Terms of service

General Terms and Conditions

These general terms and conditions belong to Youha B.V., registered with the Chamber of Commerce, also known as Youha NL, under number 90448286. These general terms and conditions have been deposited with the Chamber of Commerce. The applicable version is always the latest deposited version or the version that was valid at the time of the agreement with Youha NL.

Article 1: General

  1. These general terms and conditions apply to all offers made by Youha B.V. - hereinafter referred to as 'YOUHA NL' - and to all agreements concluded by YOUHA NL. In particular, these conditions also apply to the sale and delivery of products and services and/or goods, as well as the provision of services and activities of any kind, to the counterparty.
  2. The term 'counterparty' in these general terms and conditions refers to every (legal) person who has entered into or wishes to enter into an agreement with YOUHA NL, including their representative(s), authorized person(s), and heirs.
  3. If the counterparty uses their own general terms and conditions, these conditions always take precedence.
  4. Deviation from what is stipulated in these general terms and conditions is only possible if and to the extent that YOUHA NL has expressly agreed to it or it has been agreed upon in writing with YOUHA NL. If there has been a deviation, whether implicitly or explicitly, one or more times from these conditions, the counterparty cannot derive any rights in relation to agreements concluded thereafter.
  5. The sale of YOUHA NL products through online platforms such as Bol.com, eBay, and/or Amazon is not allowed, and selling to third parties is also not allowed, unless otherwise agreed upon between YOUHA NL and the counterparty.

Article 2: Offers

  1. All offers made by YOUHA NL, in any form, are non-binding.
  2. The sending of offers and/or (other) documentation does not obligate YOUHA NL to accept an order. If YOUHA NL does not accept an order, it will notify the counterparty within 5 working days.
  3. YOUHA NL reserves the right to refuse orders without stating reasons, or to deliver them cash on delivery.

 

Article 3: Agreement

  1. The order placed with YOUHA NL is considered an offer. This offer is accepted by YOUHA NL once it has been confirmed in writing, or if YOUHA NL has otherwise indicated to the counterparty that the order has been accepted.
  2. The agreement is concluded when YOUHA NL has accepted the offer, and such acceptance binds the buyer. Acceptance can occur explicitly or implicitly. Silent acceptance is deemed to have occurred if no written objection is raised within 5 working days.
  3. Any subsequently made additional agreements or changes are binding on YOUHA NL only if confirmed in writing by YOUHA NL.
  4. Every agreement entered into with YOUHA NL contains a dissolving or suspending condition—solely at the discretion of YOUHA NL—that YOUHA NL will be satisfied with the counterparty's creditworthiness, as judged solely by YOUHA NL. For this reason, YOUHA NL has the right to refuse an order from a counterparty.
  5. Oral commitments and agreements made by subordinates of YOUHA NL do not bind YOUHA NL.
  6. After entering into the agreement, YOUHA NL is entitled to demand from the counterparty adequate security, at the discretion of YOUHA NL, for both payment and other obligations before performing (further). If the requested security is not provided, YOUHA NL may suspend the execution of its obligations and/or terminate the agreement without judicial intervention, without prejudice to any other rights arising under general law for YOUHA NL.
  7. Information about the goods, such as properties, quality, color, etc., as well as data in printed matter, drawings, images, samples, etc., provided by YOUHA NL in the offer, is provided to the best of its knowledge and with the utmost care but can never be considered binding.
  8. YOUHA NL reserves the right to refuse orders without stating reasons. Such a refusal never entitles the counterparty to compensation.
  9. Without the express written consent of YOUHA NL, the counterparty is prohibited from transferring rights or obligations arising from agreements concluded with YOUHA NL to third parties, including affiliated companies of the counterparty.
  10. In the case of joint contracting with two or more counterparties, each of them is jointly liable for the full performance of the agreements they have concluded.
  11. The counterparty authorizes YOUHA NL to have the assignment executed by a third party appointed by YOUHA NL, at a time to be determined in further consultation. The counterparty agrees to the transfer by YOUHA NL to third parties of all rights and obligations arising from the agreement(s) concluded with the counterparty.

Article 4: Cancellation

  1. In exceptional cases, at the discretion of YOUHA NL, YOUHA NL may agree to the cancellation of an order. This consent must be given in writing. In the event of cancellation of an order by the counterparty, YOUHA NL is entitled to charge 10% of the order price (including VAT) as cancellation costs, without prejudice to the right to full compensation, including lost profits.

Article 5: Prices

  1. Unless expressly stated otherwise, the prices are in euros, based on delivery from YOUHA NL (ex works), excluding VAT, import duties, other taxes, levies, and rights, excluding the costs of packaging, loading and unloading, transport, and insurance.
  2. Invoices will reflect the prices agreed upon with the counterparty in advance through a quotation with these General Terms and Conditions.
  3. If not otherwise specified at the conclusion of the agreement, the prices and delivery conditions agreed upon in writing with the counterparty shall apply.

Article 6: Delivery

  1. Delivery is deemed to have taken place upon the delivery of the goods to the (delivery) address of the counterparty by a means of transport from or on behalf of YOUHA NL.
  2. The counterparty must immediately accept the products. The counterparty is obliged to ensure a sufficient and easily accessible loading and unloading location and to promote as short a waiting time as possible. The loading, transport, and unloading of the sold products are at the risk of YOUHA NL. Once the products to be delivered have been unloaded at the counterparty, the risk thereof passes to the counterparty. The transportation or movement of the products within the business premises or on the premises of the counterparty is never included. If the counterparty requests YOUHA NL to deliver the products elsewhere than in the usual manner, YOUHA NL may charge the associated costs to the counterparty.
  3. Delivery of ordered products in parts is permitted. YOUHA NL is entitled to invoice the already delivered products immediately to the counterparty upon the first delivery. Subsequently, YOUHA NL has a payment term of 14 days.
  4. From the moment of delivery, the purchased items are at the risk of the counterparty.
  5. In the case of delivery of the sold items to the counterparty's address, the delivery periods specified by YOUHA NL are never to be considered as strict deadlines, unless expressly agreed otherwise in writing. The delivery periods specified by YOUHA NL commence at the moment the agreement is concluded and all information necessary for the execution of the order is in the possession of YOUHA NL. Delay in delivery shall not entitle the counterparty to dissolve the agreement unless YOUHA NL has exceeded the bounds of reasonableness in this regard. Delivery times may be extended, and/or orders may be suspended for the period during which the counterparty has left any amount due and payable to YOUHA NL unpaid.
  6. The counterparty is obliged to take delivery of the purchased items from YOUHA NL at the time they are delivered or made available to him according to the agreement. If the counterparty refuses to accept or is negligent in providing information or instructions necessary for delivery, the items will be stored at the risk of the counterparty, including the risk of a decrease in quality. In that case, the counterparty will be liable for all additional costs, including, but not limited to, storage costs. In such a case, YOUHA NL has the right, not the obligation, to store the items at the expense and risk of the counterparty.
  7. The counterparty is obligated to accept the ordered and delivered products and to pay immediately in accordance with the agreed payment terms without any claim for discount or compensation. By paying the invoice amount or signing a delivery note, the counterparty confirms the receipt of the goods. If the counterparty does not fulfill his obligation to accept or pay, YOUHA NL is entitled to declare the agreement dissolved without judicial intervention.
  8. Opened and/or used items cannot be returned due to hygiene measures.

Article 7: Warranty

  1. YOUHA NL guarantees the counterparty to deliver goods that meet the reasonable requirements of soundness and normal use.
  2. The warranty obliges YOUHA NL only to the free replacement of the motorized part of the breast pumps; all other silicone parts are not covered by the warranty unless otherwise agreed upon between YOUHA NL and the counterparty.
  3. The warranty (for the consumer) expires if:
  1. The products have been used or maintained improperly or negligently. b. Repairs or modifications to the products have been made by third parties without the explicit written consent of YOUHA NL. c. The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
  1. YOUHA NL is only obliged to fulfill warranty obligations within the Netherlands and Belgium unless expressly agreed otherwise in writing.

Artikel 8: Reclames

  1. De wederpartij dient bij de in ontvangstneming van de producten te controleren of de levering overeenstemt met de gedane bestelling. Zichtbare schades, gebreken of tekorten dienen door de wederpartij schriftelijk aan YOUHA NL kenbaar te worden gemaakt.
  2. Retourzending mag slechts geschieden na uitdrukkelijke toestemming van YOUHA NL. Retourzendingen zijn voor rekening en risico van de wederpartij. De wederpartij is verplicht tot zorgvuldige verpakking en verzending van de te retourneren zaken.
  3. Slechts zaken in ongeschonden staat en in de originele (fabrieks)verpakking, Creditering geschiedt uitsluitend via een creditnota. De waarde van de retourzaken wordt eerst verrekend na ontvangst door de wederpartij van de creditnota en slechts tot het bedrag van de creditnota.
  4. Indien een klacht gegrond blijkt te zijn en ook voldaan is aan de hiervoor vermelde procedures ter zake het doen van mededelingen over klachten, zal YOUHA NL zo spoedig mogelijk, zulks ter beoordeling van YOUHA NL, hetzij het gebrek herstellen dan wel een vervangend product leveren dan wel, indien de koopsom voor het betreffend product reeds gefactureerd is, het met de klacht overeenkomende bedrag crediteren. De wederpartij zal ter zake dit soort situaties van YOUHA NL nimmer enige schadevergoeding kunnen vorderen: de aansprakelijkheid van YOUHA NL blijft beperkt tot de waarde van de geleverde producten waarover werd gereclameerd.
  5. Klachten en reclames geven de wederpartij geen recht om betaling van de daarop betrekking hebbende factuur op te schorten, terwijl compensatie uitdrukkelijk door YOUHA NL wordt uitgesloten. De reclametermijn op de door YOUHA NL verzonden facturen bedraagt ten hoogste 5 dagen na de dag van ontvangst. Indien binnen die termijn niet tegen de factuur is geprotesteerd, wordt deze geacht de onderliggende transacties(s) met YOUHA NL correct weer te geven en door de wederpartij te zijn goedgekeurd.

Artikel 9: Facturering en betaling

  1. De facturering van geleverde producten en diensten geschiedt uitsluitend op naam en klantnummer. De betaling van de eindbedragen van de verkoopfacturen van YOUHA NL dient per bank – via overboeking of door het afgeven van een machtiging tot automatische incasso – dit zonder enige korting of beroep op compensatie.
  2. Van voor vermelde betalingswijze kan uitsluitend worden afgeweken indien en voor zover YOUHA NL uitdrukkelijk een afwijkende betalingswijze schriftelijk aan de wederpartij kenbaar heeft gemaakt. In die gevallen dienen alle betalingen te geschieden binnen de daarbij kenbaar gemaakte betalingstermijn, gerekend vanaf de factuurdatum, van 14 dagen.
  3. De aan de wederpartij kenbaar gemaakte betalingstermijn is te beschouwen als fatale termijn. Bij betaling per bank – via overboeking of middels automatisch incasso – geldt de dag van credit-valutering van de rekening van YOUHA NL als de dag van betaling. De wederpartij is niet gerechtigd op zulke betalingen aan YOUHA NL een korting of compensatie toe te passen.
  4. Indien de wederpartij niet in overeenstemming met het voorgaande tijdig of volledig heeft betaald, is hij in verzuim zonder dat daarvoor een nadere ingebrekestelling of sommatie is vereist. YOUHA NL is alsdan gerechtigd aan de wederpartij een dagrente in rekening te brengen, zoals deze door de algemene banken in Nederland gehanteerd wordt.
  5. YOUHA NL is gerechtigd tot compensatie van verschuldigde of te vorderen bedragen met die bedragen, welke YOUHA NL van de wederpartij te vorderen heeft of aan hem verschuldigd is.
  6. Tenzij schriftelijk anders is overeengekomen dient de betaling binnen 14 dagen na factuurdatum door YOUHA NL per bank ontvangen te zijn.

Article 10: Exclusion and Limitation of Liability

  1. YOUHA NL accepts the legal obligation for compensation only if and to the extent that the counterparty proves that the damage is caused by gross negligence or serious negligence on the part of YOUHA NL. The resulting liability for damages is expressly limited to the amount of the order that led to the damage.
  2. Any further liability for YOUHA NL for damages, including but not limited to liability for employees and auxiliary persons, is excluded, arising from any cause, including all direct and indirect damages, such as consequential or business damages. Furthermore, the counterparty indemnifies YOUHA NL against all claims from third parties regarding potential damage suffered, considering everything specified in this article.
  3. YOUHA NL does not accept liability for the possible consequences of not having products in stock.
  4. If, in the judgment of YOUHA NL, it is necessary to take measures or cooperate in recall actions initiated by producers to prevent (further) damage due to claims from consumers based on a defect in delivered products, the counterparty commits to cooperating in such measures and, if necessary or desirable, joining the liability claims against the producer of YOUHA NL.

Article 11: Force Majeure

  1. Force majeure is understood to mean any circumstance beyond the control of YOUHA NL, of such a nature that compliance with the agreement cannot reasonably be expected from YOUHA NL (known as a non-attributable failure to perform). Force majeure also includes: mobilization, war and the threat of war, riots, strikes, acts of terrorism, demonstrations, lack of personnel, business and transport disruptions of any kind, default by (sub)suppliers, epidemics, hindrances caused by measures, laws, or decisions of international, national, or regional (government) authorities, fire, explosion, frost, snowfall, flooding, storm damage, and other natural disasters, disruptions in the supply of energy, occupation of the company, import and export restrictions, and all other causes that have arisen outside the fault or risk sphere of YOUHA NL.
  2. If YOUHA NL is unable to fulfill the agreement in a timely manner due to force majeure, YOUHA NL has the right to execute the agreement at a later date or to consider the agreement as dissolved, at the choice of YOUHA NL. In such cases, YOUHA NL is entitled, entirely at the discretion of YOUHA NL, to terminate the agreement after a reasonable period without any obligation for compensation, or to demand that the agreement be adjusted to the circumstances.
  3. If YOUHA NL has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately, and the counterparty is obliged to pay this invoice.

Article 12: Non-performance and Termination

  1. Without prejudice to the provisions of the Civil Code, YOUHA NL has the right, in case of non-performance by the counterparty, to suspend the concluded agreement or to terminate it in whole or in part, at the discretion of YOUHA NL. In such a case, YOUHA NL is entitled to compensation for all damages suffered by YOUHA NL.
  2. The rights mentioned in this article are also available to YOUHA NL if the counterparty is declared bankrupt, if the counterparty has applied for a suspension of payments or a judicial debt restructuring, if a part or the whole of (real) estate has been seized, if the business has entered into liquidation, or has been taken over by a third party or parties, or if the counterparty intends to leave the Netherlands or Belgium permanently, or if the counterparty dies or is placed under guardianship. In all these cases, all claims that YOUHA NL has against the counterparty will become due and payable immediately.

Article 13: Conversion Provision

  1. If a provision of these terms and conditions, in whole or in part, is qualified by the court as unreasonably burdensome, it is deemed to have been converted into a provision that, as far as possible while retaining its content and purpose, is not considered unreasonably burdensome.
  2. In case a provision of these terms and conditions is qualified by the court as unreasonably burdensome, and the above in this article cannot apply, this does not affect the validity of the other provisions of these general terms and conditions.

Article 14: Transfer and Expiry of Rights

  1. YOUHA NL is authorized to transfer its rights from agreements in whole or in part to third parties.
  2. Any claim against YOUHA NL expires if YOUHA NL is not brought to court within 12 months after receiving the claim related to that demand.

Article 15: Applicable Law, Disputes, and Competent Court

  1. Dutch law exclusively applies to offers, agreements, and the execution with and by YOUHA NL.
  2. If a dispute arises between YOUHA NL and the counterparty regarding the conclusion, interpretation, execution, or non-execution, not correctly, or not timely executed of an agreement or other legal relationship concluded between the parties, or if one of the parties believes that such a dispute exists, the parties are obliged to try to reach an agreement through negotiation before submitting the dispute to the civil court.
  3. The court Oost-Nederland, location Almelo, has exclusive jurisdiction to hear disputes arising from agreements concluded with YOUHA NL, unless the district court has jurisdiction. Nevertheless, YOUHA NL has the right to submit a dispute for decision to the competent court in the counterparty's place of residence.

Article 16: Consumer Return Policy

As a buyer, you have the right to return or exchange your order in whole or in part. This can be done within the specified period of 14 days after receiving the order. Please contact our website via info@youha.nl for this purpose. After receiving the products, we will arrange for a refund or send other desired products to you. You can expect the refund within 10 days.

Important!

Sending items in original packaging. Breast pumps, parts of breast pumps, nipples, and items used directly on the skin are exempt from the right of withdrawal due to hygiene, unless the packaging is unopened. Items must not be worn, washed, or clearly used or processed.

You can send your return to:

Youha B.V.
Nijverheidsstraat 4a
7641 AB Wierden
Netherlands

Conditions (Costs and risk)
The costs for the return are borne by the buyer. For items returned without sufficient postage, we will deduct the costs from the purchase amount we refund for returned products. Returns are at the risk of the buyer. This means that we cannot be held liable for damage to or loss of returned products. We advise you to send the products in the original packaging and well-protected. Additionally, we recommend always requesting proof of postage from the postal service and keeping it safe.