Article 1. Company
Address: Venserweg 21M, 1112AR, Diemen, Netherlands
+31 20 7867784
+31 6 83295085
Chamber of Commerce: SmartSell 2
Chamber of Commerce number: 81649800
VAT number : NL003587369B08
EORI number: NL5558061013
Reachable by phone Days / Hours: Mon – Sat / 9:00 am – 6:00 pm
YouWhish is part of SmartSell
1. These General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all offers, orders and agreements of You Wish, to the exclusion of any other general terms and conditions.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 It is only possible to deviate from the provisions of these Conditions in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these Conditions and in any further agreements for YouWish Soap, are also stipulated for intermediaries and other third parties engaged by You Wish.
Article 2. Offers / agreements
2.1 All offers from You Wish are without obligation and You Wish expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations. See also article 3.6.
2.2 An agreement is only concluded after acceptance of your order by You Wish. You Wish is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, YouWish Soap will notify this within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The stated prices for the products and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 Payment must be made in advance without discount or compensation if it is deliveries unless otherwise agreed in writing.
3.3 Payment can be made in (one of) the way (s) as indicated during the ordering process. Further (payment / order) conditions may be imposed on your order. When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of YouWish Zeep.
3.4 If the payment term is exceeded, you will be in default from the day that payment should have been made and from that day you will owe default interest of 1% per month or part of a month on the outstanding amount. If payment is made after a reminder by You Wish, you owe an amount of twenty-two euros and sixty-nine cents (€ 22.69) in administration costs and if You Wish outsources its claim for collection, you also owe the collection costs, which at least fifteen percent %) of the outstanding amount, without prejudice to You Wish’s authority to instead claim the extrajudicial collection costs actually incurred.
3.5 If you are in default of any payment, You Wish is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.6 If the prices for the products and services offered increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by You Wish.
3.7 If you use a gift voucher for payment, it must be used in one go. You will not receive a refund, nor can you spend the gift voucher spread over several orders.
Article 4. Delivery
4.1 The delivery times stated by You Wish are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery period is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement to the extent necessary.
4.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.
4.3 If a product is not available from YouWish, you will receive a credit invoice from YouWish in your package and YouWish will return the amount you paid for the product within 5 working days. YouWish does not send any products.
Article 5. Retention of title
5.1 The ownership of the delivered products is only transferred when you have paid everything you owe You Wish under any agreement. The risk with regard to the products is already transferred to you at the time of delivery.
Article 6. Intellectual and Industrial Property Rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by You Wish.
Article 7. Return and liability
7.1 You have the obligation to check on delivery whether the products comply with the agreement. If this is not the case, you must inform YouWish as soon as possible and in any case within three (3) working days after delivery, at least after observation was reasonably possible, in writing and with reasons.
7.2 If it has been demonstrated that the products do not comply with the agreement, You Wish has the choice to replace the products concerned by returning them with new products or to refund the invoice value thereof.
7.3 If you do not wish to purchase a product for any reason, you have the right to return the product to YouWish within seven (7) working days after delivery. In this case, return shipments are only accepted if the packaging of the product is undamaged and the plastic seal on the packaging has not been broken, whereby the costs for return shipments are also at your expense.
Article 8. Orders / communication
8.1 For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and You Wish, or between You Wish and third parties, insofar as they relate to the relationship You Wish is not liable between you and You Wish, unless and insofar as there is intent or gross negligence on the part of You Wish.
Article 9. Force of the majority
9.1 Without prejudice to its other rights, You Wish has the right, in the event of force majeure, to suspend the execution of your order, at its own discretion, or to dissolve the agreement without judicial intervention, by notifying you in writing. and such without You Wish being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming that cannot be attributed to You Wish, because it is not attributable to it and cannot be attributed to it by law, legal act or generally accepted beliefs.
Article 10. Miscellaneous
10.1 If you provide You Wish with an address in writing, You Wish is entitled to send all orders to that address, unless you notify You Wish in writing of another address to which your orders should be sent.
10.2 If You Wish permits deviations from these Terms and Conditions, whether tacitly or otherwise, for a short or longer period of time, this will not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any right based on the fact that You Wish applies these Conditions flexibly.
10.3 If one or more of the provisions of these Terms and Conditions or any other agreement with You Wish should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible one to be determined by You Wish. comparable provision.
10.4 You Wish is authorized to make use of third parties in the execution of your order (s).
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these Conditions, are exclusively governed by Dutch law.
11.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.