeable longer processing time, the entrepreneur shall answer within the term of 14 days with a message of receipt and an indication of when the consumer may expect a more elaborate answer.

4. If the complaint cannot be solved in mutual consultation, it leads to a dispute that is subject to the dispute settlement.

5. For complaints that cannot be solved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the possibility to have his complaint handled by Stichting GeschilOnline, whose verdict is binding. Both entrepreneur and consumer shall agree to this binding verdict. Submission of the dispute to this dispute committee costs money, which will have to be paid to the relevant committee by the consumer.

6. A complaint does not suspend the entrepreneur’s obligations, unless otherwise indicated by the entrepreneur in writing.

7. If a complaint is accepted by the entrepreneur, the entrepreneur will by choice either replace the delivered products free of charge or repair them.

 

Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This is also valid when the consumer resides out of the country.

2.The CISG does not apply.

 

Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions cannot be to the consumer’s disadvantage and should be recorded in writing or at least in such a way that the consumer can store these in an accessible way on a sustainable data carrier.

 

Exchanges and returns

A maximum term of reflection of 14 days after receipt applies to orders placed via You-stand.nl. If you wish to return your order within the term of reflection, you may do so under the following conditions:

- the return shipment has been announced via info@you-stand.nl

- you send the return shipment according to our instructions

- the article is in its packaging in a complete and undamaged way

If articles are returned in a damaged way, we reserve the right to settle compensation costs in the reimbursement. After receipt and check of your return shipment, we will reimburse your purchasing amount minus the shipment costs for return sending no later than 14 days.