General Terms and Conditions
1. General / Applicability
These General Terms & Conditions govern the entry into, provisions of and performance of all Agreements between consumers and Yogi & Yousef via yogiyousef.com.
By using the Yogi & Yousef website and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website. In addition to these General Terms and Conditions, if expressly indicated, Additional Terms and Conditions may apply to certain services and/or products. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions will, in principle, prevail over the General Terms and Conditions, unless otherwise stated. The provisions of these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing and in which case the other provisions of these General Terms and Conditions will remain in full force and effect. If the Buyer refers to its General Terms and Conditions, those Terms and Conditions do not apply unless Yogi & Yousef has expressly agreed to this in writing. ‘Buyer’ means any natural or legal person who places an order via our webshop.
2. Offers and conclusion of agreements:
All offers from Yogi & Yousef are non-binding. The offers contain an accurate description of the products offered. The description is sufficiently detailed to allow a Buyer to gain a sound impression of the products offered.
Yogi & Yousef’s prices should be regarded as quotations and as an invitation to potential Buyers to make an offer. Yogi & Yousef is in no way bound by the quotations, unless this is unambiguously recorded in writing. The acceptance of the invitation to make an offer by the potential Buyer is considered an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.
Offers are subject to the availability of the products. Yogi & Yousef has the right to deliver a similar product instead of the ordered product or to dissolve the agreement. Yogi & Yousef reserves the right at all times to refuse orders for reasons of Yogi & Yousef’s own without this resulting in any liability for Yogi & Yousef.
3. Pricing & Deliver- and order cost
All prices are in euros, in accordance with the relevant legal regulations, and include turnover tax and other government levies. The prices are excluding delivery and ordering costs, unless stated otherwise in the information relating to the product.
Any special offers are only valid for the period of validity as stated in the special offer. Delivery and ordering costs are stated separately with the order. All prices on the site are subject to printing errors. No liability is accepted for the consequences of printing and typing errors. Obvious mistakes or errors in the description or price of a product offered are not binding on Yogi & Yousef.
4. Payment
Orders through the website can be paid via the payment methods and within the payment terms stated on the website. Deviating payment methods and payment terms are only valid if agreed in writing under conditions to be set and agreed upon at that time.
5. Discount
Yogi & Yousef discount codes may not be used by the Buyer for (own) commercial purposes and/or purposes other than those for which they were issued. The Buyer is not allowed to share personal discount codes.
6. Fraud or misuse of Discounts
Any (attempted) fraud or other unauthorized actions will be registered and will result in the Buyer being denied the use of discount codes.
7. Shipment, Delivery times & (Partial) Delivery
Orders are shipped as quickly as possible and delivery terms depends on the courier and on the destination. The delivery times indicated on the website are only an indication and are never a strict deadline. Yogi & Yousef can provide further information about delivery times on the internet site or make it known in writing in some other way. Also such further information is only indicative. Deliveries take place at the address specified by the Buyer during the online order.
Yogi & Yousef is entitled to ship the order in parts. The additional costs of the subsequent order(s) are borne by Yogi & Yousef.
Products can be ordered to be delivered in all European countries that are indicated as an option in the check-out process and our prices and possible promotions only apply to these deliveries. When the delivery address is outside the Netherlands, Yogi & Yousef reserves the right to cancel these orders.
8. Complaints & Defects/ Exchange & no Revocation
Defects
Complaints regarding defects in the products must be made as soon as possible, but no later than within 2 days after delivery. The complaint must be addressed to Yogi & Yousef by sending an email to info@yogiyousef.com. If the delivered item does not comply with the agreement, Yogi & Yousef is only obliged to provide a suitable solution at its discretion.
Revocation
You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation you have another 14 days to return your product. Refund will be made within 14 days.
If the product is damaged or the packaging is damaged more than is necessary to try the product, we can pass on this depreciation of the product to you. So handle the product with care and ensure that it is properly packaged when returned.
If the seal is broken, the products cannot be returned. Returned goods for which a refrigerated storage advice applies must be refrigerated from receipt until return.
You return the item at your own expense. We do not accept unpaid returns, so costs for this will be borne by the sender.
9. Retention of Title
Ownership of products, notwithstanding the actual delivery, only transfers to the Buyer after the Buyer has fully paid Yogi & Yousef in respect of any agreement with Yogi & Yousef, including reimbursement of interest and costs, and also of earlier or later deliveries and any work performed or to be performed with regard to products. The Buyer may not sell, resell, dispose of, store or otherwise do anything with the products before the ownership thereof has passed to Buyer.
10. Liability
Yogi & Yousef can only be held liable for damage that is attributable to its intent or gross negligence, or is caused by circumstances that are at its risk under mandatory law. Yogi & Yousef is never liable for consequential or business loss, indirect damage and loss of profit or turnover.
If Yogi & Yousef, for whatever reason, is obliged to compensate any damage, the compensation will never exceed the amount equal to the invoice value with regard to the product or service that caused the damage.
Yogi & Yousef is never obliged to pay compensation other than damage to property and/or personal injury. Yogi & Yousef is not liable for illness or death of pets with mail orders where the pet can reach and eat the packaged products.
Yogi & Yousef bears the risk of damage and loss of the products during shipment to the Buyer until receipt by the Buyer.
The provisions of this article do not affect the legal liability of Yogi & Yousef under mandatory legal provisions. The Buyer is obliged to indemnify Yogi & Yousef against any claim that third parties may assert against Yogi & Yousef with regard to the execution of the agreement, insofar as the law does not preclude that the relevant damage and costs are for the account of the Buyer. It is possible that Yogi & Yousef includes links on its internet site to other internet sites that may be interesting or informative for the visitor. Such links are for informational purposes only. Yogi & Yousef is not responsible for the content of the website referred to or the use that may be made of it. The provisions of this article do not affect the legal liability of Yogi & Yousef under mandatory legal provisions.
11. Force Majeure
In the event of force majeure, Yogi & Yousef is not obliged to fulfill its obligations towards the Buyer, or the obligation is suspended for the duration of the force majeure. Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfilment of its obligations towards the Buyer is wholly or partially prevented. These circumstances include strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any license to be obtained from the government. Force majeure also includes malfunctions in a (transport or telecommunications) network or connection or used communication systems and/or the website is not available at any time.
12. Privacy
By placing an order, data is processed, including storage, by Yogi & Yousef. Yogi & Yousef does not provide any data to third parties without lawful reasons, or beyond the purpose of its personal registration, which could compromise the privacy of the customer. At the written request of the Buyer, the stored personal data can be made available to him/her for inspection. Any corrections communicated by the Buyer will be processed in the registration. The Buyer’s personal data can also be deleted upon written request. For more information about how Yogi & Yousef handles personal data, see the Privacy Policy.
13. Intellectual Property
The Buyer expressly acknowledges that all intellectual property rights displayed in information, communications or other expressions relating to the internet site are vested in Yogi & Yousef, its suppliers or other entitled parties.
The Buyer is prohibited from making use, including making changes, of intellectual property rights as described in this article, such as reproduction, without the express prior written permission of Yogi & Yousef, its suppliers or other entitled party, unless it is purely for private use in relation to the product itself.
14. Dissolution
In the event that the Buyer fails to fulfil its obligations under the agreement, Yogi & Yousef may, at its own discretion: (a) give the Buyer the opportunity to meet his or her obligations within a reasonable term set by Yogi & Yousef; or (b) dissolve the agreement by means of a written statement without judicial intervention (and with immediate effect) without Yogi & Yousef being obliged to pay any compensation to the Buyer.
All claims that Yogi & Yousef may have or acquire against the Buyer in the cases referred to in Article 10 above, will be immediately due and payable in full.
Yogi & Yousef will at all times retain the right, in addition to dissolving the Agreement, to recover full compensation for any damage and costs from the Buyer in the manner provided for by applicable laws and regulations.
15. Recall
Yogi & Yousef has the right to recall Products for reasons of its own, including to prevent unsafe Products from entering and/or remaining on the trade market or with the Buyer. In the event of such a recall, Yogi & Yousef will take the necessary measures to inform the Buyer of the recall. If necessary, Yogi & Yousef will make a recall known via (among other things) social media and with a message on the Yogi & Yousef website. In that case, Yogi & Yousef will request the Buyer to cooperate with such a recall of Products and Buyer will cooperate with such recall.
16. Communication
Yogi & Yousef is not liable for incorrect or delayed shipment of orders and communications as a result of the use of the internet or any other means of communication in the traffic between the Customer and Yogi & Yousef, or between Yogi & Yousef and third parties, insofar as it relates to the relationship between the Customer and Yogi & Yousef.
17. Invalidity of one or more provisions
The invalidity of a provision from the agreement and/or from these Terms and Conditions does not affect the validity of the other provisions of the Agreement and these Terms and Conditions.
To the extent permitted by law and regulations, if one or more provisions of the agreement and/or these Terms and Conditions should be invalid or unacceptable under the given circumstances according to standards of reasonableness and fairness, a provision will apply between the Parties that is acceptable taking all circumstances into account, and which corresponds as closely as possible to the intent of the original provision.
If Yogi & Yousef allows deviations from these Terms and Conditions, whether tacitly or not, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The Buyer can never assert any rights based on the fact that Yogi & Yousef applies these Conditions flexibly.
18. Applicable law and disputes / Compliments & Complaints
Agreements concluded between Yogi & Yousef and the Buyer are exclusively governed by Dutch law.
All disputes between the Buyer and Yogi & Yousef are settled by the competent (subdistrict) court of the Buyer’s place of residence. The Buyer is also entitled to submit disputes for settlement to the (subdistrict) court in Amsterdam.
Complaints & compliments can be reported via info@yogiyousef.com, or +31235763009. Yogi & Yousef will respond within 5 working days. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
19. Miscellaneous
These Terms & Conditions consist of 19 Articles. In case of discrepancies between the English Terms & Conditions and the Dutch Terms & Conditions, the Dutch Terms & Conditions prevail.
The information relevant to the Customer relating to the identity of Yogi & Yousef is as follows:
Yogi & Yousef
Overboslaan 6
2101 MA Heemstede
Telefoon: +31 23 5763009
E-mail: info@yogiyousef.com
Btw: NL852451593B01
KVK nummer: 57133980