General Terms and Conditions | Yoni
Version 1.1| 4 November 2022
This document contains the Terms and Conditions of Yoni, trademark of FIP Commerce B.V., with its principal office located at Mauritskade 63 in Amsterdam, The Netherlands and registered with the Dutch Chamber of Commerce under registration no. 80564798 (hereinafter referred to as “Yoni”).
These General Terms and Conditions always apply when Customer uses our Website or places an order through the Website. The General Terms and Conditions contain important information. Yoni recommends that all Customers read them carefully. Yoni also recommends that Customer saves (or prints) these General Terms and Conditions so that Customer can consult them at a later time.
ARTICLE 1. Definitions
1.1 Account: the personal account made available to Customer by Yoni.
1.2 Agreement: any agreement between Yoni and Customer of which the General Terms and Conditions are an integral part.
1.3 Customer: the natural person who enters into an Agreement with Yoni and/or is registered on the Website.
1.4 General Terms and Conditions: these General Terms and Conditions.
1.5 Intellectual Property Rights: all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain name rights, trademark rights, brand rights, model rights, neighboring rights, patent rights and rights to know-how.
1.6 Order: the order for products placed by Customer through the Website (webshop).
1.7 Website: the Website (webshop) of Yoni, to be found on https://yoni.care and all of its subdomains.
ARTICLE 2. Applicability
2.1 The General Terms and Conditions apply to all offers, Agreements, and deliveries of Yoni, unless explicitly agreed otherwise in writing.
2.2 If Customer in its Order, confirmation, or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from or are not included in the General Terms and Conditions, such provisions will only be binding upon Yoni if and in so far as Yoni has accepted them in writing.
2.3 In cases where specific product or service-related terms and conditions apply in addition to these General Terms and Conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
ARTICLE 3. Conclusion of the Agreement
3.1 The Agreement comes into effect at the time of acceptance by Customer of the offer from Yoni and the fulfillment of the conditions thereby set by Yoni, for example on the completion of an Order through the Website, or on the completion of the Account registration procedure specified in Article 4.
3.2 After receiving the Order from Customer, Yoni will immediately confirm electronically the receipt thereof. As long as the receipt of this acceptance has not been confirmed by Yoni, Customer can dissolve the Agreement.
3.3 If it is found that, in accepting or otherwise entering into the Agreement, Customer has provided incorrect data, Yoni will have the right to postpone the Agreement until the correct data is received.
3.4 Customer may cancel the Agreement in writing at any time or terminate the Agreement by deleting the Account unless it is a one-time Agreement. A one-time Agreement shall continue for the duration of the completion of the one-time Agreement.
ARTICLE 4. Registration
4.1 To make optimal use of the Website, Customer can register an Account using the registration form/the account sign-in option on the Website.
4.2 During the registration process, Customer will be asked to choose a username and password with which he can log on to the Website. Customer alone is responsible for choosing a sufficiently reliable password.
4.3 Customer must keep its login credentials (username and password) strictly confidential. Yoni cannot be held liable for any misuse of the login credentials and is always entitled to assume that Customer who logs on to the Website is the party that it professes to be. Customer is responsible for and bears the full risk of any and all actions and transactions performed via Customer’s account.
4.4 If Customer knows or has reason to suspect that its login details have become available to unauthorized parties, it will be required to change its password as soon as possible and/or to notify Yoni accordingly so as to allow Yoni to take appropriate measures, such as temporarily blocking the Account.
ARTICLE 5. Execution of the Agreement
5.1 As soon as Yoni has received and confirmed the Order, it will send the products to Customer without delay and with due regard for the provisions of paragraph 3 of this article. In principle, the delivery term is 3 days. In the event of a longer delivery term than mentioned in this paragraph, Yoni will notify Customer as soon as possible.
5.2 If Yoni is unable to deliver the products within the agreed term, it will notify Customer accordingly. In that case Customer can decide either to agree to a new delivery date or to terminate the Agreement.
5.3 Yoni advises Customer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by e-mail.
5.4 The risks associated with the products will transfer to Customer as soon as the products are delivered at the agreed delivery address.
5.5 Yoni is authorized to engage third parties in the fulfilment of its obligations under the Agreement.
ARTICLE 6. Prices, payment, and information
6.1 All prices posted on the Website and in other materials originating from Yoni include taxes and other levies imposed by the government, unless stated otherwise on the Website.
6.2 Yoni charges shipping costs for all Orders – except when the Order exceeds a given amount, as indicated on the Website. The amount of these shipping costs are – if applicable – clearly announced on the Website, offer and/or product page, and will be displayed during the ordering process.
6.3 Customer shall pay the amounts due to Yoni in accordance with the ordering procedure and one of the payment methods indicated on the Website. Yoni is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.
6.4 The content of the Website is composed with the greatest care. Yoni cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Yoni are subject to obvious programming and typing errors.
6.5 Yoni cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
ARTICLE 7. Right of withdrawal
7.1 Customer (Customer) will have the right to dissolve the distance Agreement with Yoni within 14 days after receiving the product, free of charge and without stating reasons. The term commences on the day after the product was received by Customer, or a third party designated by Customer, who is not the transporting party, or: (a) if the delivery of a product involves different deliveries or parts: the day on which Customer, or a third party designated by Customer, received the last delivery or the last part; (b) if Customer has ordered several products: the day on which Customer, or a third party designated by Customer, received the last product.
7.2 Yoni bears the costs of returning the product, which means that Customer can return the product free of charge. Any shipping costs paid by Customer and the purchase price paid for the product will be refunded to Customer if the entire Order is returned.
7.3 During the withdrawal period referred to in paragraph 2, Customer will treat the product and its packaging with the utmost care. Customer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features, and their operation.
7.4 Customer is only liable for the product’s devaluation that is a consequence of his handling the product(s) other than as permitted (in order to assess the product(s)).
7.5 Customer can dissolve the Agreement in accordance with article 7.1 by reporting the withdrawal (digital or in other form) to Yoni, within the withdrawal period, by means of the European standard model withdrawal form for right of withdrawal or in some other unequivocal way. If Yoni makes it possible for Customer to declare the withdrawal via electronic means, then after receiving such a declaration, Yoni sends an immediate confirmation of receipt.
7.6 As quickly as possible, but no later than 14 days after the day of reporting as referred to in article 7.1 Customer shall return the product, or hand it over to (a representative of) Yoni Customer can send the product directly to Yoni without a notice of withdrawal in advance within the period as mentioned in Article 7.1. Customer must, in this case, include a written notice of withdrawal, such as the European standard withdrawal form.
7.7 Products can be returned to the following address: Yoni Care ,Linnaeusstraat 2C, 1092CK, Amsterdam, The Netherlands
7.8 Any amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If Customer chose an expensive method of delivery in preference to the cheapest standard delivery, Yoni does not have to refund the additional costs of the more expensive method. Except in cases in which Yoni has offered to retrieve the product itself, it can postpone refunding until it has received the product or until Customer proves it has returned the product, depending on which occurs earlier.
7.9 Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
ARTICLE 8. Warranty and conformity
8.1 Yoni guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement.
8.2 If the delivered product is not in conformity with the Agreement, Customer must inform Yoni within a reasonable period of time after he has discovered the defect.
8.3 If Yoni deems the complaint to be correct, the faulty product(s) will be repaired, replaced, or refunded in consultation with Customer. The maximum amount of compensation is equal to the price paid by Customer for the product.
ARTICLE 9. Complaints handling procedure
9.1 If Customer has any grievances in connection with a product and/or about other aspects of Yoni’s service, it can submit a complaint by telephone, by email or by post. The contact details of Yoni are included at the bottom of these General Terms and Conditions.
9.2 Yoni will respond to the complaint as soon as possible, and in any case within 10 days after having received it. If it is not yet possible for Yoni to formulate a substantive reaction to the complaint by that time, Yoni will confirm receipt of the complaint within 10 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.
9.3 Customer can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
ARTICLE 10. Intellectual Property Rights
10.1 Yoni hereby grants Customer a personal right to use the Website in the manner for which it is intended for the duration of the Agreement.
10.2 All rights for the Website, its documentation and all modifications and extensions thereto are and shall remain with Yoni. Nothing in this Agreement is intended to transfer any Intellectual Property Rights.
10.3 Yoni may take (technical) measures to protect the Website. If Yoni has taken such security measures, Customer is not permitted to circumvent or remove this security.
ARTICLE 11. Personal details
11.1 Yoni will process Customer’s personal details in accordance with the privacy statement, which can be found at https://yoni.care/privacy-policy-and-cookie-statement.
ARTICLE 12. Amendments
12.1 Yoni may amend these General Terms and Conditions at any time if the changes are not significant or are required by applicable mandatory law.
12.2 Yoni will announce any changes or additions to these General Terms and Conditions to Customer in writing at least thirty (30) days before they take effect, to enable to Customer to take note of them.
12.3 If Customer does not wish to accept a change or addition which falls outside the scope of Paragraph 1, Customer may give notice to terminate the Agreement until the date it takes effect. Use of the Website and or Account after the effective date will be regarded as acceptance of the amended or supplemented General Terms and Conditions.
ARTICLE 13. Final provisions
13.1 The Agreement is governed by Dutch law. Customer also derives protection from the mandatory provisions of the law applicable where Customer is domiciled.
13.2 Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Yoni has its registered office.
13.3 If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
ARTICLE 14. Contact details
14.1 Should you have any questions, complaints, or comments after reading these General Terms and Conditions, please contact us by email or letter.
FIP Commerce B.V., trading as Yoni
1092 AD Amsterdam
Tel.: +31 6 24 86 65 20
Chamber of Commerce: 80564798