General terms and conditions Stand in the Sun B.V.
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability.
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal.
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery, execution and cancellation
Article 14 – Duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes.
Article 18 – Additional or different provisions
Additional provisions YIONN
Article 19 – Return of opened products
Article 20 – Intellectual property rights
Article 21 – Disclaimer for products and/or advice
Article 22 – Disclaimer for information and/or recommendations
Article 23 – Disclaimer for warranties
Article 24 – No consent
Article 25 – Invalid if prohibited
Article 26 – Code of Conduct
Article 27 – Indemnification
Article 28 – Purchases
Article 29 – Letters, questions, comments and assessments.
Article 30 – Use of passwords
Article 31 – Changes
Article 32 – Miscellaneous
Article 1 – Definitions
In these terms and conditions, the following definitions shall apply:
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- Ancillary contract: a contract in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the operator or by a third party on the basis of an arrangement between that third party and the operator;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specified period of time;
- Durable data carrier: any device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer’s ability to waive the distance contract within the cooling-off period;
- Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or remote services to consumers;
- Distance contract: a contract concluded between the trader and the consumer under an organized system for the distance sale of products, digital content and / or services, where up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur
Stand in the Sun B.V. Lichttorenhoofd 2 4871 CC Etten-Leur 076 – 205 52 74 (Monday – Friday, 10:00 to 17:00) support@yionn.com Chamber of Commerce number: 69398313 VAT identification number: 8578.96.663.B01
Article 3 – Applicability.
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- These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract, the entrepreneur will indicate in what way the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
- In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
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- If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
Article 5 – The Agreement
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- The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer’s acceptance of the offer and fulfillment of the conditions set forth therein.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is established electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
- The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
- The trader will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer: a. the visiting address of the trader’s branch where the consumer can address complaints; b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal; c. the information about warranties and existing service after purchase; d. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products: 1. The consumer can dissolve an agreement related to the purchase of a product during a reflection period of at least 14 days without giving reasons. The operator may ask the consumer about the reason for withdrawal, but may not require the consumer to provide his reason(s). 2. The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or: a. if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part; c. for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content not delivered on a tangible medium: 3. A consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The operator may ask the consumer about the reason for withdrawal, but may not require the consumer to provide his reason(s). 4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal: 5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. 6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within 12 months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
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- During the cooling-off period, the consumer will handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to establish the nature, characteristics and operation of the product. The premise here is that the consumer may only handle and inspect the product as he would be permitted to do in a retail store.
- The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
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- If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
- The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct cost of returning the product. If the trader has not notified the consumer that the consumer must bear these costs or if the trader indicates that the consumer will bear the costs himself, the consumer does not have to bear the cost of return shipment.
- If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity begin during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if: a. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or; b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
- The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if: a. prior to its delivery, he has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period; b. he has not acknowledged losing his right of withdrawal when giving his consent; or c. the entrepreneur has failed to confirm this statement by the consumer.
- If the consumer exercises his right of withdrawal, all ancillary contracts are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
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- If the trader enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
- The operator shall refund all payments made by the consumer, including any delivery costs charged by the operator for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- For reimbursement, the entrepreneur uses the same means of payment that the consumer used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
- If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal.
The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly in the offer, at least in time for the conclusion of the contract:
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- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
- Agreements concluded at a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the operator to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if: a. performance has begun with the express prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
- Service contracts for provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transportation of goods, car rental services and catering;
- Contracts related to leisure activities, if the contract provides for a specific date or period of performance thereof;
- Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that after delivery are by their nature irrevocably mixed with other products;
- Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 60 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or journals, excluding subscriptions thereto;
- The provision of digital content other than on a tangible medium, but only if: a. performance has begun with the express prior consent of the consumer; and b. the consumer has declared that he thereby forfeits his right of withdrawal.
Article 11 – The price
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- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
- Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: a. these are the result of statutory regulations or provisions; or b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and additional warranty
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- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- Additional warranty means any commitment by the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.
Article 13 – Delivery, execution and cancellation
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- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost and the right to possible damages.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.
- In case an order is delivered to a pickup point chosen by the consumer, it can be picked up there within one week. After that, the package returns automatically. You will see this as a status on the Track & Trace. Once we have received the package back, we will credit the products and a €5.95 handling and return fee will be charged.Please note that we do not receive notification from the carrier when your package is returned, so please keep a close eye on the Track & Trace. If you have any questions about the return, please contact us.
Article 14 – Duration transactions: duration, termination and renewal
Termination:
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- The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate the contracts referred to in the preceding paragraphs: – terminate them at any time and not be limited to termination at a specific time or in a specific period; – terminate them at least in the same way as they were entered into by him; – always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension:
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- An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period of time.
- Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
- A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall be at most three months in case the contract extends to the delivery of daily, news and weekly newspapers and magazines regularly, but less than once a month.
- A limited-term agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
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- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
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- Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never require consumers to pay more than 50% in advance. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
- If the consumer does not timely fulfill his payment obligation(s), he is, after he has been pointed out by the entrepreneur to the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, on the amount still owed, the consumer owes the legal interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs shall not exceed: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. The entrepreneur may deviate from the mentioned amounts and percentages for the benefit of the consumer.
Article 16 – Complaints procedure
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- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the operator will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the filing of the complaint, a dispute arises that is amenable to the dispute resolution procedure.
Article 17 – Disputes.
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- Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
- Disputes between the consumer and the trader concerning the conclusion or performance of contracts relating to products and services to be supplied or delivered by this trader may, subject to the provisions below, be submitted by both the consumer and the trader to the ODR platform.
- A dispute will only be handled by the ODR platform if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- No later than three months after the dispute has arisen, the dispute must be submitted in writing to the ODR platform.
- If the consumer wishes to submit a dispute to the ODR platform, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to express in writing, within five weeks after a written request made by the entrepreneur to that effect, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
- The ODR Platform shall adjudicate under the conditions set forth in the Regulations of the ODR Platform(ODR Platform).
- The ODR platform will not handle a dispute or discontinue its handling if the entrepreneur has been granted suspension of payments, become bankrupt or has effectively ceased its business activities, before a dispute has been handled and a final ruling has been issued.
Article 18 – Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Additional provisions YIONN
Article 19 – Return of opened products
If you wish to return an unopened product from YIONN, please see Article 6 of the Terms and Conditions. If, for any reason, you are dissatisfied with a product from YIONN that has already been opened, you can also return it to us. You are responsible for the cost of returning an opened product.
Under our Return Policy, we refund only the (partial) purchase price of products that have been used only to the extent reasonably necessary to determine whether it is satisfactory or satisfactory. Please note that if you wish to return an opened product that exceeds this usage, you will not receive a (full) refund from us. This also applies to a product that is damaged after you receive it from us. Under our return policy, (nearly) empty or damaged products are not eligible for refunds.
See our Return Policy for exactly what to do if you want to return an opened product.
Article 20 – Intellectual property rights
This website and everything on this website, including but not limited to images, text, photographs, designs, icons and illustrations, with the exception of anything already protected under a pre-existing copyright or other intellectual property right, is the property of YIONN, Stand in the Sun B.V. and/or its owners or (business) partners. Prior written permission from Stand in the Sun B.V.. and YIONN is required if you wish to reproduce, publish, alter, upload, send (by mail), distribute or in any way make public anything from this website. The trademarks and logos used and depicted on this site are trademarks of Stand in the Sun B.V. and others. Nothing on this site shall be construed or interpreted as granting, by implication or otherwise, any license or right to use any trademark of or displayed on this site without the prior written consent of the owner of that trademark. Users may view and/or download material from this site for personal, non-commercial private use only. Stand in the Sun B.V. will use all legal means to protect its intellectual property rights. All rights not expressly granted to third parties in these terms and conditions are expressly reserved to YIONN or (as the case may be) Stand in the Sun B.V.
Article 21 – Disclaimer for products and/or advice
This website does not provide medical advice and does not attempt or purport to diagnose or treat skin problems or diseases. If you have a medical skin problem, make an appointment with a doctor or dermatologist. All products should be used as indicated in the product descriptions on this website. Stop using a product if it causes irritation (redness, itching, burning, scaling, pain, or other symptoms). If you are dissatisfied with a product, please let us know as soon as possible. For details, please see the terms of our Return Policy, which is an integral part of these terms and conditions. The information provided by this website or company does not replace a personal consultation with a dermatologist or physician and should not be construed as individual medical advice.
Article 22 – Disclaimer for information and/or recommendations
The purpose of this site is to represent the author’s ideas and opinions on marketing, selling and using skin care products. The author’s sole purpose is to provide consumers with information and recommendations regarding the purchase of skin care products. The information and recommendations presented here are solely a representation of the author’s opinion, ideas and knowledge of the subject and products mentioned. Some people may use with great success a product not recommended or even mentioned on this site, or be very satisfied with a skincare routine that YIONN has advised against. Everyone has the inalienable right to judge products according to her or his personal criteria and to disagree with the author. More importantly, since everyone’s skin can and probably will react to external stimuli at some point, any product can cause a negative skin reaction at some point. If you become hypersensitive to a particular product, stop using it immediately and see your doctor. If you need medical advice for your skin, see a doctor or dermatologist.
Article 23 – Disclaimer for warranties
In addition to the provisions of Article 12, the contents of this site are provided “as is” and do not give any warranty, express or implied. The products sold through this site are sold “as is” and without any warranties of any kind, express or implied, other than those provided in Article 12(1). Warranties are excluded in the broadest sense permitted under the law. YIONN does not warrant or represent that the content of the site, whether written by Stand in the Sun B.V., YIONN or third parties, is accurate or reliable, or that the site is free of errors or viruses, or that access to and use of the site will be uninterrupted and secure at all times. You are aware that warranties made on any third party products that may be described on the Site (for example, in the context of third party product reviews) are made solely by that party and not by YIONN or Stand in the Sun B.V. If you are dissatisfied with the site, the only thing you can do about it is to not use the site (anymore). By using the site, you acknowledge that you do so at your own risk. YIONN shall not be liable for direct, indirect, incidental or any other form or type of damages, including all forms of consequential damages, whether a claim for damages is based in contract, tort or any other basis for liability, with respect to the site, its content or the products described or sold thereon, even if YIONN has been advised of the possibility of such damages. An exception to the foregoing shall be damages that are the direct result of willful misconduct or gross negligence of YIONN. YIONN’s liability in all cases is limited to the amount paid by the user for the relevant purchase of products sold on the site or, in the case of a subscription service, the amount, if any, paid by the user to use that service for one year.
Article 24 – No consent
In some cases, the site displays the opinions of site users. The mere display of such opinions on the site should not imply that YIONN or Stand in the Sun B.V. agrees with or endorses such opinions.
Article 25 – Invalid if prohibited
Although the site is accessible worldwide, not all products described or sold on it are available to everyone or in all geographic areas or jurisdictions. YIONN offers and sells products only to residents of the European Union and sends packages only to addresses within the European Union. YIONN reserves the right, for any reason, to limit the availability of the site and/or the provision of any product and/or quantity thereof, to any person, geographic area or jurisdiction. Any offer for any product made on this site does not apply if not permitted. The use of this site is not permitted in any jurisdiction where (1) the entire purport of these terms and conditions is not valid or (2) the site or any part thereof violates any provision of law applicable there.
Article 26 – Code of Conduct
You agree to: – Not to restrict or prohibit other users from using this site and its services; – Not to transmit any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise offensive or harmful information or material, or any information or material that incites or encourages criminal conduct or could give rise to liability or otherwise violate any provision of law; – not to transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; – not to transmit any material that infringes the intellectual property rights of any third party; – not to use this site for any commercial or illegal purpose; – not to change, modify, resell, translate, sell, reverse engineer, disassemble or reconstitute anything on this site.
Article 27 – Indemnification
You agree to indemnify and hold YIONN harmless from and against any claims, damages and costs (including all reasonable costs of legal representation incurred in any arbitration, litigation or appeal) resulting, directly or indirectly, from your violation of any provision of these terms and conditions (including violation of the Code of Conduct) and/or resulting from any other activities you undertake or have undertaken that relate to this site or the products discussed, offered or sold on it. This section remains in effect after termination, for any reason, of any agreement to which these terms and conditions apply and also after termination of use of this site.
Article 28 – Purchases
If you wish to purchase products offered on this site, you may be asked to provide certain information, including but not limited to your credit card or other payment information. Such information will be kept confidential by YIONN. You guarantee that all information you provide is accurate, complete and current. You agree to pay all fees incurred by users of your account, credit card or other payment methods, and that you will pay the prices in effect at the time you purchase the products. You are also responsible for paying any taxes and duties (other than VAT) that (may) apply to your purchase. The prices on the site are in Euros and include VAT.
Article 29 – Letters, questions, comments and assessments.
You acknowledge and agree that by sending YIONN and Stand in the Sun B.V. sending you questions, comments and/or product reviews (of YIONN products or products of other brands), in writing or by e-mail, you give your irrevocable consent to use, display, reproduce, publish, broadcast, modify adapt, distribute, translate and transmit them (in whole or in part) and/or incorporate them as part of other work, in any form, medium or technology now known or hereafter developed, for the entire term of any existing copyright in the material. You further represent and warrant that, by sending material to YIONN or Stand in the Sun B.V., you are authorized and entitled to grant and transfer such rights and that the material you send does not violate any rights of any third party including, but not limited to, copyright, trademark or any other intellectual property right or any right to protection of personal privacy and privacy.
Article 30 – Use of passwords
Use of any password-protected portion of the Site is reserved solely for the person who has permission and a password to log into such portion of the Site (the “Authorized Party”). The password is not transferable and the Authorized Party is responsible for any damages of any kind that YIONN may suffer as a result of distributing or making his or her password available (intentionally or unintentionally).
Article 31 – Changes
YIONN has the right at any time to (1) modify these Terms and Conditions, (2) change the site, including removing or discontinuing any content or aspect of the site, adjusting the hours that the site is available, limiting how often it may be used, and (3) change (subscription) fees for use of this site, including establishing new or additional fees for use of the site or related services or aspects. These terms and conditions may be modified by YIONN at any time by posting the modified terms and conditions on the site. Continued use of the site after we have made these changes public means that you agree to these changes.
Article 32 – Miscellaneous
Dutch law applies to these general terms and conditions and all agreements to which these general terms and conditions apply and you agree to expressly choose the applicability of Dutch law. Each party to an agreement to which these general terms and conditions apply further agrees that any disputes arising out of or in connection with such agreement, which have not been resolved after possible recourse to the Disputes Committee referred to in Article 17, shall be settled exclusively by the District Court of Amsterdam and irrevocably undertakes not to raise any plea of lack of jurisdiction or other objection against such court. If any (provision of such) agreement must be enforced in court, the prevailing party shall be entitled to reimbursement of litigation costs and reasonable legal fees. If any provision of these general terms and conditions is held by a court or other competent authority to be void or unenforceable, such provision shall lapse or be limited but only to the extent necessary and in such a manner that the remaining provisions of the agreement remain intact and enforceable. Any previous or contemporaneous written or oral agreements that might have existed shall lapse if a contract is entered into to which these general terms and conditions apply, in which case only the provisions of these terms and conditions shall apply. A mere waiver by a party with respect to rights or claims based on non-performance or default of the other party shall not be deemed a waiver with respect to any prior or subsequent or successive non-performance or default. Any title, paragraph title or heading in these terms and conditions is there solely for the sake of clarity and is in no way an explanation or definition of any paragraph, text or condition described therein.
Annex I: Model withdrawal formModel withdrawal form(Please complete and return this form only if you wish to withdraw from the contract)
- To: [ name of entrepreneur] [ geographic address of entrepreneur] [ fax number of entrepreneur, if available] [ e-mail address or electronic address of entrepreneur].
- I/We* hereby inform/share* you, that I/We* have terminated our agreement regarding sale of the following products: [aanduiding product]*the supply of the following digital content: [aanduiding digitale inhoud]*the provision of the following service: [aanduiding dienst]*,revoke/revoke*
- Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]
- [Naam consumenten(en)]
- [Adres consument(en)]
- [Handtekening consument(en)] (only if this form is submitted on paper)
* Cross out what does not apply or fill in what is applicable.