Article 1: Definitions

YNSIDE: the user of these general terms and conditions and all companies and organizations associated in any way with Ynside.
Consumer: the buyer who is not acting in the exercise of his profession or business and who enters into an agreement with YNSIDE.
Distance contract: the contract in which the consumer concludes, through the YNSIDEwebsite, a purchase contract for a product offered by YNSIDEon this website.

Article 2: Applicability and Validity

2.1
These general terms and conditions apply to all distance contracts in which YNSIDE acts as the seller.
2.2
Deviations and additions to existing contracts or these General Terms and Conditions only apply if and to the extent that they have been expressly confirmed in writing by Ynside.
2.3
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or should be terminated, the remaining provisions of these General Terms and Conditions remain fully applicable.

Article 3: YNSIDE’s Identity

3.1
Name: Ynside
Legal entity: private limited company
Head office and visiting address:

E-mail address: info@ynside.nl
Telephone: +316 1435 4439
Chamber of Commerce: 60586044
VAT number: NL001466709B34

Article 4: Offers

4.1
All offers, tenders and price indications made by YNSIDE are completely non-committal.

 

Article 5: Formation of Agreements

5.1
The agreement enters into effect the moment the consumer accepts the offer and meets the conditions set in the offer.
5.2
YNSIDE is authorised to be informed on to what extent the consumer can meet his/her payment obligations as well as of all the facts and factors that are important for entering into the agreement responsibly. If on the basis of this research, YNSIDE has found good grounds to not enter into the agreement, they are authorised to, with a motivation, reject an order or request or attach special conditions to the execution thereof.
5.3
Every agreement is entered into on the suspensive condition of sufficient availability of the products in question.

 

Article 6: Delivery

6.1
Indicated delivery terms will never be considered to be fatal terms unless explicitly agreed upon otherwise. In case of a late delivery, YNSIDE must be sent a notice of default in writing.

6.2
The product to be delivered by YNSIDE must meet the agreement and the specifications of the specific good as indicated by YNSIDE.

 

Article 7: Right of Withdrawal

7.1
If a consumer terminates a distance contract for a product within the statutory cooling-off period of 14 days, then this consumer must use the template form for termination/withdrawal attached to these general terms and conditions. This form must have subsequently been received by YNSIDE within three (3) days.
7.2
For a termination in accordance with paragraph 1, YNSIDE is permitted to request from the consumer the reason for withdrawal.
7.3
The cooling-off period stated in paragraph 1 enters into effect on the day after the product has been received by or on behalf of the consumer.
7.4
During the cooling-off period stated in paragraph 1, the consumer will handle the product and the packaging carefully. He/she will only unpack or use the product in such a way as is necessary for assessing whether he/she wishes to keep the product. The basic principle is that the consumer can only use the products and inspect it as he/she would be permitted to do in a store.
7.5
The consumer is liable for value depreciation of the product that is the result of a manner in which is it handled exceeding what is permitted under paragraph 7.4.
7.6
After the notice in accordance with paragraph 1, the consumer must ship back the product including all corresponding materials, such as labels, cards, etc. immediately and no later than within 14 days after sending the statement of termination. The costs of the return shipment are to be paid by the consumer. The risk and burden of proof for the correct and timely execution of the right of withdrawal lie with the consumer.
7.7
If the consumer paid a sum, YNSIDE will pay back this sum to the consumer as soon as possible and no later than within 14 days after receiving the statement of termination if YNSIDE has already received the goods or if the consumer has given proof of having returned the goods.

 

Article 8: Price and Payment

8.1
The prices are in Euro and include VAT unless stated otherwise.
8.2
YNSIDE is authorised to charge on a price increase of cost price determining factors that are permitted on the basis of statutory regulations or provisions and that have formed within three months after the formation of the agreement but before delivery to the consumer.
8.3
In so far stipulated otherwise in the agreement or addition conditions, payment must be made immediately and no later than within eight days after entering into the agreement.
8.4
The consumer is obligated to notify YNSIDE of errors in the provided or stated payment details.
8.5
YNSIDE is authorised to demand security from the consumer for meeting the payment obligations before delivery or before continuing the delivery or order.
8.6
The total sum of the remainder of the payment is claimable immediately if the consumer applies for suspension of payment or bankruptcy, if the consumer’s goods are seized, if the consumer is put under curatorship or administration, if the consumer passes away or if his/her company has been shut down or liquidated or is being dissolved, and if the consumer is behind on any payment.
8.7
The payments made by the consumer first serve to pay any interest and costs owed to YNSIDE. Subsequently, it serves to pay the oldest unpaid invoices even if the consumer states that the payment serves to pay a later invoice.
8.8
All collection costs for the sums owed by the consumer are to be paid by the consumer, the costs of which are set at 15% of the unpaid sums with a minimum of € 250.

 

Article 9: Objections

9.1
The consumer must inform YNSIDE of complaints regarding the delivered matters in writing as soon as possible and no later than within seven days after delivery. Issuing a complaint does not release the consumer of his/her payment obligation.
9.2
If an investigation shows that a complaint is invalid, then the costs including the costs of that investigation incurred by YNSIDE are to be paid fully by the consumer.
9.3
The consumer’s right to object expires if he/she edited the goods, has had them edited or redelivered them to a third party.

 

Article 10: Force Majeure

10.1
Force majeure is defined as: any circumstances or reasonably unforeseen circumstance outside of YNSIDE’s direct influence that temporarily or definitely prevents YNSIDE’s compliance with their obligations. Such circumstances are, among others: limiting government measures, mobilisation, war, danger of war, revolution, strike, seizure, attachment, special weather conditions, lack of transportation or full or partial default of third parties whose services are used.
10.2
In case of force majeure, YNSIDE has the right to either suspend compliance with their obligations towards the consumer or partially or fully terminating the agreement without judicial intervention and without being liable for payment of compensation, at YNSIDE’s choice.

 

Article 11: Risk and Retention of Title

11.1
YNSIDE retains ownership of all goods delivered to the consumer until the purchase price of all these goods has been paid.
11.2
As long as ownership has not been transferred to the consumer, the consumer is not permitted to pledge the goods or to grant any third party any rights to the goods and he/she is obliged to report to YNSIDE any event that harms or could harm YNSIDE’s interests as the owner of these goods. YNSIDE is not obliged to indemnify the consumer in any way against their liability as the holder of the goods. On the other hand, the consumer indemnifies YNSIDE against claims by third parties against YNSIDE with respect to the retention of title.

 

Article 12: Guarantee

12.1
Warranty is only granted by YNSIDE if it has been agreed upon explicitly in writing.

 

Article 13: Liability

13.1
YNSIDE’s liability is limited to what has been stipulated in this article.
13.2
YNSIDE is only liable for damage incurred by the consumer as a result of shortcoming, unlawful act or otherwise if the damage is the direct and sole result of gross negligence on the part of YNSIDE.
13.3
In case YNSIDE is liable for compensation towards the consumer, the liability is limited to twice the sum of the invoice reduced by the applicable turnover tax of the delivery in question and with a maximum of € 2,500.
13.4
In any case, YNSIDE’s liability is always limited to the sum the insurance pays out in such a case.
13.5
YNSIDE is in no way liable for damage due to exceeding terms, nor for consequential damage or indirect damage including damage due to lost profits or lost savings.
13.6
YNSIDE is also not liable for damage that forms or formed during or after the consumer has modified the goods delivered by YNSIDE or had them modified, delivered them or made available to third parties or commissioned or had commissioned the goods.

13.7
The consumer indemnifies YNSIDE against all third-party claims. The consumer will never be able to make personnel of YNSIDE, third parties employed by YNSIDE or personnel of these third parties liable.

Article 14: Intellectual Property Rights

14.1
The consumer with respect to YNSIDE ensures that none of their intellectual or industrial property rights and/or of third parties will be breached and indemnifies YNSIDE against all claims resulting from this.

 

Article 15: Suspension and Termination

15.1
If before the time of delivery to YNSIDE it turns out that the consumer does not have creditability, if the consumer does not or does not sufficiently meet any obligation to YNSIDE or does not do so in a timely fashion, if the consumer is in a state of bankruptcy or has issued a request for bankruptcy with the Court, if the consumer has requested suspension of payment or if this has been granted to the consumer, if the Debt Management (Natural Persons) Act is declared applicable, if the consumer’s company is shut down or being liquidated, if the consumer’s goods are seized or if the consumer is placed under curatorship or administration, then YNSIDE has the right to suspend compliance with all their obligations towards the consumer or to fully or partially terminate the agreements with the consumer without any notice of default or judicial intervention and without being liable for compensation notwithstanding YNSIDE’s other rights in such a case.

 

Article 16: Disputes and Applicable Law

16.1
All agreements are exclusively governed by Dutch law.
16.2
All disputes between parties will first be presented before the competent court of the Court of North Holland, the Netherlands with the exception of YNSIDE’s authority to have the dispute settled by means of arbitrage or binding recommendation.