General conditions of sale

Company Name: YOOMY SRL

VAT number: BE 1019.414.372

Head office: Cour Lemaire 4-6, 4651 Herve

Telephone number: +32 87 11 04 60 (until 69)

Email: info@yoomystore.be

Opening hours:
Monday to Thursday from 8:00 to 17:00
Friday from 8:00 to 14:00

Customer : any natural person who acts for purposes that are outside their commercial, corporate, craft or professional activities and who purchases or will potentially purchase Products via the Website (B2C).

Order : the request made by the Customer to the Company, via the Company's Website/E-shop, concerning the purchase of Products.

Contract : the distance contract concluded between the Company and the Customer for the purchase of Products via the Website. The Contract is governed by these general terms and conditions.

E-shop : the sales platform for the Company's Products, accessible in particular via its Website and whose address is www.yoomystore.be

Working day : every day except Saturday, Sunday and public holidays in Belgium.

Offer : the offer of Products via the Website. The Offer is governed by these general terms and conditions.

Products : all Products available for purchase on the Website, more specifically imported snacks, drinks and confectionery (non-exhaustive list).

Website : the Company’s website, accessible at any time via the following link www.yoomystore.be .

Company : the limited liability company Yoomy, whose registered office is at
established Cour Lemaire 4-6, 4651 Herve, VAT number BE 1019.414.372.

3.1: These general conditions are applicable to each Offer of the Company and to all Contracts.

3.2: These general conditions will be made available to the Client before the conclusion of the Contract between the Company and the Client.

These general conditions will be made available to the Client, at least before the conclusion of the Contract, in a manner that will enable them to be saved on a durable electronic data medium.

4.1: These general terms and conditions of sale are applicable to all Contracts which are concluded by or with the Company, to the exclusion of the general terms and conditions of the Client.

Unless expressly agreed in writing by the Company, the Client therefore waives the application of its own general conditions, even if these assert their primacy.

4.2: An Order is validly placed by the Customer as soon as it is issued online via the Company's Website / E-shop and implies acceptance of the Offer and the general conditions.

To validate their Order, the Customer selects the Products they wish to purchase by adding them to their cart. Before finalizing the Order, the Customer may check the details and amount of their Order.

The Order is issued after payment has been made. A detailed summary is then displayed and a confirmation email is sent.

4.3: The Contract is formed at the time when an Order validly placed by the Customer is accepted by the Company by means of a written confirmation issued by a competent person authorized to bind the company in this regard.

The start of execution constitutes confirmation unless it has been carried out subject to reservation.

4.4: The Contract and the general conditions will remain in force until the performance of all obligations.

5.1: You warrant that all personal data provided when creating your account is true, accurate, up-to-date and complete in all respects; and you agree to inform us immediately of any changes to your information by updating your account details online.

5.2: You agree not to impersonate any other person or entity and not to use a false name or a name that you are not authorized to use.

6.1: The prices of the Company's Products available on the Website/E-shop are indicated in euros (€) and are always inclusive of VAT, unless explicitly stated otherwise.

The Order is invoiced at the prices and conditions in effect at the time of acceptance of the Order.

6.2: All Product prices are exclusive of delivery costs. Delivery costs are the responsibility of the Customer and are available to the Customer before finalizing the purchase on the Website/E-shop.

Delivery costs will depend on the country where the Products are to be shipped.

6.3: Before submitting an order, the total price, including all charges and taxes, will be made available to the Customer and indicated on the Website/E-shop.

6.4: If the price of a Product is incorrect on the Website, the Company will contact the Customer in writing as soon as it becomes aware of the error. The Customer may proceed with the purchase of the Products or cancel the order in accordance with the cancellation procedure set out in Article 8. The order will not be processed until the Company receives instructions from the Customer within 7 working days from the time the Company notifies the Customer. If the Company is unable to contact the Customer using the contact details provided during the ordering process or if the Company does not receive a response from the Customer within the aforementioned timeframe, it will treat the order as cancelled and notify the Customer in writing.

7.1: The Customer may use the following payment methods to pay for the products:

• Paypal
• Bancontact
• Credit card

7.2: The Customer must pay at the time of placing the order.

7.3: If the Customer pays by bank transfer, the Company will begin processing the order upon receipt of full payment. If the Company does not receive full payment within 7 working days after receipt of the order, it has the right to cancel the order automatically.

8.1: If the products ordered have already left our warehouses for delivery to you, we will not be able to add or remove a product from your order. If you wish to add other products, it will be necessary to place a new order.

8.2: If you need to change the delivery address information for your order, please contact our customer service team. Please have the order number and date ready.

9.1: The Company undertakes to deliver the products after receipt of full payment. Delivery times may vary depending on the destination and will be confirmed to you once the product has been shipped.

If the Company is unable to deliver the Products within the aforementioned deadline, it undertakes to inform the Customer in writing. In this case, the Customer will notify the Company of a new delivery deadline, which must be reasonable. If the Company fails to meet this new deadline, the Customer has the right to cancel the order.

9.2: The Customer will receive confirmation via email as soon as the order leaves the Company's premises.

9.3: The Company will deliver the order to the address provided by the Customer during the purchasing process.

If no one is present at the Customer's address at the time of delivery, the Customer must follow the instructions of the delivery service responsible for delivering the order.

9.4: The Company reserves the right to make partial deliveries of the Products ordered, for example in the event of delay or unavailability of part of the order. In the event of partial delivery, the Company will inform the Customer via e-mail .

9.5: Upon delivery/collection, the Customer must check that the packaging is not damaged. If the Products are damaged, the Customer must refuse delivery and immediately inform the Company via email. After notification, the Company will provide the Customer with the necessary instructions regarding the damaged Products.

10.1: The Customer has the right to cancel the order without reason and without charge before it is shipped.

10.2: The Customer may cancel the order by sending
an email to support@yoomystore.be .

After cancellation of the order, the Customer will receive confirmation of the cancellation by email and the Company will refund the amounts already paid to the credit or debit card used by the Customer to pay.

10.3: After receiving confirmation that the Products have left the Company's premises (in accordance with Article 7.2.), the Customer may no longer cancel the order.

10.4: If the order could not be cancelled, the products will be delivered and the Customer may return the Product according to the procedure provided for in article 9.

11.1: The Customer has the legal right to withdraw from the Contract during the period provided for in Article 9.2. This means that the Customer may decide, during the relevant period, not to keep the Products. The Customer must inform the Company of their decision to withdraw and will receive a refund. The Customer does not have to justify their withdrawal.

11.2: The Customer has fourteen (14) days to withdraw from the Contract. The start date of the period for exercising the right of withdrawal may vary. The following rules apply:

• In the event of delivery of a single Product, the period begins the day after receipt of the Product by the Customer.
• In the event of delivery of several Products which are delivered on different dates, the period begins the day after receipt by the Customer of the last Product ordered.
• In the event of delivery of a Product over a defined period, the period begins the day after the day on which the Customer received the first delivery of the Products.

If the Company has not provided the Customer with the information required by law regarding the Customer's right of withdrawal, the Customer has twelve (12) months to withdraw from the Products from the day after the end of the aforementioned initial period of fourteen (14) days. If the Company has provided the Customer with the information required by law regarding the Customer's right of withdrawal within the aforementioned twelve (12) month period, the Customer has fourteen (14) days to withdraw from the Contract from the day after the Customer receives the information from the Company.

11.3: The Customer may only cancel the Contract if the Products:

• sealed for health or hygiene reasons have not been unsealed after delivery;
• have not been used in any way;
• are complete;
• are provided with their original packaging, and;
• do not return
• not in the exception categories
• cited in point 9.4.

11.4: The Customer may not exercise the right of withdrawal with regard to:

• Service contracts after the complete execution of the service if the execution has begun with the express prior agreement of the Client and the Client has acknowledged that it would lose its right of withdrawal once the Contract has been fully executed by the Company;
• The supply of goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the Company and which may occur within the withdrawal period;
• The supply of goods made according to the Customer's specifications or clearly personalized;
• The supply of goods which are likely to deteriorate or expire rapidly;
• The supply of sealed goods which are not eligible for return for health or hygiene reasons and which have been unsealed after delivery;
• The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
• The supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the Contract, the delivery of which can only take place after 30 days and the actual value of which depends on market fluctuations which cannot be controlled by the Company.

11.5: If the Customer decides to withdraw from the Contract, he must notify the Company by sending an e-mail to support@yoomystore.be , clearly stating that he wishes to withdraw from the agreement.

The Customer must return the Products to the Company without delay and in any event no later than fourteen (14) days after sending the notice of withdrawal to the Company. The Products must be returned to the Company in the same manner in which the Customer received them.

11.6: All costs of returning the Products will be paid by the Company provided that the Customer uses the designated standard shipping method.

11.7: In the event of withdrawal:

• The Company will refund any amounts already paid by the Customer for the Products upon receipt of the Products. However, the Company may reduce the refund to reflect any reduction in the value of the Products if the Customer has handled them in a manner that would not be permitted in a shop and thus caused such reduction in value.
• The Company shall make any refund within a reasonable time after receipt of the Products.
• The Company will reimburse the Customer to the credit or debit card used to pay.
• The Company has the right to reimburse the Customer in vouchers if the Customer has used vouchers to pay for the Products.

12.1: The Customer is entitled to a legal guarantee of two (2) years. The legal guarantee covers any defect or lack of conformity of the Products which manifests itself within two (2) years from the date of delivery of the Products.

12.2: The Customer must inform the Company via support@yoomystore.be of defective Products within a reasonable period of 15 days after the defect was discovered or could reasonably have been discovered by the Customer.

12.3: If a defect appears during the two (2) year statutory warranty period, the Customer must follow the procedure set out in Article 9. After the return of the defective Product, the Company, at the Customer's sole discretion, will send a new Product or repair the Product and bear all costs related to the exchange/repair of the Products. The Product can only be replaced and delivered if it is still available/in stock at the Company's Suppliers. If the repair or replacement is not possible or cannot be carried out within a reasonable time, the Customer has the right to terminate the Contract and the Company will refund the price in accordance with Article 9.6.

13.1: In the event of a complaint from the Customer, the Customer may contact the Company at the following email address: support@yoomystore.be

13.2: The Customer may contact the following entity in order to settle the dispute amicably [the Consumer Mediation Service in Belgium, etc.]. However, the Customer and the Company undertake to first attempt to resolve the dispute between them amicably.

13.3: The Customer may also submit his complaint on the online dispute resolution platform provided by the European Union, http://ec.europa.eu/odr.

For Belgium, this is the European Consumer Centre, located at rue de Hollande 13, 1060 Brussels, odr@eccbelgium.be, tel +3228923712). However, the Client and the Company undertake to first attempt to resolve the dispute between them amicably.

The Company has the right to transfer its rights and obligations under the Contract to a supplier (e.g. for the delivery of the Product), but this will not affect the rights and obligations under these terms and conditions.

15.1: The Customer is informed that the Products sold in “Box” format are Products whose content is likely to vary depending on availability and whose visual available on the Website/E-shop is provided for purely illustrative purposes and in no way guarantees the presence of the Products listed in the Box purchased by the Customer.

15.2: The Customer is informed that certain Products available for sale on the Website/E-shop may contain traces of alcohol.

By placing an Order, the Customer who wishes to order drinks or alcoholic products certifies that he or she has reached the age of 16, or 18 if he or she intends to order spirits.  

16.1: The Company informs the Client that its data is recorded for the purpose of managing the customer relationship on a contractual basis. Personal data will be kept for a maximum period of 10 (ten) years after the end of the contractual relationship.

16.2: The Company may be required to share certain personal data with other recipients. These include:

• subcontractors who provide certain services in relation to personal data under a subcontracting agreement and for the sole purpose of providing technical assistance to the Client;
• competent authorities to whom the Company would be legally required to disclose information in the context of legal proceedings or to detect technical and/or security problems.

16.3: In accordance with applicable legislation, the Company provides an adequate level of protection for personal data. These measures include technical and organizational measures required to protect personal data against accidental or unauthorized destruction, against accidental loss, as well as against modification, access, and any other unauthorized processing of personal data. A generic description can be provided upon request.

16.4: With regard to the processing of personal data, the Client has, under the legal conditions provided, the right:

• to object, free of charge, to the processing of personal data intended for direct marketing purposes;
• to access and rectify data concerning him/her;
• to the forgetting and erasure of data concerning him;
• to withdraw consent at any time to the processing of personal data;
• to data portability and to receive a copy of the data processed concerning him/her;
• to file a complaint with the Data Protection Authority, the supervisory authority in Belgium;
• to be informed, in the event of automated decision-making, of the logic underlying the system as well as the significance and the envisaged consequences of this processing for the data subject.

16.5: Any request relating to personal data can be sent by e-mail to the address dpo@yoomystore.be .

17.1: The Company shall not be liable for any failure or delay in performing any of its obligations under the Contract which is due to a case of force majeure.

17.2: If a case of force majeure arises:

• The Company will inform the Client via email; and
• The Company's obligations under the Contract will be suspended and the time for performance of the obligations will be extended by the duration of the force majeure event. If the force majeure event affects the delivery of the Products, the Company will agree a new delivery date with the Customer after the end of the force majeure event.

17.3: The Customer has the right to cancel the Contract affected by a case of force majeure which has lasted more than 5 days by contacting the Company via e-mail, in accordance with the contact details mentioned in article 1 of these general conditions.

If the Customer decides to cancel the Contract, he must return the Products already received, in accordance with the procedure set out in articles 9.4 to 9.7.

17.4: Are in particular assimilated to
cases of force majeure (non-exhaustive list):

• the strike of all or part of the staff of the Company or its usual carriers, (on the basis of the consideration that the execution of the obligation contracted has become much more costly);
• frost, heat, lightning, fire, flood, abnormal drought, war, earthquake or any other natural disaster;
• pandemics, epidemics, serious illnesses;
• strikes, lockouts, uprisings, mobilizations, roadblocks;
• all circumstances which deprive the debtor of his freedom of movement;
• any measure or decision of the public authorities (“le fait du prince”), such as an expropriation or a new mandatory law, a ban or limitation of exports, etc. which would prevent the debtor from fulfilling his obligation;
• the bankruptcy of a supplier of the Company;
• production stoppages due to accidental breakdowns and unavoidable failures of the production line;
• the impossibility of being supplied with raw materials, disruptions in the supply of water, gas or electricity.

18.1: This article applies fully in all aspects of the Client's relationship with the Company, provided that any claims made by the Client would not have arisen if the Contract had not existed between the Parties or if the Contract had not been about to be concluded between the Parties.

18.2: The Company is not responsible for problems resulting from the inappropriate and/or improper use of the Products, problems resulting from a case of force majeure and the act or slight fault of any person, including the Customer or its agents.

18.3: To the extent that the Company cannot be accused of intentional misconduct and/or has not committed a fault that has harmed the physical integrity or life of a person, the Client expressly waives any extra-contractual liability, pursuant to Article 6.3, §1 of the new Civil Code.

18.4: If the Company's (extra)contractual liability should be incurred for any reason whatsoever and without prejudice to any of the rights and remedies granted to the Customer by applicable law or these general conditions, the Company's liability for direct damages to the Customer will be limited to the value of the Products ordered.

18.5: The exclusions or limitations of the Company's liability under this article fully apply all other exclusions and limitations of liability under these general conditions.

However, no exclusion or limitation of liability applies if and to the extent that the damage results from an intentional act of the Company.

The possible invalidity of a provision, an article, a paragraph or a part of a provision of these general conditions shall not affect, in any way, the validity of the other provisions, or the remaining part of the provision, included in these general conditions, under the Contract.

In such a case, the parties will replace the invalid provision with a valid provision to the extent possible, in order to attach to the relationship between the parties legal and/or economic effects similar to those initially intended.

20.1: These general terms and conditions are governed by Belgian law. This means that Contracts relating to the purchase of Products, and any dispute or claim arising from or in connection with them, are governed by Belgian law.

20.2: In the event of a dispute, the courts of Liège (Verviers division) shall have sole jurisdiction.

The Company may amend these terms and conditions from time to time. The terms and conditions in force at the time of conclusion of the Contract, i.e. the ordering of the Products and Services, will apply to the Contract between the Customer and the Company.

(Complete and return this form only if you wish to withdraw from the Contract)

“ To SRL YOOMY, Cour Lemaire 4-6 – 4651 Herve, email address: support@yoomystore.be

I/We (*) hereby give notice that I/We (*) hereby waive my/our (*) Contract for the sale of the following goods (*) / for the supply of the following services (*): ...

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