Terms of service

General Terms and Conditions of Sale

 ARTICLE 1 – Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by YUMEQUITA BV ("the Seller") to consumers and non-professional buyers ("the Customers or the Client"), wishing to acquire the Products offered for sale by the Seller ("The Products") on the yumequita.com website ("YUMEQUITA").

They specify the conditions of ordering, payment, delivery, and management of any returns of Products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by specific terms and conditions, set out on the website, before any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the YUMEQUITA website and will take precedence, if necessary, over any other version or any other contradictory document.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

Modifications to these General Terms and Conditions of Sale are enforceable against users of the YUMEQUITA website as soon as they are posted online and cannot be applied to transactions concluded previously.

 

ARTICLE 2 – Products offered for sale

 The Products offered for sale on the YUMEQUITA website are Colombian handicraft Products (mochilas bags, hammocks, etc.).

The Products offered for sale online are those presented on the Site. The Products are described with the help of descriptive sheets and photos by YUMEQUITA on the website with the greatest possible accuracy. However, YUMEQUITA informs the Client that, despite all the attention it has shown, the photographs cannot ensure a perfect similarity with the Product offered for sale, particularly with respect to the colours. The differences may result from the colour quality of the photographs, the difficulty of showing the rendering of the materials on the screen or, without being exhaustive, the technical adaptation. Under no circumstances can these differences be interpreted as a lack of conformity, lead to the cancellation of the sale, and engage the liability of YUMEQUITA.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the YUMEQUITA website.

The Client is required to read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the YUMEQUITA website are not contractual and cannot engage the responsibility of the Seller.

The Client is required to refer to the description of each Product to know its properties, essential features, and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in English and is confirmed at the latest at the time of validation of the order by the Client.

The Products presented on the YUMEQUITA website are offered for sale in Belgium.

In case of order to a country other than Belgium, the Customer is the importer of the Product or Products concerned.

For all Products shipped outside the European Union, the price will be calculated automatically on the invoice.

Customs duties, other local taxes, import duties, or state taxes may be payable. They will be the responsibility of the client.

 

ARTICLE 3 – Period of validity of the offers of Products

The offers of products are understood to be within the limits of available stocks, as specified at the time of placing the order.

ARTICLE 4 – Orders

Placing the order

The purchase of Products marketed by YUMEQUITA doesn’t fall within the scope of contracts that;

• Involve illegal activities or violate public policy. 
• Include unfair or unconscionable terms that exploit or oppress one of the parties. 
• Infringe on the rights or interests of third parties who are not part of the agreement. 
• Don’t comply with any statutory or regulatory requirements that apply to the specific type of contract.

 Consequently, the Client declares that he/she has the capacity to enter a contract under the conditions described below, i.e., to be an emancipated minor or to be of legal age and not to be protected.

It is the Customer's responsibility to select the Products they wish to order on the YUMEQUITA website, according to the following method:

• Step 1: Selection and validation of the Products, the Customer can at this stage modify his order and correct it.
• Step 2: Referencing the mandatory fields of the identification and information forms.
• Step 3: Consult the General Terms and Conditions of Sale.
• Step 4: Accept all the General Terms and Conditions of Sale.
• Step 5: Confirm the order by clicking on the "order with obligation to pay" tab.

 

The Client can check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the responsibility of the Client to verify the accuracy of the order and to report or rectify any errors immediately.

The registration of an order on the YUMEQUITA website is conducted when the Client accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the order. This validation implies the acceptance of all these General Terms and Conditions of Sale as well as the General Terms and Conditions of Use of the YUMEQUITA website.

The sale is final only after the Client has received confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after the Seller has received the full price.

Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and in accordance with the terms and conditions described above, on the YUMEQUITA website constitutes the formation of a contract concluded at a distance between the Client and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the YUMEQUITA website.

The Seller does not intend to sell Products on the YUMEQUITA website to professionals, but only to consumers or non-professionals, for their personal needs.

The Seller therefore reserves the right to refuse orders for the same Product in massive quantities.

 

Modifying the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

 

Cancelling the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.

 

ARTICLE 5 – Tariffs

 The Products are supplied at the current prices set out on the YUMEQUITA website when the Seller registers the order. Prices are expressed in Euros, excluding VAT, and including VAT.

The prices consider any discounts that may be granted by the seller on the YUMEQUITA website.

These prices are firm and non-revised during their period of validity, as indicated on the YUMEQUITA website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They include the cost of processing, shipping, transportation, and delivery.

The payment requested from the Customer is the total amount of the purchase, including these fees.

An invoice is drawn up by the Seller and given to the Client upon delivery of the Products ordered.

 

ARTICLE 6 – Terms of payment

The means of payment on the site are credit cards and exclusively the following cards: VISA, MASTERCARD or Paypal.

Payment security

For maximum security, YUMEQUITA works in collaboration with the Stripe system, which secures all the payment phases to be conducted between the buyer and the bank. The steps are fully encrypted and protected. The protocol used is SSL coupled with electronic banking systems. This means that the information related to the order and the credit card number do not circulate in plain text on the Internet. Stripe does not store card numbers after transmitting the payment transaction to YUMEQUITA's bank. 

Invoice

Each invoice is available on the website in the customer account via "my orders".

ARTICLE 7 – Deliveries

 The Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering on the YUMEQUITA website.

Delivery is constituted by the transfer to the Client of physical possession or control of the Product.

Except in exceptional cases or the unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within the deadlines specified above. However, these deadlines are provided for information purposes only. If the Products ordered have not been delivered within 20 days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be cancelled at the written request of the Client.

The sums paid by the Client will then be reimbursed to the Client no later than 14 days following the date of termination of the contract, excluding any compensation, or withholding.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Client, as indicated in Article 11 – "Seller's Liability – Warranty".

Deliveries are made by BPost, to the address mentioned by the Customer when placing the order and to which the carrier can easily access.

When the Client has himself taken care of using a carrier that he chooses himself, the delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier as soon as he has handed over the Products sold to the carrier who has accepted them without reservation. The Client therefore acknowledges that it is the responsibility of the carrier to make the delivery and has no recourse in warranty against the Seller in the event of non-delivery of the transported goods.

In the event of a specific request from the Client concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoice, based on a quote previously accepted in writing by the Client.

The Client is responsible for checking the condition of the delivered Products. They have a period of 14 days from the date of delivery to make their request by e-mail to the info@yumequita.com address and notify any reservations or complaints for non-conformity or apparent defect of the Products delivered (e.g. damaged package, package already opened, etc.), with all the relevant supporting documents (photos in particular). After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free of any apparent defect and no claim can be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity, or apparent or hidden defects have been duly proven by the Client and those provided for in these General Terms and Conditions of Sale (see warranties, among others).

ARTICLE 8 – Transfer of ownership – Transfer of risk

 The transfer of ownership of the Seller's Products will be conducted as soon as the order is accepted by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.

Regardless of the date of the transfer of ownership of the Products, the transfer of the risk of loss and damage relating thereto will only be conducted at the time when the Client takes physical possession of the Products. The Products therefore travel at the Seller's own risk.

ARTICLE 9- Seller's Liability – Warranty

The Products sold on the YUMEQUITA website comply with the regulations in force in Belgium and have performance compatible with non-professional uses.

The Products supplied by the Seller are automatically entitled and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions,

• The legal guarantee of conformity, for Products that are defective, damaged, or do not correspond to the order,
• The legal warranty against hidden defects resulting from a defect in material, design or workmanship affecting the delivered Products and rendering them unfit for use.

In order to assert its rights, the Client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or the discovery of hidden defects within the above-mentioned deadlines and return to the YUMEQUITA Head-Quarters the defective Products in the condition in which they were received with all the elements (accessories, packaging, leaflets, etc.).

The Seller will refund, replace, or repair any Products or parts under warranty that are found to be non-conforming or defective.

Shipping costs will be reimbursed based on the invoiced rate and return shipping costs will be reimbursed upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's discovery of the lack of conformity or hidden defect.

The refund will be made by crediting the Client's bank account.

The Seller cannot be held liable in the following cases:

• Non-compliance with the legislation of the country to which the Products are delivered, which it is the Client's responsibility to verify,
• In the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident, or force majeure.

The Seller's warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.