terms of service:
please read this agreement carefully before accessing or using the website. by accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. if you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. if these terms and conditions are considered an offer by yellow days, acceptance is expressly limited to these terms. the website is available only to individuals who are at least 13 years old.
- your shopyellowdays.com account and site. if you create a blog/site on the website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. you must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and yellow days may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause yellow days liability. you must immediately notify yellow days of any unauthorized uses of your blog, your account or any other breaches of security. yellow days will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- responsibility of contributors. if you operate a blog, comment on a blog, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “content”), you are entirely responsible for the content of, and any harm resulting from, that content. that is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. by making content available, you represent and warrant that:
- the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- the content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
- the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. for example, your blog’s url or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by yellow days or otherwise.
by submitting content to yellow days for inclusion on your website, you grant yellow days a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your blog. if you delete content, yellow days will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
without limiting any of those representations or warranties, yellow days has the right (though not the obligation) to, in yellow days’ sole discretion (i) refuse or remove any content that, in yellow days’ reasonable opinion, violates any yellow days policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in yellow days’ sole discretion. yellow days will have no obligation to provide a refund of any amounts previously paid.
- payment and renewal.
- general terms.
by selecting a product or service, you agree to pay yellow days the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. payments are not refundable.
- automatic renewal.
unless you notify yellow days before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. upgrades can be canceled at any time by submitting your request to yellow days in writing.
- general terms.
- fees; payment. by signing up for a services account you agree to pay yellow days the applicable setup fees and recurring fees. applicable fees will be invoiced starting from the day your services are established and in advance of using such services. yellow days reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. services can be canceled by you at anytime on thirty (30) days written notice to yellow days.
- support. if your service includes access to priority email support. “email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by yellow days to respond within 1 business day) concerning the use of the vip services. “priority” means that support takes priority over support for users of the standard or free shopyellowdays.com services. all support will be provided in accordance with yellow days standard services practices, procedures and policies.
- responsibility of website visitors. yellow days has not reviewed, and cannot review, all of the material, including computer software, posted to the website, and cannot therefore be responsible for that material’s content, use or effects. by operating the website, yellow days does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. the website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. the website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. yellow days disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
- content posted on other websites. we have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which shopyellowdays.com links, and that link to shopyellowdays.com. yellow days does not have any control over those non-yellow days websites and webpages, and is not responsible for their contents or their use. by linking to a non-yellow days website or webpage, yellow days does not represent or imply that it endorses such website or webpage. you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. yellow days disclaims any responsibility for any harm resulting from your use of non-yellow days websites and webpages.
- copyright infringement and dmca policy. as yellow days asks others to respect its intellectual property rights, it respects the intellectual property rights of others. if you believe that material located on or linked to by shopyellowdays.com violates your copyright, you are encouraged to notify yellow days in accordance with yellow days’ digital millennium copyright act (“dmca”) policy. yellow days will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. yellow days will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of yellow days or others. in the case of such termination, yellow days will have no obligation to provide a refund of any amounts previously paid to yellow days.
- intellectual property. this agreement does not transfer from yellow days to you any yellow days or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with yellow days. yellow days, shopyellowdays.com, the shopyellowdays.com logo, and all other trademarks, service marks, graphics and logos used in connection with shopyellowdays.com, or the website are trademarks or registered trademarks of yellow days or yellow days’ licensors. other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. your use of the website grants you no right or license to reproduce or otherwise use any yellow days or third-party trademarks.
- advertisements. yellow days reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- attribution. yellow days reserves the right to display attribution links such as ‘blog at shopyellowdays.com,’ theme author, and font attribution in your blog footer or toolbar.
- partner products. by activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. you can opt out of their terms of service at any time by de-activating the partner product.
- domain names. if you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the internet corporation for assigned names and numbers (“icann”), including their registration rights and responsibilities.
- changes. yellow days reserves the right, at its sole discretion, to modify or replace any part of this agreement. it is your responsibility to check this agreement periodically for changes. your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. yellow days may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). such new features and/or services shall be subject to the terms and conditions of this agreement.
- termination. yellow days may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. if you wish to terminate this agreement or your shopyellowdays.com account (if you have one), you may simply discontinue using the website. notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by yellow days if you materially breach this agreement and fail to cure such breach within thirty (30) days from yellow days’ notice to you thereof; provided that, yellow days can terminate the website immediately as part of a general shut down of our service. all provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- disclaimer of warranties. the website is provided “as is”. yellow days and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. neither yellow days nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. you understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
- limitation of liability. in no event will yellow days, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to yellow days under this agreement during the twelve (12) month period prior to the cause of action. yellow days shall have no liability for any failure or delay due to matters beyond their reasonable control. the foregoing shall not apply to the extent prohibited by applicable law.
- indemnification. you agree to indemnify and hold harmless yellow days, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this agreement.
- miscellaneous. this agreement constitutes the entire agreement between yellow days and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of yellow days, or by the posting by yellow days of a revised version. except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website will be governed by the laws of the overijssel, the netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in rechtbank almelo, the netherlands. except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the comprehensive arbitration rules of the judicial arbitration and mediation service, inc. (“jams”) by three arbitrators appointed in accordance with such rules. the arbitration shall take place in almelo, the netherlands, in the english language and the arbitral decision may be enforced in any court. the prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. if any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. a waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. you may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; yellow days may assign its rights under this agreement without condition. this agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
these general terms and conditions (the “general conditions”) apply when you (“customer” or “you”) place an order from yellow days, company registration no nl225430460b01 (“company”, “us” or “we”) on shopyellowdays.com, (the “website”).
we sell products to multiple jurisdictions and these general conditions are set out to be global . still, depending on the jurisdiction in which you live, mandatory law may also apply. we respect such applicable laws and nothing in these general conditions shall be seen as a limitation of your mandatory statutory rights, if such laws provide greater rights for you than set out here.
by accepting these general conditions, you understand and accept that any order, purchase or transaction is made exclusively between the company and the customer.
when you receive an order confirmation from us your purchase order is accepted and a purchase agreement is entered into. we encourage you to save the order confirmation for any future contacts with us. we may deny a purchase order for various reasons, for example if you provide incorrect personal data and/or have a record for non-payment of debt.
you may withdraw your order until it has been confirmed by us. we will then refund any payment that you, or your pay- or credit card company, have made for the order.
we may cancel an order if the products ordered are sold out. we will then refund any amount paid and notify you about equivalent products if such are available.
all products ordered remain our property until we have received full payment for them.
customer information etc.
you are responsible for that the personal data that you provide us with is correct and complete.
you are responsible for all purchases made with your login details. so make sure that you keep the login details secret and that no unauthorized persons have access to them. let us know if you suspect that an unauthorized person have obtained access to your login details.
prices, fees etc.
the prices indicated on the website apply to orders placed on the website. all prices are in the currency stated on the website and include vat where specified (depending on where you reside vat may however not be applicable to your purchase). if nothing else is stated on the website the prices do not include payment- or shipping fees and these are given separately. please note also that local charges (such as currency conversion fees, credit or bank card fees, sales tax, customs duty etc.) may apply depending on where you live and local regulations. such charges are at your expense and will not be refunded by us.
from time to time we may, for specific products, offer more favorable conditions than those provided for in these general conditions, for example with regards to extended right of withdrawal or free returns. such more favorable conditions are valid only for a limited duration of time, until the specific products are sold out, and may be cancelled by us at any time, and if we do so these general conditions will apply without amendments.
shipping and delivery
products in stock are normally delivered within the number of working days shown on the website. the expected delivery time for an order is set out in the order confirmation. in case of delay in delivery, we will inform you and continue to monitor the order. you may apply for a refund if a delivery is delayed for more than 20 days on top of the expected delivery time and the delay is not due to you.
delivery times (after shipping):
the netherlands: 1 – 3 working days
germany: 2 – 5 working days
europe: 3 – 20 working days
worldwide: 7 – 30 working days
depending on delivery method you may be required to pick up the order at a specific delivery point. you are required to do so within the time specified in the notification of delivery. if you do not pick up the delivery in time you may be charged a fee and the order may be sent back to us at your expense. we may also cancel the order if the delivery is not picked up in time.
right to withdrawal
you may withdraw your order by notifying us within 14 days from the day that you received the ordered products. you must then send us a withdrawal notification containing your name, address, e-mail address, the order number and a specification of which products that the withdrawal relates to, for example by using the web form on the website. you must then also, immediately and within 14 days from the date of the withdrawal notification, return the withdrawn products to us at your expense. you are responsible for the condition of the products during the shipment back to us and we therefore strongly recommend that you send these well packaged, in good condition and in their original box and/or packaging.
when an order is withdrawn by you, we will refund the price that you have paid for the products withdrawn, including any shipping costs for standard delivery to you (meaning the cheapest available method of delivery so you will not get a refund for extra costs due to that you have opted for express delivery or something similar). from the amount to be refunded we will however deduct any depreciation in value of the products if such depreciation is due to that you have handled them to a greater extent than necessary to determine their function or characteristics. shipping costs are further only refunded if the withdrawn products form a whole order and are therefore not refunded if you cancel only parts of an order. we will pay the amount to be refunded as soon as possible and within 14 days of the withdrawal notification. we will however delay the payment until we have received the withdrawn products or proof that they have been sent to us (certificate of delivery). the refund will be paid with the same payment method that you used to pay the withdrawn products unless otherwise agreed.
your right to withdrawal does not apply to contracts which:
– relate to a service which has been fully performed, if by placing the order you have consented to commencement of performance of the service and acknowledged that there would be no right to withdrawal after performance of the service;
– relate to goods or a service for which the price is dependent on fluctuations on the market which we cannot control and which may occur during the period between you receiving the withdrawn products and your notification to us of the withdrawal of the order;
– relate to goods which have been manufactured in accordance with your specifications or which otherwise are clearly personalized;
– relate to goods which may quickly deteriorate or expire;
– relate to goods with a broken seal which are not suitable for return due to reasons of health or hygiene, and the seal has been broken by you;
– relate to goods which, after delivery, by their nature, are such that they are mixed with other items so that the items cannot be separated;
– relate to individual issues of a newspaper or magazine;
– relate to digital content which is supplied other than on a tangible medium, if you have expressly consented to delivery in such way and acknowledged that there would be no right to withdrawal;
we will refund you for defective products in accordance with applicable consumer protection legislation and carry the cost for return delivery of the products to us. we strive to perform such refund within 30 days from receipt of a complaint and finding that a refund shall be made, but this time may be delayed depending on the nature of the product. we also strive to comply with any guidelines regarding defective products provided by the relevant national consumer protection authorities. the refund will be paid with the same payment method that you used to pay the order for the complaint products unless otherwise agreed.
limitation of liability
where applicable mandatory law does not provide otherwise, our liability is limited to direct damages and under no circumstances are we liable for indirect damages such as loss of earnings etc.
intellectual property rights
the website and all its content is owned by us or our licensors and protected by intellectual property and marketing legislation. this means that trademarks, company names, product names, images and graphics, design, layout and information on products, services and other content may not be copied or used without our prior written consent.
we reserve ourselves for any image or typographical errors on the website, such as errors in product descriptions, technical specifications, inaccurate prices or incorrect information with regards to whether a product is in stock. we are entitled to rectify any obvious errors and, at any time, to change or update the information on the website accordingly.
the images on the website are for illustration purposes only and do not guarantee to reproduce the exact number of products that you would receive at an order, nor the exact appearance, function or origin of the products.
changes to the general conditions
we may change these general conditions at any time. we will then set forth the changed general conditions on the website and they will enter into force once you have accepted them (in connection with a new order through the website or while browsing the website).
governing law and disputes
in the event of a dispute, we strive to comply with any decision by the relevant national consumer protection authorities.
any dispute regarding the interpretation or application of these general conditions shall be governed by and construed in accordance with the laws of the country or state where we conduct our business and shall be subject to the non-exclusive jurisdiction of the court at the place of our incorporation. “non-exclusive jurisdiction” means that you may bring a claim against us in another jurisdiction if provided by applicable mandatory law.