Of Yehwang Product Imports International Ltd, CoC no.: 50060570
Article 1 - Definitions
In these conditions, the following definitions apply:
- Cooling-off period: the period during which the buyer can use his right of withdrawal;
- Buyer / other party: the (legal) person acting in the practice of an occupation or operation of a business and remotely entering into an agreement with Yehwang;
- Day: calendar day;
- Durable data carrier: any means that enables the buyer to store information directed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the buyer’s option to renounce the distance agreement in the cooling-off period;
- Yehwang: the legal entity that offers products to buyer(s) remotely as well as the user of the General Conditions;
- Distance agreement: an agreement under which one or more techniques for distance communication are exclusively used up until the conclusion of the agreement in the context of a system for the distance selling of products organized by Yehwang;
- Technique for distance communication: means that can be used for concluding an agreement without requiring the buyer and Yehwang to come together simultaneously in the same room;
- General Conditions: the present General Conditions of Yehwang.
Article 2 - Applicability
1. These general conditions apply to every offer made by Yehwang and to any distance agreement reached as well as orders between Yehwang and buyer.
2. Before a distance agreement is concluded, the text of the General Conditions is made available to the buyer. If this is not reasonably possible, it will be indicated - prior to the conclusion of the distance agreement - that the General Conditions can be inspected at Yehwang and will be sent at the request of the buyer at the earliest possible time free of charge.
3. If the distance agreement is concluded electronically, the text of the General Conditions can be made available to the buyer by electronic means - notwithstanding the preceding paragraph and before the distance agreement is concluded - in such a way that the buyer can store it on a durable data carrier in a simple manner. If this is not reasonably possible, it will be indicated - prior to the conclusion of the distance agreement - where the General Conditions can be inspected by electronic means, and it will be specified that they will be sent electronically or otherwise at the request of the buyer free of charge.
4. If one or more provisions of the General Conditions are wholly or partly void or made invalid at any time, the agreement and these conditions will remain in effect in other respects, and the provision concerned will be immediately replaced - by mutual agreement - by a provision that approaches the meaning of the original to the highest possible extent.
5. Any lack of clarity regarding the explanation or content of one or more provisions of the General Conditions or situations that are not provided for by the General Conditions should be interpreted ‘in the spirit of’ the General Conditions.
Article 3 - The offer
1. If an offer has a limited validity or is subject to conditions, it will be explicitly stated in the offer.
2. The offer is free of obligations. Yehwang is authorized to change and adjust the offer.
3. The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed to allow the buyer to properly assess the offer. If Yehwang uses images, these will be a true reflection of the products offered. Yehwang cannot guarantee that the displayed colors correspond exactly with the real colors of the products. Obvious mistakes or obvious errors in the offer do not bind Yehwang.
4. All images, specifications, and data in the offer are indicative and cannot give rise to damages or rescission of the agreement.
Article 4 - The agreement
1. Subject to the provisions in paragraph 4, the agreement will be concluded at the time of acceptance by the buyer of the offer and in compliance with the corresponding conditions.
2. If the buyer accepted the offer electronically, Yehwang will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by Yehwang, the buyer may rescind the agreement.
3. If the agreement is concluded electronically, Yehwang shall take appropriate technical and organizational measures to protect the electronic transmission of data, and it will ensure a secure web environment. If the buyer can pay electronically, Yehwang will observe the security measures appropriate for this purpose.
4. Within statutory frameworks, Yehwang can inform itself of whether the buyer is able to meet his payment obligations, as well as all facts and factors that are important for a well-founded conclusion of a distance agreement. If Yehwang has good reasons to not enter into the agreement on the basis of this investigation, it is authorized to justifiably reject an order or request or connect special conditions to its implementation.
5. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 5 - Right of withdrawal
1. When purchasing products, the buyer has the option to rescind the agreement without having to state a reason within 7 days. This cooling-off period commences on the day after the product has been received by either the buyer or a representative who was predesignated by the buyer and made known to Yehwang.
2. During the cooling-off period, the buyer shall treat the product and packaging carefully. He shall only unpack or use the product insofar as necessary to be able to assess whether he wishes to keep the product. If the buyer uses his right of withdrawal, he shall return the product to Yehwang including all delivered accessories and in its original condition.
3. If the buyer wishes to use his right of withdrawal, he is obliged to give notice of this to Yehwang within 7 days after receiving the product. After the buyer has expressed that he wishes to use his right of withdrawal, the customer must return the product within 7 days after receiving it. The buyer must prove that the goods delivered have been returned on time - for example, through a proof of shipment.
4. If the buyer has not expressed that he wishes to use his right of withdrawal or has not returned the product to Yehwang after the periods specified in this article, the purchase is a fact.
Article 6 - Costs in the case of withdrawal
1. If the buyer uses his right of withdrawal, the return shipping costs are to be paid by him.
2. If the buyer paid a sum of money, Yehwang will refund this sum as soon as possible, but no later than 14 days after withdrawal. However, this is under the condition that the product has already been returned to Yehwang including all delivered accessories and in its original condition.
Article 7 - The price
1. When concluding the agreement, the parties shall agree to a price that is stated in the offer or will be further agreed. Cost estimates provided to another party by Yehwang are of an indicative and noncommittal nature.
2. Any cost estimates are exclusive of VAT and other levies imposed by the government.
3. If Yehwang agrees upon a price with the buyer, Yehwang is still authorized to increase this price at all times, whereas in that case, the buyer is not authorized to rescind the agreement for this reason, if the increase in price results from a power or obligation under any law or regulation or is caused by a rise in the price of raw materials, prices of gold and silver, wages, et cetera or for other reasons that were not reasonably foreseeable when concluding the agreement.
4. If the price increase - otherwise than by reason of the provisions stated in paragraph 3 of this article - is higher than 10% and occurs within three months after concluding the agreement, only the buyer who is able to rely on Title 5 Section 3 of Book 6 of the Dutch Civil Code is authorized to rescind the agreement by written statement, unless Yehwang is, in this case, still willing to carry out the agreement based on the matters originally agreed upon, or if the price increase results from a power or an obligation imposed on Yehwang under the law or if it has been stipulated that the delivery will take place after more than three months following the purchase.
5. Yehwang will charge the other party for additions or changes to the agreed-upon work desired by the buyer. Insofar as the other party should not have understood the need for a price increase resulting from the additional work assigned, Yehwang will point this out to the other party.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, Yehwang is not obliged to deliver the product in accordance with the erroneous price.
Article 8 – Conformity and warranty (if any)
1. Yehwang guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usefulness, and the statutory provisions and/or government regulations existing on the date of the establishment of the agreement.
2. Any defects or wrongly delivered products should be reported to Yehwang in writing within 7 days after delivery. The products should be returned in their original packaging and in ‘as new’ condition.
3. If a warranty period is provided by Yehwang, it will correspond with the manufacturer’s warranty period. However, Yehwang shall never be responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice with regard to the use or application of the products.
4. Any warranty shall not apply if:
- the buyer repaired and/or processed the delivered products or had them repaired and/or processed by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or if they have been handled contrary to the instructions provided by Yehwang and/or on the packaging;
- the unsoundness is wholly or partly the result of rules that the government set or will set with regard to the nature or quality of the materials used.
Article 9 - Delivery and implementation
1. Yehwang shall exercise all due care when receiving and carrying out orders of products.
2. The place of delivery is the address communicated to Yehwang by the buyer.
3. Yehwang will carry out accepted orders with all due despatch but no later than within 60 days in compliance with the statements made on this in paragraph 4 of this article, unless the buyer agreed to a longer delivery period. If the delivery is delayed, or if an order can only be carried out in part or not at all, the buyer will be informed about this no later than 60 days after he placed the order. In that case, the buyer has the right to rescind the agreement at no cost. The buyer is not entitled to compensation.
4. All delivery periods are indicative. The buyer cannot derive any rights from the periods specified, if any. Exceeding a period does not entitle the buyer to compensation.
5. In the case of a rescission in accordance with paragraph 3 of this article, Yehwang will refund the amount paid by the buyer as soon as possible, but no later than 14 days after the rescission.
6. If the delivery of an ordered product proves impossible, Yehwang will endeavor to provide a replacement item. It will be communicated that a replacement item is being delivered in a clear and understandable manner - no later than at the time of delivery.
7. The risk of damage and/or loss of products rests with Yehwang until the time of delivery to the buyer or a representative who was predesignated and made known to Yehwang, unless expressly agreed otherwise.
Article 10 - Suspension and rescission of the agreement
1. Yehwang is authorized to suspend or rescind the agreement in whole or in part if circumstances arise which are of such nature that compliance with the agreement is impossible or if other circumstances arise that are of such nature that an unaltered maintenance of the agreement cannot reasonably be expected from Yehwang.
2. Yehwang has the right to suspend or rescind the agreement with immediate effect without any judicial intervention and without any notice of default if the other party is declared bankrupt, has been granted moratorium, has applied for bankruptcy or a provisional moratorium, or wishes to make a settlement with its creditors in order to avert this, in the case of a seizure, if the other party is placed under guardianship, if the Natural Persons Debt Rescheduling is applied to, or if it loses full or partial power of disposition of its assets in other respects.
3. If circumstances arise with regard to persons and/or materials that Yehwang uses or tends to use for the implementation of the agreement, which are of such nature that the implementation of the agreement becomes either impossible or problematic and/or disproportionately expensive to such an extent that compliance with the agreement can no longer be expected in all reasonableness, Yehwang is authorized to suspend or rescind the agreement.
4. In addition to the cases listed in this article in which Yehwang is authorized to suspend or rescind, claims of Yehwang against the other party are also immediately due in the following cases:
- circumstances that came to Yehwang’s notice after conclusion of the agreement give Yehwang good reason to fear that the other party will not fulfill its obligations;
- if Yehwang asked the other party to provide security for the fulfillment of the agreement at the time of its conclusion, and this security fails to be provided or is insufficient;
- if the other party decides to go on a strike or liquidate its company or an important part thereof, or if a decision is made to this end;
5. If the other party fails to comply with one or more obligations towards Yehwang in a proper or timely manner or does not comply with these at all, all other (remaining) claims made by Yehwang against the other party are immediately due.
6. A case of suspension or rescission does not alter the right of Yehwang to claim compensation.
Article 11 - Retention of title
1. Any goods delivered or made available by Yehwang remain the property of Yehwang until the buyer has fulfilled all obligations under all agreements concluded with Yehwang.
2. The buyer is not authorized to pledge the goods or establish any other right on them.
3. If the buyer fails to fulfill his obligations or if there is a reasonable fear that he will fail to do so, Yehwang is authorized to either remove the goods to which the retention of title referred to in paragraph 1 applies or to have them removed, irrespective of where these goods are located. The buyer (or a third party) is obliged to provide full cooperation under penalty of a fine of 10% of the amount due per day or part thereof.
4. If third parties want to establish or claim any right to the goods delivered under the retention of title, the buyer is obliged to inform Yehwang of this as soon as may reasonably be expected.
Article 12 - Payment
1. Yehwang shall charge the buyer for the goods it will deliver or has delivered at its sole discretion.
2. Payment must be made within 14 days after the invoice date. In the event of failure to pay, the buyer will be in default following the expiry of 14 days after the invoice date without further notice of default. In that case, the buyer shall owe Yehwang an interest on the outstanding claims of Yehwang of 1% of the amount due per month or part thereof, without prejudice to Yehwang’s right to full compensation.
3. All costs for the recovery of the buyer’s amount due are to be paid for by the buyer. The costs for obtaining out-of-court settlement are fixed at 15% of the sum total due including interest, with a minimum of € 750.-, without prejudice to Yehwang’s right to claim the actual costs if these are higher.
4. If one of the situations listed in article 8 occurs, regardless of the circumstance whether Yehwang has or has not exercised its right to rescind the agreement, the liabilities of the buyer shall be immediately due.
5. Payments made by the buyer shall always serve as a settlement of all interest and costs in the first place and of payable invoices that have been unpaid the longest in the second place, even if the other party states that the payment concerns a later invoice.
6. Payment must be made without a discount or settlement.
Article 13 - Liability
1. Another party, including the buyer, shall guarantee the correctness and completeness of the information provided to Yehwang by or on behalf of the other party. Yehwang is not liable for the consequences of providing incorrect and/or incomplete information.
2. Yehwang is not liable for any damage arising from the acts or omissions of the other party, its personnel, or third parties it involved under the terms of the agreement or related work.
3. Yehwang shall never be liable for indirect damages, including consequential loss, lost profits, lost savings, and loss due to business interruption.
4. The liability of Yehwang - insofar as it is covered by its liability insurance - is limited to the amount paid out by the insurer.
5. If, in any case, the insurer decides to not make any payment or if the damage is not covered by the insurance, the liability of Yehwang is limited to the amount of the sum payable by the other party pursuant to the order, yet up to a maximum of € 5,000.-.
6. The other party shall indemnify Yehwang with regard to any claims to damages made by third parties that are linked to the implementation of the agreement and the cause of which can be imputed to parties other than Yehwang.
7. The limitations of liability included in this article do not apply if the damage is due to an intentional act or gross negligence on the part of Yehwang or its managerial subordinates.
8. Every claim against Yehwang is invalid after one year from the date on which the work that the claim relates to has been or should have been performed.
Article 14 - Disputes
1. Agreements between Yehwang and the buyer to which the General Conditions apply are exclusively subject to Dutch law - even if the buyer is domiciled abroad.
2. The Vienna Sales Convention shall not apply.
(version: July 2015)