- YourSurprise.com guarantees that the items that it is to deliver will meet the usual requirements and standards as can reasonably be expected and that these have no defects of any kind.
- The guarantee as specified under 1 also applies in the event that the items to be delivered are intended for use abroad and if the contracting party explicitly informed YourSurprise.com of this intended use in writing upon entering into the agreement.
- In the event that the items to be delivered do not satisfy these guarantees, then YourSurprise.com, at its own discretion, will see to the replacement or repair of the item concerned within a reasonable term after receiving the return shipment or, if the return shipment is not reasonably possible, following the written notification on the part of the contracting party in which the defect is specified. In the event that an item is to be replaced, then the contracting party hereby obligates itself to return to YourSurprise.com the item in question and the ownership of the item.
- The guarantee as specified in this document does not apply in the event that the defect is brought about as a result of improper use or if the contracting party, or a third party, has altered or has attempted to alter the item concerned or has used the item concerned for purposes other than those for which the item is intended without the written permission of YourSurprise.com. YourSurprise.com cannot be held liable for any defects that are the result of actions on the part of third parties.
- In the event that the delivered item does not correspond with that which has been agreed upon and this non-conformity is a defect within the meaning of the regulation regarding the product liability, then YourSurprise.com cannot be held liable for any consequential damage that may result.
- That which is stated in these general terms and conditions regarding guarantees does not affect the claims under guarantees on the part of the contracting party pursuant to law, all this taking into account that which is specified in these general terms and conditions and in the agreement, including the nature and the quality of that which has been sold and delivered to the contracting party. (The reader is referred to the article-by-article explanation under 3).
- YourSurprise.com cannot in any way be held liable for the incorrect pronunciation of the song text in the SurpriseSong, such as the name of the recipient, for example.
- YourSurprise.com cannot be held liable for misprints on the packaging of its products, whether or not these were incorrectly indicated by the contracting party. The same applies to the song text of the SurpriseSong and all other products that are offered. This also applies to all the address information and all other data concerning production and delivery as specified by the contracting party.
- The delivery is to take place at the business location of YourSurprise.com, unless otherwise agreed upon.
- The contracting party is under the obligation to accept the purchased products at the time that these are at its disposal or are handed over to the party concerned.
- In the event that the contracting party refuses to accept the purchase or if the contracting party is negligent in terms of providing information or instructions that are required in order to make the delivery, then the articles that are to be delivered will be stored at the risk of the contracting party after YourSurprise.com has notified the other party accordingly. The contracting party will then owe any and all additional costs.
- In the event that YourSurprise.com requires information from the contracting party within the scope of the realization of the agreement, then the term of delivery will commence after the contracting party has placed the order.
- Any term of delivery that is specified by YourSurprise.com is indicative in nature. A term of delivery is therefore never a fatal term and YourSurprise.com cannot be held liable under any circumstances. The contracting party is to declare YourSurprise.com in default in writing in the event that the term of delivery has expired. If the product is not delivered within 30 days, the contracting party has the right to end the agreement. YourSurprise.com will refund the purchasing amount within 30 days.
- YourSurprise.com is using the regular services of the Dutch TNT Post to deliver its orders. TNT Post guarantees that 95 percent of its orders to destinations within the Netherlands are delivered on time. YourSurprise.com cannot be held liable for any orders that are late or for any damages that are the result of negligence on the part of the Dutch TNT Post services and/or any other International Mail Services. International orders will be dispatched to the Dutch TNT Post services with a Priority label, after which they will be forwarded to the country of destination.
- YourSurprise.com will proceed to manufacture and send one of its products as soon as the contracting party has placed an order on the website of YourSurprise.com. Upon receiving the order, the production and dispatching process will take at least three working days. Concerning orders to destinations within the Netherlands, YourSurprise.com aims to have its products delivered to the contracting party within 4 working days (after having received the order). Orders that are intended for destinations outside the Netherlands will require a longer delivery period. The exact term of delivery will depend upon the country to which the order is to be sent. Indications of the delivery times per country are shown on the website of YourSurprise.com.
- YourSurprise.com cannot in any way be held liable in the event that it does not proceed with the production of an article due to the fact that the collection or receipt of a payment is not, for whatever reason, successful. Because YourSurprise.com is producing especially on order for every contracting party personally, there is no cooling down period. Products can not be send back.
Right of Withdrawal upon Delivery of Products
Right of Withdrawal Exceptions
- Upon purchase of any product, the contracting party has the opportunity to dissolve the agreement without explanation during a period of 14 days. This period begins the day the product is received by the contracting party or on their behalf.
- During this period, the contracting party will handle the product and packaging with care. The contracting party will unwrap or use a product only to the extent that it is possible to evaluate whether or not they wish to keep the product. Should the contracting party decide to make use of their right of withdrawal, then they will return the product and all the associated attributes – if reasonably possible – in their original state and packaging to the merchant according to the reasonable and clear instructions provided by the merchant.
- Be advised: Products from YourSurprise.com are custom made to order and therefore may not be returned. If an order has not been correctly produced, then we will handle the issue via our helpdesk.
- Exceptions to the right of withdrawal are exclusively applicable to products:
Exceptions to the right of withdrawal are exclusively applicable to services:
- Which have been produced by the merchant to specifications agreed upon with the contracting party;
- Which are clearly of a personal nature;
- Which due to their nature cannot be returned;
- Which age or spoil quickly;
- To which the price is linked to shifts in the financial market over which the merchant has no control;
- Including single newspapers and magazines;
- Including audio and video recordings and computer software whose seal has been broken by the contracting party.
- Regarding lodging, transportation, restaurants, or leisure activities which shall be carried out on a certain date or during a certain period;
- Where service is provided prior to the passage of the period of reflection, with the express consent of the contracting party;
- Regarding bets and lotteries.
- The merchant has a sufficiently accessible procedure for complaints in place and handles complaints according to this procedure.
- Complaints concerning the execution of an agreement must be submitted to the merchant accompanied by a complete and clear description within a reasonable time period after the contracting party has identified defects.
- The merchant will respond to submitted complaints within a period of 14 days after the complaint has been received. Should a complaint entail a foreseeable response time longer than 14 days, then within 14 days the merchant will confirm receipt of the complaint and provide the contracting party with an indication of the expected response time.
- If the complaint cannot be resolved through mutual discussion, the resulting dispute will then be handled according to the dispute procedure.
If you have any questions about the guarantee or delivery conditions at YourSurprise.com, or if you have any other questions, please click on contact page
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