General Terms and Conditions
1. Notice and acceptance of these terms and conditions.
The present general conditions shall apply to all agreements (offers, order forms, invoices) concluded by OLLIN bv, with registered office in Duffel, A Stocletlaan 214 and registered in the Crossroads Bank of Enterprises under the number BE0830 175 686 and RPR in Antwerp, except for written deviations expressly accepted by OLLIN (incl. agents and representatives).
These conditions apply to the exclusion of all other conditions and in particular of the customer’s general terms and conditions. The application of these conditions is for OLLIN bv an essential condition for the conclusion of the agreement.
2. Offers and orders
a) All prices include VAT
b) The conditions and prices in this purchase order shall remain valid for one year after signature unless expressly stated otherwise in the purchase order.
c) The nature of the YUNO products determines whether or not the order is subject to the right of withdrawal. The right of withdrawal applies only to online sales and fair sales, not to shop sales.
- Mattresses and made-to-measure bed linen (duvets, duvet covers, sheets, etc.) – are, by their nature (the delivered goods are made to the consumer’s specifications and are clearly intended for a specific person), not subject to the right of withdrawal (Art. VI.53 §3) . If the customer nevertheless cancels the purchase,
i . Prior to production (within 7 days after sale), the customer shall owe OLLIN a compensation of 50% of the total purchase price.
ii. After production (from 7 days after sale), the customer will always be obliged to pay the full purchase price.
- Head, neck and/or decorative pillows – are subject to the right of withdrawal (Art. VI.45 WER). See also “Right of withdrawal” on our website.
3. Customer identification
OLLIN bv offers the customer the possibility to place orders by telephone, email or through the Yuno webshop.
OLLIN bv is entitled to fully rely on the content and form of orders placed using a customer’s Customer ID. OLLIN bv is therefore entitled to deliver to, invoice and be paid by the customer whose Customer ID was used in relation to the orders placed with his Customer ID.
4. Delivery terms
a) Without prejudice to the right of OLLIN bv to extend the delivery period once as provided for below, the delivery period indicated on the order form shall be binding unless in all cases OLLIN bv can demonstrate force majeure. When OLLIN bv cannot comply with this delivery date or deadline, it shall immediately notify the purchaser by letter or by an e-mail address specified by the customer. The seller may indicate in this letter an extension of the delivery date or period, which shall not exceed 25% of the initially agreed period. Except in cases of force majeure, if this new deadline is exceeded, the purchaser may rescind the contract by registered letter, without prior notice and without prejudice to compensation for the damage actually incurred.
b) We reserve the right to make partial deliveries, which constitute partial sales. The partial delivery of an order cannot justify the refusal to pay for the goods delivered.
c) The goods shall remain the property of OLLIN bv until full payment of the principal, costs and interests. If goods are delivered by OLLIN bv, the risk shall be transferred at the time of delivery.
d) The client shall ensure that the services and/or the goods can be delivered and installed by OLLIN bv in a normal way at the agreed place and time, and thus ensure, among other things, the accessibility of the place of delivery. In the event of non-compliance the customer shall be obliged to reimburse OLLIN bv for all damages, including waiting hours, storage costs and costs for preservation of the item.
5. Acceptance and recourse
a) Taking possession of the goods and/or services without reservation shall constitute acceptance thereof with regard to visible defects and conformity.
b) Only complaints for visible or hidden defects that are submitted by registered mail within 7 days after receipt of the goods and that are described in great detail and precision can be taken into consideration.
c) All claims expire when the client makes changes to the delivered goods without OLLIN bv’s consent, or when it is contradictorily established that the defects are not due to an error on the part of OLLIN bv. In the event of late payment or refusal to pay, any recourse shall also lapse.
d) In the event of defective delivery OLLIN bv may, at its own discretion, either repair or replace the goods within a normal period of time, or reimburse the goods at the invoiced price.
e) If the period of 7 days after receipt of the goods has expired and the client cannot invoke the guarantee stipulated in article 6, OLLIN bv shall only be responsible for hidden defects that make the goods unsuitable for the use for which they are intended, insofar as the goods have not been processed in the meantime and insofar as OLLIN bv knows or should know of the defects. The customer shall inform OLLIN bv at the latest within 8 calendar days after observation of the hidden defect by means of a registered letter with a detailed description of the defect. Complaints due to hidden defects shall not suspend the customer’s payment obligation.
All YUNO products are subject to the statutory warranty.
The customer must immediately check the goods/services delivered. In the unlikely event that material or manufacturing defects are detected, YUNO offers an additional warranty of
- 100 months on mattresses.
a) Up to and including 24 months after the invoice date, the replacement costs are 100% at the expense of YUNO.
b) From 25 and up to 100 months after the invoice date, a depreciation regime of 1/100 part of the original invoice amount per month from the invoice date shall apply. Charges are made per month started. The customer who observes a defect should report this defect to OLLIN BV by registered mail within 8 (eight) days after the date on which the defect is observed by the customer. The guarantee can only be invoked if the delivery note or invoice can be produced and is only valid in so far as the goods have been used with due care and in accordance with OLLIN bv’s instructions within the framework of their normal use. OLLIN bv reserves the right to inspect the goods in relation to the granted guarantee. The guarantee implies a commercial compensation equal to the residual value of the purchased product as determined in the depreciation table. This guarantee only applies to the purchase of a new product from the YUNO line or equivalent. This guarantee never gives rise to a refund of funds.
c) Not covered by the guarantee: defects caused by incorrect or careless use, as well as normal wear and tear and defects. Normal wear and tear means, among other things, a local height loss after one year of no more than 1 cm for mattresses and toppers, or a local height loss after five years of no more than 2 cm. Regular defects include a deviation in length, width or height of a product of no more than 1 cm. (NEN-EN 1334 norm)
The following are also not covered by the guarantee: Normal loss of firmness and change of properties and/or discolouration, which do not affect the general properties of the product.
- 60 months on customised bed linen.
a) Up to and including 24 months after the invoice date, the replacement costs are 100% at the expense of YUNO.
b) From 2 years up to 5 years after the invoice date, a depreciation regime of 1/50 part of the original invoice amount per month calculated from the invoice date applies. The customer who observes a defect should report this defect to OLLIN BV by registered mail within 8 (eight) days after the date on which the defect is observed by the customer. The guarantee can only be invoked if the delivery note or invoice can be produced and is only valid in so far as the goods have been used with due care and in accordance with OLLIN bv’s instructions within the framework of their normal use. OLLIN bv reserves the right to inspect the goods in relation to the granted guarantee. The guarantee implies a commercial compensation equal to the residual value of the purchased product as determined in the depreciation table. This guarantee only applies to the purchase of a new product from the YUNO line or equivalent. This guarantee never gives rise to a refund of funds.
c) Not covered by the guarantee: defects caused by incorrect or careless use, as well as normal wear and tear and defects. The following are also not covered by the guarantee: Normal loss of firmness and change of properties and/or discolouration, which do not affect the general properties of the product.
7. Terms of payment
a) Unless expressly agreed otherwise in writing, the invoice shall be payable in cash or digitally (mobile banking/home banking) upon receipt or by deposit prior to delivery (the balance shall be in the account of OLLIN bv at least 48 hours before the scheduled time of delivery).
b) Any non-payment shall render the outstanding invoices due and entitle OLLIN bv, after notice of default, either to suspend any future deliveries or to rescind the agreement, without prejudice to the right to damages.
c) If one of the parties does not fulfil its contractual obligations, the other party shall be entitled, after notice of default, either to suspend its obligations or to rescind the contract without judicial intervention, if the notice of default is not acted upon within 30 working days.
d) In the event of non-compliance with the terms of payment, interest at the rate of 1% per month shall be payable by operation of law and without notice of default, as well as damages amounting to 10% of the invoice amount with a minimum of EUR 25, to be increased by compensation for any legal costs and for all relevant collection costs incurred as a result of the delay in payment. If the purchaser is in default of payment, the seller shall not be obliged to make further deliveries and the seller may decide to rescind the contract and claim damages. The non-payment of one invoice on the due date shall entail the immediate exigibility of all outstanding invoices, even those not past due, without taking into account previously authorised payment terms.
e) Complaints concerning the invoice must be reported by registered mail within eight (8) days after the invoice date. Failing this, the invoice shall be deemed to have been accepted without any reservation. Complaints due to visible defects or non-conformity of the delivery must be formulated in writing with a clear indication of the defects within seven (7) days after delivery under penalty of expiry. Complaints due to hidden defects must be formulated in writing with a clear description of the defects on penalty of forfeiture of rights. Complaints do not release the customer from the agreed payment obligations within the period specified in these General Terms and Conditions of Sale.
8. Exclusive competence - applicable law
Any dispute relating to the present contract falls exclusively within the competence of the courts of the judicial district of Antwerp and, where appropriate, within the competence of the Justice of the Peace of the first canton in Antwerp. These courts are expressly recognised and accepted by the parties as the only competent jurisdictions. Any dispute between the customer and OLLIN bv shall be governed exclusively by Belgian law. Ref 2003I