Terms and Conditions
Note: this is a complete draft based on the standard topics required by Dutch/EU law for webshops (e.g. right of withdrawal, conformity, pricing). Fill in the company details marked [FILL IN] and have the text reviewed by a legal professional, or use a recognised terms-and-conditions generator, before publishing. This is not legal advice.
Article 1 - Definitions
In these terms, the following definitions apply:
1. Reflection period: the period within which the consumer can make use of their right of withdrawal;
2. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
3. Day: calendar day;
4. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
5. Trader: Yumo, the natural or legal person offering products to consumers at a distance;
6. Distance contract: a contract concluded between Yumo and the consumer through an organised system for distance selling (the webshop), whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
7. Withdrawal form: the model form for withdrawal that the consumer can use to withdraw from the contract.
Article 2 - Identity of the trader
Yumo
Business address: [FILL IN - street, number, postal code, city]
Email address: info.yrventures@gmail.com
Phone number: [FILL IN]
Chamber of Commerce (KvK) number: [FILL IN]
VAT identification number: [FILL IN]
Article 3 - Applicability
1. These terms and conditions apply to every offer made by Yumo and to every distance contract concluded between Yumo and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. Where this is not reasonably possible, it is indicated that the terms can be viewed at Yumo and will be sent free of charge upon request.
3. If one or more provisions in these terms and conditions are, at any time, wholly or partially void or voided, the contract and these terms remain in effect for the remainder.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered, with sufficient detail to allow a proper assessment by the consumer. Obvious mistakes or errors in the offer do not bind Yumo.
3. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Article 5 - The contract
1. The contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.
2. Yumo confirms receipt of the order electronically. As long as receipt of this order has not been confirmed, the consumer may dissolve the contract.
3. Yumo takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This reflection period commences on the day after the consumer receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess the nature and characteristics of the product, in a manner comparable to what would be allowed in a physical store.
3. If the consumer wishes to exercise their right of withdrawal, they must report this within the reflection period by means of the withdrawal form or in another unambiguous way to Yumo.
4. As soon as possible, but within 14 days of the day following the notification, the consumer must return the product, or hand it over to (an authorised representative of) Yumo.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises their right of withdrawal, the costs of return shipment are for their account, unless stated otherwise on the return policy page.
2. If the consumer has made a payment, Yumo will refund this amount as soon as possible, and at the latest within 14 days of the withdrawal, provided the product has been received back in good order, or conclusive proof of complete return shipment can be provided.
3. See the return policy page for the full, practical details of our return procedure.
Article 8 - Exclusion of the right of withdrawal
Yumo may exclude the consumer's right of withdrawal for products as described in article 6, paragraphs 3 and 4, of the EU Consumer Rights Directive, including among others:
1. Products manufactured according to consumer specifications, that are not prefabricated and that are manufactured based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
2. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
3. Products which, by their nature, are irrevocably mixed with other products after delivery.
Any exclusions that apply specifically to certain products in this webshop are stated with the product offer.
Article 9 - The price
1. All prices on the website are in euros and include VAT.
2. All prices are subject to typing and programming errors. No liability is accepted for the consequences of such errors.
3. Shipping costs, where applicable, are stated separately during the ordering process before the contract is concluded.
Article 10 - Conformity and warranty
1. Yumo guarantees that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions in force on the date the contract was concluded.
2. An additional warranty provided by Yumo, its supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer may assert against Yumo on the basis of the law.
Article 11 - Delivery and execution
1. Yumo will take the greatest possible care when receiving and executing orders.
2. The place of delivery is the address that the consumer has made known to Yumo.
3. Yumo will execute accepted orders with due speed, but at the latest within 30 days, unless a different delivery period has been agreed. See the shipping policy page for current delivery times.
4. If delivery of an ordered product proves impossible, Yumo will make efforts to make a replacement item available, or, if this is not desirable for the consumer, refund the purchase amount as soon as possible, but at the latest within 30 days of the refund.
5. The risk of damage and/or loss of products rests with Yumo until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid before shipment of the product, via the payment methods offered during the order process.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to Yumo without delay.
Article 13 - Complaints procedure
1. Complaints about the execution of the contract must be submitted to Yumo within a reasonable time, fully and clearly described, via the contact page, after the consumer has discovered the defects.
2. Complaints submitted to Yumo are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, a reply is given within this period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
Article 14 - Disputes
1. Dutch law exclusively applies to contracts between Yumo and the consumer to which these terms and conditions relate.
2. Disputes between the consumer and Yumo about the formation or execution of contracts may, subject to the below, also be submitted by the consumer via the European Commission's ODR platform: ec.europa.eu/consumers/odr.
Article 15 - Additional or deviating provisions
Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing, or in such a way that they can be stored by the consumer in an accessible manner.
Last updated: [FILL IN - publication date].