Within this document, the following terms are defined as outlined below:
- Merchant: The natural or legal person who offers consumers and companies products and/or services remotely;
- Contracting party:
- The natural person who is not acting on behalf of their professional position or company and concludes a remote agreement with the merchant;
- The natural or legal person who acts on behalf of their professional position or company and concludes a remote agreement with the merchant;
Article 3 - Applicability
Be advised: Products from YourSurprise.com are personalized and therefore may not be returned.
- These terms and conditions apply to the merchants entire stock and to each remote agreement concluded between the merchant and the contracting party.
- Prior to the conclusion of a remote agreement, the text of this document will be made available to the contracting party. Should this not be reasonably possible, prior to the conclusion of the remote agreement the fact that the terms and conditions are available from the merchant will be communicated to the contracting party and should the contracting party wish to have a copy, one can be sent as quickly as possible at no cost.
- In the event that this is not reasonably possible, prior to the conclusion of the remote agreement the fact that the terms and conditions are available from the merchant will be communicated to the contracting party and should the contracting party wish to have a copy, one can be sent as quickly as possible at no cost. If the remote agreement is concluded electronically, then in deviation from the sub-article above, prior to the conclusion of the remote contract the text of these terms and conditions will be made electronically available to the contracting party in such a way that the contracting party can simply save the information on a durable data carrier. In the event that this is not reasonably possible, prior to the conclusion of the remote agreement the fact that the terms and conditions can be viewed electronically will be communicated to the contracting party and should the contracting party wish to have an electronic copy, one can be sent as quickly as possible at no cost.
- Should specific product and/or service conditions be applicable in addition to these terms and conditions, the second and third sub-articles remain applicable and in the event that certain terms are contradictory, then the contracting party may refer to the applicable conditions which are most favorable to the contracting party.
- If a faulty good is delivered, the contracting party needs to get in contact with YourSurprise.com by phone (+44 (0) 2033180348), email (firstname.lastname@example.org) or chat.
Article 4 - Products
- When a product has limited validity or conditions associated with it, this is expressly stated in the product description.
- Products and/or services are accompanied by a complete and accurate description of the item on offer. The description is detailed enough to make it possible for the contracting party to evaluate the product adequately. If the merchant makes use of images, these will be a reliable representation of the product and/or service on offer. Apparent errors or mistakes in the items on offer do not legally bind the merchant.
- Each item description contains enough information that it is clear to the contracting party what rights and obligations are associated with acceptance of the product and/or service on offer. These include:
- The price, including taxes;
- Any associated shipping costs;
- The manner in which the agreement is to be concluded and the actions necessary to do so;
- The applicability of any right of withdrawal;
- The method of payment, shipping or execution of the agreement;
- The period in which acceptance of the offer, including the price, remains valid;
- The rates for remote communication should costs for use of remote communication technology be calculated based on methods other than a basic rate;
- How the contracting party may access an agreement should the agreement be archived upon its conclusion;
- How the contracting party can access information regarding the conclusion of an agreement for actions which are not desirable to the contracting party and the manner in which the contracting party may cancel this agreement before it is concluded;
- Any languages other than English in which an agreement may be concluded;
- The code of conduct which binds the merchant and the manner in which this code of conduct may be accessed electronically by the contracting party; and
- The minimum duration of the remote agreement should the agreement involve continuous or periodic delivery of products and/or services.
Article 5 - The Agreement
- The agreement, conditional to that specified in sub-article 5.4, will take effect at the moment that the contracting party accepts the product and/or service on offer and satisfies the associated conditions.
- If the contracting party has accepted an agreement electronically, the merchant will immediately confirm receipt of acceptance electronically. Until receipt of acceptance has been confirmed, the contracting party can dissolve the agreement.
- If the agreement is concluded electronically, the merchant will take the necessary technological and organizational steps to protect the transfer of data and ensure that this takes place in a secure web environment. If the contracting party opts for an electronic payment method, the merchant will also take appropriate security measures.
- The merchant can within legal limits gather information concerning the ability of the contracting party to meet payment obligations, as well as other facts and factors which bear on a concluding a remote agreement responsibly. If based on this information the merchant has grounds not to enter into an agreement, then the merchant is legally motivated to refuse an order or request or to attach special conditions to the fulfillment of an order or request.
- The merchant will, along with a product and/or service, provide the contracting party with the following information, either in writing or in such a way that the contracting party can easily save the information on a durable data carrier:
- The physical address of the merchants location where the contracting party can lodge any complaints;
- The conditions under which the contracting party may make use of their right of withdrawal, as well as a clear indication of when the right of withdrawal does not apply;
- Information concerning existing service and guarantees once a purchase has been made;
- The information addressed in Article 4.3 of these terms and conditions, unless the merchant has provided this information to the contracting party prior to the conclusion of the agreement;
- The requirements for dissolution of the agreement should the duration of the agreement be longer than one year or for an unspecified period.
Article 6 - Right of Withdrawal upon Delivery of Products
- Upon purchase of any product, the contracting party has the opportunity to dissolve the agreement without explanation during a period of 14 days. This period begins the day the product is received by the contracting party or on their behalf.
- During this period, the contracting party will handle the product and packaging with care. The contracting party will unwrap or use a product only to the extent that it is possible to evaluate whether or not they wish to keep the product. Should the contracting party decide to make use of their right of withdrawal, then they will return the product and all the associated attributes if reasonably possible in their original state and packaging to the merchant according to the reasonable and clear instructions provided by the merchant.
- Be advised: Products from YourSurprise.com are custom made to order and therefore may not be returned. If an order has not been correctly produced, then we will handle the issue via our helpdesk.
Article 7 - Property rights
- The client must completely and unconditionally respect all intellectual and industrial property rights associated with any products provided by YourSurprise.com.
- YourSurprise.com does not guarantee that the items provided to the client do not infringe upon any intellectual and/or industrial property rights held by third parties and does not accept liability for any claims lodged by third parties based on the supposition that a product provided by YourSurprise.com infringes upon any rights held by third parties.
Article 8 - Right of Withdrawal Exceptions
- If the contracting party does not have the right of withdrawal, exceptions can be made by the merchant only if the merchant so indicates in a timely manner prior to the conclusion of the agreement.
- Exceptions to the right of withdrawal are exclusively applicable to products:
- Which have been produced by the merchant to specifications agreed upon with the contracting party;
- Which are clearly of a personal nature;
- Which due to their nature cannot be returned;
- Which age or spoil quickly;
- To which the price is linked to shifts in the financial market over which the merchant has no control;
- Including single newspapers and magazines;
- Including audio and video recordings and computer software whose seal has been broken by the contracting party.
- Regarding lodging, transportation, restaurants, or leisure activities which shall be carried out on a certain date or during a certain period;
- Where service is provided prior to the passage of the period of reflection, with the express consent of the contracting party;
- Regarding bets and lotteries.
Article 9 - Prices
- During the period of price validity quoted under products, the prices of products and/or services on offer will not be increased except as a result of changes in VAT rates.
- In deviation from the previous sub-article, the merchant may offer products and/or services with variable prices if these are linked to shifts in the financial market over which the merchant has no control. The link to shifts in the market and the fact that any prices quoted are merely guide prices will be expressly stated.
- Price increases implemented within three months of the conclusion of an agreement are only valid if they follow as a result of legal regulations or conditions.
- Price increases implemented three months after the conclusion of an agreement are only valid if the merchant has expressly stipulated the increase and:
- It follows as a result of legal regulations or conditions; or
- The contracting party is authorized to dissolve the agreement prior to the price increase taking effect.
Article 10 - Conformity and Warranty
- The merchant guarantees that products and/or services satisfy the terms of the agreement, the specifications noted in the product description, reasonable expectations of reliability and/or functionality and all legal conditions and/or regulatory requirements as set forth by the government in effect upon the date of the conclusion of the agreement.
- A warranty offered by the merchant, manufacturer or importer does not diminish the rights and obligations of the contracting party towards the merchant should the merchant fall short in fulfilling obligations based on the law and/or terms of the remote agreement.
Article 11 - Execution and Delivery
- The merchant shall take the greatest care in receiving and executing product orders and in evaluating requests for delivery of services.
- The point of delivery is the address which the contracting party has disclosed to the merchant.
- Taking into account that which is stated in Article 4 of these terms, the merchant shall execute accepted orders within a professional timeframe not to exceed 30 days unless a longer delivery period has been agreed upon. If YourSurprise.com has quoted a specific delivery period, it is understood to be an indication. If delivery is delayed or an order is not or incompletely filled, then the contracting party will be informed of the status within a period of one month after placement of the order. In which case the contracting party has the right to dissolve the agreement at no cost as well as demand any damages incurred.
- In the case of dissolution according to the previous sub-article, the amount paid by the contracting party to the merchant will be reimbursed as quickly as possible within a period of 30 days after dissolution.
- Should delivery of an ordered product prove impossible, the merchant will make an effort to provide a similar item as a replacement. Upon delivery at the latest, the merchant will communicate clearly and comprehensively that a replacement article has been provided. Exceptions to the right of withdrawal do not apply to replacement items. Return shipping costs are to be covered by the merchant.
- Risks associated with damage and/or loss of a product rests with the merchant up to the moment of delivery to the contracting party unless expressly agreed otherwise.
- YourSurprise.com cannot be held liable for printing errors on its products as a result of incorrect information provided by the contracting party. The same is true of all other information provided by the contracting party including that pertaining to address and delivery details etc.
Article 12 - Transaction Duration
- The contracting party can dissolve an agreement made for an unspecified period of time at any time, taking into account the agreed upon conditions for dissolution and a notice period of one month maximum.
- An agreement which has been concluded for a certain period of a time may have a duration of a maximum of two years. If the agreement contains terms to extend remotely unless otherwise indicated by the contracting party, the agreement will be extended for an unspecified period of time and the notice period will not exceed one month after extension of the agreement.
Article 13 - Payment
- Insofar that no longer payment period is agreed upon, amounts due by the contracting party must be paid within a period of 14 days after delivery of a product, or in the case of an agreement regarding services, within a period of 14 days after service has been provided.
- In case the contracting party does not pay within the agreed period of time, the amount due will be raised with another £2.50 administration costs each time.
- In case of non-payment by the contracting party, the merchant within legal limits has the right to claim associated collection costs within reason as long as these are communicated to the contracting party prior to collection.
- The terms of an agreement may not stipulate a prepayment of more than 50% for the sale of products to contracting parties. When prepayment has been stipulated, the contracting party does not have any rights in regards to the execution of the relevant order or service(s) prior to prepayment having been completed.
- The contracting party is obligated to report incorrect payment information to the merchant immediately.
Article 14 - Guarantee
- The merchant has a sufficiently accessible procedure for complaints in place and handles complaints according to this procedure.
- Complaints concerning the execution of an agreement must be submitted to the merchant accompanied by a complete and clear description within a reasonable time period after the contracting party has identified defects.
- The merchant will respond to submitted complaints within a period of 14 days after the complaint has been received. Should a complaint entail a foreseeable response time longer than 14 days, then within 14 days the merchant will confirm receipt of the complaint and provide the contracting party with an indication of the expected response time.
- If the complaint cannot be resolved through mutual discussion, the resulting dispute will then be handled according to the dispute procedure.
Article 15 - Disputes
- Only Dutch law is applicable to agreements made between the merchant and the contracting party and which are covered by these terms and conditions.
- The court in the place of business of YourSurprise.com is solely authorized to address disputes, unless the district court is also authorized. Nevertheless, YourSurprise.com retains the right to present a dispute to the authorized court according to the law.
- A dispute will only be handled if the contracting party submitted the initial complaint to the merchant within a reasonable period of time.
- Concerned parties will appeal to the court only after they have exhausted all efforts to settle a dispute in mutual discussion.
- A dispute must be presented to the court in writing no later than three months after the dispute arose.
- Online Dispute Resolution: http://ec.europa.eu/odr/
Article 16 - Responsibilities of the Contracting Party
- The contracting party agrees not to have material printed on products and/or packaging which may be construed as racially, sexually or otherwise discriminating in nature and therefore in violation of laws and/or standards of morality. It is impossible for YourSurprise.com to verify that YourSurprise.com products conform to this condition.
- The contracting party is responsible for thoroughly checking the information provided to Yoursurprise.com for correctness and completeness. YourSurprise.com can in no way be held responsible for checking this information for correctness or completeness.
- The contracting party will absolve YourSurprise.com of all costs and damages stemming from the fact that the contracting party acted contrary to the conditions outlined in sub-articles 16.1 and 16.2.
Article 17 - Intellectual Property and Copyrights
- Without prejudice to provisions stated elsewhere in these terms, YourSurprise.com retains the rights and authorizations to which it is entitled based on copyright laws.
- Any media created by YourSurprise.com within the framework of an agreement, including but not limited to designs, sketches, drawings, films, software, text, audio recordings, electronic files, other materials and Surprise products, remain the property of YourSurprise.com, regardless of whether these have been handed over to the contracting party or another third party, unless otherwise agreed.
- Any media provided by YourSurprise.com including but not limited to designs, sketches, drawings, films, software, text, audio recordings, (electronic) files, other materials and Surprise products, are to be used exclusively by the contracting party and may not be reproduced, published or otherwise shared with third parties without the express consent of YourSurprise.com unless the nature of the media provided implies otherwise.
- YourSurprise.com reserves the right to use any information gained through execution of work orders for other purposes insofar as confidential information is not shared with third parties.
- Everything on the website is the exclusive property of YourSurprise.com and may not be reproduced or published in any way without the express written consent of YourSurprise.com.
Article 18 - Supplementary or Contradictory Conditions
Supplementary conditions which contradict these terms and conditions may not be disadvantageous to the contracting party and must be recorded in writing in such a way that the contracting party can easily save the information to a durable data carrier.
YourSurprise.com respects the privacy of each site user and ensures that all personal information provided is handled confidentially. When placing an order, we need your name, email address, delivery address and payment information in order to complete the order, inform you of the order status, and send you our newsletter if you have registered to subscribe. Furthermore, we will only make use of this information with the express consent of the customer. YourSurprise.com will not sell personal information to third parties and will make the information available to third parties only insofar as they are involved in completing your order. All your personal information is protected according to the Personal Information Protection Act [Wet bescherming persoonsgegevens (WBP)].
Should there be any questions regarding these terms and conditions or the YourSurprise.com privacy statement, please contact us. Our customer service can assist in furnishing you with information concerning questions about personal details or how to update personal details.