Terms and conditions - YIONN

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 cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra warranty
Article 13 – Delivery, execution, and cancellation
Article 14 – Continuing performance transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Additional provisions YIONN

Article 19 – Returning 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 – Void where prohibited
Article 26 – Code of conduct
Article 27 – Indemnification
Article 28 – Purchases
Article 29 – Letters, questions, comments, and reviews
Article 30 – Use of passwords
Article 31 – Changes
Article 32 – Miscellaneous

Annex I: Model withdrawal form

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these items, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement that extends to the regular delivery of goods, services, and/or digital content during a specific period;
Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use for a period tailored to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to opt out of the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to meet simultaneously in the same room.

Article 2 – Identity of the entrepreneur

Stand in the Sun B.V.
Korte Brugstraat 21-D
4871 XP Etten-Leur
076 – 205 52 74 (Monday – Friday, 10:00 AM to 5:00 PM)
support@yionn.com
Chamber of Commerce number: 69398313
VAT identification number: 8578.96.663.B01

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer’s request, either electronically or in another way.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. 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 concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe 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 themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application, providing reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement;
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 continuing performance transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel them to state their reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order for multiple 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 them, received the last shipment or part;
c. in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not delivered on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel them to state their reason(s).
The cooling-off period mentioned 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 when not informed about the right of withdrawal:
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 twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months of the start 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 cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of their right of withdrawal, they shall report this to the entrepreneur within the cooling-off 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 shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in its original state 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 costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates they will bear the costs themselves, the consumer does not have to bear the costs for the return.
If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water, or electricity that has not been made ready for sale in a limited volume or set quantity begins during the cooling-off period, the consumer owes 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 bears no costs for the performance of services or the supply of water, gas, or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation upon withdrawal, or the model withdrawal form, or;
b. the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. prior to its delivery, they did not explicitly consent to the start of the fulfillment of the agreement before the end of the cooling-off period;
b. they did not acknowledge losing their right of withdrawal when giving their consent; or
c. the entrepreneur failed to confirm this statement from the consumer.
If the consumer makes use of their right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with the reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
The entrepreneur uses the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby 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. the performance has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
Agreements related to leisure activities, if a specific date or period of performance thereof is provided for in the agreement;
Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which 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 agreement, but whose delivery can only take place after 60 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The price

During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from 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 influence, with variable prices. This dependency on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from 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 extra warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
Extra warranty is understood to mean any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery, execution, and cancellation

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this at the latest 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
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 designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
If an order cannot be delivered as a result of an incorrect or incomplete address provided by the consumer, or if a package is not collected in time from a collection point and is therefore returned to the entrepreneur, the order will be processed as a return. In that case, the purchase amount paid by the consumer will be refunded, minus the actual shipping costs incurred.

Article 14 – Continuing performance transactions: duration, termination, and extension

Termination:

The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite duration, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
– at any time and not be limited to termination at a specific time or in a specific period;
– at least in the same way as they were entered into by them;
– always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

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 starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not meet their payment obligation(s) in time, they are, after being pointed out by the entrepreneur about the late payment and the entrepreneur having granted the consumer a period of 14 days to still meet their payment obligations, after the failure to pay within this 14-day period, liable for the statutory interest on the amount still owed, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
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 entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements 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 entrepreneur about the conclusion or execution of agreements regarding products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the ODR platform.
A dispute will only be handled by the ODR platform if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
The dispute must be brought before the ODR platform in writing no later than three months after the dispute arose.
When the consumer wants to submit a dispute to the ODR platform, the entrepreneur is bound by this choice. When the entrepreneur wants to do so, the consumer must state in writing within five weeks after a written request to that effect by the entrepreneur whether they also wish to do so or want the dispute to be handled 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 makes a decision under the conditions as set out in the regulations of the ODR platform (ODR Platform).
The ODR platform will not handle a dispute or will cease handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has effectively terminated their business activities before a dispute has been handled and a final decision has been rendered.

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and 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 medium.

Additional provisions YIONN

Article 19 – Returning opened products

If you want to return an unopened YIONN product, please refer to Article 6 of the General Terms and Conditions.
If, for whatever reason, you are dissatisfied with a YIONN product that has already been opened, you can also return it to us. The costs of returning an opened product are at your own expense.

Under our Return Policy, we only reimburse the (partial) purchase price of products that have only been used to the extent reasonably necessary to determine whether they meet expectations or are as desired. Please note that if you want to return an opened product that exceeds this use, you will not receive a (full) refund from us. This also applies to a product that is damaged after you have received it from us. Under our return policy, (nearly) empty or damaged products are not eligible for a refund.

Check our Return Policy to see exactly what you need 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, texts, photos, designs, icons, and illustrations, with the exception of everything already protected under an 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 want to reproduce, publish, change, upload, send (by post), distribute, or disclose anything from this website in any way. The trademarks and logos used and displayed on this site are trademarks of Stand in the Sun B.V. and others. Nothing on this site can be seen or interpreted as permission, implicit or otherwise, as a license or right to use a trademark of or displayed on this site, without prior written permission from the owner of that trademark. Users may only view and/or download the material from this site for personal, non-commercial private use. Stand in the Sun B.V. will use all legal possibilities to protect its intellectual property rights. All rights not explicitly granted to third parties in these terms and conditions are expressly reserved to YIONN or (depending on the case) 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 intend to diagnose or treat skin problems or diseases. If you have a medical skin condition, please 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, a burning sensation, flaking, pain, or other symptoms). If you are dissatisfied with a product, please let us know as soon as possible. For details, see the terms of our Return Policy, which forms an integral part of these terms.
The information provided by this website or company does not replace a personal consultation with a dermatologist or doctor and should not be interpreted as individual medical advice.

Article 22 – Disclaimer for information and/or recommendations

The purpose of this site is to present the author’s ideas and opinions on marketing, selling, and using skincare products. The author’s sole purpose is to provide information to consumers and make recommendations regarding the purchase of skincare products. The information and recommendations presented here are solely a reflection of the author’s opinion, ideas, and knowledge on the subject and the products mentioned. Some people may use a product not recommended or even mentioned on this site with great success, or may 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 likely will react to external stimuli at some point, any product can cause a negative skin reaction at any time. If you become hypersensitive to a particular product, stop using it immediately and see a doctor. If you need medical advice for your skin, please see a doctor or dermatologist.

Article 23 – Disclaimer of warranties

In addition to the provisions in Article 12, the content of this site is provided ‘as is’ and gives no warranty, either explicit or implied. Products sold through this site are sold ‘as is’ and without any warranty of any kind, explicit or implied, other than as provided in Article 12, paragraph 1. Warranties are excluded to the fullest extent permitted by 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 given on 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, your sole remedy is to stop using the site. By using the site, you acknowledge that you do so at your own risk. YIONN is not liable for direct, indirect, incidental, or any other form or type of damage, including all forms of consequential damage, regardless of whether a claim for damages is based on contract, tort, or any other basis for liability whatsoever, regarding the site, its content, or the products described or sold on it, even if YIONN has been advised of the possibility of such damage. An exception to the foregoing is damage that is the direct result of intent or gross negligence by YIONN. In all cases, YIONN’s liability is limited to the amount the user paid for the relevant purchase of products sold on the site or, in the case of a subscription service, any amount paid by the user to use that service for one year.

Article 24 – No endorsement

In certain cases, the site displays the opinions of site users. The mere fact that these opinions are displayed on the site should not be taken to mean that YIONN or Stand in the Sun B.V. agrees with or endorses such opinions.

Article 25 – Void where 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 only offers and sells products to residents of the European Union and only ships packages to addresses within the European Union. YIONN reserves the right to limit, for any reason, the availability of the site and/or the delivery of a product and/or the quantity thereof, to any person, geographic area, or jurisdiction. Any offer for any product made on this site is void where prohibited. Use of this site is not permitted in any jurisdiction where (1) the full scope of these terms and conditions is not valid or (2) the site or any part thereof violates any applicable legal provision.

Article 26 – Code of Conduct

You agree:

not to restrict or prohibit other users from using this site and its services;
not to transmit any unlawful, fraudulent, threatening, abusive, libelous, obscene, or otherwise offensive or harmful information or material, or information or material that incites or encourages criminal conduct or could give rise to liability or otherwise violates any legal provision;
not to transmit any information or software containing a virus, worm, Trojan horse, or any other harmful or disruptive component;
not to transmit any material that violates the intellectual property rights of a third party; not to use this site for commercial or unlawful purposes;
not to alter, adapt, resell, translate, sell, reverse engineer, disassemble, or reassemble anything on this site.

Article 27 – Indemnification

You agree to indemnify and hold YIONN harmless from and against claims, damages, and costs (including all reasonable legal fees incurred in an arbitration, lawsuit, 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 other activities you undertake or have undertaken related 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 apply and also after termination of the 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 credit card details or other payment information. Such information will be treated confidentially by YIONN. You warrant that all information you provide is accurate, complete, and current. You agree to pay all costs incurred by users of your account, credit card, or other payment methods, and to pay the prices in effect at the time you purchase the products. You are also responsible for paying taxes and duties (other than VAT) that (may) apply to your purchase. Prices on the site are in Euros and include VAT.

Article 29 – Letters, questions, comments, and reviews

You acknowledge and agree that by sending YIONN and Stand in the Sun B.V. your questions, comments, and/or product reviews (of YIONN products or products from other brands), in writing or by email, you give irrevocable permission to use, display, reproduce, publish, broadcast, modify, adapt, distribute, translate, and transmit these (in whole or in part) free of charge, at any time, without exception, worldwide, and/or to include them as part of other work, in any form, via any medium or technology now known or hereafter developed, for the entire term of any existing copyright on the material. You further warrant and guarantee 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 the rights of any third party including, but not limited to, copyright, trademark, or any other intellectual property right or any right to protection of privacy.

Article 30 – Use of passwords

Use of any password-protected part of the site is reserved exclusively for the person who has permission and a password to log in to such part of the site (the ‘Authorized Party’). The password is non-transferable and the Authorized Party is responsible for any damage of any kind that YIONN might suffer as a result of (whether intentional or not) distributing or making his or her password available.

Article 31 – Changes

YIONN has the right at any time to (1) change these terms and conditions, (2) change the site, including removing or terminating any content or aspect of the site, adjusting the hours the site is available, limiting how often it may be used, and (3) change (subscription) fees for using this site, including setting new or additional fees for using the site or related services or aspects. These terms and conditions can be adjusted at any time by YIONN by making the changed terms known on the site. Continued use of the site after we have made these changes public means you agree to these changes.

Article 32 – Miscellaneous

Dutch law applies to these terms and conditions and all agreements to which these terms and conditions apply, and you agree to an express choice for the applicability of Dutch law. Each party to an agreement to which these terms and conditions apply further agrees that any disputes arising from or related to such an agreement, which have not been resolved after any involvement of the Disputes Committee mentioned in Article 17, will be settled exclusively by the court in Amsterdam and irrevocably promises not to raise any exception of lack of jurisdiction or other objection against this court. If any (provision of such an) agreement must be enforced in court, the prevailing party is entitled to reimbursement of legal costs and reasonable legal assistance fees. If any provision of these terms and conditions is deemed void or unenforceable by a court or other competent authority, such provision will lapse or be limited only to the extent necessary and such that the remaining provisions of the agreement remain in effect and enforceable. Any prior or simultaneous written or oral agreements that may exist lapse if an agreement is entered into to which these terms and conditions apply; in that case, only the provisions in these terms apply. A single waiver of rights by a party regarding rights or claims based on non-performance or default by the other party cannot be considered a waiver of rights regarding any previous or later or subsequent non-performance or default. Any title, paragraph title, or heading in these terms is for overview purposes only and is in no way an explanation or definition of a paragraph, text, or condition described therein.