Article 1 - Definitions
In these conditions, the following definitions apply:
- Cooling-off period: the period during which the buyer can use his right of withdrawal;
- Buyer / other party: the (legal) person acting in the practice of an occupation or operation of a business and remotely entering into an agreement with Yehwang;
- Day: calendar day;
- Durable data carrier: any means that enables the buyer to store information directed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the buyer’s option to renounce the distance agreement in the cooling-off period;
- Yehwang: the legal entity that offers products to buyer(s) remotely as well as the user of the General Conditions;
- Distance agreement: an agreement under which one or more techniques for distance communication are exclusively used up until the conclusion of the agreement in the context of a system for the distance selling of products organized by Yehwang;
- Technique for distance communication: means that can be used for concluding an agreement without requiring the buyer and Yehwang to come together simultaneously in the same room;
- General Conditions: the present General Conditions of Yehwang.
Article 2 - Applicability
1. These general conditions apply to every offer made by Yehwang and to any distance agreement reached as well as orders between Yehwang and buyer.
2. Before a distance agreement is concluded, the text of the General Conditions is made available to the buyer. If this is not reasonably possible, it will be indicated - prior to the conclusion of the distance agreement - that the General Conditions can be inspected at Yehwang and will be sent at the request of the buyer at the earliest possible time free of charge.
3. If the distance agreement is concluded electronically, the text of the General Conditions can be made available to the buyer by electronic means - notwithstanding the preceding paragraph and before the distance agreement is concluded - in such a way that the buyer can store it on a durable data carrier in a simple manner. If this is not reasonably possible, it will be indicated - prior to the conclusion of the distance agreement - where the General Conditions can be inspected by electronic means, and it will be specified that they will be sent electronically or otherwise at the request of the buyer free of charge.
4. If one or more provisions of the General Conditions are wholly or partly void or made invalid at any time, the agreement and these conditions will remain in effect in other respects, and the provision concerned will be immediately replaced - by mutual agreement - by a provision that approaches the meaning of the original to the highest possible extent.
5. Any lack of clarity regarding the explanation or content of one or more provisions of the General Conditions or situations that are not provided for by the General Conditions should be interpreted ‘in the spirit of’ the General Conditions.
Article 3 - The offer
1. If an offer has a limited validity or is subject to conditions, it will be explicitly stated in the offer.
2. The offer is free of obligations. Yehwang is authorized to change and adjust the offer.
3. The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed to allow the buyer to properly assess the offer. If Yehwang uses images, these will be a true reflection of the products offered. Yehwang cannot guarantee that the displayed colors correspond exactly with the real colors of the products. Obvious mistakes or obvious errors in the offer do not bind Yehwang.
4. All images, specifications, and data in the offer are indicative and cannot give rise to damages or rescission of the agreement.
Article 4 - The agreement
1. Subject to the provisions in paragraph 4, the agreement will be concluded at the time of acceptance by the buyer of the offer and in compliance with the corresponding conditions.
2. If the buyer accepted the offer electronically, Yehwang will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by Yehwang, the buyer may rescind the agreement.
3. If the agreement is concluded electronically, Yehwang shall take appropriate technical and organizational measures to protect the electronic transmission of data, and it will ensure a secure web environment. If the buyer can pay electronically, Yehwang will observe the security measures appropriate for this purpose.
4. Within statutory frameworks, Yehwang can inform itself of whether the buyer is able to meet his payment obligations, as well as all facts and factors that are important for a well-founded conclusion of a distance agreement. If Yehwang has good reasons to not enter into the agreement on the basis of this investigation, it is authorized to justifiably reject an order or request or connect special conditions to its implementation.
5. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 5 - The price
1. When concluding the agreement, the parties shall agree to a price that is stated in the offer or will be further agreed. Cost estimates provided to another party by Yehwang are of an indicative and noncommittal nature.
2. Any cost estimates are exclusive of VAT and other levies imposed by the government.
3. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, Yehwang is not obliged to deliver the product in accordance with the erroneous price.
Article 6 – Conformity and warranty (if any)
1. Yehwang guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usefulness, and the statutory provisions and/or government regulations existing on the date of the establishment of the agreement.
2. Any defects or wrongly delivered products should be reported to Yehwang in writing within 48 hours after delivery. The products should be returned within 14 days after delivery in their original packaging and in ‘as new’ condition.
3. If a warranty period is provided by Yehwang, it will correspond with the manufacturer’s warranty period. However, Yehwang shall never be responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice with regard to the use or application of the products.
4. Any warranty shall not apply if:
- the buyer repaired and/or processed the delivered products or had them repaired and/or processed by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or if they have been handled contrary to the instructions provided by Yehwang and/or on the packaging;
Article 7 - Delivery and implementation
1. Yehwang shall exercise all due care when receiving and carrying out orders of products.
2. The place of delivery is the address communicated to Yehwang by the buyer.
3. All delivery periods are indicative. The buyer cannot derive any rights from the periods specified, if any. Exceeding a period does not entitle the buyer to compensation.
4. If the delivery of an ordered product proves impossible, Yehwang will endeavor to provide a replacement item. It will be communicated that a replacement item is being delivered in a clear and understandable manner - no later than at the time of delivery.
5. The risk of damage and/or loss of products rests with Yehwang until the time of delivery to the buyer or a representative who was predesignated and made known to Yehwang, unless expressly agreed otherwise.
Article 8 - Suspension and rescission of the agreement
1. Yehwang is authorized to suspend or rescind the agreement in whole or in part if circumstances arise which are of such nature that compliance with the agreement is impossible or if other circumstances arise that are of such nature that an unaltered maintenance of the agreement cannot reasonably be expected from Yehwang.
2. Yehwang has the right to suspend or rescind the agreement with immediate effect without any judicial intervention and without any notice of default if the other party is declared bankrupt, has been granted moratorium, has applied for bankruptcy or a provisional moratorium, or wishes to make a settlement with its creditors in order to avert this, in the case of a seizure, if the other party is placed under guardianship, if the Natural Persons Debt Rescheduling is applied to, or if it loses full or partial power of disposition of its assets in other respects.
3. If circumstances arise with regard to persons and/or materials that Yehwang uses or tends to use for the implementation of the agreement, which are of such nature that the implementation of the agreement becomes either impossible or problematic and/or disproportionately expensive to such an extent that compliance with the agreement can no longer be expected in all reasonableness, Yehwang is authorized to suspend or rescind the agreement.
4. In addition to the cases listed in this article in which Yehwang is authorized to suspend or rescind, claims of Yehwang against the other party are also immediately due in the following cases:
- circumstances that came to Yehwang’s notice after conclusion of the agreement give Yehwang good reason to fear that the other party will not fulfill its obligations;
- if Yehwang asked the other party to provide security for the fulfillment of the agreement at the time of its conclusion, and this security fails to be provided or is insufficient;
- if the other party decides to go on a strike or liquidate its company or an important part thereof, or if a decision is made to this end;
5. If the other party fails to comply with one or more obligations towards Yehwang in a proper or timely manner or does not comply with these at all, all other (remaining) claims made by Yehwang against the other party are immediately due.
6. A case of suspension or rescission does not alter the right of Yehwang to claim compensation.
Article 9 - Payment
1. Payment by the buyer must be finalized before the product will be shipped. Products will not be dispatched by Yehwang before payment is received.
Article 10 - Liability
1. Another party, including the buyer, shall guarantee the correctness and completeness of the information provided to Yehwang by or on behalf of the other party. Yehwang is not liable for the consequences of providing incorrect and/or incomplete information.
2. Yehwang is not liable for any damage arising from the acts or omissions of the other party, its personnel, or third parties it involved under the terms of the agreement or related work.
3. Yehwang shall never be liable for indirect damages, including consequential loss, lost profits, lost savings, and loss due to business interruption.
4. The liability of Yehwang - insofar as it is covered by its liability insurance - is limited to the amount paid out by the insurer.
5. If, in any case, the insurer decides to not make any payment or if the damage is not covered by the insurance, the liability of Yehwang is limited to the amount of the sum payable by the other party pursuant to the order, yet up to a maximum of € 5,000.-.
6. The other party shall indemnify Yehwang with regard to any claims to damages made by third parties that are linked to the implementation of the agreement and the cause of which can be imputed to parties other than Yehwang.
7. The limitations of liability included in this article do not apply if the damage is due to an intentional act or gross negligence on the part of Yehwang or its managerial subordinates.
8. Every claim against Yehwang is invalid after one year from the date on which the work that the claim relates to has been or should have been performed.
Article 11 - Disputes
1. Agreements between Yehwang and the buyer to which the General Conditions apply are exclusively subject to Dutch law - even if the buyer is domiciled abroad.
2. The Vienna Sales Convention shall not apply.
(version: July 2015)