General Terms and Conditions YouTulip September 2009
1.1 On on offers, orders and agreements between YouTulip and other party, further called "Customer", to the exclusion of any other conditions, these Terms and Conditions (further called Conditions) apply.
1.2 The acceptance of an offer or placing an order implies that Customer accepts the Conditions.
1.3 Of the Conditions may only be diverged of in writing, where all other conditions remain applicable.
1.4 All rights, as stated in the Conditions and any other agreements of YouTulip, are also applicable for any other by YouTulip hired intermediaries and other third parties.
2.1 An Agreement is only concluded after acceptance of the agreement by YouTulip. YouTulip has the right to refuse any agreement or to determine certain extra conditions to the order. If an agreement is not accepted, YouTulip will inform Customer within 10 (ten) days after receipt of the order.
2.2 Only orders with a delivery address within the EU are accepted.
3. Prices/Offers 3.1 All prices and offers are non-committal. YouTulip reserves the right to change prices, especially where under the law is necessary.
3.2 When YouTulip agrees a price at the conclusion of the contract, order or agreement, YouTulip reserves the right to increase the price under the following conditions:
- When the price increase is the result of a change in the contract, order or agreement.
- When the price increase comes from an authorization of YouTulip or an obligation under the law.
- In other cases, knowing that Customer does not act in the exercise of a profession or business, Customer has the right to cancel the order.
3.3 YouTulip can not be held to her offers in case Customer can reasonably understand that the offers, or parts of offers, are a mistake or typing error.
3.4 All prices are in Euro, including Dutch V.A.T. and excluding delivery costs.
4. Claims and Returns
4.1 All products can be returned within 7 working days, after which the purchase price of the products will be returned by bank. This is only allowed when the seal has not been broken and the packaging and products are delivered to YouTulip intact. The send and delivery costs (back and forth) are for the account of Customer. This is conform "de Wet Verkoop op Afstand" (Distance Selling Regulations). In case this aspect is not observed, YouTulip can not accept the products or undo the payment.
4.2 Returns need to be sufficiently stamped and addressed to YouTulip. Enclosed must be the name and address of Customer, order number and possible reason of return.
4.3 Customer is obliged at receipt of products to check if the products meet the content of the order. In case the delivered products do not meet the content of the order, Customer must inform (motivated in writing) YouTulip as soon as possible and within three (3) days after receipt of products, or when checking of products was reasonably possible.
4.4 If the delivered products do not match the order, YouTulip can replace or refund the products.
5.1 Reimbursements will never exceed the invoice amount.
6.1 Payments take place in advance of sending of the order, unless otherwise agreed by letter.
6.2 If Customer is in default on any payment, YouTulip is entitled to delay or cancel the agrreement, contract or order.
7.1 The, by YouTulip indicated, delivery period is for reference only. Any delayed order will not give Customer the right for reimbursement, neither to cancel the order or contract, unless the delay of delivery is as such, that on reasonable ground it can not be expected from Customer to maintain the contract. In this situation Customer is autorized to cancel the order or contract, if necessary. 7.2 The hand over of the products is made on the time and place where the products are ready for dispatch.
7.3 If YouTulip can not supply a product because of availability problems, YouTulip has the right to replace the product with an equal product.
8.1 Ownership of the goods will transfer when Customer has settled everything indebted regarding the contract. The risk concerning the goods will move over to Customer at the moment of leaving the YouTulip Warehouse.
9. Electronic communication and proof
9.1 YouTulip is not responsible for miscommunications, deformity, delays and not properly received information and messages as the result of the use of internet or other communication method between Customer (or third party) and YouTulip.
9.2 The administration of YouTulip counts as full proof for the existence, content and execution of the order in a possible legal procedure, until proven otherwise by counterparty.
10. Circumstances beyond one's control
10.1 Unabated all YouTulip's rights, YouTulip has in circumstances beyond her control the right to cancel the execution of the order without judicial intervention, by an announcement in (electronic) writing, without the liability for a reimbursement, unless the circumstances are reasonably unacceptable.
10.2 Circumstances beyond YouTulip's control are all shortcomings which can not be counted to YouTulip, because the shortcomings can not be blamed to YouTulip nor by law, legal act or generally accepted conceptions.
11.1 In case one or more condition in this Terms & Conditions at any time will be declared (partially) void, the remaining conditions stay valid. YouTulip and Customer will discuss replacing conditions in order to replace the cancelled conditions where the purpose and intent of the original conditions is respected.
11.2 YouTulip is authorized to hire third parties for the execution of the order.
12. Applicable law en authorized judge
12.1 On all rights, obligations, offers, orders and contracts on which this Terms & Conditions are applicable, as well as the Terms & Conditions themselves, is exclusively Dutch Law applicable.
12.2 All disputes between parties will be submitted to the competent court in the Netherlands.