Terms & conditions

General Conditions governing the sale and delivery of products by Yeh Collection to wholesale business relations.

1 Applicability of these General Conditions to Wholesale Business Relations
1.1 These conditions exclusively apply to any and all, offers, agreements, sale and delivery of products and/or services by Yeh Collection. Yeh Collection explicitly rejects the applicability of any other (general) terms and/or conditions.
1.2 The following definitions are used in these General Conditions:
a. Yeh Collection
b. Buyer
c. Distance Purchase
d. Consumer
e. Consumer Purchase
Hsui-Li Yeh acting under the name Yeh Collection who sells products on the Yeh Collection Website (www.yeh-collection.com); the party acting as a professional and/or for a company or the legal entity entering into an Agreement with Yeh Collection a Consumer Purchase whereby the agreement is concluded via the Internet or by telephone, fax or post. the natural person which is not acting as a professional and/or for a company.
the purchase agreement between Yeh Collection and a Consumer.

2 Identinity of Yeh Collection
Director
Hsiu-Li Yeh
Address Yeh Collection
Nieuwe Prinsengracht 98-III,
1018VW Amsterdam,
The Netherlands
KvK-nr: 34 16 72 35
BTW-nr.: NL1021 69 299 B01
T. +31 297 761 500
F. +31 297 761 509
E-Mail address
contact@yeh-collection.com
PRESS related questions
press@yeh-collection.com

3 Goods
3.1 Goods can be ordered from our catalogue subject to their availability.
3.2 Specially designed goods (at customer’s request) will be manufactured upon separate request and are subject to an explicit written approval on behalf of Yeh Collection.
3.3 Items which are not listed in the catalogue are not available for wholesale.

4 Minimum order requirements
The minimum order requirements include
a) an order value of EUR 400 net as a minimum
b) Minimum Order Quanity (MOQ) can be decreased but the total spend must be at least EUR 400 net.
Special waiver on 1st orders for market trial is possible.

5 Conclusion of the contract
5.1 At Yeh Collection orders can be made via email or telephone. An incoming order to Yeh Collection constitutes an offer to conclude a sales agreement with Yeh Collection, the acceptance of which occurs through a confirmation email send to the email address supplied by the Buyer.
5.2 Yeh Collection reserves the right to refuse an order.
5.3 Offers and quotes for products as displayed on the proposal can only be considered as an invitation to make an offer, are noncommittal, are subject to change and availability and will be valid during the specified term or while stocks last.
5.4 Yeh Collection reserves the right to get in contact with the Buyer prior or after accepting the offer.
5.5 Acceptance of an offer or the purchase of a product implies that the buyer accepts the applicability of these Terms and Conditions.
5.6 The sales contract between Yeh Collection and the Buyer shall exclusively be brought about if Yeh Collection dispatches the ordered goods to the Buyer. The order will be sent to the most recent address that the purchaser has given to Yeh Collection. A contract will not be concluded for any goods that have been ordered but that are not included in the order. The contractual partners are Buyer and Yeh Collection.
5.7 Buyer carries full responsibility for providing Yeh Collection with the correct details in order to enter into the Agreement.
5.8 Yeh Collection is entitled to assign third parties to execute the Agreement. These terms and conditions also apply to the relation with these third parties.

6 Price and payment
6.1 Offers and quotes for products as displayed the price list are expressed in Euros. The prices are exclusive the Dutch VAT of 19% and 6%. The prices are exclusive shipping costs, unless stated otherwise.
6.2 All prices are subject to change by Yeh Collection at any time.
6.3 The Buyer must pay for the order in full in advance in Euros. Payment is made through bank transfer:
Bank
ABN AMRO
City, Country
Amsterdam, The Netherlands
Acc. no.
48.68.51.354
Name Acc.
Yeh Collection
IBAN
NL52ABNA0486851354
SWIFT
ABNANL2A
6.5 In the event of the price of the offer or product, as stated on the price list and/or in the confirmation email, contains errors or are incorrect, Yeh Collection reserves the right to as yet modify or correct it within a reasonable period of time. The Buyer is informed thereof by Yeh Collection as soon as is possible in writing, by email or by telephone.
6.6 If products are delivered on account, the invoiced amount must be paid within 14 days, without the Buyer being entitled to any discount or setoff. 6.7 If Yeh Collection has not received the full payment at the end of the payment period, the Buyer will be in default and will owe interest equal to the statutory interest rate. All costs incurred by Yeh Collection in connection with late payment, such as procedural costs and judicial and extrajudicial costs, including the costs of legal assistance, bailiffs and debt collection agencies, will be payable by the Buyer. The extrajudicial costs are set at a minimum of 10% of the invoice amount, subject to a minimum of € 150, excluding VAT.

7 Delivery
7.1 Yeh Collection undertakes to package the products properly (unless the nature of the products prevents this) and to secure them in such a way that under normal transportation conditions they will reach their destination in good condition.
7.2 Yeh Collection undertakes to deliver the Buyer’s order in accordance with the description, requirements and quality as Yeh Collection states on the Yeh Collection Website.
7.3 The order can for the most part be filled straight from the stock and will be delivered to the Buyer as quickly as possible, within the intended delivery period of 10 working days and no more than thirty (30) days after the confirmation email is sent by Yeh Collection to the Buyer of the order. In the event that the delivery is to a location outside of the Netherlands, the delivery period could deviate from the period determined above. Information pertaining to delivery periods for deliveries abroad can, if required, be requested by sending an email to contact@yeh-collection.com
7.4 The delivery period stated by Yeh Collection for the order from the Yeh Collection Website merely serves as an indication, and cannot consequently be considered as a strict delivery period.
7.5 Yeh Collection will inform the Buyer as soon as is possible in writing, by email or by telephone if the order cannot be delivered within the period stated on the Yeh Collection Website, or within thirty (30) days. Parties will discuss a solution for this delay.
7.6 Should the delivery period of thirty (30) days after the order be exceeded, the Buyer is not entitled to consequential losses, losses due to delays, loss of profits or loss of sales on the part of the Buyer.
7.7 If the product cannot be delivered immediately from stock, Yeh Collection will state this in the offer.
7.8 It is not possible to collect an order in at the Yeh Collection office or warehouse.
7.9 Insofar as nothing else is agreed on, the order will be sent from the Yeh Collection warehouse to the delivery address indicated by the Buyer.
7.10 The delivery of orders within the Netherlands and abroad has been contracted out by Yeh Collection to third parties such as TNT.
7.11 The shipping costs for the delivery of the order dependent the size of the order as well as the country to which the delivery is shipped. Yeh Collection will inform the Buyer about these costs in the order confirmation.
7.12 The Buyer will be charged for any additional costs that accrue, if the Buyer or other assigned person is not present at the indicated delivery address when the goods are delivered.
7.13 The Buyer has to pay for any additional costs that accrue due to special manners of delivery requested by the Buyer (e.g. express delivery). Yeh Collection will inform the Buyer about these costs upon request.
7.14 Transport damages must immediately be reported to the shipping agent as well as to Yeh Collection.
7.15 If the Buyer refuses to accept the delivery, Yeh Collection may charge him the resulting costs. In that case Yeh Collection will also have the right to dissolve the agreement, without prejudice to his right to claim payment of the invoiced amount due as well as full damages and all costs incurred.
7.16 If an order has been accepted by Yeh Collection as a rush Order, then this is subject to an additional 50 Euro fee plus the actual shipping cost of TNT Express. And it will be shipped at the earliest possible opportunity.
7.17 The risk of and the responsibility for the products transfer to Buyer at the moment of delivery. Delivery to the Buyer takes place at the moment that the products leave Yeh Collection’s storage. Products are to be considered delivered to Buyer at the moment that the products are delivered to at the address provided by Buyer. If and insofar as the order could not be delivered to the address provided by the Buyer, then the risk is transferred at the moment of delivery at a third party.

8 Dissolution and return of products
8.1 The Buyer can only amend or cancel an order with Yeh Collection’s prior written consent. If Yeh Collection has already incurred costs or will incur costs as a result of the amendment or cancellation, Yeh Collection may charge those cost to the Buyer.
8.2 Orders for manufactured products that are customized upon request of Buyer can not be canceled.
8.3 If the purchase price has already been paid, it will be repaid as soon as possible but unless Yeh Collection has reason to believe that the products returned have already been opened or used, or have been damaged due to any act on the part of the Buyer.
8.4 Products delivered may be returned only with the Yeh Collection’s prior written consent, whereby the Yeh Collection will have the right to give instructions regarding the manner of shipment. The direct costs involved in the return shipment of the products in the context of these Terms and Conditions will be payable by the Buyer, unless otherwise expressly agreed in writing (Yeh Collection’s email and physical address are listed in the general Terms and Conditions).
8.5 All data, designs and images regarding colours, materials, dimensions and finishing will be for information purposes only. Divergences will not be reason for rejection, discount, dissolution of the agreement or damages if such divergences are minor.

9 Right of suspension and dissolution
9.1 In addition to the provisions regarding force majeure and the provisions of Article 6, Yeh Collection will have the right to suspend (in full or in part) the performance of its obligations under all agreements that exist between the parties or to dissolve those agreements in full or in part without any notice of default or judicial intervention being required: a. if the Buyer is in default or Yeh Collection has good reason to believe that the Buyer will not perform its obligations in full and/or in time; b. in the event of liquidation, a suspension of payment, a petition for a suspension of payment, bankruptcy or debt rescheduling, or any other circumstance as a result of which the Buyer can no longer freely dispose of its capital; or c. if circumstances occur as a result of which it is impossible to perform the agreement or Yeh Collection cannot reasonably be required to continue the agreement in an unamended form.
9.2 In the cases referred to in paragraph 9.1 any obligations of the Buyer will furthermore fall due immediately. The latter will not apply in the event of dissolution on the grounds of circumstances for which the Buyer cannot be blamed. Yeh Collection will not liable for any costs, damages or costs incurred by Buyer in case of suspension or dissolution of the agreement under the circumstances as mentioned in article 9.1..

10 Guarantees and complaints
10.1 The products to be supplied by Yeh Collection will meet the customer requirements and standards that can reasonably be set at the moment of delivery and for which they are intended in the event of normal use. If applicable, guarantee provisions of suppliers and third parties, such as producers and importers, will apply to the products supplied by Yeh Collection.
10.2 In the event of use outside the Netherlands, the Buyer itself must verify whether the products are suitable for use there and whether they meet the conditions and the applicable statutory and other requirements.
10.3 The Buyer will be required to inspect the products delivered immediately after receipt. Any defects established must be reported to Yeh Collection in writing, stating the reasons, within ten days or in the case of external defects immediately.
10.4 If it has been proven that a product is not in conformity with the agreement and the complaint was filed by Buyer in a timely manner, Yeh Collection may, at its own discretion, decide to either replace the product(s) in question, arrange for repair/adjustment of the product(s), refund the invoice price of that single product, or discuss another reasonable solution with Buyer..

11 Retention of Title
12.1 Yeh Collection only transfers ownership of the products – irrespective of the actual delivery of the products – at the time the buyer has paid the full purchase price for the products.
12.2 The Buyer is not authorised to sell on, pledge or encumber in any other manner the products that fall under the retention of title.

13 Intellectual property rights
13.1 The Buyer expressly acknowledges that all intellectual and/or industrial property rights in respect of the products, materials and information made available to the Buyer by Yeh Collection including samples, packaging, labels and designs (and their appearance), the composition and/or specifications of samples, products and semi-finished products, as well as technical and commercial know-how, models, moulds, designs and patterns, vest in the Designer, its supplier or other parties entitled.
13.2 If and insofar as Yeh Collection manufactures products or packaging on the basis of express instructions given by the Buyer, such as specifications, designs, sketches, models or patterns provided by the Buyer, the Buyer warrants that no third-party rights will be infringed. The Buyer indemnifies Yeh Collection against any third-party claims in this context and will reimburse all costs incurred by Yeh Collection in connection with such claims.

14 Liability for damage
14.1 Yeh Collection will not be liable for damage caused: a. by incompetent or improper use of the products delivered or use for a purpose other than that for which they are suitable by objective standards; b. because Yeh Collection used incorrect or incomplete data provided by or on behalf of the Buyer; c. third parties engaged in a performance of the agreement at the Buyer’s request or with the Buyer’s consent; d. materials or services provided by third parties at the Buyer’s request or with the Buyer’s consent; or e. misunderstandings, damage, delays or the improper receipt of orders and notifications due to the use of the Internet or any other means of communication (whether or not electronic). f. to goods caused during transportation
14.2 Only direct loss attributable to Yeh Collection will qualify for compensation. Any and all liability for indirect loss, including but not limited to consequential loss, loss of profits, damaged or lost data or materials, and loss of proceeds is excluded.
14.3 Insofar as Yeh Collection is liable for compensation of damages, this compensation will be limited to the invoice amount for the delivery of the damaged product / order or partial delivery in question, on the understanding that the total liability will never the amount that the insurer pays Yeh Collection in such case .
14.4 The Buyer indemnifies Yeh Collection against any and all claims from third parties that incur damages, costs and/or losses arising from the performance of the agreement and for the cause of which the Buyer is to blame. 14.5 The limitations recorded in Article 114. will not apply: a. if the loss is due to intent or gross negligence on the part of Yeh Collection; b. in the event of product liability towards a Consumer within the meaning of Book 6, Part 3, Chapter 3, of the Dutch Civil Code.

15 Force majeure
15.1 If Yeh Collection is unable to perform the agreement due to an event of force majeure, it will have the right to suspend its obligations until the event of force majeure has ended. If that period lasts longer than two months, either of the parties will have the right to dissolve the agreement in respect of the products affected by the event of force majeure, without being required to compensate the loss incurred by the other party. In that case the Buyer will be required to pay for the products already delivered.
15.2 In these General Conditions, ‘force majeure’ means, among other things, in addition to the definition of that term in the law and in case law, all external causes beyond Yeh Collection’s control, either foreseen or unforeseen, as a result of which Yeh Collection is unable to fulfill its obligations.

16 Dutch law and competent court
16.1 This Agreement is governed by Dutch law, also if an obligation is performed abroad in full or in part or if the Buyer has its place of residence there. The applicability of the Vienna Sales Convention is excluded.
16.2 In the event of disputes, the court of Amsterdam, the place where Yeh Collection has its registered office will be the competent court, unless mandatory rules of law provide otherwise. Yeh Collection will nevertheless have the right to submit the dispute to the court that has jurisdiction according to the law. 16.3 The parties will submit a dispute to the court only after they have made every effort to settle the dispute in consultation.

17 Other provisions
17.1 Amendments and/or additions to these General Conditions will be valid and applicable only if recorded in writing. If Yeh Collection uses additional conditions or any provisions that conflict with these General Conditions, that will not affect the validity and applicability of other provisions of these General Conditions.

Tea Hearts offers organic green tea pressed into little hearts shapes, as well as premium wellness blends, such as White Tea Lavender & Camomile which has
a calming effect, Green Tea Orchids with a relaxing effect and Black Ginger for an amazing energy kick.

© All rights reserved 2011. Tea Hearts are designed, developed and patented by Yeh Collection.