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Terms and Conditions

Terms and conditions

 

Index

Article 1 - Definitions

Article 2 - Identity of YOSMO

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Compliance and Warranty

Article 11 - Delivery and execution

Article 12 - Extended duration transactions : duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different terms

Article 17- Disclaimer

 

Article 1 - Definitions

In these terms and conditions, the following terms shall apply:

1. Reflection period: The period within which the consumer may use his right of withdrawal;

2. Consumer: the natural person not acting in the exercise of profession or business and who enters into a distance contract with YOSMO;

3. Day: calendar day;

4. Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;

5. Durable medium: any means that the consumer or YOSMO enables information addressed personally to him, to store in a way that future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;

7. Standard form: the model withdrawal form that YOSMO provides, in order for consumers to fill if he wants to exercise his right of withdrawal.

8. YOSMO: the natural or legal products and / or remote services to the consumer;

9. Distance contract: a contract concluded by YOSMO and the consumer within scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract ;

10. Technology for distance communication: a means that can be used to conclude a contract, without the consumer and YOSMO being together in the same room.

11. General Conditions: these General Terms and Conditions of YOSMO.

 

Article 2 - Identity of YOSMO

YOSMO

Eldersveld 17

3193 LV Hoogvliet Rotterdam

Email: info@yosmo.net

Commercial Register: 63745135

VAT identification number : NL247119489B01

 

Article 3 - Applicability

1. These terms and conditions apply to every offer of YOSMO and any agreement reached at a distance and orders between YOSMO and consumers.

2. Before the agreement is concluded, the text of these general conditions are made available to the consumer. If this is not reasonably possible, before the contract is concluded, YOSMO shall indicate in what way the general conditions can be inspected and that YOSMO will sent this free of charge if so requested.

3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer may store it in a simple way on a durable medium. If this is not reasonably possible, before the contract is concluded, YOSMO will indicate where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.

4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms can always rely on the applicable provision which for him is most favorable.

5. If one or more provisions of these terms and conditions at any time or totally or partially invalid, then the contract shall remain and these conditions will remain in force and the relevant provision in concert immediately be replaced by a requirement that the intent of the original approach as much as possible.

6. Situations that are not covered by these terms and conditions, need to be assessed 'in the spirit' of these general conditions.

7. Uncertainties regarding the interpretation or content of one or more provisions of our terms must be interpreted "in the spirit” of these terms and conditions.

 

Article 4 - The offer

1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. YOSMO is entitled to change and adapt the offer.

3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If YOSMO uses images, these are a true reflection of the products and / or services. Obvious mistakes or errors in the offer from YOSMO is not binding.

4. All drawings, specifications information in the offer are indicative and may not lead to damages or rescission of the contract.

5. Images on products are a true representation of the products offered. YOSMO cannot guarantee that the colors displayed exactly match the actual colors of the products.

6. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:

o the price including taxes;

o any costs of delivery;

o how the agreement will be achieved and what actions they require;

o whether to apply the right of withdrawal;

o the method of payment, delivery and performance of the contract;

o The deadline for accepting the offer, or the deadline to guarantee the price;

o the size of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;

o if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;

o how the consumer before the conclusion of the contract, can check information provided by him under the contract, and repair if necessary;

o any other languages that can be concluded in the agreement;

o the code of conduct to which YOSMO is subject to and the way the consumer can consult these behavioral codes electronically; and

o the minimum duration of the distance contract in the event of an extended transaction.

 

Article 5 - The contract

1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.

2. If the consumer has accepted the offer electronically, YOSMO immediately acknowledges electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by YOSMO, the consumer may rescind the contract.

3. If the agreement is created electronically, YOSMO will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, YOSMO will do so to take appropriate security measures.

4. YOSMO can - within the law - to inform the consumer's ability to meet its payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If YOSMO under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

5. YOSMO will provide the consumer with 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 medium:

A. The address of the establishment of YOSMO where consumers can lodge complaints;

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

c. information on guarantees and after sales service;

d. the details of these conditions include in Article 4 paragraph 3, unless YOSMO provided this information already to the consumer before the execution of the agreement;

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

6. In the event of an extended transaction the provision in the previous paragraph applies only to the first delivery.

7. Each agreement is entered into under the condition precedent of sufficient availability of the products.

 

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer or a pre-designated by the consumer and YOSMO announced representative.

2. During this period the consumer will treat the product and packaging well. He will only unpack the product to the extent or use as necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to YOSMO accordance with the reasonable and clear instructions provided by YOSMO.

3. If the consumer wishes to exercise his right of withdrawal, he is required within 14 days after receipt of the product, to make this known to YOSMO. The express is to make the consumer using the return form. Once the consumer has expressed the wish to make use of his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods are returned on time, for example through a proof of posting.

4. If the customer after the unknowable periods specified in paragraphs 2 and 3 wants to make use of his right of withdrawal, respectively and the product has not been returned to YOSMO, the purchase is a fact.

When providing services:

5. When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days with effect from the day of entering into the agreement.

6. To exercise his right of withdrawal, YOSMO will provide the consumer to area provided on reasonable and clear instructions.

 

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal , the costs of return shipping cost will be on the consumer part.

2. If the consumer has paid an amount , YOSMO will ensure a refund of this amount as soon as possible but no later than 14 days after cancellation. This under the condition that the product has already been received back by YOSMO or provided with conclusive evidence of complete return.

 

Article 8 - Exclusion of right of withdrawal

1. YOSMO can exclude the right of withdrawal from the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if YOSMO states this clearly in the offer, at least in time for the conclusion of the contract.

2. Exclusion of the right of withdrawal is only possible for products:

A. Products created by YOSMO exclusively to according to specifications of the consumer;

b. that are clearly personal in nature;

c. that cannot be returned due to their nature;

d. that spoil or become obsolete;

e. whose price depends on fluctuations in the financial market which YOSMO has no influence on;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software that the consumer has broken the seal.

h. hygiene products for which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

A. On accommodation, transport, carrying catering or leisure on a certain date or during a given period;

b. which the supply with the express consent of the consumer before the period has expired;

c. on lotteries.

 

Article 9 - The price

1. During the period mentioned in the offer the prices of the products and / or services will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the preceding paragraph YOSMO may change products or services whose prices are subject to fluctuations in the financial market and where YOSMO has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.

4. Price increases from 3 months after the conclusion of the contract are only allowed if YOSMO has agreed and:

A. They are the result of legislation or regulations; whether

b. the consumer is authorized to terminate the contract with effect from the date the increase takes effect.

5. The rates in the supply of products or services include VAT.

6. All prices are subject to pressure - errors. For the consequences of pressure - and misprints no liability is accepted. With pressure - errors YOSMO is not obliged to deliver the product according to the erroneous price.

 

Article 10 - Compliance and Warranty

1. YOSMO guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legislation on the date of the conclusion of the agreement and / or government regulations. If agreed YOSMO also means that the product is suitable for other than normal use.

2. A by YOSMO, manufacturer or importer does not affect the legal rights and claims that consumers can do under the agreement as against YOSMO funds.

3. Any defects or faulty goods should be reported in writing within 4 weeks after delivery from YOSMO. Return of the goods must be in original packaging and in new condition.

4. YOSMO corresponds to the manufacturer's warranty period. However YOSMO is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

o The consumer has repaired the products delivered and / or processed or repaired and / or modified by third parties;

o The products supplied have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of YOSMO and / or on the packaging;

o The defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

 

Article 11 - Delivery and execution

1. YOSMO will exercise the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer makes known to the company.

3. Subject to what is stated in paragraph 4 of this Article, YOSMO will execute accepted orders expeditiously within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case has the right to terminate the agreement without penalty. The consumer is not entitled to compensation.

4. All delivery dates are indicative. The consumer has no rights any time limits. A term is exceeded, the consumer is not entitled to compensation.

5. In case of dissolution in accordance with the paragraph 3 of this article YOSMO will refund the amount that consumers paid as soon as possible but no later than 14 days after repudiation.

6. If delivery of an ordered product proves impossible, YOSMO will endeavor to provide a replacement article. The delivery will be in a clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal cannot be excluded. The cost of any return shipment are borne by YOSMO.

7. The risk of damage and / or loss of products rests with YOSMO until the moment of delivery to the consumer or a pre-designated and YOSMO announced representative, unless expressly agreed otherwise.

 

Article 12 - Extended duration transactions: duration, termination and renewal notice

1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.

2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, withdraw by the end of the fixed term in compliance with the applicable termination rules and a notice not exceeding one month.

3. Consumers can the agreements referred to in the preceding paragraphs:

o withdraw and not be limited to termination at a particular time or in a given period;

o terminate them in the same way as they are concluded;

o Cancel at the same notice as YOSMO has negotiated for itself.

extension

4. A contract for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.

5. Notwithstanding the preceding paragraph, a contract for a definite period is entered into and which extends to the regular supply of daily and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers this extended may cancel the contract at the end of the extension with a notice period of up to one month.

6. A contract for a definite period has been entered and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice period of up to one month and a notice of maximum of three months if the contract extends to the regular, but less than once a month, delivering daily, weeklies and magazines.

7. A contract with a limited duration of regular delivery of dailies, weeklies and magazines (trial or introductory subscription) is not implied continued and terminates automatically after the trial or introductory.

expensive

8. When a contract has a duration of more than one year, the consumer the agreement after a year may withdraw a notice of up to one month, unless the reasonableness and fairness against termination before the end of the agreed term resist.

 

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 7 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, captures this period after the consumer has received the confirmation of the agreement .

2. The consumer has the duty to report inaccuracies in data supplied or specified payment immediately to YOSMO .

3. In case of default by the consumer YOSMO is subject to legal restrictions , the right to charge the reasonable costs incurred to the Consumer.

 

Article 14 - Complaints

1. YOSMO has a well-publicized complaints and deals with complaints under this procedure.

2. Complaints about the implementation of the agreement must be made fully and clearly described within 7 days to YOSMO, after the consumer has found the defects.

3. YOSMO will submit complaints within 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, YOSMO will within the period of 14 days respond with a message of welcome and an indication that the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, this creates a dispute that is subject to dispute.

5. A complaint will not suspend obligations of YOSMO unless YOSMO indicates otherwise.

6. If a complaint is accepted by YOSMO, YOSMO will replace free of charge at its option or the goods delivered or repaired.

 

Article 15 - Disputes

1. Contracts between YOSMO and the consumer of these terms refer only to Dutch law. Even if the consumer is domiciled abroad.

2. The CISG does not apply.

 

Article 16 - Additional or different terms

Additional  terms and conditions, may not be detriment by consumers and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

 

Article 17- Disclaimer

Both the content and other publications on www.yosmo.net is carefully composed. Unlike YOSMO cannot guarantee the incorrectness or content of this information. Once errors are known YOSMO will try ASAP to restore it.

This website and all its parts are owned by YOSMO . It is not permitted to copy our website or parts of it or make public for commercial purposes. Unless written approval for this was given by YOSMO

 

 

 

 

 

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