Please read these terms and conditions regarding sales and delivery (hereinafter “Sales and Delivery Terms”) carefully before placing a purchase order on the web shop under the domain name www.gabba.dk (hereinafter “Web Shop”).   You are only allowed to place an order on the Web Shop, if you are placing such order as a consumer that is if you intent to use the product(s) for personal use and needs only and not for resale or use in manufacturing.   You are only allowed to place an order on the Web Shop if you are 18 years of age or above.   If you do not wish to accept these Sales and Delivery Terms, if you are not a consumer and/or if you are below 18 years of age, you shall immediately refrain from using the Web Shop.   By placing an order using the Web Shop you accept the Sales and Delivery Terms as set forth in the following:

The Web Shop is provided by Yab Yum Clothing Co ApS, com-pany registration number 70 12 22 19, Birkemosevej 16, DK-6000 Kolding, Denmark, e-mail address web@gabba.dk (hereinafter “Yab Yum”).

You acknowledge that all deliveries of product(s) are subject to availability.

Yab Yum will indicate the availability of product(s) on the Web Shop. However such indications are subject to demands, which may vary out of the control of Yab Yum.

You acknowledge that any product and price displayed on the Web Shop is considered an invitation to make an offer. Thus, Yab Yum is under no obligation to deliver a product, hereunder at the price indicated on the Web Shop, unless Yab Yum has accepted within reasonable time in the confirmative your order placed while using the Web Shop.

You are until Yab Yum’s confirmative acceptance of your order free to withdraw from such said order.

You acknowledge and accept that an automatically generated e-mail does not qualify as a confirmative acceptance of your order.

An agreement is entered between you and Yab Yum, when you receive an e-mail from Yab Yum containing information confirm-ing and summarizing your order, hereunder regarding the item(s) you have requested, number of item(s), size, colour, price and choice of freight.  

When placing an order on the Web Shop you must submit a number of basic information regarding you, hereunder your name, address, delivery address, e-mail address and telephone number.
 
Yab Yum will collect and store such basic information regarding you in accordance with the Yab Yum Clothing Co ApS’ Personal Data Policy, which among others can be found on the web site under the domain name www.gabba.dk and which Personal Data Policy you are obliged to accept prior to placing an order on the Web Shop.  

You are at all-time free to correct input mistakes and/or to refrain from making on order placement on the Web Shop.

You have the right, but no obligation, to create an account on the Web Shop.

Your log-in is your e-mail adreess whereas your personal pass-word is chosen freely by you.

Yab Yum has no knowledge of your personal password.

Should you lose or forget your password, a new automatically generated password will be sent to the e-mail address indicated by you upon your request to Yab Yum.

You are at any time free to change, delete or amend your ac-count details, hereunder also your password.

Yab Yum advises you to change your password, should you re-ceive an automatically generated password from Yab Yum.

You are under the obligation to hold confidential your log-in and password, hereunder to do your utmost to prevent unauthorized use of your log-in and password on the Web Site.

Should you become aware of any unauthorized use of your Yab Yum account, please inform Yab Yum immediately.  

All prices indicated on the Web Shop are Danish VAT included (currently 25%), but freight and customs duties and taxes are ex-cluded. See below clause 5 “Dispatch and Freight” and clause 6 “Customs duties and taxes”.

Prior to your acceptance of placing a purchase order using the Web Shop the total price including Danish VAT and freight ex-penses will be displayed.

All prices are displayed in either Danish kroner (DKK) or EURO as you may choose.

Despite all our efforts to the contrary a small number of products on our Web Shop are mispriced. You acknowledge that Yab Yum is not bound by the prices indicated on the Web Shop, unless Yab Yum confirms such prices to you in an e-mail. See above clause 2 “Orders”.  

Yab Yum will use its best endeavors to dispatch product(s) or-dered by you within 3 (three) working days following the date on which a confirmation e-mail has been sent to you.

Yab Yum makes arrangements on your behalf with PostDanmark or GLS Pakkeshop as you may choose (if your delivery address is located in Denmark), or UPS or GLS at Yab Yum’s discretion (if your delivery address is located in Norway or the European Community member states but Denmark) regarding freight of your product(s).

Yab Yum is unfortunately not able to make arrangements regard-ing freight on your behalf, if your delivery address is outside Denmark (Denmark does not include the Faroe Islands and Greenland), Norway and/or the European Community member states.

You acknowledge that Yab Yum has delivered your product(s) when the product(s) is handed over to the third party freight com-pany.

An e-mail or text message will be sent to you, when the prod-uct(s) is handed over to the freight company by Yab Yum. Such e-mail or text message will include information regarding the es-timated delivery time as well as information regarding your right to withdraw from the purchase agreement as well as your right to return the product(s). See below clause 8 “Withdrawal and Return of Products”.

The estimated time of delivery is 1-2 week days for deliveries in Denmark and 3-4 week days for deliveries in Norway and mem-ber states of the European Community.

Yab Yum dispatches its products from Denmark.  

Please be aware that you may be met with demands regarding customs duties and taxes, if your delivery address is not in Denmark. Such an obligation is of no concern to Yab Yum.

Your obligation to hold customs duties and taxes is among others influenced by the location of your delivery address, local jurisdic-tion and the value of the product(s) concerned.

Based on this Yab Yum is unfortunately in no position to advise you regarding your potential obligation. Yab Yum therefore ad-vises you to contact your local duties and/or tax office before you place an order using the Web Shop.

You might as well find it helpful to request the assistance of GLS and/or UPS who is offering assistance in regard to the payment of customs duties and taxes.

Norwegian Customs: www.toll.no

Yab Yum uses the secure payment method QuickPay offered by Teller A/S.

Any account details submitted by you are encrypted and immedi-ately transmitted to the bank.

You may use the following credit cards:

-    Dankort
-    VISA/Dankort
-    VISA
-    MasterCard
-    VISA ELECTRON
-    MAESTRO
-    JCB
-    AmericanExpress

 

Yab Yum will not call the payment prior to dispatching the prod-uct(s).

As a consumer you have the right to withdraw from a purchase agreement regarding a product ordered on the Web Shop, if you exercise such right within 14 (fourteen) days following your re-ceipt of the product(s) at hand.

If you do wish to exercise such right, you are obliged to observe the requirements and procedures described in the Yab Yum document “Withdrawal and Return of Products” which can be found on the web site under the domain name www.gabba.dk, and which is also enclosed in the package dispatched to you with the product(s).    

You may only exercise your right to withdraw from the purchase agreement and return the product(s) at hand, if the product(s) at hand is unused, and if you return the products(s) to Yab Yum at your own expenses and in the original packaging within 14 days from receipt of product(s).

You understand and acknowledge that the Web Shop is intended for electronic use and communications only.

This means that you are communicating with Yab Yum electroni-cally only by either using the information provided on the web site under the domain name www.gabba.dk or by sending Yab Yum an e-mail to the e-mail address: web@gabba.dk.    

You specifically acknowledge and accept that Yab Yum may send you e-mails, communications and other notices regarding your order(s) and product(s) to the e-mail address(es) indicated by you when placing the order, and that Yab Yum may post no-tices and communications on the website under the domain name www.gabba.dk. You agree that such said e-mails, communica-tions and/or notices satisfy the legal requirements regarding offer, acceptance, consent to changes and/or amendments regardless of whether such e-mails, communications or notices have been read and specifically accepted by you.

You are under the obligation to bring yourself up to date with any potential changes and amendments made by Yab Yum regarding the standard terms and policies prior to placing an order using the Web Shop.

All Yab Yum standard terms and policies can be found on the web site under the domain name www.gabba.dk.

Should you not wish to do so or not wish to accept such changes and/or amendments made by Yab Yum, you shall refrain from placing a new order.     

You understand that the use of the internet may cause interrup-tions. Thus, you acknowledge that you have the sole responsibil-ity for the e-mails and other electronic communications sent by you to Yab Yum, hereunder that Yab Yum receives the e-mails and electronic communications sent by you. 

Yab Yum inspects the product(s) prior to dispatch and/or handing over the product(s) to the third party freight company.

If you become aware of a defect and/or flaw, you may return within a reasonable time the product(s) in default in the original packaging with a filled out Yab Yum standard Return Form. The Return Form may be printed from the web site under the domain name www.gabba.dk, but will also be sent to you with the prod-uct(s) when delivered. 

If the defect and/or flaw is acknowledged by Yab Yum, Yab Yum will free of charge and at the sole discretion of Yab Yum either repair or replace the product in default within 10 (ten) working days from receiving the product in default. If such said remedies are not possible, the amount paid by you for the product in default will be returned to your account following payment instructions from you. 

Yab Yum has no obligation to repair or replace your product(s), if the defect and/or fault is due to wear and tear, your lack of proper maintenance and/or misuse.

 

Yab Yum will maintain and develop Web Shop to its best ability.
Yab Yum will endeavour to make sure that the content at any time is correct, up-to-date and in compliance with applicable law.
You accept that changes, corrections and/or additions to the Web Shop are made continuously without prior notice and/or your prior approval.  
Yab Yum reserves the right to deny you the access to the Web Shop, to terminate your account and/or cancel any orders placed by you, at the Yab Yum’s own discretion, hereunder per example if your Yab Yum account is used by an unauthorized third party, if it comes to the knowledge of Yab Yum that you are under the age of 18, or if you fail to pay for the product(s) ordered etc.

These Sales and Delivery Terms are construed in accordance with and governed by the laws of Denmark.

Any dispute arising out of or from these Sales and Delivery Terms or the interpretation hereof which cannot be settled ami-cably shall be brought before a Danish court applying Danish leg-Sislation in force at any time with the exception of Danish private law rules to the extend such would lead to the application of any other legislation than Danish.

 

December 2011, ver. 1