General terms and conditions of YourSurprise.com B.V.
Are you a business customer? Then we have separate business terms and conditions for you.
- Identity of the operator
- The offer
- The agreement
- Right of withdrawal
- Obligations of the consumer during the reflection period
- Exercise of the right of withdrawal and costs thereof
- Obligations of the operator in the event of withdrawal
- Exclusion of the right of withdrawal
- Intellectual property
- The price
- Compliance and Warranty
- Delivery and execution
- Long-term transactions
- Applicable law and competent court
- Responsibility of the consumer
- Age restrictions
- Additional or deviating provisions
Last updated on 27-5-2022.
Article 1 – Definitions
The following terms are defined as followed in these terms and conditions:
- Supplementary agreement: an agreement in which the consumer acquires products, digital content and/or services in relation to a remote agreement and these products, digital content and/or services are supplied by the operator or by a third party on the basis of an arrangement between that third party and the operator.
- Reflection period: the period within which the consumer can make use of its right of withdrawal.
- Consumer: the natural person who is not acting for purposes relating to its trade, business, craft or profession.
- Day: calendar day.
- Continuing performance agreement: a remote agreement for the regular supply of products and/or services, for which the obligation to supply and/or purchase is spread over time.
- Durable data carrier: every means/tool that enables the consumer or the operator to store information that is addressed to it personally, in a way that makes this information accessible for future use during a period that is adapted to the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to waive the remote agreement within the reflection period.
- Sample form for withdrawal: the European sample withdrawal form included in Annex 1 to these general terms and conditions. Annex 1 may only be used if the consumer has a right of withdrawal with respect to its order.
- Operator: the natural or legal person who offers products and/or services remotely to consumers and companies.
- Remote agreement: an agreement whereby sole use is made of one or more technologies for remote communication within the framework of a system organised by the operator for the remote sale of products and/or services, up to and including the moment that the agreement is concluded. The consumer places an order on the operator's website to have one or more of the operator's products manufactured and shipped.
- Technology for remote communication: means that can be used for concluding an agreement, without the consumer and operator being together in the same room at the same time.
Article 2 – Identity of the operator
trading under the name: YourSurprise.com
Location & visiting address:
4301 RZ Zierikzee
Telephone number: +31 (0) 111 - 712465
From Monday to Thursday from 08:30 to 22:00
Friday from 08:30 to 17:30
E-mail address: email@example.com
Chamber of Commerce number: 22057264
VAT ID: NL820845437B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the operator and to every remote agreement between the operator and consumer.
- Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the operator shall indicate, before the remote agreement is concluded, that the general terms and conditions are available for inspection at the operator's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
- If the remote agreement is concluded electronically, then, contrary to the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded it shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to it.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the operator uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the operator.
- Each offer contains information such that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- The main features of the product or service.
- The price including taxes.
- The possible costs of delivery.
- The manner in which the agreement will be concluded and what actions will be necessary for that purpose.
- Whether or not there is a right of withdrawal.
- The method of payment, delivery and performance of the agreement, as well as the delivery period.
- The period for accepting the offer, or the period for adhering to the price.
- The right to terminate the agreement, the conditions, period and modalities for exercising that right.
- The manner in which the consumer may become aware of acts which it does not wish to have performed before the agreement is concluded, and the manner in which it may rectify these acts before the agreement is concluded.
- The languages, if any, in which the agreement may be concluded besides Dutch.
- The minimum duration of the remote agreement in the event of an agreement for continuous or periodic delivery of products or services and the conditions for cancellation.
Article 5 – The agreement
- The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
- If the consumer has accepted the offer electronically, the operator shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the operator shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the operator shall take appropriate security measures.
- The operator can – within legal frameworks – find out for itself whether the consumer can fulfil its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If the operator has good reason not to enter into the agreement based on this investigation, it shall be entitled to refuse an order or request by giving the reasons or to attach special conditions to its fulfilment.
- No later than upon delivery of the product or service, the operator shall send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The visiting address of the operator's business establishment where the consumer can lodge complaints.
- The conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal.
- Information regarding existing after-sales services and warranties.
- The data included in article 4, paragraph 3 of these general terms and conditions, unless the operator has already provided the consumer with these data for the implementation of the agreement.
- The requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
- If the consumer has a right of withdrawal, the sample form for withdrawal.
- If it is a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
Exclusion of the right of withdrawal
- The majority of products sold by YourSurprise.com are personalised. These products are produced according to the specific, individual wishes of the consumer and are therefore not prefabricated. As it concerns custom-made products, which are manufactured on the basis of an individual choice of the consumer, the consumer has, in principle, no right of withdrawal for these products. The provisions of Article 10 of these general terms and conditions shall also apply to the exclusion of the right of withdrawal.
For non-personalised products
- Notwithstanding the provisions of paragraph 1, the consumer, who has a right of withdrawal, may dissolve an agreement for the purchase of a product during a reflection period of 14 days without giving reasons. The operator may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state the reason(s).
- The reflection period referred to in paragraph 2 starts on the day after the consumer, or a third party other than the carrier and indicated by the consumer, has received the product. Or:
- If the consumer has ordered multiple products in one order that are delivered separately, the day on which the consumer, or a third party designated by the consumer, has received the last product;
- If the delivery of a product consists of several shipments or parts, the day on which the consumer or a third party designated by the consumer receives the last shipment or the last part.
- In case of an agreement for regular delivery of products during a certain period, the day on which the consumer or a third party designated by the consumer has received the first product.
- Notwithstanding the provisions of paragraph 2, a consumer can dissolve an agreement for the provision of services without giving reasons until a period of 14 days has passed since the day on which the agreement was concluded.
Extended reflection period for products if no information is provided about the right of withdrawal:
- If the operator has not provided the consumer with the legally required information regarding the right of withdrawal or the sample form for withdrawal, the reflection period shall expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this Article.
- If the operator has provided the consumer with the information referred to in paragraph 5 within twelve months after the start date of the original reflection period, the reflection period shall expire 14 days after the day on which the consumer received the information.
Article 7 – Obligations of the consumer during the reflection period
- During the time for consideration, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that consumers may only handle and inspect the product as they would in a shop.
- The consumer is only liable for the decrease in value of the product if treatment of the item has gone beyond what is permitted in paragraph 1.
- The consumer shall not be liable for any diminution in the value of the product if the operator has failed to provide the legally required information on the right of withdrawal before or at the time of concluding the agreement.
Article 8 – Exercise of the right of withdrawal and costs thereof
- If the consumer wishes to exercise its right of withdrawal, it shall do so within the reflection period by means of the sample form for withdrawal (see Annex 1) or by another unambiguous statement to the operator.
- As soon as possible, but in any case within 14 days after the notification referred to in paragraph 1, the consumer shall return the products received by it or hand them over to (an authorised representative of) the operator. This is not necessary if the operator has offered to collect the products itself. The consumer has in any case complied with the return period if it returns the product before the time for consideration has expired.
- The consumer shall return the product including all delivered accessories, as far as reasonably possible in the original condition and in the original packaging, all in accordance with the instructions provided by the operator.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct costs of returning the product, unless the operator has failed to inform the consumer that it should bear such costs or has indicated that it should bear them itself.
- If the consumer makes use of its right of withdrawal, all supplementary agreements will be dissolved by operation of law.
Article 9 – Obligations of the operator in the event of withdrawal
- If the operator makes the notification of withdrawal by the consumer possible electronically, it shall send a confirmation of receipt as soon as possible after receiving this notification.
- After the consumer has exercised its right of withdrawal, the operator shall reimburse all payments made by the consumer, including any delivery costs, as quickly as possible, but at the latest within 14 days of receipt of the notification of withdrawal. Unless the operator offers to collect the product itself, it may wait with reimbursement until it has received the product(s) or the consumer has supplied evidence of having sent back the products, whichever is earlier.
- The operator shall use the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the operator does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The operator can exclude the following products and services from the right of withdrawal, but only if the operator clearly stated this fact when making the offer, or at least in good time prior to conclusion of the agreement:
- Products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person.
- As far as natural products (including leather, stone and wood products) are concerned, these may differ on an individual basis. Differences such as visible grain, pores, scars, minor colour differences and/or insect bites characterise the authenticity of the article and do not constitute a defect and cannot be a reason for revocation.
- Agreements concluded at public auction.
- Products that spoil quickly or have a limited shelf life.
- Products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery.
- Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the operator has no influence.
- An agreement for the provision of services, after full performance of the agreement, if:
- The execution has started with the consumer's explicit prior consent.
- The consumer has declared that it waives its right of withdrawal once the operator has fulfilled the agreement.
- Products which, after delivery, are irrevocably mixed with other products due to their nature.
- Sealed audio, video recordings and computer software, of which the seal has been broken after delivery.
- Newspapers, journals or magazines with the exception of subscriptions to them.
- The supply of digital content which is not supplied on a tangible medium, but only if:
- The execution has started with the consumer's explicit prior consent.
- The consumer has declared that it thereby loses its right of withdrawal.
Article 11 – Intellectual property
- Notwithstanding the other provisions of these general terms and conditions, the operator reserves the rights and powers to which the operator is entitled under the Dutch Copyright Act.
- Any designs, sketches, drawings, films, software, texts, audio recordings, gifts and other materials or (electronic) files created by the operator as part of the agreement remain the property of the operator, regardless of whether these are made available to the consumer or third parties, unless otherwise agreed.
- All documents possibly provided by the operator, such as designs, sketches, drawings, films, software, texts, audio recordings, (electronic) files, other materials and other gifts, are exclusively intended to be used by the consumer and may not be reproduced, made public or brought to the notice of third parties without the prior consent of the operator, unless the nature of the documents provided dictates otherwise.
- The operator retains the right to use any knowledge gained as a result of the implementation of the work for other purposes, to the extent that no confidential information is brought to the attention of third parties.
- Everything on the website is the property of the operator and may not be reproduced or made public without the written consent of the operator.
- The consumer must fully and unconditionally respect all intellectual and industrial property rights vested in the items delivered by the operator.
- The operator does not guarantee that the items delivered to the consumer do not infringe on any intellectual and/or industrial property rights of third parties and accepts no liability whatsoever in the event of any claim by third parties based on the assertion that an item delivered by the operator infringes on any right of a third party.
Article 12 – The price
- During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Price increases within 3 months after the conclusion of the agreement are only allowed if the consumer is authorised to dissolve the agreement from the day on which the price increase takes effect.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the operator has stipulated this, and:
- They are the result of statutory regulations or provisions.
- The consumer is authorised to dissolve the agreement on the day on which the price increase takes effect.
- The prices specified in the offer of products or services include VAT.
Article 13 – Compliance and Warranty
- The operator guarantees that the products and/or services fulfil the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
- Natural products (including leather, stone and wood products) may differ from each other on an individual basis. Differences such as visible grain, pores, scars, small colour differences and/or insect bites characterise the authenticity of the article and do not constitute material defects. The differences cannot be a reason for assuming non-conformity and the operator rejects any liability for this.
- An additional warranty provided by the operator, its supplier, manufacturer or importer does not affect the rights and claims the consumer may exercise on the basis of the law and/or the remote agreement if the operator has failed to fulfil its obligations under the agreement
- Additional warranty as specified in paragraph 2 means any commitment in which the operator, its supplier, manufacturer or importer grants certain rights or claims to the consumer that go beyond what is legally required.
Article 14 – Delivery and execution
- The operator shall take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the operator.
- Subject to what has been stated in Article 4 of these general terms and conditions, the operator shall execute accepted orders with convenient speed but at the latest within 30 days, unless a different delivery period has been agreed. In the event that the operator has specified a period for delivery, this is indicative. If the delivery is delayed, or if an order is not or only partially carried out, the consumer shall receive them no later than 30 days after the order is placed. In that case, the consumer has the right to terminate the agreement free of charge.
- In case of dissolution in accordance with the previous paragraph, the operator shall reimburse the amount paid by the consumer as soon as possible.
- If delivery of an ordered product turns out to be impossible, the operator shall make an effort to provide a replacement article. The fact that a replacement article is being delivered shall be stated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded in the case of replacement items. The costs of return shipment shall be borne by the operator.
- The risk of damage and/or loss of products rests with the operator up to the moment of delivery to the consumer, unless explicitly agreed otherwise.
- The operator shall not be held liable for printing errors on its products, which may or may not have been correctly or incorrectly entered by the consumer. The same applies to all address and delivery details and other data provided by the consumer.
Article 15 – Long-term transactions
- The consumer may terminate a long-term agreement that has been concluded for an indefinite period at all times, subject to the agreed termination rules and a period of notice that does not exceed one month.
- The consumer may terminate a fixed-term agreement at any time, subject to the agreed termination rules and a maximum notice period of one month.
- A fixed-term agreement has a maximum duration of two years. If it has been agreed that in the event of silence on the part of the consumer, the remote agreement shall be extended, the agreement shall be continued as an agreement for an indefinite period of time and the period of notice after continuation of the agreement shall be a maximum of one month.
Article 16 – Payment
- As far as no other date has been agreed in the agreement, amounts payable by the consumer should be paid within 14 days after the invoice date or in case of an agreement for the provision of a service, within 14 days after the consumer has received the confirmation of the agreement.
- If the consumer can make use of its legal right of withdrawal, then, in deviation from paragraph 1, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period.
- If the consumer fails to make payment within the agreed 14 days, the balance shall be increased by €2.50 reminder costs, €5.00 demand costs and €7.50 summons costs in sequence.
- If the operator proceeds to judicial or extra-judicial measures in the event of non-payment by the consumer, the costs thereof are to be borne by the consumer.
- When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If advance payment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the operator without delay.
Article 17 – Applicable law and competent court
- Only Dutch law applies to agreements between the operator and the consumer to which these general terms and conditions apply.
- The court in the operator's place of business is competent to hear disputes, unless the district court is competent. Nevertheless, both the operator and the consumer have the right to submit the dispute to the legally competent court.
- The parties shall only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 18 – Responsibility of the consumer
- The consumer agrees not to have texts of a racist, sexual or discriminatory nature printed in the personalised texts on the holder/packaging, or texts that are otherwise contrary to the law and/or good morals. It is not possible for the operator to check the products for compliance with this provision.
- The consumer agrees not to infringe on the intellectual property rights of third parties with the personal texts on the holder/packaging. A possible infringement is at the expense and risk of the consumer. It is not possible for the operator to check the products for compliance with this provision.
- The consumer is responsible for thoroughly checking the data it passes on to the operator for accuracy and completeness. The operator is not responsible for checking this information for correctness or completeness.
Article 19 – Age restrictions
- The operator's website and products can be used by people of all ages, with the exception of alcoholic products, which can only be ordered by people over the age of 18.
- Consumers are not permitted to order alcoholic products for persons under the age of 18.
Article 20 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Annex 1: Sample form for withdrawal
Model form for dissolution / withdrawal
Please complete and return this form only if you wish to dissolve / withdraw from the agreement
4301 RZ Zierikzee
E-mail address: firstname.lastname@example.org
I/We (*) hereby provide you with notice that I/We (*) are withdrawing from our agreement regarding the sale of the following goods/provision of the following service
Ordered on (*)/Received on (*)
[Name(s) of consumer(s)]
[Signature of consumer(s)][only if this form is notified in writing]
(*) Delete where not applicable.