Terms & Conditions

Please read the below terms & conditions carefully before using www.yourrulesprosthetics.com.
Your use of the site confirms your unconditional acceptance of the following terms & conditions.
If you do not accept these terms and conditions, DO NOT USE THIS SITE.

By using this Site you agree that you have read, understand and accept the following terms & conditions and Privacy Policy”.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent,
and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. 

In no event shall theYourRules Prosthetics be liable for any claim for incidental or consequential damages arising out of or in connection with
(a) the manufacture, sale, delivery or use of any product described on the site;
(b) the accessing, use, browsing and/or downloading of the site or any materials from the site.
TYourRules Prosthetics’s liability for any claim shall never exceed the purchase price paid for the product which gives rise to the claim.

TERMS & CONDITIONS

definitions

I. YourRules Prosthetics: YourRules, established in Utrecht, Chamber of Commerce no: 64427862.
2. Customer: the party which YourRules Prosthetics has entered into an agreement with.
3. Parties: YourRules Prosthetics and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of YourRules Prosthetics.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

prices

1. All prices used by YourRules Prosthetics are in Euros, and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. All prizes are subject to Dutch VAT (BTW) regulations. VAT(21%) is included in all sales to EU customers. Non-EU customers are exempt from Dutch VAT, but are responsible for requested duties, fees or taxes levied on goods at customs.
3. YourRules Prosthetics is entitled to adjust all  prices for  its products or services, shown in its shop, on its  website or otherwise, at any time.
4. Increases in the cost prices of products or parts thereof, which YourRules Prosthetics could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
5. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

samples / models / depictions

1. If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
2. The images on the website are an indication of the product. Please note that all our products are unique items. They are handmade and hand painted. The color, shading and other production details will slightly differ on each product from the pictures on our website.

payments and payment term

1. YourRules Prosthetics may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount before the delivery of the product.
3. Payment terms are considered as fatal 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 is legally in default, without YourRules  Prosthetics having to send the customer a reminder or to put him in default.
4. YourRules Prosthetics reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

consequences of late payment

1. If the customer does not pay within the agreed term, YourRules Prosthetics is entitled to charge an interest of 2% per month for non­ commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to YourRules Prosthetics.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, YourRules Prosthetics may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of YourRules Prosthetics on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by YourRules Prosthetics, he is still obliged to pay the agreed price to YourRules Prosthetics.

right of recovery of goods

1. As soon as the customer is in default, YourRules Prosthetics is entitled to invoke the right of recovery
with regard to the unpaid products delivered to the customer.
2. YourRules Prosthetics invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to YourRules Prosthetics, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

right of withdrawal / return policy

1. A customer may cancel an online purchase after ordering – but only before the production process has started. When a customer places an order, YourRules Prosthetics will process it and start the preparations for the production of the product. Once the payment is received, YourRules Prosthetics will process the order and send a confirmation email with the invoice to the customer. From this moment the production process starts immediately. Any orders cancelled before the production process has started are subject to 15% cancellation fee plus any costs applied by the payment method (Paypal fees etc). The cancellation of a product is not allowed after the production process is initiated. 
* Because of the intimate nature of our products and because they are produced on individual order and custom made, we do not accept returns or exchanges of items. All purchases are final, unless exceptional circumstances apply.
2. A customer may exchange an item when:
a. The product does not correspond with the ordered model, color, size.
– Note: the customer is responsible to state the right size in their order. When the customer orders the wrong product by mistake the customer is not eligible for a return.
– Note: all products are handmade and hand painted. The color, shading and other production details will slightly differ on each product from the pictures on our website. These conditions are excluded from acceptable returns. 

b. The product has a production error
* Note: excluded are small air bubbles, color differences & minor errors which do not interfere with the functionality of the product.
* Note: if the item is opened you cannot return it. inspect the item properly through its transparent packaging – before opening it.

3. In case (2. a.) or (2. b.) contact YourRules Prosthetics immediately at yourrules.prosthetics@gmail.com  – no later than 3 days after receiving the product. 
4. The customer is responsible to check the product at arrival – through the transparent packaging. Do not break the sealed plastic package of the product. Returns are not accepted once the package is opened!
5. To be eligible for a return, your item must be unused and in the same condition as you received it. Your item must be unopened in the original packaging, with all labels and packing intact.
6. Your return needs to include the original invoice you received from us after your purchase and a completed “return form” we will send to you once we mark your return inquiry valid for further inspection. We will ask you for pictures illustrating your complaint and as proof for intact packaging before you hand it over to a courier for return. The costs for return are due to the consumer. 
7. After the complaint is approved, the consumer is obliged to return the product to YourRules Prosthetics within 14 days. after this period his right of complaint & withdrawal will lapse. The return needs to include: a. the original purchase invoice. b. the completed and signed complaint form. c. the receipt for the delivery costs. (International shipping is not covered).
8. OnceYourRules Prosthetics receives the product, it will be inspected.YourRules Prosthetics will notify the customer on the status of the complaint after inspecting the item. If the complaint is granted YourRules Prosthetics will send the customer a new product.
9. If the complaint is granted and the customer would like to cancel his order and issue a refund – it is subject to a 15% cancellation fee plus any costs applied by the payment method (Paypal fees etc).
10. The process of inspection, reply, exchange and refund will take place within 21 days after YourRules received the returned item.
* for more info on the procedure – how to issue a return see our Cancellation & Return Policy

reimbursement of delivery costs

1. If the shipping and return costs are eligible for reimbursement YourRules Prosthetics will refund these costs to the consumer within 14 days of the decision provided thatthe consumer has returned the product to YourRules Prosthetics as agreed in our policy.
2. The delivery costs for returns are only reimbursed by YourRules Prosthetics, if your complaint is granted and if the complete order is returned, undamaged, unopened and unused and accompanied with the invoice of purchase and a valid receipt for the delivery costs. 

reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

suspension of obligations by the customer

The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.

right of retention

I. YourRules Prosthetics can appeal to his right of retention of title and in that case retain the products sold by YourRules Prosthetics to the customer until the customer has paid all outstanding invoices with regard to YourRules Prosthetics, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to YourRules Prosthetics.
3. YourRules Prosthetics is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

settlement

The customer waives his right to settle any debt to YourRules Prosthetics with any claim on YourRules Prosthetics.

retention of title

I. YourRules Prosthetics remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to YourRules Prosthetics under whatever agreement with YourRules Prosthetics including of claims regarding the shortcomings in the performance.
2. Until then, YourRules Prosthetics can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If YourRules Prosthetics invokes its retention of title, the agreement will be dissolved and YourRules Prosthetics has the right to claim compensation, lost profits and interest.

delivery

1. Delivery for returns takes place at YourRules Prosthetics unless the parties have agreed upon otherwise.
2. Delivery of products ordered online takes place at the address indicated by the customer.
3. If the agreed price is not paid on time, YourRules Prosthetics has the right to suspend its obligations for delivery until the agreed price is fully paid.
4. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by YourRules Prosthetics.
5. YourRules Prosthetics works with a variety of external delivery parties. The delivery party is indicated during checkout. YourRules Prosthetics may decide to deviate from the delivery service: a. if the delivery method is not specified. b. when the customer is notified. c. with an increase of delays or lost packages with the delivery service.

delivery period

1.YourRules Prosthetics aims to dispatch the customer’s order within 4 weeks. When the delivery of a product is estimated to be longer than 4 weeks we will indicate a time estimate on the product page.
2. Delays of delivery due to transport services may occur and are to be directed to the delivery company.
3. Any delivery period specified by YourRules Prosthetics is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
4. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation from YourRules Prosthetics that the order is ready for shipment.
5. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless YourRules Prosthetics cannot deliver within 150 days or if the parties have agreed upon otherwise.

actual delivery

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

transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

packaging and shipping

1. All products are packed discreetly and handled with care in order to secure the customers’ privacy. 
2. EU delivery: products are packed in a non-revealing box. Packaging does not reveal its content on the label or YourRules Prosthetics’s name or logo on the outside of the box.
3. International delivery: products are packed in a non-revealing box. packaging does not reveal YourRules Prosthetics’s name or logo on the outside of the box. For customs HS/GN-Codes [9021 39 90/3910 00 00] are used and displayed on the box with the description: Silicone Product, Manual Production.
4. If the package of a delivered product is opened or damaged, do not accept the package by the delivery service. Instruct the carrier to return to its sender and contact YourRules Prosthetics immediately. YourRules Prosthetics is not liable for damaged shipments that are accepted from the carrier. 
5. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to YourRules Prosthetics, failing which YourRules Prosthetics cannot be held liable for any damage.
6. YourRules Prosthetics is not liable when a package gets lost during transit or shipment. As soon as the order leaves the studio of YourRules Prosthetics all complaints should be handled with the delivery service. 

insurance Storage

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material and only apply to unopened products. Once the product is out its package it cannot be returned.
* Note: excluded are: small air bubbles. errors which do not interfere with the functionality of the product.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

indemnity

The customer indemnifies YourRules Prosthetics against all third-party claims that are related to the products and/or
services supplied by YourRules Prosthetics. 

complaints

1. The customer must examine a product or service provided by YourRules Prosthetics as soon as possible for possible shortcomings, and no longer than 3 days after the arrival of the package. Do not break the sealed transparent plastic package of the product. Returns are not accepted once the package is opened!
2. The customer gives a detailed description as possible of the shortcomings, and sends clear images so that YourRules Prosthetics is able to respond adequately.
3. The customer provides the original invoice of purchase and a proof of intact packaging
4. The customer must demonstrate that the complaint relates to an agreement between the parties.
5. If a complaint relates to ongoing work, this can in any case not lead to YourRules Prosthetics being forced to perform other work than has been agreed.
* For more information on the handling of returns for complaints, read our Cancellation & Return Policy.

giving notice

1. The customer must provide any notice of default to YourRules Prosthetics in writing.
2. It is the responsibility of the customer that a notice of default actually reaches YourRules Prosthetics immediately, and no longer than 3 days after the arrival of the package.

joint and several client liabilities

If YourRules Prosthetics enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to YourRules Prosthetics under that agreement.

liability of YourRules Prosthetics

1. In no event shall theYourRules Prosthetics be liable for any claim for incidental or consequential damages arising out of or in connection with (a) the manufacture, sale, delivery or use of any product described on the site; or ((b) the accessing, use, browsing and/or downloading of the site or any materials from the site.
2. TheYourRules Prosthetics’s liability for any claim shall never exceed the purchase price paid for the product which gives rise to the claim.
3. YourRules Prosthetics is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

expiry period

Every right of the customer to compensation from YourRules Prosthetics shall, in any case, expire within 6 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

dissolution

1. The customer has the right to dissolve the agreement if YourRules Prosthetics immutably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfilment of the obligations by YourRules Prosthetics is not permanent or temporarily impossible, dissolution can only take place after YourRules Prosthetics is in default.
3. YourRules Prosthetics has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give YourRules Prosthetics good grounds to fear that the customer will not be able to fulfil his obligations properly.

force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of YourRules Prosthetics in the fulfillment of any obligation to the customer cannot be attributed to YourRules Prosthetics in any situation independent of the will of YourRules Prosthetics, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from YourRules Prosthetics.
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery men or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which YourRules Prosthetics cannot fulfill one or more obligations towards the customer, these obligations will be suspended until YourRules Prosthetics can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. YourRules Prosthetics does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

changes in the general terms and conditions

1. YourRules Prosthetics is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by YourRules Prosthetics with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with YourRules Prosthetics to third parties without the prior written consent of YourRules Prosthetics.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what YourRules Prosthetics had in mind when drafting the conditions on that issue.

applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where YourRules Prosthetics is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on: 13 October 2021
Signed, YourRules

nl_NL