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For the purpose of these terms and conditions, the following definitions apply:
Entrepreneur:
The private limited company T-APPS B.V., trading under the name "Youshabooks.com", with its registered office in Amsterdam, registered in the Dutch Chamber of Commerce trade register under number 88586480, with the correspondence address:
Koningin Wilhelminaplein 1, 1062 HG Amsterdam,
hereinafter also referred to as "Youshabooks.com", "Yousha" or "the Entrepreneur".
Website:
All websites, subdomains and digital environments operated by the Entrepreneur, including www.youshabooks.com, mobile variants, configurators, personalization tools and all related software, APIs and digital functionalities.
Consumer:
A natural person who enters into an Agreement with the Entrepreneur and, in doing so, acts for purposes outside their trade, business or profession (art. 6:230g sub a Dutch Civil Code).
Customer:
The Consumer who places an Order through the Website.
Product:
Any good offered by the Entrepreneur, including in particular personalized children's books and all related physical and digital products, including printed matter, illustrations, covers, files, proofs and other creations.
Personalized Product:
A Product manufactured by or on behalf of the Entrepreneur in accordance with data, indications, choices, specifications or characteristics provided by the Customer, such as names, appearance, photos, illustrations, texts, personalization fields, color schemes or other individual preferences. Such a Product is "made to the Consumer's specifications" within the meaning of art. 6:230p sub f Dutch Civil Code and is therefore excluded from the right of withdrawal.
Agreement:
Any distance contract concluded between the Entrepreneur and the Customer within the framework of an organized system for distance selling operated by the Entrepreneur, whereby exclusive use is made of one or more means of distance communication, as referred to in art. 6:230g sub e Dutch Civil Code.
Order:
The Customer's digital instruction to have Products manufactured and delivered.
Right of Withdrawal:
The Consumer's right to dissolve the Agreement within the statutory Cooling-off Period, insofar as this right has not been excluded pursuant to art. 6:230p Dutch Civil Code and article 10 of these terms.
Cooling-off Period:
The statutory period of 14 days within which the Consumer may exercise the right of withdrawal, unless that right has been excluded.
In Writing:
Any medium on which information can be stored and consulted at a later time (including email, PDF and digital messages).
Intellectual Property Rights:
All intellectual property rights in the broadest sense, including in particular copyrights (art. 1 Dutch Copyright Act), database rights, neighboring rights, trademark rights, design rights, domain names and all related rights.
Defect / Non-conformity:
Only a deviation that is so serious that the Product does not conform to the Agreement within the meaning of art. 7:17 Dutch Civil Code and for which the Customer demonstrates that it is material, substantial and attributable to the Entrepreneur.
Force Majeure:
All circumstances as further elaborated in article 15, including situations in which performance by the Entrepreneur is factually impossible or cannot reasonably be required.
T-APPS B.V., trading under the name: Youshabooks.com
Koningin Wilhelminaplein 1
1062 HG Amsterdam
The Netherlands
Email: to be filled in
Chamber of Commerce number: 88586480
VAT number: NL866743534B01
The Entrepreneur can be contacted via the contact form on the Website.
These terms and conditions apply to all existing and future Agreements, Orders, offers and legal relationships between the Entrepreneur and the Customer, however named.
Terms or stipulations of the Customer, however they may be named or made known, are expressly rejected and do not form part of the legal relationship in any way, unless expressly accepted by the Entrepreneur In Writing.
If any provision of these terms is void or annulled, the remaining provisions shall remain fully in force. The invalid provision shall be replaced by a provision that most closely reflects the parties' intention.
The Entrepreneur may amend these terms unilaterally. The amended terms apply to new Orders. For existing Agreements, the version that applied at the time of conclusion shall remain in force, unless the Customer expressly agrees to the new version.
All offers of the Entrepreneur are without obligation, revocable and subject to change. Obvious errors or mistakes do not bind the Entrepreneur, even if the Customer noticed the error but refrained from reporting it.
The Website contains an accurate, but not guaranteed, description of the Products offered. Images, colors, sample pages, proofs and screen displays are for illustration purposes only.
The Customer acknowledges that:
a. print and color deviations are inherent to printing processes and screen settings;
b. personalization results may differ from what is shown on screen;
c. such deviations do not constitute non-conformity.
The Entrepreneur reserves the right to modify, revise, temporarily make unavailable or remove Products from the assortment.
The Agreement is formed when:
a. the Customer has fully completed the ordering process;
b. the Customer has expressly accepted the terms and conditions; and
c. payment (where required) has been received by the Entrepreneur.
The Entrepreneur is entitled to refuse or cancel an Order, including if:
personalization data is inappropriate, discriminatory or unlawful;
there are payment issues or fraud (suspected or established);
technical errors in pricing or systems have occurred;
the Entrepreneur has reason to doubt the accuracy of the provided information.
The Customer acknowledges and accepts that production of Personalized Products often begins immediately after confirmation and that the Agreement becomes binding from that moment.
The Customer is required to provide correct, current and complete information.
The Customer bears all risks arising from incorrect or incomplete information, including incorrect personalization, an incorrect delivery address, incorrect spelling of names or other input errors.
The Entrepreneur is not obliged to verify the information entered.
If the Customer creates an account, the Customer must handle login credentials carefully. Misuse, loss or unauthorized use is entirely at the Customer's risk.
All prices include VAT and exclude shipping costs, unless stated otherwise.
The Entrepreneur may change prices at any time. The applicable price is the price in force at the time of ordering.
Payment shall be made using the payment methods offered on the Website. If payment fails or is reversed, the Entrepreneur is entitled to suspend performance.
If the Entrepreneur offers post-payment and the Consumer chooses post-payment, a payment term of 14 days after the invoice date shall apply. If this term is exceeded, the Consumer shall owe statutory interest.
All collection costs necessary to recover amounts owed by the Consumer shall be borne by the Consumer, in accordance with the Dutch Decree on compensation for extrajudicial collection costs.
Delivery takes place at the address provided by the Customer. Incorrect addressing is entirely at the Customer's expense and risk.
Delivery periods are expressly not strict deadlines. Exceeding a delivery period does not entitle the Customer to damages or cancellation, unless the delay exceeds 30 days.
The risk of loss, theft or damage to the Product passes to the Customer upon delivery, or at the moment delivery should reasonably have taken place but was prevented due to the Customer's actions.
Uncollected parcels returned to sender may be resent at additional cost. In the case of Personalized Products, there is no right to a refund if the Customer refuses or fails to collect the parcel.
All delivered Products remain the property of the Entrepreneur until full payment has been made.
Until ownership has passed, the Customer is not entitled to sell, pledge or otherwise encumber the Product.
The Consumer acknowledges that Personalized Products are manufactured according to the Consumer's specifications within the meaning of art. 6:230p sub f Dutch Civil Code.
For such Products, there is no right of dissolution, withdrawal or return.
Cancellation after placing the Order is not possible, unless the Entrepreneur decides otherwise as a gesture of goodwill. Such goodwill does not create any right for future cases.
If a Product is not personalized, the Consumer has a Cooling-off Period of 14 days.
The Consumer bears the costs and risk of returning the Product.
The Entrepreneur may apply a reduction in value if the Product has clearly been used or damaged.
The Customer must report visible defects or incorrect personalization In Writing within 14 days after receipt, including photographs.
If no report is made within this period, the Product shall be deemed to have been delivered in conformity with the Agreement.
The following are not considered defects:
a. minor print, trimming and color deviations;
b. deviations inherent to screen display;
c. errors resulting from incorrect input by the Customer.
If a justified defect exists, the Entrepreneur has the right, at its own discretion, to:
repair the Product;
deliver a replacement copy;
or provide a full or partial refund.
The Entrepreneur is only liable for direct damage that is the direct result of an attributable failure in performance.
Total liability is limited to the net invoice amount of the Product concerned.
The Entrepreneur is not liable for:
a. indirect damage;
b. consequential damage;
c. loss of profit or missed savings;
d. non-material damage;
e. damage caused by information supplied by the Customer.
The limitations contained in this article do not apply in the event of intent or deliberate recklessness on the part of the Entrepreneur.
The Customer is fully responsible for all personalization data supplied.
The Customer guarantees that no unlawful or infringing content will be supplied.
The Customer fully indemnifies the Entrepreneur against third-party claims relating to data supplied by the Customer.
All intellectual property rights relating to designs, illustrations, books, texts, software, layout and other creations vest in the Entrepreneur.
The Customer acquires only a physical copy and no intellectual property right whatsoever.
It is prohibited to reproduce, duplicate or distribute the Product without the Entrepreneur's Written consent.
Force majeure includes, among other things: strikes, fire, disruptions at printing companies, natural disasters, pandemics, ICT failures, delays by carriers and all circumstances beyond the Entrepreneur's control.
During force majeure, obligations are suspended. If force majeure continues for more than 60 days, the parties may dissolve the Agreement without compensation.
The Entrepreneur processes data in accordance with the GDPR and the Privacy Policy on the Website.
By placing an Order, the Customer agrees to this Privacy Policy.
These terms and every Agreement are governed exclusively by Dutch law.
Disputes shall, insofar as legally permitted, be submitted to the competent court in Amsterdam.
The Dutch-language text of these terms prevails.
The Entrepreneur may transfer its rights and obligations under the Agreement to third parties.
The Customer may not transfer its rights without the Entrepreneur's Written consent.