General terms and Conditions
Article 1. Definitions
1.1 In these General Terms and Conditions, the following capitalized terms, both in singular and plural, have the following meanings:
Account: the personal environment of the User or Recipient within the App, the Website or Online Portal, which can be accessed by using the Login Details;
General Terms and Conditions: these General Terms and Conditions of Yesty;
App: mobile application that allows the User and/or Recipient to use the Service;
Service: the service provided by Yesty to the User and/or Recipient, as further described in article 3;
Login Details: the name, email address, password and/or any additional security information that allows the User and/or Recipient to access the Account and/or use the App and/or Online Portal;
Intellectual Property Rights: all intellectual property rights, including copyrights, trademark rights, trade name rights, database rights and neighboring rights, know-how and related rights;
User: the registered user of an Account, who is a buyer and/or giver party to the Agreement;
Merchant: a Yesty affiliated publisher of a Merchant gift card;
Merchant gift card: the digital gift card of a Merchant, including gift card code, which can be spent at the relevant Merchant or its affiliated spending partners, activated after exchanging a Yesty Card or Yesty Choice Card;
Online Portal: the ordering environment of the Website in which a User creates an Account in case of Yesty for Business or for other explicitly designated Users and can use the Service;
Recipient: the recipient chosen by a User or other giver of a Yesty Card or Yesty Choice Card, who creates an Account to store the Yesty Card, Yesty Choice Card or Merchant gift card in the Wallet and through which an Agreement with Yesty is also established as a registered user of the App and/or Website. The Recipient becomes a User as soon as he or she purchases a Yesty Card or Yesty Choice Card;
Agreement: the agreement between Yesty and User or Recipient on the basis of which User or Recipient is entitled to use the Service and to which these General Terms and Conditions apply;
Party/parties: Yesty and/or User and/or Recipient;
Privacy Statement: the Privacy Statement of Yesty, which can be viewed at https://Yesty.nl/privacy-policy
Wallet: personal virtual wallet, available within the Account, in which the purchased, sent and/or received Yesty Cards, Yesty Choice Cards and/or Merchant gift cards of the User and/or Recipient are visible;
Website: the website of Yesty, accessible via http://www.Yesty.nl, as well as all underlying pages;
Yesty: the legal entity with limited liability Yesty B.V., with its statutory seat in Haarlem and registered office at Figeeweg 1-0014 (firstname.lastname@example.org, 023 – 2340240);
Yesty Card: a gift card issued by Yesty that contains a suggestion for a Merchant gift card that can be redeemed by the Recipient in the App for the relevant Merchant gift card or another Merchant gift card of the same value;
Yesty for Business: the Service that Yesty provides to business Users, including companies or organizations;
Yesty Choice Card: a gift card issued by Yesty – whether or not based on a private label – that does not contain a specific suggestion for a Merchant gift card that can be redeemed in the App or online via the Website for a Merchant gift card of the same value.
Article 2. General
2.1 Yesty provides the Service to consumers and to organizations and (other) business customers, with the aim of allowing a consumer or an organization or (other) business customer to give a gift card with a personal message to a consumer.
2.2 The Agreement between User or Recipient and Yesty is established by creating an Account. This also applies to the Recipient who has received a gift card and creates an Account to accept the Yesty Card or Yesty Choice Card, manage Yesty Cards, Yesty Choice Cards, and Merchant gift cards, and spend or exchange them. The Recipient can create an Account through the App or online on the Website, in the latter case to exchange a Yesty Choice Card received via Yesty for Business. A Recipient becomes a User as well if he or she purchases a Yesty Card or a Yesty Choice Card via the App to give as a gift through the Account.
2.3 For Yesty for Business, the Agreement between the User and Yesty is established when the qualified User creates an Account on the designated Online Portal on the Website, unless expressly agreed otherwise. The User is qualified to create an Account via the Online Portal if the User is not a consumer, such as a private limited company or a (semi) government agency.
2.4 These General Terms and Conditions apply to the Agreement between the User or Recipient and Yesty and to the Service of Yesty. The User or Recipient agrees with the contents of these General Terms and Conditions. Yesty also has the right to rely on these General Terms and Conditions against the Recipient, even if the Recipient does not yet have an Account.
2.5 Yesty is entitled to amend and/or supplement these General Terms and Conditions at any time. Changes to the General Terms and Conditions will be announced by email, through the App, or on the Website and will take effect 7 days after the announcement. The most current General Terms and Conditions can be consulted on the Website and/or App. If the User or Recipient continues to use the Service after the amendment and/or supplementation of these General Terms and Conditions, they accept the amended and/or supplemented General Terms and Conditions irrevocably. If the User or Recipient does not agree with the amended and/or supplemented General Terms and Conditions, their only option is to delete the Account, which terminates the Agreement, after which the User or Recipient can no longer use the Service.
2.6 Deviation from these General Terms and Conditions between the User or Recipient and Yesty is only possible if this is recorded in writing between the parties.
Article 3. The Service
3.1 The Service offered by Yesty, in the case of consumers, consists of providing an App through which the User or Recipient, within the Account, can:
§ As a User, purchase Yesty Cards and Yesty Choice Cards and send them to third parties with a personal message. The third party can view the Yesty Cards or Yesty Choice Cards and the personal message without an Account;
§ As a Recipient, exchange Yesty Cards and/or Yesty Choice Cards for a Merchant gift card;
§ Manage purchased or received Yesty Cards, Yesty Choice Cards, and/or Merchant gift cards;
§ As a Recipient, spend Merchant gift cards at the Merchant(s) and/or spending partners of the Merchant(s).
3.2 The Service offered by Yesty, in the case of Yesty for Business, consists of providing an Online Portal through which the User, within the Account, can:
§ Purchase Yesty Choice Cards, provide a personal message, and send them to third parties, being Recipients to whom Article 3.3 applies. The third party can view the Yesty Choice Card and the personal message without an Account.
3.3 The Service offered by Yesty, in the case of Yesty for Business, also includes providing a Wallet via the Website through which the Recipient can store, manage, exchange Yesty Choice Cards and/or Merchant gift cards, and spend Merchant gift cards at the Merchant(s) and/or spending partners of the Merchant(s).
Article 4. Use of the App, Online Portal, or Website
4.1 To use the Service, the User or Recipient must create an Account, creating login credentials for either the App, Online Portal, or Website. The Online Portal is specifically designed for Yesty for Business, while the App and Website have their own limitations for use.
4.2 The User and/or Recipient are responsible for keeping their login credentials secure. If the User or Recipient suspects or knows that unauthorized persons have obtained their login credentials, they must immediately inform Yesty and take effective measures to limit any damage, such as changing their login credentials. Yesty is not liable for any damages resulting from any unauthorized access to or use of the Service by third parties.
4.3 Yesty will provide the Service carefully and professionally. However, the User or Recipient acknowledges that the App, Online Portal, or Website contains only the functionalities and properties available at the time of use (“as is”).
4.4 The User or Recipient is fully responsible and liable for all actions performed with the help of the App, Online Portal, or Website. The use is entirely at the User’s or Recipient’s own expense and risk.
4.5 Yesty is entitled to adjust and/or (temporarily) terminate the (content or functionalities of the) App and/or Online Portal and/or Website without prior notice, and without being liable or obliged to pay any damages to the User or Recipient.
4.6 Yesty is not liable for any consequences resulting from the unavailability of the App, Online Portal, or (other functionalities on) the Website, such as technical malfunctions.
4.7 In the case of the Online Portal, the person creating the Account on behalf of the User declares that they are authorized to create and use the Account on behalf of the User.
Article 5. Yesty Card, Yesty Choice Card, and Merchant Gift Card
5.1 An assortment of Yesty Cards and/or a Yesty Choice Card is offered in the App or Online Portal. A Yesty Card and/or a Yesty Choice Card cannot be spent directly at a Merchant or its spending partners, but must be exchanged (by the Receiver) for a Merchant gift card that can be spent at the relevant Merchant and/or its spending partners.
5.2 A User can purchase a Yesty Card and/or a Yesty Choice Card for the value specified by the User using the payment methods offered at that time. The use of these payment methods may be subject to the general terms and conditions of the payment method provider.
5.3 User agrees to the direct delivery of a Yesty Card or Yesty Choice Card.
5.4 User explicitly waives their right to terminate or rescind the Agreement without cause.
5.5 A User cannot exchange or spend the Yesty Card or Yesty Choice Card themselves. The User can only send the Yesty Card or Yesty Choice Card, along with a personal message, to a third party.
5.6 In the case of a Yesty Card or Yesty Choice Card, User enters into an agreement with Yesty for the delivery of the Yesty Card or Yesty Choice Card for the value chosen by the User in the User’s Wallet. The delivery of the Yesty Card or Yesty Choice Card is completed at the moment the User sees the Yesty Card or Yesty Choice Card in the Wallet to send it to the Receiver at any time. This is also the case when the User chooses to send the Yesty Card or Yesty Choice Card directly to the Receiver; in that case, the User sees the card in the Wallet as a sent card.
5.7 A Yesty Card, Yesty Choice Card, or Merchant gift card may have a limited validity period. Timely giving or sending, exchanging, or spending comes entirely at the expense and risk of the User or Receiver. If the validity period of the Yesty Card, Yesty Choice Card, or Merchant gift card has expired, neither the User nor the Receiver can derive any rights from that Yesty Card, Yesty Choice Card, or Merchant gift card. Neither the User nor the Receiver can make any claims against Yesty in that case.
5.8 Once the Yesty Card or Yesty Choice Card is exchanged for a Merchant gift card, an agreement is made with the relevant Merchant, and the validity period of the Merchant gift card, which may vary per Merchant gift card, will generally start at the time of exchange.
5.9 Yesty does its best to display the correct balance on a Yesty Card or Yesty Choice Card and the correct information about Merchant gift cards and their balances in the Account, on the Website, in the Online Portal, or in the App. If this information is unexpectedly incorrect or unavailable, Yesty cannot be held accountable, and no rights or claims can be derived against Yesty.
5.10 The third party for whom the Yesty Card or Yesty Choice Card is intended can view it and its associated message online without obligation. To save, exchange, manage, etc. the Yesty Card or Yesty Choice Card, the Receiver must have an Account at all times.
YESTY CARDS and YESTY CHOICE CARDS
5.11 The following conditions apply to Yesty Cards:
a. A Yesty Card cannot be exchanged for cash.
b. A Yesty Card is sent directly to the Recipient by the User via WhatsApp or another offered shipping method, either immediately after purchase or later from the Wallet. The User has no rights to the available shipping methods, and the use of the chosen shipping method is at the User’s own expense and risk. Yesty is not responsible for any malfunctions or other issues related to a shipping method.
c. A Yesty Choice Card can be exchanged for one of the Merchant gift cards in the assortment of Merchant gift cards associated with the relevant Yesty Choice Card.
d. A Yesty Card can only be redeemed once for a Merchant gift card.
e. Yesty is not responsible or liable for incorrect or mistakenly double sending of a Yesty Card before or after it is exchanged for a Merchant gift card.
f. If the User sends a Yesty Card to a Recipient, the User is responsible, if applicable, for the entered information of the Recipient and the processing of the Recipient’s personal data. Yesty does not accept liability regarding the (incorrect) input of Recipient data by the User.
5.12 The following conditions apply to Yesty Choice Cards:
a. A Yesty Choice Card cannot be exchanged for cash.
b. A Yesty Choice Card is sent directly to the Recipient by the User via the offered shipping method, either immediately after purchase or later from the Wallet. The User has no rights to the available shipping methods, and the use of the chosen shipping method is at the User’s own expense and risk. Yesty is not responsible for any malfunctions or other issues related to a shipping method.
c. A Yesty Choice Card can only be redeemed once for a Merchant gift card.
d. Yesty is not responsible or liable for incorrect or mistakenly double sending of a Yesty Choice Card by a User.
e. If the User sends a Yesty Choice Card to a Recipient, the User is responsible for the entered information of the Recipient and the processing of the Recipient’s personal data. Yesty does not accept liability regarding the (incorrect) input of Recipient data by the User.
5.13 A Yesty Card or Yesty Choice Card is spent by the Recipient in their Account’s Wallet by exchanging it for a Merchant gift card of the same value.
5.14 In the case of Yesty for Business or in explicitly designated cases, the User may be offered the possibility to send or give a physical Yesty Choice Card to a third party.
MERCHANT GIFT CARD
5.15 Furthermore, the following terms and conditions apply to Merchant gift cards:
a. A Yesty Card or Yesty Choice Card can be exchanged for a Merchant gift card. A Yesty Card can be exchanged for a Merchant gift card of choice from the available selection, even if a suggestion for a specific Merchant gift card is provided with the sent Yesty Card.
a. Once a Yesty Card or Yesty Choice Card has been exchanged for a Merchant gift card, the Merchant gift card cannot be exchanged for another Merchant gift card, Yesty Card, or Yesty Choice Card.
b. A Merchant gift card cannot be exchanged for cash.
c. In the event of an exchange to a Merchant gift card, an agreement is formed between the User and the issuer of that Merchant gift card, and Yesty’s service is limited to providing the Wallet in which the Merchant gift card is stored.
d. The Receiver can use the Merchant gift card in full or in part to make purchases from or obtain a service or product(s) from the chosen Merchant or their spending partner(s). The use of the Merchant gift card is subject to the agreement between the Receiver and the Merchant or their spending partners. General terms and conditions of the chosen Merchant may apply to (the use of) a Merchant gift card, including a possible validity period of the respective Merchant gift card. Yesty is not responsible or liable for the use of the Merchant gift card by the Receiver, nor for the products or services purchased or obtained with it.
5.16 If it is not possible for a Receiver to use a Merchant gift card at the Merchant, the Receiver must contact Yesty. The following applies:
a. If it appears that the Merchant gift card could not be used due to an event attributable to Yesty, such as a technical malfunction in Yesty’s App, Yesty will provide a new Merchant gift card of the same value to the Receiver, and the Receiver has no additional right to compensation for damages;
b. If it appears that the Merchant gift card could not be used due to an event not attributable to Yesty, such as a technical malfunction or non-working cash register equipment or cash register software of the Merchant or its spending partners, Yesty is not liable for this.
Article 6. Privacy
6.1 In executing the Agreement and providing the Service, Yesty processes personal data of the User and/or the Receiver. Yesty always processes personal data in accordance with its Privacy Statement and applicable laws and regulations.
6.2 Providing personal data to Yesty is always the responsibility of the User or Receiver who provides this personal data.
Article 7. Intellectual Property Rights
7.1 The Intellectual Property Rights relating to the Service and its results, including the Website, Online Portal and the App, as well as the information made accessible via the website and Service such as texts, look-and-feel, Account templates, video, audio, and image or photo material, are owned by Yesty and/or its licensor(s). Nothing in these General Terms and Conditions shall be construed as a transfer of any Intellectual Property Right.
7.2 If the User and/or Recipient complies and continues to comply with these General Terms and Conditions, he/she is granted a personal right to use the App, Online Portal or Website. Yesty may decide at any time to revoke this right of use, particularly if the User or Recipient breaches a provision in these General Terms and Conditions, commits an unlawful act or default against Yesty, in the case of fraud, or in the event of a violation of a legal provision.
Article 8. Liability
8.1 Yesty’s liability for an attributable failure in the performance of the Agreement, its Service, an unlawful act or any other act or omission by Yesty, its employees or by third parties engaged by it, is limited to the compensation of direct damage. Yesty’s liability for direct damage per event (where a series of related events is considered as one event) to a User shall not exceed the total amount that the User has paid to Yesty under the Agreement in the twelve (12) calendar months preceding that event (excluding VAT), or in the case of a Recipient, an amount equal to three (3) times the value of the unused gift cards in the Recipient’s Wallet. However, Yesty’s total liability shall in no event exceed €150 (excluding VAT).
8.2 “Direct damage” in the sense of the preceding article means exclusively:
a. property damage;
b. reasonable expenses that the User or Recipient would have to incur in order to ensure that Yesty’s performance is in accordance with the Agreement;
c. reasonable expenses incurred by the User or Recipient to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of this Agreement;
d. reasonable expenses incurred to prevent or limit damage, insofar as the User or Recipient can demonstrate that these expenses have led to a limitation of the direct damage within the meaning of this Agreement.
8.3 Yesty shall not be liable for any damage other than direct damage as described in Article 8.2, including consequential damages arising from or in connection with the Agreement, including, without limitation, loss of profit, loss of revenue, loss of expected savings, and other similar financial losses such as loss of goodwill or reputation or other incidental, indirect damage or damages as punishment or example, of any nature whatsoever, whether or not the User or Recipient has notified Yesty of such possible damage, compensation or loss.
8.4 The right of the User or Recipient to claim damages under this Agreement, on the basis of an unlawful act or otherwise, shall expire in any event one (1) year after the event giving rise to the claim or legal action has occurred.
Article 9. Duration and termination
9.1 The agreement between the User and/or Recipient and Yesty is entered into for an indefinite period and can be terminated by the customer or Yesty at any time. Upon termination of the Agreement, for whatever reason, the customer’s right to use the Service immediately expires, and access to the Service is immediately denied.
9.2 Termination of the Account will result in the expiration of all rights and claims that the User or Recipient has on Yesty, including any remaining Yesty Cards, Yesty Choice Cards, and Merchant gift cards.
9.3 Yesty is entitled to close the Account and the Wallet at any time, provided that Yesty makes every effort to send the contents of Merchant gift cards to the respective User or Recipient by e-mail to the Account’s email address. Yesty will allow Users to send unsent Yesty Cards and/or Yesty Choice Cards. Yesty will allow Recipients to exchange unexchanged Yesty Cards and/or Yesty Choice Cards for a Merchant gift card. A period of three months will be maintained in the aforementioned cases. If the Recipient has not made a choice, Yesty will exchange the valid Yesty Cards and/or Yesty Choice Cards for a Merchant gift card and send it by email.
Article 10. Complaints procedure
10.1 Yesty makes every effort to carry out the Service with the utmost care. However, the User or Recipient may still have a complaint. Complaints about Yesty’s Service can be submitted to Yesty by e-mail at email@example.com. Yesty will ensure that this complaint is dealt with as soon as possible and that the complaint is answered no later than fourteen days after receipt. If Yesty foresees that the handling of the complaint will take longer than fourteen days, Yesty will send a receipt confirmation within fourteen days after receipt of the complaint, with an indication of the period within which the complaint will be answered in substance.
Article 11. Miscellaneous
11.1 Unless expressly stated otherwise, all prices listed for consumers are in Euros and include VAT.
11.2 Dutch law applies to these General Terms and Conditions and all use of the Service. All disputes arising between the User/Recipient and Yesty will be submitted to the competent court in the district of Amsterdam, unless Yesty chooses to submit the dispute to the competent court under the law.
11.3 If any provision of these General Terms and Conditions proves to be invalid or unenforceable or for any other reason is or becomes wholly or partially invalid, the other provisions of the General Terms and Conditions shall remain in full force and effect. Yesty will replace the invalid provision with a provision that is valid and whose legal effects, in view of the content and purpose of these General Terms and Conditions, are as close as possible to those of the invalid provision.
11.4 Yesty may transfer rights and obligations arising from these General Terms and Conditions to third parties and will inform the User/Recipient thereof without delay. If the User/Recipient does not find this transfer of obligations to a third party acceptable, he may terminate his Agreement in accordance with Article 9.