Terms of Service

INTERMEDIATION TERMS AND CONDITIONS

BUSINESS STRUCTURE

The sale of movable goods on the website is not conducted by the website operator but by the seller. Therefore, when purchasing movable goods, a contract is formed between the buyer and the seller. The website operator itself is not a party to this sales contract. For simplicity, the general terms and conditions applicable between the seller and the buyer are included in this document. Note: These terms apply between the buyer and the seller and are not enforceable against the website owner.

If the seller is based in a country of the European Union (EU), Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:

• The seller must provide the buyer with clear, written information about taxes, payment, delivery, and contract fulfilment.
• The buyer must receive the order within 30 days unless another timeframe has been agreed with the seller. If the movable item is unavailable or no longer available, the seller must inform the buyer. Payments made will be refunded within thirty days unless the seller provides a similar item.
• The buyer has a right of withdrawal, meaning they can cancel the purchase without giving a reason for at least fourteen days. Any shipping costs incurred will be borne by the buyer. Payments made will be refunded within thirty days.

ARTICLE 1 - DEFINITIONS

In these Intermediation Terms, the following terms are used:

• Website: The accessible platform available at https://yuvy.co.uk/, including all associated subdomains.
• Website Owner: The company Optimal Houses, registered in Lithuania under registration number 1073492.
• Buyer: The person making a purchase on the aforementioned website.
• Seller: A company acting either as a producer or retailer selling movable goods to the buyer.

ARTICLE 2 - BUYER'S RIGHTS

If the seller is based in a country of the European Union (EU), Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:

• The seller must provide the buyer with clear, written information about taxes, payment, delivery, and contract fulfilment.
• The buyer must receive the order within 30 days unless another timeframe has been agreed with the seller. If the movable item is unavailable or no longer available, the seller must inform the buyer. Payments made will be refunded within thirty days unless the seller provides a similar item.
• The buyer has a right of withdrawal, meaning they can cancel the purchase without giving a reason for at least fourteen days. Any shipping costs incurred will be borne by the buyer. Payments made must be refunded within thirty days.

ARTICLE 3 - NATURE OF INTERMEDIATION SERVICE

The sale of movable goods on the website is not conducted by the website operator but by the seller. The purchase of movable goods is therefore subject to a contract between the buyer and the seller. The website operator is not a party to this sales contract.

Through the website, certain movable items are purchased from third parties, regardless of whether they are based in the European Union or not.

The website operator’s service is an intermediation service provided to a third party. When ordering goods via the website, the website owner is authorised to act as an intermediary on behalf of and for the account of the buyer, placing the order with the actual seller of the goods.

If the actual seller is based outside the Netherlands and the movable item must therefore be imported, this is done in the buyer’s name. Additional costs, such as import VAT and (customs) clearance fees, will be borne by the buyer.

ARTICLE 4 - PAYMENT

Payment processing for the purchased product is handled by the website operator. The website operator also manages (refund) payments to the actual seller.

The prices listed on the website may differ from the amounts paid by the website operator to the actual seller. It is possible that the seller may offer the product at a lower price after the buyer has purchased it. The difference between the amount paid by the buyer and the amount paid to the seller is considered compensation for the intermediation service provided by the website owner to the third party.

ARTICLE 5 - COMPLAINTS PROCEDURE

If the buyer is dissatisfied with how the (intermediation) agreement has been executed, they may notify the website operator using the contact details provided on the website. The website operator will handle any buyer’s report with the utmost care and as quickly as possible. The website operator will provide a substantive response to the buyer no later than fourteen days after receiving the report.

In case of dissatisfaction with the procedure outlined in paragraph 1 of this article, the buyer may contact the European OS Platform Dispute Resolution Committee (https://ec.europa.eu/consumers/odr/).

GENERAL TERMS AND CONDITIONS

TABLE OF CONTENTS:

1. Article 1 - Definitions
2. Article 2 - Identity of the Entrepreneur
3. Article 3 - Applicability
4. Article 4 - The Offer
5. Article 5 - The Contract
6. Article 6 - Right of Withdrawal
7. Article 7 - Costs in Case of Withdrawal
8. Article 8 - Exclusion of the Right of Withdrawal
9. Article 9 - The Price
10. Article 10 - Compliance and Warranty
11. Article 11 - Delivery and Execution
12. Article 12 - Duration Transactions: Duration, Termination, and Renewal
13. Article 13 - Payment
14. Article 14 - Complaints
15. Article 15 - Disputes
16. Article 16 - Additional or Deviating Provisions

ARTICLE 1 - DEFINITIONS

In these terms, the following definitions apply:

• Ancillary Contract: A contract where the consumer acquires products, digital content, and/or services related to a distance selling contract, and these products, digital content, and/or services are delivered by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur.
• Cooling-off Period: The period during which the consumer may exercise their right of withdrawal.
• Consumer: A natural person not acting in the course of a profession, trade, or business who enters into a contract with the entrepreneur.
• Day: Calendar day.
• Digital Content: Data produced and delivered in digital form.
• Duration Transaction: An agreement concerning a series of products and/or services where the delivery and/or purchase obligation is spread over time.
• Durable Medium: Any instrument enabling the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information, including email.
• Right of Withdrawal: The consumer’s ability to cancel the distance selling contract within the cooling-off period.
• Model Withdrawal Form: The withdrawal form provided by the entrepreneur to the consumer, which the consumer may complete to exercise their right of withdrawal.
• Entrepreneur: A natural or legal person offering products and/or (access to) digital content and/or services to consumers at a distance.
• Distance Selling Contract: An agreement concluded under an organised distance sales system run by the entrepreneur, where up to the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
• Means of Distance Communication: Tools that can be used to conclude a distance contract without the consumer and entrepreneur being physically present in the same place.
• General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Optimal Houses
Registered Office: Lithuania
Email: info@yuvy.co.uk
Registration Number: 1073492

ARTICLE 3 - APPLICABILITY

These general terms apply to every offer by the entrepreneur and to every distance selling contract and order concluded between the entrepreneur and the consumer.

Before the distance selling contract is concluded, the text of these general terms will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the conclusion of the distance selling contract how the general terms can be inspected and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance selling contract is concluded electronically, the text of these general terms will be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not possible, before the conclusion of the distance selling contract, it will be indicated where the general terms can be inspected electronically and that they will be sent free of charge to the consumer upon request, either electronically or by other means.

In cases where specific product or service terms apply in addition to these general terms, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision most favourable to them in case of conflicting terms.

If one or more provisions of these general terms are deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced by a provision that closely reflects the original intent.

Situations not covered by these general terms shall be assessed in accordance with these terms.

Uncertainties regarding the interpretation or content of one or more provisions of our general terms shall be interpreted in accordance with these terms.

ARTICLE 4 - THE OFFER

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The entrepreneur’s offer is non-binding. The entrepreneur reserves the right to amend and adjust the offer.

The entrepreneur’s offer includes a complete and accurate description of the products and/or services offered. The offer contains a sufficiently detailed description to enable the consumer to assess the offer properly. Any images used by the entrepreneur that imply they represent the offered product must be a true reflection of the products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

Product images are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Every offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:

• The price, including taxes.
• Possible delivery costs.
• The manner in which the agreement is concluded and what actions are required.
• Whether the cost of distance communication is calculated based on a rate other than the basic rate for the communication medium used.
• Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer.
• The minimum duration of the distance selling contract in the case of an extended transaction.
• The applicability of the right of withdrawal.
• The method of payment, delivery, and contract fulfilment.

ARTICLE 5 - THE CONTRACT

Subject to the provisions in paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance. Until the entrepreneur confirms receipt, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

The entrepreneur may, within legal limits, verify the consumer’s ability to meet payment obligations and any facts relevant to a responsible conclusion of the distance selling contract. If the entrepreneur has good reason not to enter into the contract based on this verification, they may refuse an order or request, stating reasons, or attach special conditions to execution.

No later than upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer with the following information in writing or in a manner allowing the consumer to store it on a durable medium:

• The business address where the consumer can submit complaints.
• The conditions and manner for exercising the right of withdrawal, or a clear statement excluding the right of withdrawal.
• Information about warranties and existing after-sales service.
• The price, including taxes, for the product, service, or digital content.
• Delivery costs, if applicable.
• The method of payment, delivery, or fulfilment of the distance selling contract.
• The conditions for terminating the contract if the contract has a duration exceeding one year or is indefinite.
• If the consumer has a right of withdrawal, the model withdrawal form.

For duration transactions, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For product delivery:

When purchasing products, the consumer may dissolve the contract without giving reasons for 14 days.

This withdrawal period begins the day after the consumer or a representative designated by the consumer receives the product.

If the consumer has ordered multiple products in the same order, the withdrawal period begins the day the consumer or their designated third party receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided the consumer is clearly informed before ordering.

If the delivery consists of multiple shipments or parts, the withdrawal period begins the day the consumer or their designated third party receives the last shipment or part.

If the agreement involves the regular delivery of products over a specified period, the withdrawal period begins the day the consumer or their designated third party receives the first product.

For services and digital content not delivered on a tangible medium:

For service contracts or contracts for the supply of digital content not delivered on a tangible medium, the consumer may cancel the contract within fourteen days without giving reasons. These fourteen days begin the day after the contract is concluded.

Extended withdrawal period for products, services, and digital content not delivered on a tangible medium if no information about the right of withdrawal is provided:

If the entrepreneur fails to provide the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period.

If the entrepreneur provides the aforementioned information within twelve months of the start of the original cooling-off period, the cooling-off period expires fourteen days after the consumer receives this information.

During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the entrepreneur’s reasonable and clear instructions.

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receiving the product, using the model withdrawal form. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof of timely dispatch, such as a shipping receipt.

ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

When exercising the right of withdrawal, the consumer is only responsible for the costs of returning the product.

The entrepreneur will refund the purchase amount as soon as possible, no later than 14 days after the withdrawal, using the same payment method as the consumer. This requires the return of the product by the entrepreneur or proof of complete return. Any depreciation due to careless handling will be charged to the consumer. This cannot be claimed if the entrepreneur failed to provide all legally required information about the right of withdrawal before the purchase contract was concluded.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal may only be excluded if the entrepreneur clearly states this in the offer or before the contract is concluded and the product falls under one of the categories listed in paragraphs 2 and 3.

Exclusion is only possible for the following products:

• Products custom-made to the consumer’s specifications.
• Products clearly of a personal nature.
• Products that perish or age quickly.
• Products whose price depends on financial market fluctuations beyond the entrepreneur’s control.
• Individual newspapers and magazines.
• Audio and video recordings and computer software where the consumer has broken the seal.
• Hygiene products where the consumer has broken the seal.

Exclusion is only possible for the following services:

• Services related to accommodation, transport, catering, or leisure activities to be performed on a specific date or within a specific period.
• Services where delivery has begun with the consumer’s explicit consent before the cooling-off period expires.
• Services related to betting and lotteries.

ARTICLE 9 - PRICE

During the period stated in the offer, the prices of products and/or services will not be increased, except for changes due to VAT rate adjustments.

Notwithstanding the above, the entrepreneur may offer products or services with prices subject to financial market fluctuations beyond their control at variable prices. The offer will mention this connection to fluctuations and that all stated prices are target prices.

Price increases within three months of the contract’s conclusion are only permitted if they result from legal regulations.

Price increases after three months of the contract’s conclusion are only permitted if agreed by the entrepreneur and:

• They result from legal regulations; or
• The consumer is entitled to terminate the contract on the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - WARRANTY AND CONFORMITY

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal and/or regulatory provisions at the time of contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims against the entrepreneur under the contract. This includes any promises made by the entrepreneur, their supplier, importer, or producer granting the consumer rights or claims beyond what is legally required if the entrepreneur fails to fulfil their contractual obligations.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks of delivery. Products must be returned in their original packaging and in new condition.

The warranty does not apply if:

• The consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties.
• The delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions or packaging guidelines.
• The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND EXECUTION

The entrepreneur will exercise the utmost care when receiving and executing product orders and assessing requests for service provision.

The place of delivery is the address provided by the consumer to the company.

Subject to paragraph 4 of this article, the company will process orders promptly but no later than 30 days unless the consumer agrees to a longer delivery time. If delivery is delayed or an order is not or only partially fulfilled, the consumer will be notified no later than 30 days after ordering. In this case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from stated delivery times. Exceeding a deadline does not entitle the consumer to compensation.

In case of termination under paragraph 3 of this article, the operator will refund the amount paid by the consumer as soon as possible, at least within 14 days of termination.

If delivery of an ordered product proves impossible, the entrepreneur will seek a replacement item. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Return costs will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative, unless explicitly agreed otherwise.

ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL

Termination

The consumer may terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the agreements mentioned in the preceding paragraphs:

• At any time and is not limited to termination at a specific time or during a specific period.
• At least in the same manner as they were concluded.
• Always with the same notice period as the entrepreneur has set for themselves.

Extension

A fixed-term contract for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Notwithstanding the above, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be tacitly extended for up to three months if the consumer may terminate the extended contract before the end of the extension with a notice period not exceeding one month.

A fixed-term contract for the regular delivery of products or services may only be automatically extended indefinitely if the consumer may terminate it at any time with a notice period not exceeding one month or three months for contracts involving the regular delivery of daily or weekly newspapers or magazines delivered less than once a month.

A fixed-term trial or introductory subscription for daily or weekly newspapers and magazines does not tacitly continue and ends automatically upon expiry of the trial or introductory period.

Duration

If a contract lasts more than one year, the consumer may terminate it after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 13 - PAYMENT

Unless another date is agreed, amounts payable by the consumer must be paid within seven working days after the start of the cooling-off period under Article 6(1). For service agreements, this period starts after the consumer receives confirmation of the agreement.

The consumer must report any inaccuracies in provided payment details to the operator immediately.

In case of non-payment by the consumer and subject to legal restrictions, the entrepreneur may charge the consumer any pre-determined reasonable costs.

ARTICLE 14 - COMPLAINTS PROCEDURE

The entrepreneur must have a sufficiently publicised complaints procedure and handle complaints in accordance with this procedure.

Complaints about contract execution must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer discovers the defects.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires longer processing, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved amicably, it becomes a dispute subject to the dispute resolution procedure.

ARTICLE 15 - DISPUTES

For contracts between the entrepreneur and the consumer to which these general terms apply, Dutch law applies exclusively.

ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS

Additional provisions or deviations from these general terms must not disadvantage the consumer and must be recorded in writing or in a manner allowing the consumer to store them on a durable medium.

ARTICLE 17 - CLOTHING AND SHOES

Unfortunately, we do not accept returns of clothing and shoes due to their devastating environmental impact. If your clothing does not fit, we will provide a 50% voucher to order a better size. We recommend gifting the original item to a friend to avoid waste.

Here are some facts explaining our decision:

• In 2018, according to the Environmental Protection Agency, 17 million tonnes of textile waste ended up in landfills, accounting for 5.8% of total waste that year.
• The World Resources Institute reports that producing one cotton shirt requires 2,700 litres of water.
• Decomposition of textiles in landfills can take 200+ years.

Since our products are shipped directly from the manufacturer, we already contribute significantly to environmental protection. Accepting returns and the associated waste of clothing and additional logistics emissions would conflict with our mission: a better world.