Terms and Conditions

Table of Contents:

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise the right of withdrawal.
  • Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with Nayeli.
  • Day: Calendar day.
  • Ongoing transaction: A distance contract concerning a series of products and/or services, with obligations for delivery and/or acceptance spread over time.
  • Durable medium: Any device that allows the consumer or entrepreneur to store information directed to them personally in a way that allows future access and unaltered reproduction of the stored information.
  • Right of withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.
  • Model form: The withdrawal form provided by Nayeli, which a consumer can fill out if they wish to exercise the right of withdrawal.
  • Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
  • Distance contract: A contract where, within a system organized by Nayeli for the remote sale of products and/or services, one or more means of remote communication are exclusively used up to the conclusion of the contract.
  • Means of remote communication: Any method used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
  • Terms and Conditions: These Terms and Conditions of Nayeli.

Article 2 – Identity of Nayeli by Yatzil

Nayeli by Yatzil.be
Kellensstraat 16
3700 Tongeren
Belgium
Email: nayeli-creations@telenet.be
VAT: BE0892.078.811

Article 3 – Applicability

These terms and conditions apply to every offer from Nayeli and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at Nayeli’s website and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may be provided electronically in such a way that the consumer can store them on a durable medium.
If specific product or service conditions apply alongside these terms, the consumer may always rely on the condition that is most favorable to them in case of conflicting terms.
If any provision in these terms is void or annulled, the remaining provisions will remain in effect.
Situations not covered by these terms must be interpreted “in the spirit” of these terms.
Ambiguities in the interpretation of one or more provisions shall be explained “in the spirit” of these terms.

Article 4 – The Offer

  • If an offer has a limited validity or is conditional, this will be explicitly stated in the offer.
  • The offer is non-binding. Nayeli has the right to adjust the offer.
  • The offer includes a detailed and accurate description of the products or services. If images are used, they reflect the products or services truthfully.
  • Images and specifications are indicative and cannot be grounds for compensation or contract cancellation.
  • The offer contains clear information about rights and obligations, including:
    • The price, including taxes.
    • Shipping costs.
    • The process to conclude the contract.
    • Whether the right of withdrawal applies.
    • Payment, delivery, and execution methods.
    • Available sizes, colors, and materials.

Article 5 – The Agreement

  • The agreement is established, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.
  • If the consumer accepts the offer electronically, Nayeli will confirm receipt of the acceptance electronically without delay. Until Nayeli confirms receipt of this acceptance, the consumer can dissolve the agreement.
  • If the agreement is concluded electronically, Nayeli will implement appropriate technical and organizational measures to secure the electronic transfer of data and provide a safe web environment. If the consumer can pay electronically, Nayeli will take suitable security measures.
  • Nayeli may, within legal frameworks, assess whether the consumer can meet their payment obligations and investigate any relevant facts and factors necessary for responsibly entering into a remote agreement. If Nayeli has valid grounds to decline the agreement based on this investigation, they are entitled to refuse an order or application, providing a reason, or impose special conditions on execution.
  • Nayeli will provide the following information to the consumer with the product or service, either in writing or in a way that allows the consumer to store it accessibly on a durable medium:
    • The physical address of Nayeli’s business where complaints can be lodged.
    • The conditions and method for exercising the right of withdrawal or a clear statement if the right of withdrawal is excluded.
    • Information on warranties and existing post-purchase services.
    • The details included in Article 4, paragraph 3, unless Nayeli has already provided this information before the agreement is executed.
    • The requirements for terminating the agreement if it is of more than one year or indefinite duration.

In the case of a continuing transaction, the provisions in the previous paragraph apply only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

  • For product deliveries:
    If a product does not meet your expectations or is (possibly) defective, you may, in certain cases, cancel the product within 14 days of receipt. This reflection period starts the day after the consumer receives the product. Digital documents are non-returnable and non-refundable.
    During the reflection period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to determine whether the consumer wants to keep it.
    If the consumer exercises the right of withdrawal, the product, along with all accessories and, if reasonably possible, in the original condition and packaging, must be returned to Nayeli, following Nayeli’s reasonable and clear instructions.
    If the consumer wishes to use their right of withdrawal, they must notify Nayeli within 14 days of receiving the product. Notification must be made in writing. After notifying, the consumer must return the product within 14 days. The consumer must prove the timely return of the goods, for example, with proof of shipment.
    If the consumer does not notify within the periods mentioned in paragraphs 2 and 3 or does not return the product to Nayeli, the purchase is final.
  • Exchanges and Returns for Custom-Made Products:
    Exchanges and returns are NOT possible for custom-made products, such as collars, leashes, harnesses, halters, grooming loops, belly bands, extensions, pet passports, keychains, handbags, belts, and personalized items, unless the product is defective. For these categories, the sale is final after successful payment.
    Products are custom-made exclusively for you, so the measurements you provide are crucial and are at your risk. If a collar matches the measurements you provided but does not fit, the collar cannot be returned. In some cases, we may alter custom-made products for a fee. Contact us for more information.
    Note: Exchanges or returns are only possible after written consultation with Nayeli. Do not return orders without prior written agreement, as they will not be processed. Items returned after the return period will not be accepted.
    Returning products is at your own risk. The shipping costs for returning and potentially receiving a replacement product are at your expense.
    If we agree to a return, the product must be returned in its original packaging, unused, complete, undamaged, and free of pet hair. Handle the return package carefully and pack it securely, preferably in the original packaging.
    Please include your name, address, invoice number, account number, and reason for exchange or return with your return shipment.
    For defective or incorrect products, Nayeli will refund the shipping costs after successfully receiving the return package. You must adequately prepay the return shipment. Unpaid or insufficiently prepaid packages will not be accepted. We will refund the shipping costs within 14 days of receiving the return package.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they will bear the costs of returning the product.
If the consumer has made a payment, Nayeli will refund the amount paid (excluding Nayeli’s shipping costs) as soon as possible, but no later than 14 days after receiving the returned product. Refunds will be processed using the original payment method unless the consumer agrees to an alternative method.
The consumer is responsible for any depreciation of the product due to careless handling.

Article 8 – The Price

During the period of validity stated in the offer, the prices of products or services will not increase, except in cases of changes in VAT rates.
Prices listed in the offer are exclusive of VAT and shipping costs.
All prices are subject to typographical and printing errors. Yatzil is not liable for any consequences arising from such errors and is not obligated to deliver products at incorrect prices due to such errors.

Article 9 – Conformity and Warranty

Nayeli guarantees that the products or services comply with the agreement, specifications outlined in the offer, and reasonable expectations of reliability, usability, and applicable legal standards at the time the agreement is made.
If specifically agreed, Nayeli guarantees the product’s suitability for non-standard use.
This warranty does not affect any statutory rights the consumer may have under the agreement.
The warranty period aligns with the manufacturer’s warranty. Nayeli is not responsible for individual usage cases or advice regarding the products.
The warranty does not apply in the following cases:

  • The consumer repairs or alters the product themselves or through a third party.
  • The product is exposed to abnormal conditions, mishandling, or misuse.
  • The defects are the result of government regulations on materials or quality.

Article 10 – Delivery and Execution

Nayeli strives to fulfill orders and evaluate service applications with care. The delivery address provided by the consumer will be used.
Delivery times are indicative, and consumers cannot claim compensation for delays. Nayeli is not liable for damages incurred during shipping or for incorrect addresses provided by the consumer.
If delivery is impossible, Nayeli will attempt to offer an alternative solution.

Article 11 – Payment

Payments must be made in full before the dispatch of goods or at the time of collection. Orders will be canceled if not paid for within 10 days.

Article 12 – Complaints Procedure

Complaints must be submitted within 14 days of the issue. Nayeli will respond within 14 days and will provide an expected resolution timeframe if further action is needed.

Article 13 – Disputes

Belgian law governs all agreements with Nayeli.