TERMS & CONDITIONS
Terms and Conditions OH YAZ
Last update: July 16th 2019
Article 1 – Corporate Identity
Article 2 – Products & CSR
Article 3 – Relevance
Article 4 – Our offer and your order
Article 5 – Right of Withdrawal
Article 6 – Pricing
Article 7 – Delivery and Execution
Article 8 – Circumstances beyond our control
Article 9 – Intellectual property
Article 10 – Complaints and Disputes
Article 1: Corporate Identity
BTW: EXEMPT FROM VAT
Article 2: Products & CSR
We put a lot of love into our products and we value the quality! All our materials respect the environment, and all our cotton products use organic cotton. For some of our products, we also use recycled polyester or cotton. These products are certified OCS Blended when they are mixed with organic cotton. However, when they are used 100% in the product, they are not certified because there is no certifying body for these materials. The majority of our products are certified. GOTS certification applies to all our 100% organic cotton products. OCS Blended certification applies to all our products that are made of several different materials (Cotton/Polyester, Cotton/Tencel, Cotton/Modal, Cotton/wool). Our products are also certified Oeko Tex and are Reach Compliant.
All Products offered for sale on the Site are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value
whatsoever. YAZ cannot accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colors and dimensions.
All products are finalized after orders are confirmed. This to avoid overproduction.
Article 3 - Relevance
These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
We deliver both nationally as internationally.
Clients have to be 18 years or older to order any goods.
Placing an order counts as an explicit acceptance of our general terms and conditions which are available on our website at all times.
When placing an order online, we will provide you with an order confirmation or a copy of the terms and conditions in a printable format or format suitable for saving, if the client explicitly asks for it. However, we do advise you to do so.
When additional terms and conditions are applicable, all of the above applies to these terms and conditions as well. If our general terms and conditions should go against the additional terms and conditions, the customer can always invoke the terms and conditions most in their favor.
Article 4 – Our offer and your order
If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
-Possible costs of delivery
-The manner in which the agreement has been concluded and the necessary signatures
-Whether to apply the right of withdrawal
-The method of payment, delivery and performance of the contract
-The deadline for accepting the offer or the period within which the entrepreneur guarantees the price
-The level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
If the agreement after the conclusion is archived and if so how to consult it for the consumer
The manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by them under the agreement.
Any other languages, including Dutch, for the agreement
The codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and
The minimum duration of the distance agreement in the event of a length transaction.
The order and the agreement between us and the customer are completed as from the moment that the order is confirmed by email and the payment through credit- or debitcard is confirmed by the card provider. We accept payment via PayPal, online banking or cash on delivery. In case the card provider declines your payment to us, we will not be responsible for any time delay for your delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
To purchase a product, the customer adds the product to the checkout. Afterwards the contact details and billing details need to be filled in by the customer. Subsequently or at the same time the customer chooses the mode of delivery. The customer confirms their order by clicking “confirm”.
When the customer’s payment is late/overdue or we have noticed payment issues with the customer’s previous orders, YAZ reserves the right to rescind an agreement.
BTW: EXEMPT FROM VAT
Article 5 – Right of Withdrawal
Deliverance of products
After purchasing products the consumer has the possibility to disband the agreement during 14 days given the fact that the products have not been used or worn, damaged or stained. The customer will provide a reason for the return. The return costs are borne by the customer. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Please note that these conditions are different when you order a personalized shirt. You can ask to see the Terms & Conditions concerning the Right of Withdrawal in our 'Extra Terms & Conditions - Personalization Article 2 - Exclusion Right Of Withdrawal - Cancellation - Suspension'.
Article 6 - Pricing
During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised other than through shipping options.
Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
These are the result of legal regulations or provisions; or
The consumer has the competence to terminate the agreement from the day the price increase takes effect.
As we are a small company we do not charge VAT. This in accordance with Belgian Law.
Article 7 - Delivery and Execution
The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
YAZ will not in any way be responsible for mistakes made by the customer concerning the shipping and billing address and mistakes that may cause time delays in delivery or impossibility of delivery.
All products are finalized after they have been ordered. They need to be printed, labelled, packed and made ready for shipment. All basicproducts that are in stock will be delivered within 2 to 4 working days in Belgium & The Netherlands. These times of delivery are merely an indication/estimation of delivery time. The delivery of our products to international clients ( EU other than BE and NL and other worldwide destination) will take maximum 2 months.
In case a product is out of stock, the customer will be notified by email about a later delivery time. If the customer does not agree with the time delay, the order can be canceled or he can order an alternative product. The canceled order will be reimbursed or in case the customer orders an alternative product, the surplus will be reimbursed or the remaining amount billed.
If we are unable to deliver in time, we will always notify the customer before the end of the estimated delivery term. If we fail to notify the customer, the customer can cancel the order without any cost. In that case, we will reimburse the amount due no later than 30 days after the cancellation.
All shipments are tracked and we are responsible for the risk of delivery at all times. The customer does not need to worry about goods that get lost in the mail. If the customer however returns products within 14 days after purchase because he prefers not to keep them, he will be responsible for any shipping costs.
When by any chance our products are damaged during shipping and therefore don’t match the description of the purchase, the customer needs to report this as soon as possible and definitely within three days and return said products within 14 calendar days after acceptance.
We will not be held responsible for any damage caused by late delivery or non-delivery by the courier. Our liability will be limited to the value of the products which can be proven not to have been received by the customer.
Taking into account what is stated in article 4 of the general conditions/terms, the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to firstname.lastname@example.org. To make sure you take good care of our products you can find instructions in our FAQ!
The Customer will be sent an initial e-mail confirming his order once they have made their purchase in any case.
The customer will then get a second e-mail when his order is dispatched.
YAZ reserves the right to refuse orders, namely in the following cases:
- In the event the stock is running out or if a Product is no longer available;
- In the event of suspicion of severe abuse of rights or bad faith of the Customer;
- In the event of force majeure;
- If it can be assumed that the Customer has the intention to resell the Products.
YAZ is not obliged to justify why the order is refused. YAZ cannot be held responsible for the consequences of wrong information by the Customer.
All contractual details of the order will be communicated to the Customer in the language the Customer chose when they registered at the time they confirmed their order.
Article 8 – Circumstances beyond our control
In case of circumstances beyond our control we are not responsible to fulfil our commitments. In that case we can either postpone our commitments for the duration of the circumstances beyond our control, or disband the commitment altogether.
Circumstances beyond our control are those situations that hinder the compliance of our commitment towards our customers. Examples of such situations are: strikes, fire, company malfunctions, energy malfunctions, malfunctions of the telecommunications network or signal disturbance of used communication systems, non-delivery or late delivery of suppliers, ..
Article 9 – Intellectual Property
All elements (referred to hereinafter as the 'Elements'), including texts, logos, content, all our general communications, the database with all data published on the website, the layout and graphic design of the web pages, photos, images, video and music on the site are protected by copyright, database rights, trademark rights on European scale. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without YAZ's prior consent in writing. Such consent must be obtained in writing. Any infringements of this can be pursued in the courts.
Please note that these conditions are different when you order a personalized shirt. You can find the Terms & Conditions concerning the Intellectual Property in our 'Extra Terms & Conditions - Personalization Article 7 - Royalty & Article 6 - Limitation Of Liability '.
Article 10 - Complaints and Disputes
We definitely hope you are happy with your purchase. If you however have any complaints about your order, please feel free to contact us on email@example.com. We will try our very best to handle your complaint within seven days. Belgian law applies to all agreements between us and our customers, regardless of their place of residence. The only competent courts in dispute settlement are the Belgian courts. If however for any reason international laws apply, for the interpretation of our existing general terms and conditions we will in the first place resort to the Belgian Law of Commercial Practices and Consumer Protection as codified in Book VI of the Code on Economic Law of 2013.
Please note that these conditions are different when you order a personalized shirt. You can find the Terms & Conditions concerning the Protest Process in our 'Extra Terms & Conditions. Personalization Article 4 -Protest Process, Article 5 - Dissolution Of The Agreement - General Reciprocal Damage & Article 8 - Applicable law and competent court'.