Terms and Conditions

Article 1 – Identity of the Entrepreneur

Yessential B.V.
ABC Westland 249
2685 DC Poeldijk
Netherlands

Phone: +31 85 080 6343

Chamber of Commerce (KVK) number: 85778648
Email: hello@yessential.de
Website: www.yessential.de

Article 2 – Scope

These General Terms and Conditions apply to all offers from Yessential B.V. and to all distance contracts concluded between Yessential B.V. and the consumer via the website www.yessential.de.
A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 BGB - German Civil Code).
The current version of these General Terms and Conditions is available on the website www.yessential.de and can be viewed, saved and printed by the consumer at any time.

Article 3 – The Offer

If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered, which is sufficiently detailed to enable the consumer to make a proper assessment. Obvious errors or mistakes in the offer are not binding for Yessential B.V.
Colors and dimensions of the products shown on the website are reproduced as accurately as possible. However, Yessential B.V. cannot guarantee that the colors displayed on the consumer's screen exactly match the actual colors of the product. Minor deviations in color, shade or texture from the product photos do not entitle the consumer to cancel the contract or to claim damages, unless the deviation is so significant that the product does not meet the consumer's legitimate expectations.

Article 4 – The Contract

The contract is concluded when the consumer accepts the offer and fulfills the conditions specified therein.
If the consumer accepts the offer electronically, Yessential B.V. will immediately confirm receipt of the acceptance electronically. The consumer can cancel the contract until this confirmation has been received.
Yessential B.V. is entitled to refuse an order or to attach special conditions to it, provided there are legitimate reasons for doing so.

Article 5 – Right of Withdrawal

Instructions on Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us (Yessential B.V., ABC Westland 249, 2685 DC Poeldijk, Netherlands, hello@yessential.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email).

To comply with the withdrawal period, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking the nature, properties and functioning of the goods. Loss of value is considered, in particular, damage from use, such as scratches, stains, damage or other signs of use that go beyond a normal inspection. Yessential B.V. reserves the right to deduct the determined loss of value from the refund amount or to refuse the return in case of significant damage from use.

Exclusion of the Right of Withdrawal:

The right of withdrawal does not apply to contracts for the supply of goods:

that are manufactured according to customer specifications or are clearly tailored to the consumer's personal needs;
that can spoil quickly or whose expiration date would be exceeded;
that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Article 6 – Prices

During the validity period stated in the offer, the prices of the products offered will not be increased, unless there are price changes due to changes in VAT rates.
All prices include statutory VAT and exclude any shipping costs, which will be communicated transparently to the consumer before the contract is concluded.

Article 7 – Delivery and Execution

Yessential B.V. will exercise the greatest possible care when receiving and executing orders.
The delivery address is the address that the consumer has communicated to Yessential B.V.
Orders are shipped from a fulfillment center. Yessential B.V. works with external logistics partners for warehousing and shipping, while adhering to the same quality standards.
Yessential B.V. will execute accepted orders no later than within 30 days, unless a different delivery period has been agreed. Should delivery be delayed or an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract free of charge.
After dissolution in accordance with the previous paragraph, Yessential B.V. will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products remains with Yessential B.V. until the moment of delivery to the consumer.

Article 8 – Payment

The consumer is obliged to immediately report inaccuracies in the payment data provided to Yessential B.V. at hello@yessential.de.
The amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period or, if there is no withdrawal period, within 14 days after the conclusion of the contract.
Yessential B.V. is entitled to demand prepayment.

Article 9 – Conformity and Warranty

Yessential B.V. warrants that the products and/or services comply with the contract, the specifications stated in the offer, and the statutory provisions and government regulations applicable at the time the contract was concluded. If agreed, Yessential B.V. also warrants that the product is suitable for other than normal use.
The statutory warranty rights according to §§ 434 et seq. BGB (German Civil Code) apply. The statutory warranty period is two years from delivery of the goods.
Any defects or incorrectly delivered products must be reported in writing to Yessential B.V. at hello@yessential.de within 7 days of delivery. The products must be returned in their original packaging and in new condition.
Any additional warranty provided by Yessential B.V., the manufacturer or importer does not affect the consumer's statutory rights and claims against Yessential B.V. However, Yessential B.V. is not responsible for the ultimate suitability of the products for every individual purpose of the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been handled improperly or used contrary to the instructions of Yessential B.V. and/or the packaging;
- the defect is wholly or partly due to regulations that the authorities have issued or will issue regarding the nature or quality of the materials used.

Article 10 – Complaints

Yessential B.V. has a complaints procedure and processes complaints in accordance with this procedure.
Complaints about the execution of the contract must be submitted fully and clearly described to Yessential B.V. at hello@yessential.de within a reasonable time after the discovery of the defects.
Complaints submitted to Yessential B.V. will be answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgment of receipt within 14 days with an indication of when a more detailed answer can be expected.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
In case of complaints, a consumer should first contact the entrepreneur. If the online shop is affiliated with ValuedShops and complaints cannot be resolved by mutual agreement, the consumer should contact ValuedShops (www.valuedshops.com/de), which mediates free of charge. Check if the shop has a current membership via https://www.valuedshops.com/de/mitglieder/. If there is still no solution, the consumer has the option to have their complaint handled by the independent arbitration board appointed by ValuedShops, whose decision is binding and with which both the entrepreneur and the consumer agree. Submitting a dispute to this arbitration board involves costs that the consumer must pay to the arbitration board.
Consumers also have the option to resolve disputes via the European Commission's online dispute resolution platform. This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr

Article 11 – Disputes and Applicable Law

Contracts between Yessential B.V. and the consumer are governed by Dutch law, without prejudice to mandatory consumer protection regulations applicable in the consumer's usual place of residence. Consumers in Germany are always entitled to the protective rights of German consumer law.
Disputes between the consumer and Yessential B.V. can be submitted to the competent court or a recognized arbitration body.
Yessential B.V. is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board, unless this is legally required or Yessential B.V. voluntarily decides to do so.

Article 12 – Data Protection

Yessential B.V. processes personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
Personal data will be used exclusively for contract fulfillment, payment processing, and shipping of orders via the fulfillment center.
Yessential B.V. does not pass on personal data to third parties, unless this is necessary for contract fulfillment (such as the fulfillment center and delivery services) or legally required.
The consumer has the right to information, rectification, erasure, and restriction of processing of their personal data, as well as the right to data portability. For questions regarding this, the consumer can contact hello@yessential.de.
The consumer has the right to lodge a complaint with the competent data protection supervisory authority.

Article 13 – Supplementary or Deviating Provisions

Supplementary 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 a manner that allows the consumer to store them accessibly on a durable data carrier.

Yessential B.V. — ABC Westland 249, 2685 DC Poeldijk, Netherlands — KVK: 85778648 — hello@yessential.de

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