TERMS AND CONDITIONS

LAST UPDATED :  January 1, 2018

 

Dear user of www.yellow-gear.com,


These terms and conditions of use (hereafter “terms and conditions”) apply to your use of www.yellow-gear.com. Please read these terms and conditions carefully before you use www.yellow-gear.com (the “site”) operated by Yellow Gear (“us”, “we”, or “our”). By using our site, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our site or immediately stop using our site. These terms and conditions apply to all visitors, users and others who access or use our site.

Our site uses cookies. By using our site or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

Yellow Gear may, at its sole discretion, change, modify, add or remove portions of these terms and conditions of use, at any time. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. You agree that by visiting the site from time to time you become bound to the latest version and are familiar with the content of the latest version of the relevant terms and conditions of use of our site. Unless stated in the latest version, all previous versions shall be superseded by the latest version.

Yellow Gear is registered in Amsterdam, the Netherlands. Our VAT number is NL856099995B01 and our Chamber of Commerce number is 65407091. If you have any questions and/or comments about Yellow Gear, please sent us an email at info@yellow-gear.com.

Use of the website
You are allowed to view pages from our site in a web browser, stream audit and video files from our site and use the site services by means of a web browser subject to the other provisions of these terms and conditions.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any content on our site. Unless you own or control the relevant rights of the content, you must not copy contents from our site and republish this on another website, sell any content from our site, show any content from our site in public or use content from our site for your commercial purposes.
You should not use our site in a way that may cause damage to the site or the performance, availability and / or accessibility of the site. Furthermore, you should not use our site in a way that is non-compliant with laws and legislation and could be illegal or fraudulent.

Opening an account
For some of the services or features on this site you may register for an account with our site. If you choose to open an account you should ensure that the information you provide is entirely true, accurate, complete, up to date and non-misleading.
If you register for an account on our site you will be asked to choose a user ID and password. You should not use your account or user ID for or in connection with the impersonation of any person. You are responsible to keep your password confidential.

If you become aware of any disclosure of your password, you must notify us in writing immediately at the following email address: info@yellow-gear.com. You are responsible for any acts on our site arising out of any failure to keep your password safe, and may be held liable by us for any losses arising out of such a failure.

You must not allow any other person to use your account to access the site. You must not use any other person’s account to access our site, unless you have that person’s explicit permission to do so.

In case of unauthorized use of your account and/or a security breach related to your account, you must notify us in writing immediately at the following email address: info@yellow-gear.com.

You are allowed to cancel your account on our site at any time.

Our privacy policy states how we will use your registered personal information.

Orders
Prices shown on the site are stated in Euros and include the applicable VAT rate. The Euro price stated on the site at the time we accept your order will be honored, except when there is an obvious error. We do our utmost to make sure that the information on the site, including prices, are fully accurate. If we find an error in the pricing of a product in your order, we will inform you as soon as possible and reserve the right to cancel such an order. If you have already paid for the goods, we shall refund the full amount as soon as we are able.

Applicable customs and import duties charged when the parcel with ordered products reaches the country of destination have to be paid by the recipient of the parcel. Local custom authorities determine the applicable customs and import duties and we have no control over the applicable customs and import duties. Your local customs office can provide you with the latest customs and import duties in order to avoid any unpleasant surprises. You as customer are fully liable for any parcels that are returned to us due to unpaid customs and import duties.

All orders are subject to acceptance and availability. Items in your shopping basket are not reserved and can be purchased by other customers. The receipt of your order will be acknowledged by email. This however is not a guarantee of delivery. If the items you have ordered are not available, you will be contacted, and an alternative or a full refund is offered to you.

Payment
Payment can be made through below methods of payment:
– iDeal – only available to Dutch customers
– Bancontact / Mister Cash
– Credit Card (Mastercard, Visa, American Express and Maestro)
– Paypal

The total amount to be paid is the same and does not depend on the selected method of payment. Payments for your full order will be withdrawn. If we are only able to deliver part of your order, then on delivery we will issue a credit note and you will receive a full refund for the products that could not be delivered to you.

All payments are handled by Mollie. We do our utmost, in so far as it is within our power to do so, to keep your order and payment details secure and safe. However, in the absence of negligence from our side, we cannot be held liable for any loss or damage you may suffer from unauthorized access to any data you provide when accessing or ordering through our site.

Credit card payments are subject to validation checks and authorization by the card issuing company. If the issuing company of your credit card refuses to authorize payment to Yellow Gear, we will not be liable for any delay or non-delivery. Furthermore, we reserve the right not to accept your order if we are unable to obtain authorization for payment.

Delivery
We try to deliver all orders as soon as possible, but in any event within 30 days after we received the payment of the order. If the order is not delivered within 30 days after we receive your payment, you are entitled to cancel the order and you will get a full refund.

If the delivery of the order is delayed due to an event outside our control (e.g. custom clearance procedures), we will inform you as soon as possible and we will act to minimize the negative consequences of the delay.

Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

Website content
The “content” includes all graphics, photographs, including all image rights, sounds, music, video, audio, text, trademarks, logo’s and names on this site. We have made every effort to ensure that the content on the site is accurate and complete. We nor any third party content provider however do promise that the site is accurate and free from errors and we shall not be bound in any manner by any content included on the site. We reserve the right at any time to change or cancel any element of the content or functionality of this website. If you may encounter an error or omission at this site, please inform us on this matter through info@yellow-gear.com.

All content including third party trademarks, logo’s, designs and related intellectual property rights included on this site are protected by (inter)national intellectual property and other laws and legislation. Therefore copying, reproducing, republishing, uploading, posting, translating or distributing the content of this site to any other server, website, location or other medium for publication is forbidden and may result in civil and criminal penalties.

This site may include (external) links to other websites or other means for publication, but we are not responsible for the accuracy and completeness of their content. The use of these links is at your own risk and we refer to the terms and conditions of use of the external websites or other means for publication.

Limited warranties
We do not warrant, guarantee or in any other way represent that the information or content on our site is complete, up to date and accurate and that the site or any service offered through this site will remain available.

We reserve the right, at any time and without notice or explanation, to discontinue or change any or all of the services on our site, any applicable terms and conditions or to stop publishing our site. You are not entitled to any compensation or other payment upon discontinuing or changing any services on our site, or if we stop publishing the site.

Although we make every effort, we cannot ensure that files or other data your download from this site are free of viruses or other contaminations.

Limitation of liability
Nothing in these terms and conditions will limit or exclude any liability for death or personal injury resulting from negligence, any liability for fraudulent misrepresentation or any liabilities in any way that is non-compliant under the applicable laws and legislation.

The limitations of liability as set out beneath and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
  • We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control;
  • We will not be liable to you in respect of any (direct, indirect or consequential) business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
  • We will not be liable to you in respect of any loss or corruption of any data,database or software;
  • We will not be liable to you in respect of any special, indirect or consequential lossor damage;
  • You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees);
  • We will not be liable for any (direct, indirect or consequential) personal injury or expense of any nature which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of this site, the content of this site, failure or delay in performance and transmission and personal information shared over our system;
  • We furthermore disclaim any and all liability for acts and conducts of any third party in connection with or related to your use of this site.

Violation of these terms and conditions
You agree that you are personally responsible for using this site. If we determine that you violated these terms and conditions in any way, or if we reasonably suspect that you breached these terms and conditions in any way, and / or are involved in illegal activities, we may take appropriate measures.
We may send you one or more formal warnings in writing (by email), temporarily suspend your account on our site, permanently suspend or block your account on our site or commence legal actions against you.

We may disclose any information on you if we conclude that such disclosure is necessary due to an investigation or complaint regarding your use of this site or to comply with any applicable law(s), legislation, regulation or governmental request.

If we suspend or block your account, you must not take any action to circumvent such suspension or blocking including without limitation creating and/or using a different account.

Severability
All provisions of any these terms and conditions are, notwithstanding the way they have been grouped together, severable from each other. If any provision of these terms and conditions is or becomes unlawful and / or unforceable in any jurisdiction, the other provisions will continue in full force and effect.

If any provision that is unlawful and / or unforceable in any jurisdiction would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision(s) will continue in full force and effect.

Waiver
If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use.

Governing law
These terms and conditions, together with privacy policy, constitutes the entire agreement between you and us in relation to your use of our site.

You agree that all matters relating to your access to or use of our site, including all disputes, will be governed by the laws of The Netherlands. Any claim under these terms and conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

In the event of any controversy or dispute between us and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Comments or questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at info@yellow-gear.com.