Youtterly general conditions of sale

Youtterly® is a registered trade mark used by Youtterly

Warranty Office registration number:5889
Hereinafter termed “Youtterly”

Article 1. General conditions and their applicability

The general conditions of sale detailed below (“the General Conditions”) govern the pre-contractual and contractual relations applicable to all users (“User” or “You” or “Consumers”) of the on-line sales sites www.youtterly.com and the domain name extensions .shop, .be .fr .biz .eu .info .net .org .de .es .co.uk .uk and .us.

These general conditions of sale are the only ones applicable and replace all other conditions, barring any express written agreement to the contrary between the parties.

Youtterly may occasionally be required to modify certain provisions in its general conditions. The general conditions must also be re-read after each visit to the site www.youtterly.com and/or www.youtterly.store (hereinafter termed “the Site”). These modifications are enforceable immediately on being put on line and cannot apply to contracts concluded previously.

Each purchase on the site is governed by the general conditions applicable on the date of order. Youtterly considers that by confirming your order, you accept without reservation our general conditions of sale and our Confidentiality Policy “GDPR” after having acknowledged them. By accessing the site, you undertake to respect the General Conditions as well as the Conditions of Use shown therein.

Article 2. Information on products

Youtterly shall pay a maximum of attention to the on-line publishing of information concerning the main characteristics of its products, especially by using technical descriptions and specifications issued by its partners and suppliers together with photographs illustrating the products, within technical limits and with respect for the best market standards. Youtterly shall make a point of producing representative photographs, but these shall not be considered contractual in nature.

Article 3. Price of products

The sale prices shown on site shall be in Euros and net of VAT and delivery costs.
The prices, taxes and delivery costs shall be shown in the order summary before the order is confirmed.

Note: The price for the same product may vary between the product page and the time when the product is in the basket.
Technical errors may also produce a display of incorrect prices on the site. We do not honour orders issued on the basis of erroneous prices or information. In this case, we will contact you by e-mail to cancel the order or send you information to settle the difference in price.

Any delivery costs may change according to choice of products and shall be advised to the User when the order is complete, in addition to the price of the products selected.

The price payable shall be in euros and shall always be clearly shown before the order is confirmed.
Offers and prices may vary on our site.

Youtterly reserves the right to modify its prices at all times, but we undertake to apply the current tariffs shown to you on the Site at the time of your order.

Article 4. Order and conclusion of purchase contract

4.1. To conclude your order, Youtterly is available 24/24 hours and 7 days a week on the website www.youtterly.shop and on the domain name extensions, except in circumstances linked to third parties or force majeure and/or during necessary site maintenance periods; this is essential for providing the best possible service.

To make an order, you must be 18 or over and have the necessary legal capacity, and be an individual person acting within the context of personal needs (these being the normal needs of an individual person).

Youtterly will only validate orders if the following stages are respected.

4.2. The order process consists of five (5) successive stages described below:

1) On the product page
Choose the product, colour and size of your product.
Validate the order basket.

2) On the basket page (cart page)
Choose your method of delivery and check the summary of your order in order to determine that it is free from errors. Then, validate.

3) On the order page (checkout page)
If you do not yet have a Youtterly account, please enter your billing and delivery details and then validate.
The order, your delivery address and the delivery date if indicated are strictly confidential. There is mutual security.
Verify the information encoded and the delivery method.
Choose your method of payment via bank transfer or other means of payment (bank card, credit card etc).
Confirm that you have fully read the general conditions of sale and accept them, ticking the box provided for the purpose on the “order summary” page.

5) Payment of your order total
For payment by bank transfer, please follow the instructions sent by e-mail or given on the site when the order is concluded. The order shall not be effective until the order total is received in our bank account. You must make the transfer within 7 days for the order to be properly registered.
Payment by other means shall be processed by the “Mollie” platform; please follow the procedure for the order, which shall be effective immediately.
Once you have chosen your means of payment, you should pay for your order.
Payment of your order shall firmly and definitively formalise the sales contract drawn up between Youtterly and You.
Within 48 hours you will receive an electronic confirmation of your order, containing the summary of your order.

Without being rendered liable, Youtterly reserves the right to refuse part or all of an order concerning a user without being required to provide a reason and without Youtterly being held liable for any prejudice whatsoever. The User alone shall be responsible for the computer tools that he/she uses, including the communication tools for which he/she is himself/herself responsible.

Article 5. Methods of payment

Using the “Mollie” platform (https://www.mollie.com), Youtterly provides you with a number of different methods of payment:

Payment by credit card (CB®, Visa® or Mastercard®): the total is debited provided the authorisation to debit your account has been obtained beforehand from the competent payment centres. Failing this, your order cannot be taken into account.
Payment by bank transfer.

These platforms are responsible for processing your data.

Article 6. Order and production deadlines

Youtterly products are unique and original items and we take the greatest possible care with them.
The periods mentioned below, for information purposes, are normally applicable and contain several elements that you must take into account.
Production periods vary between 20 and 30 working days
Handling periods vary between 1 and 3 working days and include the careful handling and packaging necessitated by the nature of the products
Delivery periods vary between 2 and 5 working days, depending on your location in particular

If the products or the component elements of these products are not immediately available, the periods shall be extended to take account of delays in production, handling and delivery.

If the products selected are in stock, the estimated period shall be the sum of the following elements:
The handling period.
The delivery period.

The Parties agree that the User’s orders shall be honoured within the periods specified for each type of product. These periods are mentioned for information purposes on the products page for production periods. The handling and delivery periods start from the day following the sale of the Product, except in cases of non-availability mentioned above and in particular in Article 11.

Youtterly shall take every step to respect the periods stated. Youtterly cannot however be held liable for any damages caused by delay, and this may not give rise to any reimbursement or cancellation. However, we undertake to advise you of delivery periods by e-mail as soon as possible.

Article 7. Methods of delivery

Your order shall be sent to the address that you gave us when making the order.
The periods are specified in Article 6.
Youtterly shall make deliveries for Belgium and Mainland France only. No other country of destination will be covered. However, if you are not from these other countries and wish to make an order, you are requested to make contact with our Youtterly sales department on the following address: store@youtterly.com.
Youtterly reserves the choice of delivery firm for questions of security.

Each package shall consist of an outside box, which shall contain packaging, which in turn contains the product, with a “sealed label”.

WARNING: Please check the box when you receive the delivery. To find out more about the reception procedure, please refer to Article 8 below.

Article 8. Checks to be carried out by the user when making an order or return before any use.

When the order is received, the User must thoroughly examine the products ordered and delivered. He/she must advise us immediately of any visible defects and/or any discrepancies in relation to contractual specifications, that is, all defects that can be detected by reliable and attentive examination.

On receipt of the package, before confirming its reception to the forwarding agent, the client must verify that the external packaging box has not been damaged (impact, tear etc).
If this has happened, please take a photograph of the closed packaging box clearly showing the damage before refusing and and returning the package to the forwarding agent. We will then invite you to e-mail the photograph(s) to us within 24 hours at store@youtterly.com.
Above all, do not open the package.
WARNING: No returns will be allowed if the product and packaging box has been opened and/or damaged following validation by the forwarding agent.

If there is no damage to the “packaging box”, you may open the packaging and confirm that the product bears a “sealed” label (ribbon and/or rope) and is in compliance with your order.
If the product bears a “sealed” label (ribbon and/or rope) that complies, then try the product, without breaking or damaging the “sealed” label.
If the product is suitable, you may then break the “sealed” label.
If the product is not suitable, DO NOT BREAK the “sealed” label.
Without breaking the “sealed” label, contact us within 48 hours by e-mail at store@youtterly.com.
We will respond with details of possible return procedures according to the procedure described in Article 9.
WARNING: If the product does not contain a seal and/or there is no report that the packaging box has been damaged and/or refused on delivery, no reduction will be allowed.

All visible defects must be reported to the client services department in a registered letter containing a detailed description of any shortcomings, together with one or more photographs for the purpose of documenting them, not later than 48 hours following receipt of the product.

Youtterly cannot be held liable for any damages arising from visible defects affecting the Products delivered, unless it has been informed in writing of the precise nature of the defects within the above-mentioned period.

Article 9. Product return conditions, procedure and costs

9.1. Conditions for acceptance of returns:
Returns are valid only for the countries mentioned in Article 7 above.
The return process described in our advisers’ e-mail and on the site must be strictly respected.

The products must be returned in perfect condition without being worn or damaged.
The sealed “rope and/or ribbon” attached to the product must be still in perfect condition and not removed.
Returned products must be new, unused and complete (packaging, accessories, notice, label etc) in their original box and fully intact. Products that are incomplete, damaged, broken, dirty or scratched even slightly, shall not be accepted in any circumstances.
Our specialists will confirm that our product (in particular metal, stone and packaging etc) and/or component are in fact consistent with the original of the product sent to you and that it has not been damaged, modified or treated in any way, including reduction in size.
Products must be in their original complete packaging with the original of the certificate, a copy of the invoice and a return form, otherwise they will not be accepted.
In addition, returns cannot be accepted if they are a second consecutive return.
Return is possible for one product per order only.
Products that have already been modified, personalised or made the subject of a specific order (for example measuring of a ring, change of colour etc) at the client’s request, cannot be returned.
When certain specialist products are presented to the client when the order is issued, and/or shown on the product web page with the mention: “non-returnable”, they cannot be reimbursed or exchanged either.
In addition, products sold outside the European common market cannot be reimbursed or exchanged because of complications connected with sending precious items.

9.2. Return procedure:
If the conditions for acceptance of returns are fulfilled, you may follow the procedure shown below:
You will receive an e-mail containing a forwarding agent’s label for the first return offered, which contains as well the forwarding agent’s instructions and directions to be followed. These instructions must be followed under pain of not being able to assure a refund or an exchange.

All returned packages must be returned by the forwarding agent nominated by Youtterly, and which shall monitor the parcel and keep it traced, while following the return procedure to the letter.

9.3. Return costs:
The delivery costs of the first return of an item shall be borne by Youtterly;
We will send you the label to be attached to the package by email;
Any other returns shall be at the expense and responsibility of the professional client;

For orders addressed exclusively by professionals, no insurance shall be taken out by Youtterly for the returns unless a special written agreement is signed by the parties before any order is made and is accepted by our departments. Associated carriage charges, and any damages, shall be the client’s sole responsibility.

9.4. Responsibilities
The client shall be fully responsible for any return of products, including the first return. Youtterly cannot be held responsible in any way whatsoever.

Article 10. Adjustment of size for precious metal rings.

You may return a ring consisting exclusively of precious metal and purchased on the www.youtterly.shop site up to thirty days from delivery date in order to have the item adjusted in size.
In this case, you must inform our departments in writing of your request for adjustment before returning the product to us.
Adjustment of size is valid and will be paid for provided:
– The conditions and/or return procedure set out in Article 9 have been respected to the letter.
In addition,
Personalised or engraved products, and/or products containing a stone, cannot be adjusted in size.
Products that do not contain a stone cannot be returned for adjustment of format and/or dimensions.
The period for adjustment of size is approximately 8 weeks.
When products are received by customers following adjustment in size, no further returns are permitted and you can no longer benefit from the provisions of Article 9. As soon as the resized products are handed over to the customers, they will no longer be able to benefit from a right of return and / or the provisions set out in Article 9.

Article 11. Temporary or permanent non-availability

If the products ordered cannot be delivered because of problems linked with production, Youtterly will contact you by e-mail as soon as possible. Youtterly undertakes to cancel the order where applicable, and we undertake to reimburse your order in accordance with Article 14.

If the products ordered are temporarily unavailable, you will be advised by e-mail as soon as possible. You will then have the choice of awaiting availability or requesting reimbursement in accordance with Article 14. The user shall have a period of five (5) working days in which to advise his/her choice, failing which the order shall remain valid.

Article 12. Right of renunciation

All products (including rings and other products including a personal size, including that for precious metal items) shall be exclusive, unique and made to customer specifications. The User does not therefore have the right to renounce purchase in accordance with Article XIV.35, 3° of the Economic Rights Code, as the supplies are of products that are clearly personalised or made according to consumer specifications.
However, certain personalised products may be subject to an “exceptional” reimbursement if they are everyday products in high demand. In this case, contact us to determine the possibilities of renunciation according to your choice before making an order. In this case, the conditions of return set out in Article 9 remain applicable.

For other products, you have a period of fourteen (14) days from receipt of the package in which to exercise right of renunciation. We will reimburse you according to Article 14 provided the return procedure is respected as per Article 9.

Article 13. Legal guarantees

13.1. Extent of guarantee
All our sold products carry a legal guarantee of compliance and a hidden defects guarantee under the conditions set out in Articles 1648 bis to octies of the Belgian Civil Code.
The Seller is required to deliver to the Purchaser an item that complies with the contract.

The consumer goods issued by the Seller to the Consumer are deemed only to comply with the contract if they:
Correspond to the description given by the Seller and have the qualities of goods that the Seller has presented to the consumer in the form of a sample or model as shown on the site;
Are suitable for the specific use sought by the consumer, as brought to the attention of the Seller at the moment of conclusion of the contract and accepted by the Seller;
Are suitable for the uses for which goods of the same type are normally set aside;
Present the normal qualities and services of goods of the same type, as may reasonably be expected by the consumer with regard to the nature of the goods, and where applicable, taking account of the public declarations made by the Seller or Producer or its representative concerning the specific characteristics of the goods, especially in advertising and labelling;

Compliance problems are deemed not to exist if, on conclusion of the contract, the consumer was aware of the fault and/or could not reasonably have been ignorant of it, or if the compliance problem has its origin in the materials provided by the consumer.

The legal guarantee shall not apply, or shall only apply in part, to repairs to damages arising from a cause external to the product (for example in the event of accident, impact, damp or rust etc), or from a client fault arising for example from use or implementation other than in accordance with the manufacturer’s specifications or from use detrimental to the safe-keeping of the product.

13.2. Guarantee periods
The Seller shall be responsible before the Consumer for any compliance problem that exists when the goods are delivered and appears within two years of delivery.
The two-year period specified shall be suspended for the time needed to repair or replace the goods, or in the event of negotiations between Seller and Consumer with an amiable agreement in mind.
The Seller and Consumer agree however that the Consumer is required to inform the Seller of the existence of the compliance problem, not later than two months from the day on which the consumer observes the fault.
Without prejudice to applicable legal guarantees, we advise that you send advice of reservations as soon as possible.

Action by the Consumer shall be prescribed within one year of the date on which he/she observes the compliance problem, without this period being able to expire before the end of the above-mentioned two-year period. Failure to respect this obligation shall lead to loss of the Consumer’s rights.

13.3. Methods of compensation
The Consumer has the right, in the first instance, to demand that the Seller repair or replace the goods, free of charge in both cases (necessary costs incurred in restoring the goods to proper condition, especially the cost of sending the goods and the costs associated with work and equipment), unless this is impossible or disproportionate.
A method of compensation shall be considered disproportionate if it imposes on the Seller costs that are unreasonable in comparison with the other method, taking account of:
The value that the goods would have had if the compliance problem had been absent.
The magnitude of the compliance problem.
The question of determining whether the other method of compensation can be applied without causing the Consumer significant inconvenience.
The Consumer has the right to ask the Seller to apply a suitable reduction in price or terminate the contract:
If he/she does not have the right to repair or replacement of the goods. Or:
If the Seller has not made the repair or replacement within a reasonable period.
The Consumer shall not have the right to demand termination of the contract for minor compliance problems.
The use made by the consumer will impact the possible refund to the consumer.
Similarly, account shall be taken of increases to damage caused by the Consumer’s use of the goods after his/her observation of the compliance problem or the moment when he/she should have noticed it.
Finally, in the event of a defect that does not render Youtterly liable, Youtterly shall have the choice of repairing or replacing the defective party of the product without being required to compensate the damage.

13.4. Youtterly certificate
Youtterly precious metal products shall be accompanied by an authentication certificate specifying that the model is an official Youtterly® model and bearing a date, a serial number and the metallic compositions expressed in thousandths in accordance with provisions applicable in Belgium and in particular the law of 11 August 1987 concerning the guarantee of precious metal works and the Royal Decree of 18 January 1990 implementing this law.

Article 14. Reimbursement procedure

The conditions for obtaining reimbursement are set out below.
Definitive non-availability of product as per Article 11.
Temporary non-availability of product as per Article 11.

We undertake to reimburse you, if the conditions for reimbursement are fulfilled, within 30 days, “carriage cost included”.

If an order is reimbursed, an indemnity of 3.5% shall be withheld on the total to be reimbursed to cover administrative costs, unless the order is concluded by bank transfer. Your attention is drawn to the fact that Maestro cards and other credit cards are not affected by this exception.

If a reimbursement is made, you may not in any circumstances claim damages of any kind.

Article 15. Youtterly product liability

Youtterly cannot be held liable for failure to fulfil the contract concluded, in the event of circumstances of force majeure as defined by the courts, if the client is at fault or if a third party to the contract commits an unforeseeable act that cannot be overcome.

You are reminded that back-up of data contained in products purchased is advisable. Youtterly cannot be held liable for the consequences of misuse of products sold on the Site.

Although our products have performance levels compatible with professional use, Youtterly is not committed to selling to professional people through its websites. In this case, you are asked to contact our customer service department.

Article 16. Promotional codes

Promotional codes may be offered in the press and through our various partners. Use of these codes is subject to certain conditions, in addition to supplementary conditions mentioned on the order form where applicable.

The codes are valid only for products specified on our Site. A code may be used once only per person and is not reimbursable. Promotional codes cannot be cumulative.
In order to benefit from a promotional reduction linked to the codes, you must mention the promotional codes when concluding the order, by entering them in the box reserved for that purpose when concluding the order on our site.
If you forget to do this, we cannot cancel the order or renew it to take account of this promotion.
Promotional codes are only valid for the periods shown on the promotional sheet or on our Site, and are applicable to the tax-inclusive total.

Article 17. User advices, comments, communications and other content transmitted

User advice, comments and criticisms:
Youtterly offers Users the opportunity of publishing their comments on products purchased on the Site, on its Site and/or social or mailing networks. Youtterly is merely the host for these comments; as such, it does not systematically monitor them and it cannot in any circumstances be held liable on account of these advices.

In addition, Youtterly reserves the right, when it identifies a comment that it considers to be illicit or inappropriate (unfair publicity, defamatory comment, comment out of context, erroneous or deceptive comment etc), to modify the comment in question or purely and simply refuse to publish it. In no circumstances can Youtterly be compelled to publish an advice that it considers illicit or inappropriate.

Submission of content:
Users or third parties may send us comments, suggestions, ideas, questions or other information provided the content is not illegal, obscene, abusive, threatening or defamatory, respects intellectual rights, is not damaging to a third party, or does not contain a computer virus, advocate political militancy or constitute commercial canvassing or mass mailshot. You may not use a false e-mail address or usurp the identity of a person or legal entity.

Right of reproduction:
If you send content to us, it must be sent exclusively by e-mail to store@youtterly.com. Unless advised otherwise in writing, you grant to Youtterly and to the companies related to us, for the whole of the applicable legal protection period, the non-exclusive free right to reproduce, modify, adapt, publish, translate, distribute and display this content throughout the world on the site and on all supports of all kinds generally known today.

Necessary rights:
You guarantee that you own and/or hold the necessary rights to the content that you are transmitting. You agree to compensate Youtterly in the event of an action and/or claim against us by a third party provided this action has the content sent by you to us as its cause, foundation or origin.

Links to other sites
The sites www.youtterly.com and www.youtterly.store may contain links to other websites. These other sites are not controlled by Youtterly. Youtterly cannot therefore be held liable for any inaccuracy in the content and the relevant rights, including intellectual property rights. These links do not imply any association and cannot guarantee your satisfaction.

Youtterly does not promote any goods on these third party sites and other hyperlinks, and has not taken any measures to confirm the accuracy or reliability of information therein.

Article 18. Protection of personal data

As the information that you have sent to us is essential for the processing and routing of orders, the compilation of invoices and the overall management of contractual relations, your order will be cancelled if it is missing. By registering on our Site, you undertake to send us true and reliable information concerning you. Communication of false information is contrary to the present general conditions and to the conditions of use shown on the site.

In accordance with the Belgian Law of 8 December 1992 concerning protection of privacy in the context of processing of personal data, the processing of your information will be the subject of a declaration made to the Privacy Protection Commission. Youtterly also undertakes to comply with the provisions of the European GDPR Regulation and puts in place to ensure the protection of your data and obtain your formal consent for the use thereof. We refer you to our Privacy Policy which we invite you to read and accept.

These data shall be processed on computer.
You have a permanent and free right of access to and amendment of data concerning you, in accordance with European texts and current Belgian provisions (Article 9 of Law of 8 December 1992 concerning protection of privacy in the context of processing of personal data). You may at any moment send a request to Youtterly to find out what information it holds concerning you.

If you have agreed to it when being identified on the Site, Youtterly and its contractual partners may send you information within the context of specific selective promotional operations, in the form of promotional e-mails (electronic communications) offering you new products, stock clearance items, exclusive items and good deals for you. You may ask to stop receiving electronic mails from us at any time by clicking here or on the link provided for the purpose and inserted at the foot of each e-mail sent to you by us or by one of your partners.

Youtterly will also inform you that cookies store certain items of information kept in your hard disk memory. This information will help us to generate site viewer statistics and offer you products according to the items that you have selected during your previous visits. Depending on the type of browser you use, an alert message may ask you beforehand whether you wish to accept the cookies; you may of course refuse this. You should however understand that this refusal could make certain functions on the Site unusable.
These cookies do not contain any confidential information concerning you.

Article 19. Intellectual Property

The creations of Youtterly, the webite and its content (illustrations, texts, descriptions, marks, images, videos, sounds etc) are the excludive property of Youtterly or its joint contractors or partners. All partial or total reproduction of the content, by whatever procedure and whatever support, is subject to the prior express consent of Youtterly.

All information, content, files, marks, trade names, distinctive signs, manufacturing secrets, patents, software items and other rights of similar nature are protected by intellectual property rights recognised by Belgian legislation and international conventions.

Your right to use the Site and any content or other element included therein is subject to scrupulous respect for the contract and for any applicable law or regulation. Youtterly grants you a non-exclusive licence for use, with strict limitations, for the purpose of accessing and using the Site purely for personal and non-commercial purposes. You may not download (other than for a cache system) or reproduce (other than by printing one copy only) or modify the Site or its contents, either wholly or in part.

You may not in any circumstances reproduce, imitate, copy, sell, resell, visit or otherwise use the Site, part of the Site or any other Youtterly creation for commercial purposes, without having obtained our prior written consent. Youtterly cannot in any circumstances be held liable for violation by a User of any intellectual property rights held by third parties, as committed through the User’s activities on the site or because of his/her access to the Site.

Any action aimed at creating links, hyperlinks or any other means of reference is formally prohibited.

Article 20. Address

Complaints concerning products ordered may be e-mailed to store@youtterly.com via the contact form.
Products returned in accordance with the present general conditions must be sent to the address advised to you by e-mail.

Article 21. Disputes and differences

All agreements concluded with Youtterly, as well as these general conditions, are covered exclusively by Belgian law. The French language version shall prevail.

In accordance with Article 6 of the United Nations Convention of 11 April on contracts for the international sale of goods, application of this treaty is expressly excluded.

All disputes concerning the invalidity, fulfilment or interpretation of these general conditions, the agreement between Youtterly and the User, and deliveries made, shall be exclusively within the remit of the courts and jurisdictions of Brussels Legal District.

To contact us at Youtterly®:
E-mail: store@youtterly.com
Telephone: +32 486 517 738
Skype:

We make every effort to respond no later than 48 business hours.
No postal address is provided for security reasons related to the intrinsic value of Youtterly creativons. Thank you for your understanding.