General conditions

Definitions

1. Y-UV B.V.: YOU&UV B.V., established in Haaksbergen under KVK no. 61730076.
2. Customer: the person with whom Y-UV B.V. has entered into an agreement.
3. Parties: Y-UV B.V. and client together.
4. Consumer: a client who is also an individual acting as a private person.

Article 1 – Applicability of general terms and conditions.

1. These conditions apply to all quotations, offers, work,
orders, agreements and deliveries of services or products by or on behalf of Y-UV
B.V.
2. The parties may only deviate from these conditions if they have expressly agreed to this in writing.
have agreed to do so.
3. Parties explicitly exclude the applicability of additional and/or deviating general
3. The parties explicitly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or third parties.

Article 2 – Prices

1. All prices charged by Y-UV B.V. are in euros, inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, dispatch or transport costs,
unless explicitly stated otherwise or agreed otherwise.
2. All prices used by Y-UV B.V. for its products, on its website or otherwise made
Y-UV B.V. may change at any time.
3. Any increases in the cost prices of products or parts thereof that Y-UV B.V. could not have
could not have foreseen at the time the offers were made or the agreement concluded
may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price
paragraph 3, unless the increase is the result of a statutory regulation.
regulation.

Article 3 – Samples and Models

If the customer has received a sample or model of a product, he cannot
no other rights than that it is an indication of the nature of the product,
unless the parties have expressly agreed that the products to be delivered correspond to the
sample or model.

Article 4 – Payments and term of payment

1. Y-UV B.V. may require a down payment of up to 50% of the
agreed amount.
2. The client must make payments in arrears within 1 month of delivery.
3. Payment terms are considered to be strict payment terms. This means that if
the customer has not paid the agreed amount at the latest on the last day of the payment term
he will be in default and in default by operation of law, without Y-UV B.V. having to send the client a
Y-UV B.V. does not have to send the client a reminder or give notice of default.
4. Y-UV B.V. reserves the right to make a delivery subject to immediate payment or the provision of security.
immediate payment or require security for the total amount of the services or products.
services or products.

Article 5 – Payments and payment terms

Products are paid for directly in the store.

Article 6 – Consequences of late payment

1. If the client fails to pay within the agreed term, Y-UV B.V. is entitled to charge the
legal interest of 2% per month for non=commercial transactions and the legal interest of
of 8% per month for commercial transactions will be charged from the day the client is in default.
the client is in default, part of a month being counted as a whole month.
counted.
2. If the client is in default, he will also owe extrajudicial collection costs and
any damages to Y-UV B.V.
3. Collection costs will be calculated in accordance with the Besluit vergoeding voor
extrajudicial collection costs.
4. If the client fails to pay on time, Y-UV B.V. may suspend its obligations until the client has
client has fulfilled his payment obligations. In the event of liquidation, bankruptcy, attachment
or suspension of payment on the part of the client, the claims of Y-UV B.V. against the client will become immediately due and payable.
client shall become immediately due and payable.
5. If the client refuses to cooperate in the performance of the agreement by Y-UV B.V.,
he will still be obliged to pay Y-UV B.V. the agreed price.

Article 7 – Right of complaint

1. As soon as the client is in default, Y-UV B.V. will be entitled to invoke the right of complaint with regard to
with respect to unpaid products delivered to the client.
2. Y-UV B.V. will invoke the right of complaint by means of written or electronic
communication.
3. As soon as the client has been informed of the invoked right of complaint, the client must
immediately return the products to which this right relates to Y-UV B.V.
unless the parties agree otherwise.
4. The costs of collecting or returning the products will be payable by the client.
client.

Article 8 – Right of withdrawal

1.  A consumer may cancel an online purchase during a cooling-off period of 14 days without
reason provided that:
1a. The product has not been opened.
1b. It is not a product that can spoil quickly, such as food or flowers.
1c. It is not a product that has been customized or adapted especially for the consumer.
customized.
1d. It is not a product that cannot be returned for hygienic reasons
(underwear, swimwear, etc.).
1e. The seal is not intact, if it concerns data carriers with digital content
(DVDs, CDs, etc.)
1f. The product or service is not an accommodation, travel, restaurant business, transportation, catering assignment
or form of leisure activity
1g. The product is not a loose magazine or newspaper.
1h. The consumer has not waived his right of withdrawal.
2. The withdrawal period of 14 days as mentioned in paragraph 1 starts:
2a. On the day after the consumer has received the last product or part
of 1 order.
2b. As soon as the consumer has confirmed that he will purchase digital content via the Internet.
purchase.
3. The consumer can invoke the right of withdrawal via tom.abbink@uv-
stop.com, if desired using the revocation form available via the website of Y-
UV B.V., www.uv-stop.com.
4. The consumer is obliged to return the product within 14 days after having expressed his
right of withdrawal to Y-UV B.V., failing which his right of withdrawal lapses.
right of withdrawal will lapse.

Article 9 – Compensation of delivery costs

1. If the consumer has exercised his right of withdrawal in good time and, as a result
As a result, Y-UV B.V. will return the entire order to Y-UV B.V. in good time.
any shipping costs paid by the consumer within 14 days of receipt of the
timely and fully returned order to the consumer.
2. The costs of delivery will only be payable by Y-UV B.V. to the extent that the entire
order is returned.

Article 10 – Reimbursement of return costs

If the consumer invokes the right of withdrawal and returns the entire order in
returns the entire order in good time, the costs of returning the entire order will be
for the account of the consumer.

Article 11 – Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation resulting from
this agreement.

Article 12 – Right of retention

1. Y-UV B.V. may invoke its right of retention and in that case retain products of the client
possession, until the client has paid all outstanding invoices to Y-UV B.V.
B.V., unless the client has provided sufficient security for those costs.
2. The right of retention also applies on the grounds of previous agreements from which the client still owes
payments owed to Y-UV B.V.
3. Y-UV B.V. will never be liable for any damages that the client may suffer as
as a result of exercising his right of retention.

Article 13 – Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Y-
UV- B.V. with any claim against Y-UV B.V.

Article 14 – Retention of title

1. Y-UV B.V. remains the owner of all delivered products until the client has fully satisfied
all his payment obligations to Y-UV B.V. pursuant to any agreement concluded with Y-UV B.V.
B.V., including any claims for
failure to perform.
2. Until such time Y-UV B.V. may invoke its retention of title and repossess the goods.
repossession.
3. Before ownership has passed to the client, the client may not pledge the goods,
sell, alienate or otherwise encumber the products.
4. If Y-UV B.V. invokes its retention of title, the agreement will be deemed to have been
dissolved and Y-UV B.V. will be entitled to claim damages, lost profits and interest.
claim.

Article 15 – Delivery

1. Delivery will take place while stocks last.
2. Delivery will take place at Y-UV B.V., unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address specified by the client.
4. If the agreed amounts are not paid or not paid on time, Y-UV B.V. will be entitled to suspend its obligations.
right to suspend its obligations until the agreed part has been paid.
fulfilled.
5. Late payment will constitute creditor default, resulting in a
late delivery cannot be held against Y-UV B.V..

Article 16 – Actual delivery

The client must ensure that the actual delivery of the products ordered by him can take place on time.
products ordered by him can take place in good time.

Article 17 – Delivery time

1. The delivery times stated by Y-UV B.V. are indicative and if exceeded will not entitle the client to dissolution or compensation.
right to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
agreed otherwise in writing.
2. The delivery period will commence from the moment the client has fully completed the (electronic) ordering process
completed the (electronic) order process and has received confirmation thereof from Y-UV B.V.
3. Exceeding the stated delivery time gives the client neither the right to compensation nor the right to cancel the agreement.
Nor shall it entitle the client to dissolve the agreement, unless Y-UV B.V. fails to comply within 14 days of a written reminder to do so.
14 days after a written reminder or the parties have agreed otherwise.
agreed otherwise.

Article 18 – Transport costs

Transport costs will be payable by the client, unless the parties have agreed otherwise.
agreed otherwise.

Article 19 – Packaging and shipment

1. If the packaging of a delivered product has been opened or damaged, the customer must
before receiving the product. Have the forwarding agent or delivery person make a note of this.
If this is not done, Y-UV B.V. cannot be held liable for any damage.
be held liable for any damages.
2. If the client is responsible for the transport of a product, he must inspect any visible damage to the products or the packaging beforehand.
damage to products or the packaging prior to transport to
Y-UV B.V., failing which Y-UV B.V. cannot be held liable for any damage.
possible damage.

Article 20 – Storage

1. If the client takes delivery of ordered products later than the agreed
delivery date, the risk of any loss of quality will be entirely at the client’s expense.
2. Any additional costs resulting from premature or late delivery of products shall be borne entirely by the customer.

Article 21 – Warranty

1. The warranty with respect to products applies only to defects
caused by faulty manufacturing, construction or material.
2. The warranty does not apply in the case of normal wear and tear and damage caused by
accidents, modifications made to the product, negligence or incompetent use
by the customer, as well as when the cause of the defect cannot be clearly
determined.
3. The risk of loss, damage or theft of the products that are the subject of
an agreement between the parties shall pass to the customer at the time of their
are legally and/or actually delivered, or at least come under the control of the customer or of a
third party who takes delivery of the product on behalf of the customer.

Article 22 – Exchanges

1. The exchange of purchased items is only possible if the following conditions are
met:
1a. Exchange takes place within 14 days after purchase upon presentation of the original
invoice.
1b. The product must be returned in its original packaging or with the original (price) tag still attached.
attached original (price) tag.
1c. The product has not yet been used.
2. Discounted items, non-perishable items such as food customized
articles or articles specially adapted for the customer cannot be exchanged.

Article 23- Indemnification

The client indemnifies Y-UV B.V. against all claims by third parties in connection with the
products and/or services supplied by Y-UV B.V.

Article 24 – Complaints

1. The client must examine a product supplied or service rendered by Y-UV B.V. for any shortcomings as soon as possible.
examine it for any shortcomings as soon as possible.
2. If a product delivered or service rendered does not comply with what the client could
If a product supplied or service rendered by Y-UV B.V. does not fulfil what the client might reasonably expect to obtain from the agreement, the client must inform Y-UV B.V. of this as
As soon as possible, and in any event within 1 month of discovering the defects.
inform Y-UV B.V. of the shortcomings.
3. Consumers must inform Y-UV B.V. of any shortcomings within 1 month of ascertaining them.
Consumers must inform Y-UV B.V. of the shortcomings at the latest within 1 month of detecting them.
4. The client will give as detailed a description as possible of the shortcoming,
so that Y-UV B.V. is able to respond adequately.
5. The client must prove that the complaint relates to an agreement between the parties.
parties.
6. If a complaint relates to work in progress, this can in no case cause Y-UV B.V. to be held liable.
lead to Y-UV B.V. being obliged to perform work other than that agreed.
have been agreed.

Article 25 – Notice of default

1. The client must give notice of default to Y-UV B.V. in writing.
2. It is the client’s responsibility to ensure that a notice of default actually reaches Y-UV B.V. on time.
It is the client’s responsibility to ensure that notice of default reaches Y-UV B.V. in good time.

Article 26 – Joint and several liability of the client

If Y-UV B.V. enters into an agreement with several clients, each of them will be jointly and severally liable for the full amounts they claim.
liable for the full amounts they owe to Y-UV B.V. under that agreement.
payable under that agreement.

Article 27 – Liability of Y-UV B.V.

1. Y-UV B.V. will only be liable for any damage suffered by the client if and insofar as
that loss was caused by intent or deliberate recklessness.
2. If Y-UV B.V. is liable for any damage, it will only be liable for direct
damage arising from or in connection with the performance of an agreement.
3. Y-UV B.V. shall never be liable for indirect loss or damage, such as consequential loss or damage, loss of profit,
lost savings or damage to third parties.
4. If Y-UV B.V. is liable, this liability will be limited to the amount paid out by
professional liability insurance taken out and in the absence of
(full) payment by an insurance company of the amount of the damage, the
liability is limited to the (part of the) invoice amount to which the liability relates.
liability relates to.
5. All images, photographs, colors, drawings, descriptions on the website or a catalog
are only indicative and approximate and may not give rise to any damages and/or
damages and/or (partial) rescission of the agreement and/or suspension
of any obligation.

Article 28 – Time limit

Every right of the client to compensation from Y-UV B.V. lapses in any case 12 months
after the event from which the liability arises directly or indirectly. This does
not exclude the provisions of article 6:89 of the civil code.

Article 29 – Right of dissolution

1. The client has the right to dissolve the agreement if Y-UV B.V. imputably
fails in the fulfilment of his obligations, unless the failure, in view of its
nature or minor importance does not justify dissolution.
2. If the fulfilment of the obligation by Y-UV B.V. is not permanently or temporarily impossible, termination
dissolution can only take place after Y-UV B.V. is in default.
3. Y-UV B.V. has the right to dissolve the contract with the customers. If the client fails to fulfil his
obligations under the agreement are not fulfilled in full or on time, or if Y-UV
B.V. has knowledge of circumstances that give him good reason to fear
that the client will not be able to properly fulfil its obligations.

Article 30 – force majeure

1. In addition to the provisions of article 6:75 of the Netherlands Civil Code, a shortcoming on the part of
of Y-UV B.V. in the fulfilment of an obligation with respect to the client cannot be imputed to Y-UV B.V..
B.V. could be attributed in a situation independent of the will of Y-UV B.V,
as a result of which the fulfilment of its obligations to the client is wholly or partially
is prevented or as a result of which the fulfilment of its obligations cannot reasonably be required of Y-
UV B.V. can reasonably not be required.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to:
state of emergency (such as civil war, riots, natural disasters, etc.) defaults and
force majeure of suppliers, deliverers or other third parties: unexpected power-,
electricity- internet-, computer- and telecom failures: computer viruses, strikes,
government measures, unforeseen transport problems, bad weather conditions and
work interruptions.
3. If a force majeure situation arises as a result of which Y-UV B.V. cannot
to the client, those obligations will be suspended until Y-UV B.V. can fulfil them again.
can fulfil them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days,
either party may dissolve the contract in writing in whole or in part.
5. Y-UV B.V. will not owe any compensation or damages in a force majeure situation, not even
if it enjoys any advantage as a result of the force majeure situation.

Article 31 – Amendments to the agreement

1. If after the conclusion of the agreement for its execution it appears necessary to change or supplement the
modify or supplement its content, the parties shall amend the agreement in good time and in mutual consultation.
agreement accordingly.
2. The preceding paragraph does not apply to products purchased from a physical store.

Article 32 – Amendments to general terms and conditions

1. Y-UV B.V. is entitled to amend or supplement these general terms and conditions.
2. Amendments of minor importance may be made at any time.
3. As far as possible, Y-UV B.V. will discuss major substantive amendments with the client in advance.
4. Consumers are entitled to cancel the contract in the event of a substantial change to the general terms and conditions.
agreement.

Article 33 – Transfer of rights

1. The client’s rights arising from an agreement between the parties cannot be transferred to third parties
without the prior written consent of Y-UV B.V.
2. This provision shall be considered a clause with effect under property law as referred to in article
3:83, second paragraph, Civil Code.

Article 34 – consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or
null and void, this shall not affect the other provisions of these terms and conditions.
2. A provision that is null and void or voidable shall in this case be replaced by a provision which
closest to what Y-UV B.V. had in mind when the conditions were drawn up.
in drawing up the terms and conditions.

Article 35 – Applicable law and competent rights

1. Any agreement between the parties shall be governed exclusively by Dutch law.
2. The Dutch court in the district where Y-UV B.V. has its registered office/practice/office shall have exclusive jurisdiction to hear any disputes between the parties.
office is exclusively authorised to take cognisance of any disputes between
parties, unless otherwise prescribed by mandatory law.

Drawn up on 3rd of April 2023