Delivery Condition
Terms and Conditions
These General Terms and Conditions apply to the delivery of our products to you and govern the legal relationship between you and us.
Please read these Terms and Conditions carefully. By clicking "Accept" below, you agree to be bound by these Terms (as defined below). We recommend that you pay particular attention to Condition 16 , which sets out important limitations and exclusions of our liability to you, and Conditions 12 and 15 , which contain important information about your legal rights. If you do not agree to these Terms, you must not place an order with us.
1. Validity of these conditions
1.1 These are the terms and conditions (the “Terms” ) on which we supply our Products to you when you place an order through our Website.
1.2 Please read these Terms carefully before placing an order with us. They contain important information about your and our rights and obligations. You must agree to these Terms before we can accept your order. If you do not agree to these Terms, please do not place an order with us.
1.3 These Terms and Conditions contain details of:
-Who we are;
-The terms on which we supply our Products to you; and
-Other important information.
1.4 These Terms and Conditions apply only to consumers. You are a consumer if:
- You are an individual; and
- You purchase products from us wholly or primarily for your personal use (not for use in connection with your trade, business, craft or profession).
1.5 You must be at least 18 years old to place an order with us.
1.6 We reserve the right to change these Terms at any time. However, the Terms listed on our website at the time you place your order will apply to your order. Please print or save a copy of these Terms and any emails from us for your records. We do not store or archive copies for you.
1.7 The following are additional terms that may apply to you and can be found on our website:
-Our Privacy Policy, which sets out in detail how we collect, use and protect your personal data when you place an order with us or visit and use our website;
-Our Website Terms of Use, which govern how you may use our website; and
-Our Cookie Policy, which sets out information about the cookies on our website.
1.8 We recommend that you also read these carefully.
2. Who we are
2.1 We are YORU, a company registered in Hong Kong with the Hong Kong Chamber of Commerce under company number 25306710-000-07-25-5. Our registered office is located at 6E, Yee Tak Court, Tai Po Plaza, On Tai Road, Tai Po, New Territories, Hong Kong. In these Terms, references to "we," "us," or "our" refer to YORU.
2.2 Our VAT identification number is: 25306710.
2.3 If you wish to contact us, please do so by:
-Sending an email to info@yorunight.de ;
-Calling us on +49 15565641770
or
-Completing the contact form on our website.
3. Understanding these Terms
3.1 In these Conditions, the following words and expressions have the following meanings:
| Expression | definition |
|---|---|
| Fees | All fees, charges, costs and expenses payable to us under or in connection with the Contract. |
| Contract | The contract for the supply of Products between you and us, made in accordance with Condition 4.4. |
| Delivery location | The location specified in our order confirmation. |
| command | An order for products. |
| Order confirmation | Our written confirmation that we have accepted an order in whole or in part, as further described in Condition 4.4. |
| product | Pillows, mattresses, bedding and other accessories or any other product offered for sale on our website. |
| Conditions | These terms of delivery, as further defined in condition 1.1. |
| website | www.yournight.de |
3.2 A reference to:
-the singular includes the plural and vice versa, and the masculine includes the feminine and neuter and vice versa;
-a statute or statutory provision is a reference to how it is amended, extended or re-enacted from time to time;
-in writing or in writing excludes fax but includes email; and
-an English legal term for an action, remedy, method of legal proceedings, legal document, legal status, court, officer or legal concept shall, in relation to any jurisdiction other than England, include a reference to the closest equivalent English legal term in that jurisdiction.
4. Placing of order and contractual basis
4.1 You may place an order with us through our website. An order constitutes an offer by you to purchase the products listed in the order, subject to these Terms and Conditions.
4.2 Please check your order carefully and correct any errors before submitting it to us.
4.3 When you place an order with us, you must read and accept these Terms and Conditions. This does not mean that the order has been accepted by us. The order will only be accepted when we send you an Order Confirmation (see clause 4.4). Your order constitutes an offer to purchase products from us subject to these Terms and Conditions.
4.4 Our acceptance of an order will occur by sending you an email confirming acceptance of your order ( Order Confirmation ). At that point, a legally binding contract will be formed solely for the products listed in our Order Confirmation.
4.5 We may decide not to accept all or part of your order or to terminate the contract (at our discretion) in certain circumstances, including:
-If we are unable to take payment or verify your payment details to our satisfaction;
-If the product you have ordered is unavailable or out of stock;
-If you have not accepted these terms and conditions;
-If you are outside our delivery areas; or
-If there is an error in the pricing or description of the products.
4.6 In this case, we will notify you as soon as possible by email to the details you provided when placing your order and refund any amount you have paid for the products we are unable to supply. We reserve the right to refuse any order for any reason.
5. Product availability
5.1 All products in our order confirmation are subject to availability and we cannot guarantee that all products will be available at any given time.
5.2 In circumstances beyond our control, for example, due to a change in law, we may have to stop supplying certain products. If this occurs and affects products listed in our order confirmation, we will notify you by email, terminate the contract for the affected product, and refund any advance payments you have made for products not yet delivered.
6. Your rights to change an order
6.1 If you wish to make any changes to your order after submitting it to us, please contact us as soon as possible and we will let you know whether a change to the order is possible.
7. Our rights to change an order
7.1 We may make changes to the Products:
-To reflect changes in relevant laws and regulatory requirements; or
-To make minor technical adjustments and improvements, for example, to address a security risk.
7.2 We may suspend supply of the Products to:
- rectify technical problems or make minor technical changes; or
- update Products to reflect changes in relevant laws and regulatory requirements.
8. Products
8.1 On our website you will find everything you need to know about us and our products.
8.2 All illustrations, pictures, drawings, and descriptions on our website or in our advertisements, including packaging, are for illustrative purposes only and provide an approximate impression of the respective product. We do not guarantee that our products are suitable for any particular purpose.
8.3 We cannot guarantee that the colors displayed on your device will exactly match the appearance of your products. The colors of the products displayed on our website may vary depending on the device you use and your settings.
8.4 All sizes and measurements listed on our website are as accurate as possible. All information, tips, and the calculation tool available on our website are for guidance only.
8.5 Our products are provided to you solely for your personal and private use. You may not use them for any commercial, business, or resale purposes.
9. Delivery
9.1 Our courier service will deliver your products to the delivery location.
9.2 If no one is present to accept delivery, our courier may leave a delivery attempt notice at the delivery location. This will provide information on how to reschedule delivery or follow any delivery instructions you may have provided. This may include leaving the order in a designated safe location or delivering to a neighbor or nearby shop.
9.3 If delivery is unsuccessful after several attempts or we are unable to follow your delivery instructions, we reserve the right to:
-Cancel the order and refund the price of those Products (excluding delivery charges and any reasonable costs of re-delivery); or
-Incur additional delivery charges for each further attempt.
9.4 Please inspect the products as soon as possible after delivery and notify us of any defects or damage. We may only have 24 hours from the time of delivery to notify our courier of any defects or damage.
9.5 Once a product has been delivered to the delivery location, the risk passes to you and the product is deemed to be "delivered." This means that you are responsible for the product, and we are not liable for any theft or damage after delivery. However, ownership of the products will not pass to you until full payment has been received.
9.6 Delivery options and charges can be found on our website. Additional delivery charges may apply to remote areas, including Northern Ireland, the Isle of Wight, the Isle of Man, the Channel Islands, and other locations within the United Kingdom.
9.7 Your products will be delivered within the delivery time specified on our website or agreed with you. Delivery dates are estimates only and not guaranteed. We are not liable for delays caused by circumstances beyond our control, such as severe weather or accidents.
10. Fees and Payment
10.1 The prices for our products are listed on our website. The charges you pay will be confirmed in your order confirmation.
10.2 All prices are as follows:
-In pounds sterling (£) (GBP) for deliveries to the United Kingdom;
-Inclusive of VAT at the applicable rate; and
-Excluding delivery charges, which will be shown separately.
10.3 If the pricing of our products on the website is incorrect, we will contact you to confirm the correct price or offer you the option to cancel your order. If we are unable to contact you, the order will be deemed cancelled.
10.4 We accept the following payment methods:
Visa, Mastercard, American Express, Apple Pay, Google Pay, Maestro, Shop Pay, Union Pay, and PayPal.
Klarna, subject to Klarna's terms and availability.
10.5 All products must be paid for in advance. If we are unable to collect payment, we may cancel the order.
10.6 In the event of late payment, interest will accrue daily at a rate of 4% above the Bank of England base rate.
11. Your obligations
11.1 You are responsible for:
- Ensuring that the terms of your order are complete and accurate.
- Providing us with the accurate and complete information we need to fulfill your order.
- Cooperating with us in all matters relating to the Products, including ensuring that someone is available to accept delivery.
11.2 If the VAT rate changes between the order date and delivery, we will adjust the VAT accordingly, unless payment has already been made in full.
12. Your right to cancel your order
12.1 You have the right to cancel your order during the applicable cancellation period, which begins on the delivery date.
12.2 The cancellation period shall be at least 14 days from the delivery date. Longer periods apply to certain products; these will be communicated at the time of ordering.
12.3 To cancel your order:
-Visit our returns page at yorunight/pages/returns ;
-Email us at info@yorunight.de; or
-Call us on +49 15565641770.
13. Return of products
13.1 If you cancel an order and have received the products, you must return them within 14 days.
13.2 Products must be returned in new and unused condition and, if possible, with the original packaging and labels.
13.3 You may return the Products using our Returns Service (free of charge) or, at your own expense, using an alternative delivery method (unless the Products are faulty).
13.4 Refunds will be issued within 14 days of receipt of the returned products or proof of return.
14. Defective Products
14.1 Products must meet the following standards:
-Be as described;
-Be fit for purpose; and
-Be of satisfactory quality.
14.2 You are entitled to:
-A refund for defective products within 30 days;
-A repair, replacement, or refund within 6 months; and
-Partial compensation if products fail within a reasonable lifetime.
14.3 If you believe a product is faulty, please contact us immediately at info@yorunight.de with details and photographs of the problem.
15. Our liability to you
15.1 We are liable for foreseeable losses caused by our breach or negligence.
15.2 We are not responsible for:
-losses that were not foreseeable at the time the contract was made;
-losses not caused by our breach or negligence; or
-business-related losses.
15.3 We do not exclude liability for death or personal injury resulting from our negligence or fraud.
16. Applicable law and place of jurisdiction
16.1 These Terms are governed by German law. You retain the protection of any mandatory laws of your country of residence.
16.2 Disputes shall be subject to the non-exclusive jurisdiction of the courts of Germany or the courts of your place of residence.