GENERAL TERMS AND CONDITIONS YANKS INDIAN CLUB
Located at Dorpsplein 2, 2042JKZandvoort, The Netherlands
Registered with the Chamber of Commerce under number 34091446
Article 1. Definitions
In these general terms and conditions, the following terms are capitalized and used with the following meaning, unless explicitly stated otherwise:
- Yanks Indian Club: the private company with limited liability Yanks Indian Club, contractual counterparty to the Agreement with the Consumer and user of these general terms and conditions within the meaning of Article 6: 231 sub b BW.
- Offer / Offer: proposal by Yanks Indian Club to Consumer to conclude an Agreement, for example in a quotation or online via a web shop.
- Consumer: the natural person who orders Yanks Indian Club to deliver goods or services and does not act in the exercise of a profession or business and is the other party to the Agreement with Yanks Indian Club within the meaning of Article 6: 231 sub c. BW.
- Right of withdrawal: the option for the Consumer to cancel the Distance Agreement within the cooling-off period.
- Model form:the model form that is made available to the Consumer by Yanks Indian Club on its website and which form enables the Consumer to make use of his Right of Withdrawal.
- Order: the assignment to deliver goods or services at Yanks Indian Club or to place an order thereto
- Agreement: the agreement between Yanks Indian Club and the Consumer on the basis of which Yanks Indian Club supplies products and / or services to the Consumer.
- Distance Agreement:: an Agreement whereby, in the context of a system organized by Yanks Indian Club for the distance sale of products and / or services, up to and including the conclusion of the Agreement, only one or more Techniques are used for remote communication.
- Parties: Yanks Indian Club and the Consumer jointly.
- In writing:: in writing” in these general terms and conditions also includes communication by e-mail and digital (for example via an online interface), provided that the identity of the sender and the integrity of the content are sufficiently established.
- Technology for distance communication: means that can be used to conclude an agreement, without the Consumer and Yanks Indian Club being together in the same room at the same time.
- Website: https://yanks.nl/
Article 2. Applicability
- The present general terms and conditions apply to all Offers, Agreements and deliveries of Yanks Indian Club, of whatever nature, unless such applicability has been explicitly excluded in writing in whole or in part or explicitly agreed otherwise.
- Any conditions of the Consumer are explicitly rejected. Deviations from and additions to these terms and conditions are only applicable if and insofar as they have been expressly accepted in writing by Yanks Indian Club.
- If Yanks Indian Club permits deviations from these general terms and conditions, tacitly or otherwise, for a short or longer period of time, this will not affect its right to demand immediate and strict compliance with these terms and conditions. The Consumer cannot derive any rights from the way in which Yanks Indian Club applies these terms and conditions.
- These terms and conditions also apply to all Agreements with Yanks Indian Club, for the performance of which third parties must be involved. These third parties can directly invoke these terms and conditions, including any limitations of liability.
- If one or more of the provisions of these general terms and conditions or any other Agreement with Yanks Indian Club should be in conflict with a mandatory legal provision or any applicable legal provision, the relevant provision will lapse and will be replaced by one by Yanks. Indian Club to enact new, legally permissible and comparable provision.
- Yanks Indian Club reserves the right to change these terms and conditions at any time. The general terms and conditions always apply to the Agreement as they read at the time of the conclusion of the Agreement with the Consumer.
Article 3. Offers and prices
- All Offers of Yanks Indian Club are revocable, are made without obligation and as long as stocks last, unless explicitly stated otherwise.
- The prices in the Offers of Yanks Indian Club are inclusive of sales tax and other government levies, but exclusive of any shipping costs to be incurred in the context of the assignment, unless stated otherwise.
Article 4. Establishment of the Agreement
The Agreement between Yanks Indian Club and the Consumer is only concluded after the Consumer has completed the ordering process on the website and has paid the order amount to Yanks Indian Club. In the event of payment afterwards or by bank transfer to the bank account of Yanks Indian Club, the Agreement will be concluded after the ordering process on the website has been fully completed and Yanks Indian Club will then confirm the Order to the Consumer by email as soon as possible.
Article 5. Delivery and delivery terms
- Unless otherwise agreed, delivery takes place to the delivery address specified by the Consumer and the shipping costs are for the account of the Consumer. The shipping costs will be clearly stated in the offer by Yanks Indian Club.
- If Yanks Indian Club requires information from the Consumer in the context of the performance of the Agreement, the delivery time will commence after the Consumer has made all necessary information available to Yanks Indian Club.
- If Yanks Indian Club has stated a term for delivery or performance of the Agreement, this is only indicative. A specified delivery time can therefore never be regarded as a strict deadline. If a term is exceeded, the Consumer Yanks Indian Club must therefore give written notice of default. Yanks Indian Club must thereby be offered a reasonable term to still implement the Agreement.
- The risk regarding the delivered goods is transferred to the Consumer at the time of delivery. In the context of these general terms and conditions, delivery is understood to mean: the moment at which the goods are received by the Consumer.
- The Consumer is obliged to accept the purchased goods at the time when they are available or handed over to him.
- Yanks Indian Club reserves the right to engage third parties not employed by it for the execution of (parts of) the assignment at its expense.
Article 6. Viewing period and right of withdrawal
- In the event of a distance purchase, the offer will also include a trial period of at least fourteen (14) calendar days, starting the day after receipt by or on behalf of the Consumer, unless otherwise agreed. In that case, the purchase is only final when fourteen (14) calendar days have passed after receipt of the item.
- During the trial period, the Consumer has a right of withdrawal, whereby he has the option to return the goods received without any obligation on his part, other than for reimbursement of the direct costs of return, unless explicitly agreed otherwise.
- The Consumer can only invoke his right of withdrawal by informing Yanks Indian Club within a period of fourteen (14) calendar days after receipt by or on behalf of the Consumer of his intention in writing or by e-mail. Make the model form available on its website. The completed Model Form must be sent by email to firstname.lastname@example.org
- If the Consumer invokes the Right of Withdrawal, Yanks Indian Club will refund any amount already paid by the Consumer within fourteen (14) calendar days.
- The Consumer can only actually make use of his right of withdrawal if the items concerned are returned complete, undamaged, unused and in the original packaging. After invoking his right of withdrawal, the Consumer must return the delivered goods within fourteen (14) calendar days to Yanks Indian Club. The costs of which are for the account of the Consumer, unless explicitly agreed otherwise.
- In case of damage to the product due to careless handling by the Consumer himself, the Consumer is liable for any depreciation of the product.
- Custom-made products are excluded from the trial period and the right of withdrawal. Such exclusion will be clearly stated in the offer.
Article 7. Invoicing and payment
Unless expressly agreed otherwise, payment for goods ordered is made by full advance payment in one go on one of the payment methods offered by Yanks Indian Club on its website. After payment, the Consumer will receive a specified invoice from Yanks Indian Club by email.
Article 8. Liability
- If Yanks Indian Club is liable for damage, then that liability is, to the extent permitted by law, limited to compensation for direct damage and to a maximum of the invoice amount of the Agreement, or that part of the Agreement to which the liability relates. Direct damage is exclusively understood to mean:
- the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions;
- any reasonable costs incurred to have the defective performance of Yanks Indian Club conform to the Agreement, unless these cannot be attributed to Yanks Indian Club;
- reasonable costs incurred to prevent or limit damage, insofar as the Consumer demonstrates that these costs have led to limitation of the direct damage as referred to in these general terms and conditions.
- Yanks Indian Club is never liable for indirect damage, including personal injury, consequential damage, lost profit, missed savings, damage due to business interruption.
- Yanks Indian Club is not liable for damage, of whatever nature or in any form, because it is based on incorrect and / or incomplete information provided by the Consumer. Any costs resulting from this for Yanks Indian Club will be borne by the Consumer.
- The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Yanks Indian Club.
Article 9. Quality, conformity and warranty
- If the goods delivered are not in accordance with the Agreement, the Consumer must report any defects or incorrectly delivered goods to Yanks Indian Club within a reasonable time after discovery. The Consumer is obliged to inspect the delivered goods immediately upon receipt and to immediately report any defects in writing.
- Yanks Indian Club guarantees that all goods delivered by it are sound, that is to say that the goods delivered offer the safety that can be expected from them and that the goods are of the usual quality, are suitable for their destination and meet the requirements set out here. reasonable requirements or the requirements explicitly agreed between the parties.
- The guarantee is determined in accordance with the applicable law, whereby Yanks Indian Club will first exchange or repair the goods in case of defects, at its own discretion. If an article cannot be repaired or if the exchanged article also shows defects, the Consumer is entitled to return the articles with a full refund of the purchase amount.
- Drawings, technical descriptions, samples, samples, images, colors, sizes and material designations are provided by Yanks Indian Club in good faith and as accurately as possible. However, these informative data are not binding. Deviations in goods delivered with the margins customary in the industry must be accepted and do not entitle the Consumer to any claim, replacement, compensation for damage or any other right, unless a smaller margin for deviations has explicitly been agreed in the Agreement.
Article 10. Force majeure
- In case of force majeure, Yanks Indian Club is entitled to dissolve the Agreement or to suspend the fulfillment of its obligations towards the Consumer for a reasonable period without being obliged to pay any compensation.
- In the context of these general terms and conditions, force majeure is understood to mean: a non-attributable shortcoming on the part of Yanks Indian Club, of the third parties or suppliers engaged by it or another serious reason on the part of Yanks Indian Club that causes Yanks Indian Club cannot execute the assignment on time or without excessive onerous effort and / or costs measured by objective standards.
- If Yanks Indian Club has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the Consumer is obliged to pay this invoice. as if it were a separate agreement. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 11.Applicable law and dispute resolution
- All agreements concluded between Yanks Indian Club and the Consumer are governed by Dutch law.
- The Dutch text of these general terms and conditions is always decisive for the content and explanation of the present terms and conditions and any translations thereof.
- All disputes – including those that are regarded as such by only one of the parties – which arise as a result of an agreement to which the present terms and conditions apply in whole or in part, or as a result of other agreements that are the result of a such agreement will be settled by the competent court in the district of the Consumer’s place of residence. This does not alter the fact that Yanks Indian Club may agree with the Consumer to have the dispute settled by means of independent arbitration.