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Terms of service

Terms and Conditions – Your Basic Needs

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

  • Day: a calendar day.

  • Extended transaction: a distance contract relating to a series of products and/or services, the obligation of which extends over a period of time.

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in such a way that allows future consultation and unchanged reproduction of the stored information.

  • Right of withdrawal: the possibility for the consumer to dissolve the distance contract within the cooling-off period.

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

  • Technology for distance communication: means that can be used to conclude a contract, without the consumer and the entrepreneur being together in the same place at the same time.

  • General Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Your Basic Needs
Email: info@yourbasicneeds.com
Phone number: +31 (0)610346816
Address: Plantage Westermanlaan 16, 1018 DK Amsterdam, Netherlands
Chamber of Commerce number: 85972042

Article 3 – Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before concluding the distance contract, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer may always rely on the provision most favorable to them.

  5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these terms and conditions will remain in force, and the provision concerned will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.

  6. Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these terms and conditions.

  7. Uncertainties regarding the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted "in the spirit" of these terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.

  2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.

  4. All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the contract. Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

  5. Each offer contains information such that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

    • The price, excluding customs clearance costs and import VAT. These additional costs are borne by the customer. The postal and/or courier service applies the special scheme for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU destination country. The postal and/or courier service collects the VAT (possibly including clearance costs) from the recipient of the goods.

    • Any shipping costs.

    • The manner in which the contract will be concluded and what actions are required for this.

    • Whether or not the right of withdrawal applies.

    • The method of payment, delivery, and execution of the contract.

    • The term for accepting the offer, or the period within which the entrepreneur guarantees the price.

    • The level of the rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the means of communication used.

    • Whether the contract is archived after conclusion, and if so, how it can be accessed by the consumer.

    • The manner in which the consumer, before concluding the contract, can check and, if desired, correct the data they have provided.

    • Any other languages in which, in addition to English, the contract can be concluded.

    • The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically.

    • The minimum duration of the distance contract in the event of an extended transaction.

    • Where applicable: available sizes, colors, type of materials.

Article 5 – The Agreement

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

  4. The entrepreneur may – within the limits of the law – obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

    • The address of the entrepreneur’s business location where the consumer can lodge complaints.

    • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

    • Information on warranties and existing after-sales service.

    • The information included in Article 4(3) of these conditions, unless the entrepreneur has already provided this information to the consumer prior to performance of the contract.

    • The conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

  6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

  7. Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer (not the carrier), has received the product.

  2. During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the right of withdrawal is exercised, the consumer shall return the product to the entrepreneur with all supplied accessories, and if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.

  3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so in writing via email. After this notification, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by means of proof of shipment.

  4. If the consumer has not communicated the intention to exercise the right of withdrawal or has not returned the product to the entrepreneur within the time frames mentioned in paragraphs 2 and 3, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, the direct costs of returning the products shall be borne by the consumer.

  2. If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The refund is subject to the condition that the returned product has already been received by the online retailer, or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

  1. The entrepreneur may exclude the consumer’s right of withdrawal for the products and services described in paragraphs 2 and 3. The exclusion is only valid if it has been clearly stated in the offer, or at least in good time before the conclusion of the contract.

  2. Exclusion of the right of withdrawal is only possible for products:

    • Made according to the consumer’s specifications.

    • Clearly personal in nature.

    • That, by their nature, cannot be returned.

    • That can spoil or age quickly.

    • Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.

    • Newspapers and magazines.

    • Audio or video recordings and computer software of which the consumer has broken the seal.

    • Hygiene products of which the consumer has broken the seal.

  3. Exclusion of the right of withdrawal is only possible for services:

    • Relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a certain date or during a certain period.

    • The delivery of which has started with the consumer’s explicit consent before the cooling-off period has expired.

    • Relating to betting and lotteries.

Article 9 – The Price

  1. During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, as these are subject to fluctuations in the financial market that are beyond the entrepreneur’s control. Such links to fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.

  3. Price increases within 3 months of concluding the contract are only permitted if they result from statutory regulations or provisions.

  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

    • They are the result of statutory regulations or provisions, or

    • The consumer has the right to terminate the contract from the day on which the price increase takes effect.

  5. In accordance with Article 5(1) of the Dutch Turnover Tax Act 1968, the place of delivery takes place in the country of dispatch. In this case, the delivery takes place outside the EU. The postal or courier service will charge the customer import VAT and/or customs clearance costs. No VAT will be charged by the entrepreneur.

  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the contract.

  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and in new condition.

  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

  5. The warranty does not apply if:

    • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.

    • The delivered products have been exposed to abnormal conditions or otherwise handled negligently, or contrary to the instructions of the entrepreneur and/or on the packaging.

    • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur shall exercise the greatest possible care when receiving and executing product orders.

  2. The place of delivery is the address the consumer has provided to the company.

  3. With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly, but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be informed about this within 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge and is entitled to compensation, if applicable.

  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

  5. If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

  1. The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

  2. The consumer may terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time up to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

  3. The consumer may terminate the agreements mentioned in the previous paragraphs:

    • At any time and not limited to termination at a specific time or during a specific period.

    • At least in the same way as they were concluded by the consumer.

    • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
4. A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

  1. Notwithstanding the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer may terminate this extended contract at the end of the renewal with a notice period of no more than one month.

  2. A contract concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once per month, delivery of daily or weekly newspapers, information bulletins, and magazines.

  3. A limited-duration contract for the regular delivery of daily or weekly newspapers, information bulletins, and magazines for an introductory (trial or promotional) subscription shall not be tacitly continued and ends automatically after the trial or promotional period.

Duration
8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

  2. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been made known in advance.

  4. To optimize the payment process, a partnership has been established with DG ECOM BV, located in Veenendaal (The Netherlands). This means that all credit card payments are transferred to DG ECOM BV, which then transfers them to FUZHOUSHICANGSHANQUJINSHANZHOUXIAOLIANGFUZHUANGCHANG. DG ECOM BV is therefore in no way responsible for any defects resulting from the purchase.

Article 14 – Complaints Procedure

  1. Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

  2. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

  4. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

  5. If a complaint is found justified by the entrepreneur, the entrepreneur will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and reinforced in 2024 regarding the “Amendment of the Turnover Tax Act 1968 (Implementation of the Directive on Payment Service Providers)” and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.

 

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