GENERAL CONDITIONS FOR SUBSCRIPTIONS
This page (together with the documents referred to on this page) sets out the terms on which we provide the products (Products) listed on our website www.youwish.nl (our site) to you through any of our subscription services (Services). Please read these terms carefully before subscribing to any of our Services. You should understand that by subscribing to any of our Services you agree to these terms and conditions.
1. YOUR STATUS
By placing an order through our site, you guarantee that:
1.1 you are legally able to enter into binding contracts; and
1.2 you are at least 18 years old;
1.3 you are a resident of one of the Covered Countries; and
1.4 you visit our site from that country.
2. how the contract is formed between you and us
2.1 After you complete your application, you will receive an email from us confirming that we have received your initial payment. Please note that this does not mean that your registration has been accepted. Your enrollment constitutes an offer to us to purchase Products or Services by signing up for a Service. All orders are subject to acceptance by us and we will confirm acceptance to you by sending you an email confirming that your subscription has been accepted (welcome email). The contract between us (Contract) is not formed until we send you the Welcome Email.
2.2 The subscription plan for our Services consists of an initial payment and then periodic charges as agreed by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment function and accept responsibility for all recurring charges prior to cancellation. YouWish may charge periodic fees (e.g., monthly) without further consent from you until you provide advance notice that you have terminated such consent or wish to change your payment method. Such notice will not affect charges filed before YouWish could reasonably act. To terminate your authorization or change your payment method, log into your YouWish account and manage your automatic subscription payment to us. YouWish cannot change or cancel this for you.
2.3 By subscribing to our Services, you agree to pay recurring periodic subscriptions indefinitely until you cancel them. You can cancel your subscription after the duration of the concluded subscription. You will not be charged a cancellation fee. You may re-subscribe at any time after your cancellation, but we reserve the right not to allow a new subscription if we have previously chosen to terminate a subscription by you.
2.4 Cancel Account. If you wish to cancel your monthly subscription with us, you must do so 7 days before your next payment will be collected. You can cancel your subscription after the duration of the concluded subscription.
2.5 We reserve the right at our sole discretion not to renew your subscription at any time without giving reasons.
3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you receive the Products. In that case, you will receive a full refund of the amount you paid for the Products in accordance with our refund policy (see Section 10 below).
3.2 To cancel a Contract, you must log into your YouWish account and choose to cancel your Subscription with YouWish. You should also return the Products to us as soon as reasonably possible. You must pay the cost of returning the Products. You are required by law to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may bring a claim for damages against you.
4. AVAILABILITY AND DELIVERY
4.1 Your order will be fulfilled on the shipping date specified in the welcome email or, unless there are exceptional circumstances. YouWish will attempt to notify you within a reasonable time if shipping is delayed. Delivery usually takes place between 1-3 business days from the shipping date in the Netherlands, and from 5 business days for international shipments. YouWish cannot accept responsibility for delays in delivery beyond our control.
4.2 Deliveries will be made to the address you provided during sign-up unless you have indicated in writing that you wish to change this delivery address. YouWish cannot accept responsibility for deliveries that do not reach the customer because an incorrect delivery address is provided.
5. RISK AND TITLE
5.1 The Products are at your risk from the time of delivery.
5.2 Ownership of the Products shall not pass to you until we have received full payment of all sums due in respect of the Products, including delivery charges.
6. PRICE AND PAYMENT
6.1 The price of the Products and our shipping charges are as stated on our site from time to time, except in cases of obvious error.
6.2 Product prices are inclusive of VAT.
6.3 Product prices and delivery charges are subject to change at any time, but changes will not affect orders for which we have already sent you a welcome email.
6.4 Payment for all services is processed via PayPal or direct debit. We also accept all major debit and credit cards through Paypal.
7. OUR REFUND POLICY
7.1 If you return a Product to us:
7.1.1 Because you cancelled the contract between us within the 14-day cooling-off period (see article 3.1 above), we will process the refund you owe as soon as possible and in any case within 30 days of the day you communicated the cancellation. In this case, we will refund the price of the Product in full, as well as any delivery charges. However, you may be responsible for the cost of returning the item to us (see Article 3.2).
7.1.2 For any other reason (for example, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you believe that the Product is defective), we will examine the returned Product and notify you of your refund via email within a reasonable time. We usually process the refund due to you as soon as possible and in any case within 30 days from the day we confirmed to you by email that you are entitled to a refund. We will refund the price of a defective product in full, as well as any delivery charges and all reasonable costs you incur in returning the item to us.
7.2 We usually refund the money we have received from you using the same method you originally used to pay for your purchase.
7.3 No refunds apply for the purchase of Services.
8. WARRANTY
We warrant to you that any Product you purchase from us through our site will, upon delivery, meet the description, be of satisfactory quality and reasonably fit for all purposes for which such Products are customarily supplied.
9. OUR LIABILITY
9.1 Subject to clause 9.2, if we fail to comply with these terms and conditions, we will only be liable to you for the purchase price of the Products.
9.2 Nothing in this Agreement excludes or limits our liability for:
9.2.1 Death or personal injury caused by our negligence;
9.2.2 Fraud or fraudulent misrepresentation;
9.2.3 Breach of obligations under section 12 of the Sale of Goods Act 1979;
9.2.4 Defective products under the Consumer Protection Act 1987; or
9.2.5 Any other matter for which it would be unlawful to exclude or attempt to exclude our liability.
10. WRITTEN COMMUNICATION
Applicable law requires that some information or communications we send you be in writing. When you use our site, you accept that communication with us is primarily electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your legal rights.
11. NOTIFICATIONS
All notices from you to us must be addressed to YouWish at contact@youwish.nl We may send notice to you at the email or postal address you provided to us when you entered into a Subscription, or in any of the ways listed in Section 10 above. Notice is deemed received and properly served immediately after it is posted on our website, 24 hours after an e-mail is sent, or three days after a letter is mailed. To prove service of a notice, it is sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and posted and, in the case of an e-mail, that the e-mail was sent to the addressee’s specified e-mail address.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a contract or your rights or obligations under it without our prior written consent.
12.3 We may transfer, assign, charge, subcontract or otherwise dispose of a contract or our rights or obligations under it at any time during the term of the contract.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 We are the owner or licensee of all intellectual property rights in our site, registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
13.2 You may print one copy and download extracts from pages of our site for your own use. You may not use any part of our copyrighted materials for commercial purposes without first obtaining a license from us and our licensors.
13.3 If you post comments about the Products or Services on any website, blog or social media network (Comments), you must ensure that these Comments reflect your honest opinion. By signing up for the Services, you give us irrevocable permission to quote from your Comments on our site and in advertisements or social media we may create or contribute to.
14. EVENTS BEYOND OUR CONTROL
14.1 We will not be liable or responsible for any failure or delay in performing our obligations under a Contract if this is caused by events beyond our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-event, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Strikes, lockouts or other industrial actions;
14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 Impossibility of using railroads, shipping, aviation, motorized transport or other means of public or private transportation;
14.2.5 impossibility of using public or private telecommunications networks; and
14.2.6 The laws, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under a Contract will be deemed suspended for the period that the Force Majeure Event continues, and we will be granted an extension of time for performance for the duration of that period. We will use reasonable efforts to terminate the force majeure situation or find a solution that allows our obligations under the contract to be performed despite the force majeure situation.
15. WARNING
15.1 Our failure at any time during the term of a Contract to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or our failure to exercise any of the rights or remedies available to us under the Contract, shall not constitute a waiver of such rights or remedies and shall not relieve you from performance of such obligations.
15.2 A waiver by us of a default does not constitute a waiver of a subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
16. VOIDABILITY
If any of these terms and conditions or any provision of a contract is declared invalid, illegal or unenforceable by any competent authority, such term or provision shall to that extent be severed from the remaining terms and conditions, which shall remain valid to the extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any documents expressly referred to in them constitute the entire agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, none of us is relying on any representation or warranty (whether made innocently or by negligence) not set out in these terms and conditions or the documents referred to therein.
17.3 Each of us agrees that our sole liability with respect to the representations and warranties contained in this Agreement (whether made innocently or negligently) is breach of contract.
17.4 Nothing in this clause limits or excludes liability for fraud.
18. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of our system.
18. 1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or terms and conditions is required by law or governmental authority (in which case the change will apply to orders previously placed by you) or if we notify you of the change to these policies or terms and conditions before we send you the shipment confirmation (in which case we are entitled to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen business days of receiving the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and disputes or claims arising therefrom or relating thereto or the subject or formation thereof (including non-contractual disputes or claims) shall be governed by Dutch law. Disputes or claims arising out of or relating to such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of the Netherlands.
