Terms
We want you to feel secure and protected in your relationship with us. Firstly, because you are secure and protected, but also because that’s how we want to feel when we're shopping online too. Here’s a lot of information about what’s often called Terms & Conditions (T&Cs). Some of it we are legally obliged to include.
Some of it we are required to include by two of the trade organisations we have subscribed to: GlobeCharge These are cool organisations that exist to make the web a safer and fairer place for consumers. If you are uncertain about your rights under these T&Cs, or you want any explanation about them please contact us before you place your order. We are advised to advise you to print a copy of these Terms & Conditions for your reference. Given that they’re several pages long and there’s too much paper in the world, we’re not completely sure that’s necessary (but you could always email them to yourself if you want a copy).
1 Yogini no quibbles guarantee – in plain language
At Yogini we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items, so we have a 'no quibbles guarantee'. If for any reason you are unhappy with your purchase you can return it to us in its original condition within 30 days (or within 45 days for items purchased in the first two weeks of December), and we will issue a full refund for the price you paid. You can always return items if they are defective. We are proud that our no quibbles guarantee policy gives you more than your statutory rights (there’s more legalese about your statutory rights below). We ask you to use this policy fairly. There is one type of product which is not covered by this, and it’s not us being mean, it’s industry standard: DVDs or CDs which have been opened by you can only be returned at our discretion.
2 Privacy & security
This is so important it is covered in the privacy & security.
3 Purchasing from us
The minimum order value for online orders is €10. By placing your order you are offering to buy the goods and permitting us to use your personal details for the purposes of supplying goods (including passing your details onto couriers and other subcontractors). We will not use your details for purposes other than those stated in our privacy & security without asking your consent. You may request that your details are removed from our system by emailing or writing to us. We are not obliged to supply the goods to you until we have confirmed acceptance of your order and this is when the contract is made. Your payment will be taken prior to sending the goods ordered - usually within 24 hours of the goods being dispatched. You do not own the goods until we have received payment in full. All prices and offers are subject to change and availability. Errors and omissions excepted (for example if we accidentally sell at below our cost price). You can choose to be invoiced in Euros €.
4 Order confirmations
You will receive confirmation of your order by email. Please check that the details contained in this email are correct. If there are any mistakes, please let us know immediately. Your confirmation email is neither an invoice nor a formal acceptance of your order. Invoices are sent by post to your address or sent with the goods. If we are unable to fulfil part or all of your order (due to having sold out for example), or if there is an error in your order, we will advise you as soon as possible. If payment has been made on an order that we are unable to fulfil we will immediately refund you by the same method you paid us.
5 VAT & duty
The prices shown on the product pages include Netherlands’ VAT (where applicable) at a rate of 21.00%. Our 6.00 %VAT number is NL8188.35.874.B01. If you are a customer outside the European Union (EU), or if you are a non-EU customer who is VAT registered in your country, VAT is deducted automatically from your order in the shopping basket. If you live outside the EU you are responsible for any local taxes & duties charged in your country. There are no local taxes or duties (other than VAT) in the EU.
6 Damaged or defective goods
We aim to supply top quality goods (ie free from defects in materials and workmanship). You should inspect the goods when you receive them for defects and damage. Notify us as soon as possible if there are any problems so that we can arrange for their collection at no cost to you. Damages and shortages must be notified within 14 working days of delivery (or within a reasonable time after discovery of the problem). Please retain all documents and packaging. You are entitled to reject the goods and receive a full refund, or have the faulty goods replaced free of charge. If you tell us about a problem after 14 days of delivery (or after a reasonable time of discovery) we are entitled to either replace the goods free of charge or give you a refund.
7 Non delivery
You can track most orders online using the tracking number sent to you by email when your order is shipped. Use the “Where’s my stuff?” link at the bottom of any page on the website to retrieve your order details, including tracking information. Please inform us as soon as possible if your order has not been delivered.
8 Returning goods/cancelling your contract – retail customers
You have the right to cancel the contract and receive a refund or alternative item, provided that the goods are returned undamaged and complete, together with the relevant packaging in an unused condition. You must inform us in writing of your desire to cancel within 14 working days starting from the day after the goods are delivered to you. You must return the goods to us at your cost and we advise you to insure the goods adequately. If returned products are lost we will not be liable for them. If you have not returned the goods within 14 days of cancellation, or if you request it, we can collect the goods from you at your cost. Note: If you request us to arrange for a courier collection we are unable to specify the collection time (although it is usually in the afternoon) and someone needs to be present when the courier comes. If we arrange a courier collection for an agreed time and you are not there we reserve the right to pass on the costs incurred to you. If you wish to cancel, please email us or write to us at Yogini
We will refund the total amount of money paid by you for the goods, less any collection costs, within 30 days from the day on which we receive your notice of cancellation in writing (but usually much quicker than that). Refunds for returned goods will be made via the same method of payment as used to place the order. Make sure you include these details with your return: Your name, daytime telephone number, order number, and the reason for the return. If you are exchanging goods, we will usually pay the postage for shipping a replacement item (check with us if you want to be certain).
9 Business customers
Wholesale/re-seller customers must contact us before returning goods. The Distance Selling Regulations do not apply to Business Customers – but our no quibble guarantee does. Goods cannot be returned after 30 days from delivery under any circumstances. If you are a business or if the goods are used wholly or in part for business purposes we will not be liable to you for any business loss including loss of profits (whether direct or indirect), business data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of goods from us. Any other liability will be limited to the price paid for the goods. We do not exclude our liability for fraud or for death or personal injury. For us performance time is not of the essence. If you have a credit account with us payment is due in the number of days specified in the invoice. If payment is not received within 30 days of the date of our invoice we may charge interest for late payment calculated daily at 4% above Rabo Bank base rate both before and after judgement.
We subscribe to GlobeCharge. We think we have said the important stuff in plain language above. But here's the full unexpurgated version in Safebuy legalese:
Safebuy’s Terms and Conditions
To protect your own interests please read the conditions carefully before you click the tick box. If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email our customer queries department at the above address and telephone number BEFORE you place the order. YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from yogini.eu you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of Yogini, Weereweg 28a, 1732 LL, Lutjewinkel, Netherlands Wales number 37123446; VAT number NL8188.35.874.B01 ("the Seller", "We" or "Us"). Subject to the provisions of Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form.
In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below.
PLEASE NOTE THAT THE RIGHT TO WITHDRAW FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY YOU.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1. Interpretation
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Delivery Area' means [insert details of delivery area].
'Goods' which you have ordered including any installment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
'Web Site' our presence on the world wide web, currently accessible via the address www.yogini.eu
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made there under or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3. Orders
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
4. Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.3 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Order form.
4.4 The total price is inclusive of any applicable value added tax.
4.5 Errors and omissions in the price of the goods are excepted (for example if an error means we are selling at below our cost price).
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you :
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
6. Delivery
6.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.2 We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
6.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
6.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
6.5 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
7. Risk and property
7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
8. Warranties and liability
8.1 Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
8.2 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
8.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
8.4 Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
reject the Goods and receive a full refund;
or have the Goods (or the part in question) replaced free of charge.
Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:
replace the Goods (or the part in question) free of charge or
at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
8.5 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
8.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
8.7 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9. Right to Cancel
9.1 You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.
9.2 During the cooling off period any cancellation must be given by written notice by either party.
9.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.
9.4 The right to cancel this contract will not apply in respect of:
Personalised Goods or Goods made to your specification
Audio, video recordings (including DVDs) or computer software you have unsealed
Betting games or lottery services
Newspapers and magazines
Food, drink or other Goods intended for everyday consumption.
Contracts for accommodation, transport, catering or leisure services which are arranged for a specific time or date, e.g. train, airline or concert tickets or hotel bookings
Timeshare and package holidays
9.5 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.
10. Communications
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
10.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
11. General
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
11.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties)
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.