Terms | Yingyan

Terms and Conditions

Index:

Article 1 – Definitions

Article 2 – Company information

Article 3 – Applicability

Article 4 – What we offer

Article 5 – The sales agreement

Article 6 – Return policy

Article 7 – Costs in case of retour

Article 8 – Exclusion of return policy

Article 9 – The price

Article 10 – Conformity and Warranty

Article 11 – Delivery and execution

Article 12 – Duration transactions: duration, termination and extension

Article 13 – Payment

Article 14 – Disputes

Article 1 – Definitions

These terms and conditions include:

Return period: The period within which the consumer can exercise his Return policy;
Consumer: the natural person not acting in the exercise of profession or business and entering a distance contract with the Business;
Durable medium: any means that enables the consumer or business to store information that is directed to him personally in a way that future consultation and unaltered reproduction of the stored information.
Return policy: the rules governing the ability for consumers to invalidate the sale;
Standard form: the model withdrawal form that allows a consumer to execute their rights to reverse the sale.
Business: the natural or legal entity offering products and / or remote services to consumers;
Distance contract: an agreement whereby in the framework of a system organized by the Business for distance selling of products and / or services communication exclusively happens by one or more means of distance communication until the conclusion of the agreement;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area.
Terms and conditions: the General Conditions of the Business.

Article 2 – Identity of the Business

Operating out of the Netherlands and exclusively under Dutch Law

Company name: Yingyan

Contact: info@yingyan.nl

Dutch Chamber of Commerce registration number: 68440251

VAT Identification Number: NL203672380.B01

Article 3 – Applicability

These terms and conditions apply to every offer of the Business and to any established agreement on distance and orders between the Business and the consumer.
Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the Business will be submitted and sent to the consumer free of charge digitally at the request of the consumer.
If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the agreement and these terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that approaches the meaning of the original as far as possible.
Situations not governed by these terms and conditions must be evaluated ‘in the mind’ of these terms and conditions.
Uncertainties about the explanation or content of one or more terms of our terms should be read in the minds of these terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer is not subject to any rights or demands by a third party. The Business is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the Business uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the Business.
All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
Images on products are a true and fair view of the products offered. Business can not guarantee that the displayed colors exactly match the true colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible shipping costs;
- the manner in which the agreement will be established and what actions are required for this purpose;
- whether or not it applies to the Return policy;
- the method of payment, delivery and execution of the agreement;
- the time limit for acceptance of the offer or the period within which the Business guarantees the price;
- the height of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
- the available sizes and colors;
- the material from which the product is composed

Any other languages in which, in addition to the Dutch, the agreement can be concluded;
the codes of conduct to which the Business has been subject and the manner in which the consumer can consult these codes of conduct by electronic means; and
the minimum duration of the remote agreement in the case of a long-term transaction.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer has accepted the offer by electronic means, the Business immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance is not confirmed by the Business, the consumer can terminate the agreement.
If the agreement is established electronically, the Business finds appropriate technical and organizational measures to ensure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the Business will observe appropriate safety measures.
The Business can – within legal frameworks – inform whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the Business has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to impose special conditions on the execution.
The business owner shall provide the consumer with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the conditions under which and the manner in which the consumer may make use of the Return policy or a clear notification of the exclusion of the Return policy;
the information about guarantees and existing post-purchase service;
the information contained in article 4 paragraph 3 of these terms, unless the Business has already provided this information to the consumer prior to the performance of the agreement;
The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Any agreement is entered into under the suspensive conditions of sufficient availability of the products in question. Should the product no longer be in stock, the Business will inform the consumer as soon as possible and offer either another product or refund the payment as soon as possible and at the latest within 7 days.

Article 6 – Return policy

When delivering products:

When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons for 14 days. This term starts on the day following receipt of the product by the consumer or a representative appointed by the consumer and notified to the Business.
During the term, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether he wishes to maintain the product. If he makes use of his Return policy, he will return the product with all delivered accessories and – if reasonably possible – to the vendor in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the vendor.
When the consumer wishes to use his Return policy, he is required within 14 days after receipt of the product, to make this known to the Business. Notifying must be done by means of the model form. After the consumer has announced that he wishes to make use of his/her Return rights, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in time, for example by means of proof of shipment.
If, after expiry of the periods mentioned in paragraphs 2 and 3, the customer has not disclosed that he wishes to withdraw his/her purchase and the product has not been returned to the Business, the purchase is a fact.

Article 7 – Costs in case of revocation

If the consumer makes use of his Return policy, the cost of return will rest on the consumer.
If the consumer has paid an amount for the purchase of the product, the Business will repay this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition that the product has already been returned is subject to consultation by the web shop or closing proof of complete return.

Article 8 – Exclusion of Return policy

The Business may exclude the consumer’s Return policy for products as defined in paragraphs 2 and 3. The exclusion of the Return policy is only valid if the Business clearly states this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the Return policy is only possible for products:

made by the Business in accordance with consumer specifications;
which are clearly personal in nature;
which by their nature can not be returned;
who can spoil or age quickly;
whose price is subject to fluctuations in the financial market on which the Business has no influence;
for newspapers and magazines
for audio and video recordings and computer software that the consumer has broken the seal of.
for hygienic products that consumer has broken the seal of.

Article 9 – The price

During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the Business may offer products or services whose prices are subject to fluctuations in the financial market and where the Business has no influence, with variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the Business has stated this and:

These are due to statutory regulations or provisions; or
the consumer has the power to terminate the agreement as of the date of the price increase.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of pressure and error errors. In case of errors and mistakes, the Business is not required to deliver the product according to the wrong price.

Article 10 – Conformity and Warranty

The Business ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
A warranty provided by the Business, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the Business under the agreement.
Any defects or defective products must be reported in writing within 2 weeks after delivery to the Business. Returns of the products must be done in the original packaging and in a state of the art.
The Business’s warranty period corresponds to the factory warranty term. However, the Business is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.
The warranty does not apply if:
1. The consumer has repaired and / or edited the products themselves or has been repaired and / or edited by third parties;
2. The products delivered to abnormal conditions are exposed or otherwise treated with care or contrary to the instructions of the Business and / or treated on the package;
The invalidity is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The Business shall take the utmost care when receiving and carrying out orders for products and assessing applications for services.
The Business clearly states what times the products will ship to consumers. This will take place at the first specified delivery date after receipt of the payment.
The place of delivery is the address that the consumer has notified to the company.
With due regard to what is stated in paragraph 4 of this article, the company will carry out accepted orders at an urgent rate, but not later than 30 days, unless consumers have agreed with a longer delivery period. If delivery is delayed, or if an order can not be executed, or only partially, the consumer will receive a message within 30 days of placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The stipulated time limits can not be deducted from the consumer. Exceeding a time limit does not entitle the consumer to damages.
In case of dissolution in accordance with paragraph 3 of this article, the Business will repay the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the Business will make an effort to make a replacement article available. Delivery will be reported in a clear and understandable manner that a replacement article is delivered. For replacement items Return policy can not be excluded.
The risk of damage and / or loss of products rests with the Business until the time of delivery to the consumer or a pre-designated representative, announced to the Business, unless explicitly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination

The consumer may enter into an indefinite agreement that includes the regular delivery of products (including electric) or services, at any time in accordance with agreed notice rules and a notice period of no more than one month.
Consumers may enter into a fixed-term agreement which extends to the regular delivery of products (including electric) or services, terminate at any time by the end of the specified period in accordance with agreed notice rules and notice of not more than one month.
The consumer can ,the agreements mentioned in the previous paragraphs;
1. terminate at all times and not be restricted to termination at a particular time or in a certain period;
2. at least terminate in the same manner as they have been entered into by him;
3. always terminate with the same notice period as the Business has undertaken for himself.

Extension

A deal for certain period, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period.
By way of derogation from the previous paragraph, an agreement may apply for certain time has been entered into and is intended to extend the regular delivery of daily news and weekly newspapers and periodicals tacitly for a period of up to three months if the consumer can terminate this extended agreement by the end of the renewal with a notice period of no more than one month.
An agreement entered into for a certain period of time and which involves the scheduled delivery of products or services may only be extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event of the agreement being scheduled but less than once a month, delivery of daily, news and weekly newspapers and magazines.
Deliver a contract of limited duration to the scheduled delivery of daily, news and weekly magazines and magazines (trial or acquaintance subscription) is not tacitly continued and ends automatically after the end of the trial or acquaintance period.

Duration

If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the date referred to in Article 6, paragraph 1.
The consumer has a duty to report to the Business immediately any inaccuracies in provided or reported payment information.
In case of non-payment of the consumer, the Business, subject to legal restrictions, has the right to charge the reasonable costs previously announced to the consumer.

Article 14 – Disputes

Contracts between the Business and the consumer covered by these terms and conditions shall be governed by Dutch law. Even if the consumer is living abroad.
The Vienna Sale Convention does not apply.