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General Terms and Conditions

General Terms and Conditions of Yentl Oil Cosmetics B.V. (owner www.yentloil.com)

Address Vlinderweg 2A, 2623 AX Delft

Chambre of Commerce no 67238327

VAT no NL856890509B01

IBAN no NL10 INGB0007674283

SWIFT no INGBNL2A

Version valid as of January 1, 2014

1. General

1.1 These terms and conditions apply to all offers of Yentl Oil. The conditions are accessible to everyone and are included on the website of Yentl Oil (owner www.yentloil.com).

1.2 By placing an order you acknowledge your agreement with the delivery and payment terms. Yentl Oil (owner www.yentloil.com) reserves the right to change its terms and/or conditions following the expiry of the term

1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties (owner www.yentloil.com) will not be recognized by Yentl Oil.

1.4 Yentl Oil (owner www.yentloil.com) guarantees that the delivered product meets with the contract and meets with the specifications listed in the offer.

2. Terms

2.1 The customer is the legal or natural person that Yentl Oil (owner www.yentloil.com) has concluded the contract with.

2.2. The term 'working days' means all days from Monday to Friday, excluding national holidays and excluding periods in which orders may be (placed at Yentl Oil (owner www.yentloil.com) and no further order processing and delivery of these orders takes place). The periods during which only orders can be placed with Yentl Oil (owner www.yentloil.com) will be specified on the main page of the website of Yentl Oil (owner www.yentloil.com) and on order confirmations.

2.3 Agreement is the agreement pertaining to the supply of products by Yentl Oil (owner www.yentloil.com) to the customer.

2.4 "in writing" means communication by letter or email.

 3. Delivery

3.1 Delivery will take place as long as stocks last.

3.2 Yentl Oil (owner www.yentloil.com) strives to maintain a delivery period of up to five (5) business days for stock products. Delivery by Yentl Oil (owner www.yentloil.com) will take place within thirty (30) days after the date of payment, unless a different delivery period has been agreed upon with you in writing. If this is not possible (because the ordered item is out of stock or no longer available or has other reasons for delay) or an order cannot be or only partially delivered, consumers will receive within one (1) month after placement of the order notification that they have the right in that case, to cancel the order without penalty

3.3 The delivery obligation of  Yentl Oil (owner www.yentloil.com) will be presumed as satisfied once the goods to be delivered by Yentl Oil (owner www.yentloil.com) have been offered once to the customer. For home delivery,  the report of the carrier extends as full proof of delivery in case of refusal of acceptance by the customer.

3.4 All terms mentioned on the website are indicative. No rights whatsoever can be derived from the mentioned terms.

3.5 The risk of damage to or loss of a shipment to the buyer is carried by Yentl Oil. After the items are delivered to the buyer (see Article 5.2), the risk of damage and loss transfers to the buyer.

3.6 Yentl Oil is entitled to make use of third parties in the execution of your order (s)

3.7 Orders placed by www.yentloil.com will only be supplied in the Netherlands

4. Prices and Payments

4.1 All prices on the site are in Euros and include 21% VAT and any other applicable  taxes or charges and shipping costs, unless otherwise agreed in writing.

4.2 Prices will not be increased during the term of the offer, unless legal regulations make it necessary or if the manufacturer changes its price policies during this time.

4.3 All prices on the site are subject to typing errors and misprints. No liability is accepted for the consequences of these typing errors and misprints.

4.4 Payment must be effected in (one of) the way (s) as specified during the ordering process. Further (payment/ordering) conditions may be set. When paying by bank transfer, the date of payment accepted is the date of the crediting of the giro- or bank account of Yentl Oil (owner www.yentloil.com).

4.5. Payment can also be effected with a gift voucher issued by Yentl Oil (owner www.yentloil.com). A gift voucher is valid for  a maximum of one (1) year from the date of issuance. Gift or discount vouchers can be redeemed only in the online store. If the amount paid is less than the value of the voucher, the remaining amount will be canceled. Yentl Oil (owner www.yentloil.com) gift cards or vouchers are not redeemable for cash.

4.6 The buyer authorizes Yentl Oil (owner www.yentloil.com) to perform all that is needed to facilitate payment with the your chosen payment method.  

4.7 If you are in default on any payment, Yentl Oil (owner www.yentloil.com)  is entitled (in the performance of) the agreement  to suspend or dissolve all related agreements

5. Data Management

5.1 If you place an order with Yentl Oil (owner www.yentloil.com), your data will be included in the customer base of Yentl Oil Cosmetics BV (owner www.yentloil.com). Yentl Oil (owner www.yentloil.com) adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.

5.2 Yentl Oil (owner www.yentloil.com) respects the privacy of the users of the website and ensures confidentiality of your personal information.

5.3 Yentl Oil (owner www.yentloil.com) makes use of a mailing list from time to time. Each mailing list includes instructions on how to remove yourself from this list.

6. Guarantee

6.1 Yentl Oil (owner www.yentloil.com) guarantees that the products supplied by it to meet the requirements of usability, reliability and durability as was intended by all parties in the contract to a reasonable extent and can therefore vouch for the factory guarantee  of the product delivered to you.

6.2 The customer is obliged to check the goods immediately upon receipt of the goods.  If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return to Yentl Oil (owner www.yentloil.com)) needs to notify these defects to Yentl Oil (owner www.yentloil.com) in writing.

6.3 If the customer complaints are deemed justified by Yentl Oil  (owner www.yentloil.com), Yentl Oil (owner www.yentloil.com)  has the options to decide whether the goods supplied will be replaced free of charge or whether a written agreement regarding compensation will be arranged with the customer, provided that the liability of Yentl Oil (owner www.yentloil.com) and therefore the amount of compensation is to be limited to a maximum of the invoice amount of the relevant goods, (or by choice of Yentl Oil (owner www.yentloil.com)) to the maximum coverage of the liability insurance of Yentl Oil (owner www.yentloil.com). Any liability of Yentl Oil (owner www.yentloil.com) for any other form of damage is excluded, including additional compensation in any form whatsoever, indirect or consequential damages, or damages for loss of profits.

6.4 Yentl Oil (owner www.yentloil.com) is not liable for damage caused intentionally or the equivalent of deliberate recklessness of non-managerial staff.

6.5 This warranty does not apply if: A) as long as the purchaser towards Yentl Oil (www.yentloil.com owner) is in default; B) the customer has had the delivered goods processed in any way has had this done by third parties. C) the goods supplied have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Yentl Oil (owner www.yentloil.com) and/or contrary to the instructions mentioned on the package; D) were defective in whole or in part due to regulations imposed by the government or that will be imposed by the government regarding the nature or quality of the materials used;

7. Offers

7.1 Offers are not binding, unless otherwise stated in the offer.

7.2 Upon acceptance of an offer by the buyer, Yentl Oil (owner www.yentloil.com) reserves the right to change the offer within 3 working days of receipt of that acceptance or to deviate from it.

7.3 Verbal agreements bind Yentl Oil (owner www.yentloil.com) only after it has been confirmed in writing.

7.4 Offers Yentl Oil (owner www.yentloil.com) shall not apply automatically to repeat orders.

7.5 Yentl Oil (owner www.yentloil.com) cannot be held responsible if the customer should have understood that the offer or any part thereof, is an obvious mistake or error.  

7.6 Additions, alterations and/or further agreements are only valid if they have been agreed upon in writing.

8. Agreement

8.1 An agreement between Yentl Oil (owner www.yentloil.com) and a customer comes into being after an order has been assessed by Yentl Oil owner www.yentloil.com) on feasibility.

8.2 Yentl Oil (owner www.yentloil.com) reserves the right, without having to give any reason not to accept orders or to accept them under the condition that the shipment is made on the condition of  payment in advance.

8.3 If purchased goods are returned or recovered by Yentl Oil (owner www.yentloil.com) the customer receives the purchase price paid. Repayment is done in the form of payment that the customer has selected at the time of purchase. If the Customer has already made some payments at the time that any payment the Customer Agreement with Yentl Oil (owner www.yentloil.com)  has been dissolved, pursuant to Section 8.1. and 8.2Yentl Oil Cosmetics BV (owner www.yentloil.com) shall refund these payments within thirty (30) days after Yentl Oil (owner www.yentloil.com) has received on products returned by the customer. Yentl Oil (owner www.yentloil.com) reserves the right to refuse returned goods or to credit only a part of the amount paid (when it is suspected that) the products have been opened, used or damaged through fault of the client.

8.4 If returned goods,  in the opinion of Yentl Oil (owner www.yentloil.com) are damaged by an act or omission of the customer or is otherwise due to the risk of the customer, Yentl Oil (owner www.yentloil.com) shall notify the customer in writing. Yentl Oil (owner www.yentloil.com) is entitled to the withhold an amount of the payment for the products resulting from this damage on the return of the customer.

9. Illustrations and specifications

9.1 All images; photographs, drawings, etc. eg data concerning weight, dimensions, colors, graphics, labels, etc. on the website of Yentl Oil (owner www.yentloil.com) are only approximate and indicative and may not lead to damages or annulment of the contract .

10. Force Majeure

10.1 Yentl Oil (owner www.yentloil.com) is not liable if and when she cannot fulfill her obligations due to force majeure.

10.2 Force majeure means any strange reason, and any circumstance in which she cannot reasonably be held responsible for. The risk of delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity, failures in e-mail traffic and disturbances or changes in third party technology, transportation difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Yentl Oil (owner www.yentloil.com) as well as from individuals, disease, defects in or shipment shall explicitly be considered as force majeure.

10.3 Yentl Oil (owner www.yentloil.com) reserves the right in the case of force majeure to suspend its obligations and is entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is modified in order to enable performance. In no event shall Yentl Oil (owner www.yentloil.com) obliged to pay any penalty or damages in case of force majeure.

10.4 If Yentl Oil (owner www.yentloil.com) at the commencement of the force majeure has made good on its obligations, whether in part or only in part it is entitled to invoice separately the part already delivered and the buyer is obliged to pay this invoice as if it were a separate contract. invoice This does not apply if the already delivered part or the part to be delivered has no independent value.

 

11. Liability and complaints

11.1 Yentl Oil (owner www.yentloil.com) is not liable for damage caused by improper use of the products. Before use, read the instructions carefully on the packaging and/or consult our website.

11.2 You remain at all times responsible for the proper and responsible use of the products supplied. Yentl Oil is not liable for any damages or injury arising during the use of their product (s), unless there is proof of gross negligence on the part of Yentl Oil. Instructions supplied with the product are only a guide.

11.3 Yentl Oil (owner www.yentloil.com) is not liable for damage caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.

11.4 You remain at all times responsible for the proper and responsible use of products supplied. Yentl Oil is not liable for any damages or injury arising during use of product (s), unless there is gross negligence on the part of Yentl Oil. Instructions supplied with the product are only a guide.

11.5 You have the obligation to inspect the delivered goods immediately upon receipt. Any shortcomings should be reported within five (5) days of discovery in writing and well motivated to Yentl Oil See 8.3 and 8.4 Once you have received the products ordered, you have the right, within fourteen (14) days after the receipt of the products, without giving any reasons to dissolve the agreement with Yentl Oil.

11.6 If the customer wishes to terminate the agreement under Article 8.3 and 8.4, the customer must report this in writing to Yentl Oil The customer must return to a predetermined Yentl Oil return address. This should be done in the original, undamaged packaging. Opened and/or damaged packages will not be accepterd. By opening the package you state that you want to keep the products

12. Retention

12.1 Ownership of all products sold by Yentl Oil (owner www.yentloil.com) and delivered to the purchaser remains with Yentl Oil (owner www.yentloil.com) as long as the claims Yentl Oil (owner www.yentloil.com) has under the contract this or prior or subsequent similar agreements have not been met, as long as the purchaser of the completed work or to be completed work under these or similar agreements have not yet been met, and as long as the claims of Yentl Oil (owner www.yentloil.com) against the purchaser for failure to fulfill such obligations have not been met, including claims in respect of penalties, interest and costs, all as defined in Article 3:92 BW.

12.2 The goods delivered by Yentl Oil (owner www.yentloil.com) which may only be sold in the course of normal business activities under the retention clause and must never be used as payment.

12.3 The customer is not entitled to pledge the goods subject to retention of title or otherwise encumber them.

12.4 The customer gives unconditional and irrevocable consent to Yentl Oil (owner www.yentloil.com) or to a third party appointed by Yentl Oil (owner www.yentloil.com) in all cases where Yentl Oil (owner www.yentloil.com) wishes to exercise its ownership rights to all sites and locations where its property is then located and there to take these with them.

12.5 If third parties seize delivered goods subject to retention of title or wish to establish or assert rights on,  the client is obliged to inform Yentl Oil (owner www.yentloil.com) as soon as may reasonably be expected of them.

12.6 The purchaser is obliged to secure the goods against theft and insure the goods delivered under retention of title against fire, explosion and water damage and to make this insurance policy available on request of to Yentl Oil (owner www.yentloil) for inspection.

13. Intellectual and industrial property

13.1 All intellectual and industrial property rights attached to the products supplied by Yentl Oil are to be respected unconditionally.

14. Miscellaneous

14.1 If you give a written statement  of an address to Yentl Oil, Yentl Oil is entitled to send all orders to that address  unless you state in writing to Yentl Oil of another address to which orders should be sent .

14.2 If allowed by Yentl Oil to deviate either tacitly or not from these conditions for a short or a longer period, this still does not affect its right to demand immediate and strict compliance with these Conditions. You can never exercise any right by virtue of the fact that Yentl Oil may apply these conditions flexibly.

14.3 If one or more provisions of these Terms or any other agreement with Yentl Oil is contrary or in violation to any applicable rule of law, the provision will expire and be replaced by a Yentl Oil determined  new lawful provision.

14. Applicable law / jurisdiction

14.1 All agreements are subject to Dutch law.

14.2 Disputes arising from an agreement between Yentl Oil (owner www.yentloil.com) and buyer, which cannot be resolved by mutual agreement, will be made known to the competent court in the district of Amsterdam, unless Yentl Oil (owner www.yentloil.com) prefers to give the case to submit to the competent court of the domicile of the purchaser with the exception of those disputes that fall under the jurisdiction of a magistrate.