We can only deliver to: The Netherlands, Germany, France and Austria.
Feel free to browse our collection and find a store near you.

Sales Terms and Conditions of www.yaya.nl

1. Definitions

  • 1.1. Reflection period: the period when the Customer may take advantage of the right to withdraw from the agreement, lasting for 14 days from the date of receiving the product(s);
  • 1.2. Consumer: a natural person not acting within the framework of conducted commercial activities or a company, concluding a remote agreement with the Seller;
  • 1.3. Day: a calendar day;
  • 1.4. The right to withdraw from the agreement: the Consumer's right to withdraw from the agreement concluded remotely, within the period defined as the Reflection period;
  • 1.5. Seller: legal entity offering products and/or services provided remotely to the Consumer as defined in Article 2 hereof.
  • 1.6. Agreement: the agreement where, within the framework of the system of remote product sale organised by the Seller, one or more remote communication channels are used for all actions including conclusion of the agreement;
  • 1.7. General Terms and Conditions of Sale: general terms and conditions of providing services and deliveries by the Seller.

2. Identity of the Seller

  • 2.1. Seller: YAYA Webshop B.V. (limited liability company) with its registered office in Halfweg, the Netherlands, being the user of the present General Terms and Conditions of Sale; Address: Haarlemmerstraatweg 95 w (1165 MK) Halfweg; Telephone: +31 20 2050600; E-mail: info@yaya.nl; Registration number in the Trade Chamber: 58122745; VAT number: 8528.84.114

3. Application

  • 3.1. The present General Terms and Conditions of Sale are applicable to all offers of the Seller, all orders of the Consumer and all Agreements concluded remotely between the Seller and the Consumer.
  • 3.2. The General Terms and Conditions of Sale will be provided to the Consumer before conclusion of the Agreement. If it is reasonably impossible, information will be provided before conclusion of the Agreement that the General Terms and Conditions of Sale are available at the Seller's for review and upon request of the Consumer they will be immediately sent to the Consumer free of charge.
  • 3.3. If the Agreement is concluded in electronic form, as a deviation from the above point, the content of the General Terms and Conditions of Sale may be sent to the Consumer by electronic mail before conclusion of the Agreement so that the Consumer could easily record them on a data carrier. If it is reasonably impossible, information will be provided before conclusion of the Agreement, about the location where the Consumer may review the General Terms and Conditions of Sale in electronic form and that they will be sent to the Consumer free of charge upon its request by electronic mail or in another manner.
  • 3.4. The Consumer is obliged to accept the General Terms and Conditions of Sale before conclusion of the Agreement and if the General Terms and Conditions of Sale are not accepted by the Consumer, the Agreement cannot be concluded.

4. Promotions

  • 4.1. All promotions of the Seller are not binding unless stated otherwise and all promotions can be cancelled by the Seller.
  • 4.2. Promotions are not automatically applied to further orders and the Seller reserves the right to change promotional prices.
  • 4.3. The following duration of promotions is applicable: until consuming all stocks, or for the period specified at the website. If the period of the promotion ended, the promotion legally expires and the Consumer may not take advantage of such promotion.
  • 4.4. The offer contains full and detailed description of the offered products. The description is detailed enough to enable the Customer to properly assess the offer. If the Seller uses illustrations, they reliably present the offered products. Obvious errors or mistakes in the offer are not binding for the Seller.

5. Orders

  • 5.1. The Consumer may place orders as described at the website www.yaya.nl.
  • 5.2. The Seller may reject an order or add special conditions to performance of the Agreement if there are reasonable grounds to do so.
  • 5.3. The Seller never accepts orders where the Consumer's place of residence cannot be determined.
  • 5.4. If the Seller did not accept an order or wishes to add special conditions to performance of the Agreement, the Consumer will be notified by the Seller within 7 working days after receiving the order from the Consumer.
  • 5.5. The Seller, in accordance with the provisions of law, may search for information whether the Consumer is able to meet its payment liabilities and also about any other facts and factors that are significant during responsible conclusion of the Agreement. If the Seller has justified reasons to refrain from concluding the Agreement based on the obtained information, it is authorised to reject the order or the offer or add special conditions to performance of the Agreement.

6. Conclusion of the agreement

  • 6.1. Subject to the provisions of Article 5, the Agreement enters into force when the Consumer, meeting the conditions specified in the Agreement, submits an order to the Seller based on its offer, which is equal to acceptance of the offer by the Consumer.
  • 6.2. The Seller confirms receipt of the order by electronic mail. Unless the order was confirmed, the Consumer may terminate the Agreement.

7. Prices, payments and shipment costs

  • 7.1. The prices at the website www.yaya.nl are expressed in EUR and include VAT, but they do not include the shipment costs, unless specified otherwise or agreed otherwise in writing.
  • 7.2. The shipment costs surcharge is specified to the Consumer individually, before placing the order. The surcharge may depend on the size of the order. The shipment costs surcharge is not reimbursed in the case of returning the products.
  • 7.3. After submitting the order, the Consumer immediately receives a confirmation by e-mail containing all costs together with shipment costs.
  • 7.4. The Consumer may pay for the ordered products in advance using the IDEAL platform or a credit card. The Consumer may also pay 50% of the total purchase price in advance and 50% at the moment of receipt. However, additional costs should be taken into account.
  • 7.5. In the case of payment with a credit card, the Seller reserves the right to check whether the credit card is valid, whether there are sufficient resources to collect the purchase price and/or whether the Consumer's address information is correct. The Seller reserves the right to refuse the payment with a credit card.
  • 7.6. The Seller begins delivery of the product after receiving the entire purchase amount or 50% of that amount.
  • 7.7. If the Consumer did not pay the purchase price on time, the Seller sends the first notice to the Consumer free of charge, requesting payment within 14 days. If after that period the Seller still does not receive the payment from the Consumer, the Seller sends the second notice to the Consumer and the amount of EUR 13.50 for out-of-court fees is added to the open payment balance. If the Seller did not receive the payment from the Consumer after the second notice, the Seller may transfer the claim to a third party. If the Seller begins debt collection activities, the Consumer is obliged to reimburse all reasonably incurred court and out-of-court costs of debt collection to the Seller.

8. Delivery and risk

  • 8.1. The Seller uses all efforts in order to properly accept the orders and send the ordered products.
  • 8.2. The Seller sends accepted and paid orders as soon as possible, in the order of their receipt.
  • 8.3. The order is delivered to the address specified by the Consumer. The Seller uses all efforts in order to send the orders within 48 (forty eight) hours after their acceptance and payment. The specified delivery periods are approximate and do not constitute the final deadlines. The Seller is not responsible for prolongation of the delivery period.
  • 8.4. If performance of an order is delayed or if an accepted and paid order cannot be executed as a whole or in part, the Consumer will be notified at the latest 14 days after submitting the order. In such case, the Consumer may terminate the Agreement free of charge. If the Consumer already paid for the ordered products, in the case of termination of the Agreement the Seller will reimburse the received amount as soon as possible, however not later than two weeks after written termination of the Agreement. The Consumer is obliged to receive the purchased products when they are made available to it by the Seller.
  • 8.5. The Consumer is obliged to receive the products in the agreed location(s), at the moment when they are delivered by the Seller or when the Seller ordered their delivery to the Consumer, or at the moment when they are made available in accordance with the Agreement. If the Consumer did not meet that requirement, it will be charged with the related costs including shipment costs mentioned in par. 7.1 and 7.2.
  • 8.6. If the Consumer refuses or delays provision of information or instructions necessary for performance of the delivery, the products to be delivered will be stored at the risk and expense of the Consumer.
  • 8.7. If the Consumer provided a wrong delivery address, the Seller may charge the Consumer with additional shipment costs.
  • 8.8. Failure to meet the agreed delivery deadline does not provide the Consumer with a right to receive compensation, terminate the Agreement or refrain from performing any of the obligations arising from that or any related agreement for the Consumer, subject to the provisions of par. 8.4.
  • 8.9. Delivery of the purchased products is made to the address provided by the Consumer while submitting the order. If the Consumer is not at home at the moment of delivery, the Seller may leave the products at the Consumer's neighbours.
  • 8.10. The Seller uses all efforts so that the website www.yaya.nl contains the most updated information. Should any of the products unexpectedly become unavailable, the Seller should contact the Consumer with respect to that case within 14 days after order submission.
  • 8.11. The risk of losing and/or damaging the products is charged on the Seller until the moment of delivery, unless specified otherwise.

9. The right of withdrawal from the Agreement after product delivery

  • 9.1. The Consumer may terminate the Agreement without justification within 14 days from the date of receiving the product(s).
  • 9.2. During the reflection period, the Consumer is obliged to handle the product(s) and package(s) with due care. The Consumer may unpack or use the product only to the extent required in order to assess whether the Consumer wishes to keep the product. If the consumer exercises the right to withdraw from the Agreement, it is obliged to return the product to the Seller together with all related accessories, in its original condition and package.
  • 9.3. If the Consumer wishes to exercise its right to withdraw from the Agreement, it should return the product(s) in the period specified in par. 9.1. to the following address: YAYA Webshop B.V., Haarlemmerstraatweg 95, 1165 MK Halfweg, using the attached return form.
  • 9.4. The returned product(s) have to be in the condition compliant with the ordinary wear and tear for the needs of trying on which is usually performed at a store and should have all original labels and/or tags. If the quality of the product deteriorated and/or original labels and/or tags were removed, the Seller reserves the right to charge the amount of product purchase or not reimburse that amount.
  • 9.5. Within 14 days from the date of receiving the returned product, the Seller reimburses the purchase price provided that the product is not damaged, worn, washed, it was not used or amended and has the original package and tags. If the Consumer exercises the right to withdraw from the Agreement, it is not charged with the costs of return shipment. Returns of jewellery, swimwear and underwear can be accepted only if the products are packed and the hygienic protections were not removed.

10. Complaints

  • 10.1. All deliveries are insured by the Seller. If the Consumer detects damage of the package before opening the parcel with the ordered product(s), it should directly contact the Seller. If the Consumer opened the parcel before detecting the damage, such information should be specified in the return form.
  • 10.2. The Consumer is obliged to check whether the products are compliant with the Agreement while receiving the delivery. If that was not done, the Consumer should notify the Seller in writing, providing justification, as soon as possible and at the latest 14 days from the date of delivery of the product or from the moment it was reasonably possible to detect the irregularity.
  • 10.3. Minor irregularities allowed in business or unavoidable due to technical reasons, concerning quality, colours, size, weight, finishing, design etc. do not constitute the grounds for complaints.
  • 10.4. If it was proven that the products are not compliant with the Agreement, the Seller may choose to replace the products with new ones provided that the defective ones are returned, or to reimburse the amount on the invoice to the Consumer.

11. Ownership title

  • 11.1. The Seller remains the only owner of the delivered products until the moment the full purchase amount is paid.

12. Intellectual property rights

  • 12.1. Intellectual Property Rights related to texts, illustrations, designs, data files, photographs and other illustrations (movable or immovable), formats, software, trademarks, domain names and other materials resulting from the website www.yaya.nl belong to the Seller, its licensors, manufacturers of the related products and/or third parties to which YAYA is related.
  • 12.2. The Consumer may not publish or copy the website www.yaya.nl (or any of its parts) in any way. The Consumer may not introduce changes to the delivered products unless it was agreed otherwise because of the type of delivered product. The Consumer may provide the link to www.yaya.nl only for informational purposes in reference to the Consumers. Providing the link for other purposes, including commercial purposes, is strictly forbidden.

13. Miscellaneous

  • 13.1. Any discrepancies with the present General Terms and Conditions of Sale may be agreed by the Consumer and the Seller in writing only. No rights may be derived from such discrepancies in reference to future legal relations and agreements. Administrative data of the Seller hold evidence power in reference to enquiries and/or orders submitted by the Consumer. The Consumer states that electronic communication may serve as evidence. The Seller may transfer rights and obligations arising from the Agreement with the Consumer to a third party after single notification sent to the Consumer. Should one or more of the provisions of the General Terms and Conditions of Sale or any agreement with the Seller be against any of the provisions of the applicable law, such provision becomes invalid and is replaced by another provision which is allowed by the law and created by the Seller.

14. Governing law and jurisdiction

  • 14.1. The General Terms and Conditions of Sale and the related agreements/disputes are subject to Dutch law only.
  • 14.2. Any disputes referring to the Agreement or the manner of its performance by the Consumer and the Seller, which could not be resolved amicably by the Parties, should be submitted to the competent court with jurisdiction over the place of residence of the Consumer.

Privacy Policy

General information

  • The YAYA Webshop B.V. company (Dutch limited liability company) respects the privacy of all customers of the online store and uses all efforts in order to process personal data maintaining strict confidentiality. YAYA is aware that the customers of the online store are interested in information about personal data management by YAYA and the manner of using such data. The purpose of the regulations is to provide you with information about the privacy policy. The entity responsible for processing of personal data is YAYA with its registered office at Haarlemmerstraatweg 95 at (1165 MK) Halfweg. YAYA processes personal data in accordance with the Personal Data Protection Act (Wet bescherming persoonsgegevens).

Collection and use of your personal data

  • If you wish to submit an order to our online store, we need your name, surname, e-mail address, delivery address and payment data in order to deliver the order and inform you about the stages of its execution. YAYA uses such personal data only for the purpose of fast and correct completion of the order and to provide you with the services you expect. When you submit an order to YAYA, we store your data at a separate account. You can create an account with your login and password, so that you do not have to provide your address, telephone, e-mail address, delivery address and payment data every time you place an order. That data is also processed and used in accordance with the present privacy policy regulations. Upon your consent, we use your e-mail address to inform you about new fashion accessories, products from the fashion world, special offers and/or promotional campaigns. If you do not wish to receive such information, you can always remove your address from our newsletter list by clicking the link sent to you in the e-mail message or by adding appropriate settings to your personal YAYA account. YAYA may also send a request to your e-mail address asking you to participate in a market survey which is designated to improve the quality of products/services delivered by YAYA. In the case of using such data for other purposes, we always ask for your consent first. If you respond to a promotional campaign or a competition, we will ask you to provide your name, surname, address and e-mail address. We use such data in order to conduct the promotional campaign, announce the winners of the competition and measure responses to our marketing activities. We do not use such data for any other purposes. In general, personal data is stored as long as it is required in order to complete the purposes, for which the data was collected or will be used, as long as the user's account is active or until the moment of meeting legal requirements.

Access to data

  • YAYA does not sell personal data to any third parties and grants access to such data to third parties only if they are involved in execution of the orders or if YAYA is obliged to do so under the applicable provisions of law.

Cookies

  • Similarly as many other websites, we use cookies - small files which are recorded on your hard drive by the Internet browser. Cookies may also be recorded in the memory of your mobile phone or another device. YAYA has access to first party cookies. Cookies are used in order to gather information and analyse the way you use the website. During the sessions, YAYA also uses session cookies which are recorded on your hard drive by the Internet browser. Those are small amounts of information sent by our server to your Internet browser in order to support your use of the website during the session. If you return to the previous website after a session, the information is still available. The session cookies do not contain any other personal data apart from your IP address. Additionally, we use third party cookies (Google Analytics) in order to gather information and analyse the way you use the website. If you do not want to grant your consent for using (session) cookies, you should change the settings of your Internet browser so that it refuses to accept cookies from our website on your computer. However, in such case it may happen that you will not be able to use all functionalities of our website. You can also change the settings of your Internet browser so that you are notified when cookies are recorded on your computer. After clicking the "Help" option on the toolbar of the majority of Internet browsers, you can obtain more information about changing settings of your browser and computer.

Links

  • Our website may contain links to third party websites that are outside our control. We add those links in order to facilitate our visitors in finding additional information about the topics which interest them. It is very probable that third party websites will send third party cookies to your computer and that they will have access to such cookies. YAYA does not control adding and functioning of third party cookies and is not responsible in any way for personal data protection while you visit such websites or for the content of such websites.

Your rights

  • You are entitled to access, correct and remove your personal data entrusted to us. You can ask us for access to such information and for amending it or removing it from our records. In such case, please contact YAYA Customer Service, P.O. Box 132, (1160 AC) Zwanenburg, or by e-mail: service@yaya.nl.Should you have any questions or wish to submit a complaint concerning the YAYA privacy policy, please contact us using the above contact information. We will consider your questions or complaints and provide a response within the period of four weeks. If you are not satisfied with the manner your complaint was resolved, you can contact College bescherming persoonsgegevens (CBP) (personal data protection college) in Hague and you can submit a complaint to CBP, if such need arises.

Disclaimer

Copyright notice © 2016 YAYA B.V.

  • This website and all its elements constitute the exclusive property of YAYA. All images, texts and other visual materials published at the website are protected by copyrights and cannot be publicly disclosed without prior written consent of YAYA. They cannot be copied as a whole or in partially modified form. All brands and logos published on the website constitute the exclusive property of YAYA and cannot be used without its prior written consent.