GENERAL SALES TERMS

ARTICLE I. – SCOPE OF THE CONTRACT


These general terms of sales, services and payments are applicable to all contracts agreed between the seller and third parties (professional and non-professional buyers) within the framework of the seller’s internet sales site.
The fact of making an order means that the buyer fully agrees, without reserve, with these general sales terms. Any conflicting term imposed by the buyer, unless expressly agreed, shall therefore not be able to be invoked to the seller at whatever time it may be brought to their notice.



ARTICLE II. – DEFINITIONS AND ADDRESS DETAILS



II.1.

The seller is YENIBIZ SRL, Rue du Bois Marie, 29-B-4500 HUY – Belgique – TVA n° BE 0870 641 910 – Email : info{AT}yenibiz.com.

II.2.

The non-professional buyer is defined as any individual or legal entity which acquires or uses the products presented by the seller for purposes other than professional.

II.3.


The professional buyer is defined as any entity not falling within the definition in article II.2, i.e., any individual or legal entity who acquires or uses the products presented by the seller onto the market for partly or fully professional purposes, their accounts and tax declarations providing proof of this.
The professional buyer cannot claim special legal protection which has been established for the consumer by the Law on Business Practices.

ARTICLE III. – FORM OF THE CONTRACT



III.1.


The service offered by the seller at their on-line sales website is exclusively reserved for persons who are legally able to subscribe to contracts under European law.
The information stated by the buyer during the making of the order is binding. The seller shall not be held responsible where a product may not be able to be delivered in the case of an error in the wording of an address of an addressee.
The technical descriptions and photographs of the products offered have been drawn up by specialists and are continually updated. However, the seller cannot be held responsible in the case of any errors which may occur in them. Any errors shall be rectified within the shortest delay.

III.2.


Display of the price on the site : the price including VAT displayed on our wite is calculated with the Belgian rate

Application of VAT on the order and invoice:

- Belgium: Yenibiz applies VAT at the Belgian rate to professional and private customers

- European Union: private customers: Yenibiz applies the VAT rate of the country of destination

                               Professionals subject to VAT: Yenibiz does not apply VAT when the recipient's intra-community VAT number is vald (validation by VIES)

- Countries outside the Euopean Union: private and professional customers: Yenibiz does not apply any VAT.

The seller shall provide an order confirmation for all orders, confirming in particular the price and quantities of goods ordered, including taxes and carriage costs applying and the total amount to be paid by the buyer as well as the delivery address.
The order is definitive when the order confirmation has been accepted and payment has been made by the buyer.
The range of products is valid within the limits of available stock. 

III.3.


The contract is taken to be made on the day the confirmation e-mail is sent to the buyer. 


III.4.


The contract is then taken to be agreed at the company’s head office in Belgium. 

III.5.


The agreed contract is archived.

ARTICLE IV. – PROOF OF THE CONTRACT

Without prejudice to the above articles, the contracting parties agree that the data entries that have been made within their respective IT systems are allowed as proof of their relationship linked by this contract.

ARTICLE V. – RIGHT TO CANCEL


This article only applies to the non-professional buyer as defined in article II.


V.I. – Definition of the right to cancel


In accordance with the European Directive 2011/83/EU ( https://eur-lex.europa.eu/legal-content), the buyer has the right to notify the seller of cancellation of the purchase, without penalty and without stating the reasons, within fourteen calendar days of the day following the delivery of the product.

V.2. – Cancellation terms


The buyer must notify their decision to cancel to the seller by e-mail and must return the product which has been delivered to the address stated on the delivery slip at their own cost and liability.
The products must be accompanied by the invoice and the original delivery slip.
Products returned in this way must not have been unpacked, unsealed or used in any way whatsoever. They should therefore be returned in their original packaging, unopened.
Any opening of the originally sealed packaging shall mean that the product is presumed to have been used.The seller shall examine the condition of the returned goods within two weeks of their receipt.
If the products or their packaging has been damaged, the seller shall advise the buyer of this and shall return them at the buyer’s expense to the order address as defined in article VI.1.
If the products are returned in their original packaging without having been damaged or used, the seller shall credit the buyer with the purchase price, less the initial transport costs and less 20% for administration costs, after the aforementioned two-week deadline for checking the products.

ARTICLE VI. – DELIVERY



VI.1. – Delivery address – mandatory


The buyer must state on the order where the merchandise is to be delivered.
Delivery can be made to any address of the buyer’s choice, with the exception of a Post Office Box number.

VI.2. – Delivery deadline and type


The seller undertakes to deliver the merchandise within 3 weeks starting from the reception date of the payment. The orders under 30 kg will be dispatched with the Belgian Post services. Above that weight of 30 kg or when the volume of the package makes it necessary, the order will be shipped with a private transportation company.
The seller undertakes to advise the buyer of any delay in delivery outside of their control. 
If this delay exceeds the deadline initially stated by the seller by thirty days, the buyer can cancel the sale without compensation to either party.
The buyer should advise the seller by e-mail, within two days of being advised of the delay by the seller.
The buyer shall then be credited with the amount of the order and transport costs.

VI.3. - Liabilities


The merchandise is dispatched from the warehouse in Belgium or country of production. Transportation is at the addressee’s expense and seller's liability.
The professional or non-professional buyer assumes liability for transportation to the seller’s warehouse in Belgium of merchandise which falls within the application of article V (Right to cancel)

ARTICLE VII. – INVOICING


An invoice shall always be delivered, accompanying the delivery slip. The invoice date is supposed to be the shipping date.

ARTICLE VIII. – PAYMENTS



VIII.1. – Method of payment


Payment is made in Euro when the order is taken, according to the system chosen by the buyer. 
Payments shall be allowed by:


- VISA, MASTER CARD, EUROCARD.
- Direct Ebanking
- IDeal
- Bank transfer


If the banking or credit organisation refuses to authorise the payment, the seller shall consider the sale as null and void.




ARTICLE IX. – RECEIPT AND DEADLINE FOR COMPLAINTS



IX.1.


On the day of delivery, the buyer is obliged to receive the merchandise, to inspect it, and to check that it does or does not comply with the order made. The photos o this site are not contractual.

IX.2.


Complaints about the merchandise delivered not conforming to the order must be received by the seller within a deadline of at least eight calendar days from the date of delivery (It is the buyer’s responsibility to prove that the merchandise does not comply).
After this deadline, the merchandise shall be presumed to have been definitively agreed as complying by the buyer.

IX.3.


Complaints should only be sent by e-mail to the seller.

IX.4.


Complaints from the buyer regarding damage incurred during transportation should be stated on the transporter’s delivery slip at the time of delivery.
The seller cannot be held responsible for this damage in any case.

 

IX.5 possible return of goods after agreement of the seller:

If the products are returned in their original packaging without having been damaged or used, the seller shall credit the buyer with the purchase price, less the initial transport costs and less 20% for administration costs, after the aforementioned two-week deadline for checking the products.



ARTICLE X. – CONTRACTUAL GUARANTEE



X.1. – Scope


The invoice and delivery slip will have to be produced for the application of this article.
No guarantee except for the articles of these general terms can be invoked.
No guarantee shall be able to be granted if the defects shown by an item sold results from inappropriate use, transportation or storage of the merchandise, or for any reason where the customer does not comply with the obligation for reasonable care, or any case of force majeur or accident.

X.2. – Length


The length of all guarantees, when a guarantee is of application, is stated in the description of the item on the seller’s website.
The guarantee starts from the date of delivery of the merchandise.

X.3. - Transport


The guarantee does not cover damage caused by transport.

ARTICLE XI. – PRIVACY PROTECTION

 At Yenibiz, accessible from www.yenibiz.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Yenibiz and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

General Data Protection Regulation (GDPR)

We are a Data Controller of your information.

Yenibiz legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information:

Yenibiz needs to perform a contract with you

You have given Yenibiz permission to do so

Processing your personal information is in Yenibiz legitimate interests

Yenibiz will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Our Privacy Policy was generated with the help of GDPR Privacy Policy Generator and the Privacy Policy Generator.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you.

The right of rectification.

The right to object.

The right of restriction.

The right to data portability

The right to withdraw consent

Yenibiz follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

Cookies and Web Beacons

Like any other website, Yenibiz uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Yenibiz, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that Yenibiz has no access to or control over these cookies that are used by third-party advertisers.

Third Party Privacy Policies

Yenibiz's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You may find a complete list of these Privacy Policies and their links here: Privacy Policy Links.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites. What Are Cookies?

Online Privacy Policy Only

Our Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Yenibiz. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.


ARTICLE XII. – TRANSFER OF THE CONTRACT



XII.1.


The seller can transfer all rights pursuant to any contract concluded with its buyers to third parties.The transfer concerns both its rights and its obligations, with the sole condition that the seller informs the buyer of this situation.

XII.2.


On the other hand, the buyer cannot transfer their rights or obligations to a third party in any case without prior written consent of the seller.

ARTICLE XIII. – CODE OF CONDUCT AND SETTLEMENT OF DISPUTES



XIII.1.


In the case where the procedure outlined in paragraph XIII.2 fails, and in accordance with article III.4, only Belgian law is applicable, and only Belgian courts have jurisdiction for resolving disputes between the parties.

XIII.2.


Only the French text is authentic.