Young
Tomorrow

Terms of Service

Important: This is an English translation provided for your convenience. The Dutch version (Algemene Voorwaarden) is the legally binding version of these terms. In case of any discrepancy between this translation and the Dutch original, the Dutch version shall prevail. These terms are governed by Dutch law.

Article 1 – Definitions

  1. Young Tomorrow, established in Beneden-Leeuwen, Chamber of Commerce number 93349882, is referred to in these general terms and conditions as the seller.
  2. The counterparty of the seller is referred to in these general terms and conditions as the buyer.
  3. Parties refers to the seller and buyer together.
  4. The agreement refers to the purchase agreement between the parties.

Article 2 – Applicability of General Terms and Conditions

  1. These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
  2. Deviation from these terms and conditions is only possible if expressly and in writing agreed upon by the parties.

Article 3 – Payment

  1. The full purchase price is always paid immediately in the webshop, unless the parties have agreed otherwise in writing. For services and custom work, the seller may require a down payment of at least 25% of the total project sum prior to the start of work.
  2. If the parties have agreed on payment in installments, the installments and amounts shall be recorded in the quotation or agreement.
  3. If the buyer does not pay on time, they are in default. The seller is then entitled to suspend all work and deliveries until full payment is received, without this making the seller liable for any delays.
  4. If the buyer remains in default, the seller will proceed with collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
  5. In case of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the seller's claims against the buyer become immediately due and payable.
  6. If the buyer refuses to cooperate in the execution of the assignment by the seller, they are still obliged to pay the agreed price to the seller.

Article 4 – Offers, Quotations, and Pricing

  1. Offers are non-binding, unless a period for acceptance is stated in the offer. If the offer is not accepted within the stated period, the offer lapses.
  2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless the parties have expressly and in writing agreed otherwise.
  3. Offers and quotations do not automatically apply to repeat orders. The parties must expressly and in writing agree on this.
  4. The price stated in offers, quotations, and invoices consists of the purchase price including VAT and any other government levies.

Article 5 – Right of Withdrawal

  1. The consumer has the right to cancel the agreement within 14 days after receipt of the order without giving any reason. The period starts from the moment the entire order has been received by the consumer.
  2. There is no right of withdrawal when products are made to specifications or are perishable.
  3. The right of withdrawal does not apply to digital content (such as downloads, software, or licenses) if the consumer has expressly consented to the commencement of performance during the reflection period and has acknowledged that they thereby lose their right of withdrawal.
  4. When purchasing digital products, the consumer is informed prior to delivery about the lapse of the right of withdrawal and must expressly consent to this.
  5. The consumer may use a withdrawal form from the seller. The seller is obliged to make this available to the buyer upon request.
  6. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the unused and undamaged product with all delivered accessories and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
  7. If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
  8. The seller will refund the purchase amount including original shipping costs within fourteen (14) days after receipt of the returned products, provided the products have been returned unused, undamaged, and in original packaging.
  9. The seller may wait to refund until the products have been received or until the consumer has demonstrated that the products have been returned.

Article 6 – Amendment of the Agreement

  1. If during the execution of the agreement it appears necessary for proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and by mutual consultation.
  2. If the parties agree that the agreement is to be amended or supplemented, the time of completion of performance may be affected. The seller will inform the buyer of this as soon as possible.
  3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing beforehand.
  4. If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement results in an exceeding of this price.
  5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the amendment or supplement is the result of circumstances attributable to them.

Article 7 – Delivery and Transfer of Risk

  1. Once the purchased item has been received by the buyer, the risk of physical products transfers from seller to buyer.
  2. For software and digital services, an acceptance period of fourteen (14) days after delivery applies, unless otherwise agreed in writing.
  3. The buyer is required to test the software during the acceptance period for the agreed specifications and functionalities. Defects must be reported in writing and in detail within this period.
  4. Software is deemed to be accepted if: (a) the buyer confirms this in writing, (b) the buyer puts the software into production, or (c) the acceptance period expires without written notification of defects.
  5. After acceptance, the risk transfers to the buyer and the software is delivered in the state it is in at that time ('as-is').

Article 8 – Complaints About Delivered Physical Products

  1. The buyer is required to inspect the delivered goods at the time of delivery, or in any case within the shortest possible period. The buyer should examine whether the quality and quantity of the delivered goods correspond to what the parties agreed upon, or at least that the quality and quantity meet the requirements applicable in normal (commercial) practice.
  2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing by the buyer to the seller within 10 working days after the day of delivery of the goods.
  3. If the complaint is found to be justified within the stated period, the seller has the right to either repair, redeliver, or refrain from delivery and send the buyer a credit note for that part of the purchase price.
  4. Minor and/or industry-standard deviations and differences in quality, quantity, size, or finish cannot be held against the seller.
  5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
  6. No complaints will be accepted after the goods have been processed by the buyer.

Article 9 – Samples and Models

  1. Displayed or provided samples, models, or images serve only as an indication. The delivered product may deviate from these, unless it has been expressly agreed in writing that the product will exactly match the displayed sample.

Article 10 – Delivery

  1. Delivery of physical products is made in the agreed manner. Any shipping or delivery costs are borne by the buyer, unless otherwise stated.
  2. The buyer is obliged to take delivery of the goods at the time the seller delivers or has them delivered to them, or at the time the goods are made available to them according to the agreement.
  3. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the expense and risk of the buyer.
  4. If the seller needs data from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this data available to the seller.
  5. A delivery period specified by the seller is indicative. This is never a strict deadline. In case of exceeding the period, the buyer must give the seller written notice of default.
  6. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. The seller is entitled to invoice these parts separately when delivering in parts.

Article 11 – Services

  1. The scope and content of the services to be provided are recorded in a written agreement or quotation. The seller will perform the services to the best of their insight and ability.
  2. Unless expressly agreed otherwise in writing, the seller has an obligation of effort and not an obligation of result.
  3. Stated deadlines for the performance of services are indicative, unless the parties have expressly and in writing agreed otherwise.
  4. The buyer is required to provide all data and information necessary for the performance of the services to the seller in a timely manner. The buyer guarantees the accuracy and completeness of this data.
  5. After delivery of services (with the exception of software and digital services, for which Article 7 applies), the buyer has a period of 14 days to report any defects in writing. If the buyer does not report any defects within this period, the services are deemed to have been accepted.
  6. Changes to the assignment or additional work must be agreed upon in writing. The seller is entitled to charge additional costs for this.

Article 12 – Software and Digital Services

  1. After acceptance (in accordance with Article 7), the software is considered delivered in the state it is in at that time ('as-is'). The seller does not guarantee that the software is entirely free of defects.
  2. For three (3) months after acceptance, the seller will repair defects (bugs) that materially impair the normal functioning of the software. Adding new functionalities is not included and can be agreed upon separately.
  3. If agreed, the seller can provide support and maintenance at terms and rates to be further agreed upon.
  4. Unless otherwise agreed in writing, all intellectual property rights to the developed software remain with the seller. The buyer obtains a right of use for the agreed purposes.
  5. Unless expressly agreed otherwise in writing, the source code of developed software remains the property of the seller. The buyer only obtains a right of use for the compiled or working version of the software.
  6. Transfer of source code, if agreed, only takes place after full payment of all invoices. The seller may charge an additional fee for the transfer of source code.
  7. If the source code is transferred to the buyer, the seller is from that moment no longer responsible for fixing bugs, providing updates, or performing maintenance on the software — unless separate written agreements have been made about this.
  8. The buyer is not entitled to decompile, reverse engineer, or otherwise derive the source code, unless permitted by law.
  9. Software may contain third-party components. The buyer is responsible for complying with the license terms of these components, insofar as the seller has communicated these.
  10. If hosting or infrastructure is part of the service, the responsibilities and liabilities for this will be agreed upon separately.

Article 13 – SaaS and Subscriptions

  1. This article applies to all software-as-a-service (SaaS) services and subscriptions offered by the seller.
  2. The seller aims for an availability of the SaaS service of 99% on an annual basis, measured excluding planned maintenance. Planned maintenance is announced at least 48 hours in advance via email or the platform.
  3. The seller is entitled to temporarily take the SaaS service out of operation for maintenance, updates, or improvements. The seller endeavors to do this as much as possible outside business hours.
  4. Subscriptions are entered into for the agreed period and are automatically renewed for the same period after expiration, unless the buyer cancels the subscription with a notice period of one (1) month before the end of the current period.
  5. Cancellation of subscriptions must be done in writing or by email.
  6. After cancellation of the subscription, the buyer has until the end of the current subscription period to export their data. After termination of the subscription, the seller is entitled to delete all of the buyer's data without further notice.
  7. The seller is not liable for damage resulting from unavailability of the service, unless there is intent or gross negligence.

Article 14 – Price Changes

  1. The seller is entitled to adjust the prices of subscriptions and ongoing services annually.
  2. Price changes are announced in writing or by email at least two (2) months before the effective date.
  3. If the price increase is more than 10%, the buyer has the right to cancel the subscription effective on the date the price change takes effect. Cancellation must be made within fourteen (14) days after announcement of the price change.
  4. Price changes resulting from legal measures, such as VAT increases, may be implemented immediately.

Article 15 – Advice and Consultancy

  1. Advice is given based on the information provided by the buyer. The seller may assume the accuracy and completeness of this information.
  2. The decision whether or not to follow advice and the manner of implementation remains at all times the responsibility of the buyer.
  3. The seller does not guarantee that following advice will lead to a particular result. The seller has an obligation of effort to provide high-quality advice.
  4. The parties are obliged to maintain confidentiality of all confidential information they have obtained from each other in the context of the agreement. This obligation also applies after termination of the agreement.

Article 16 – Force Majeure

  1. If the seller cannot fulfill their obligations under the agreement, cannot do so on time, or cannot do so properly due to force majeure, they are not liable for damages suffered by the buyer.
  2. Force majeure includes in any case any circumstance that the seller could not have taken into account at the time of entering into the agreement and as a result of which normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, civil war and riots, molestation, sabotage, terrorism, energy failure, flooding, earthquake, fire, business occupation, strikes, lockouts, changed government measures, transport difficulties, and other disruptions in the seller's business.
  3. Force majeure also includes the circumstance that suppliers on whom the seller depends for the execution of the agreement do not fulfill their contractual obligations to the seller, unless this is attributable to the seller.
  4. If a situation as referred to above occurs as a result of which the seller cannot fulfill their obligations to the buyer, those obligations are suspended as long as the seller cannot fulfill their obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
  5. If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 17 – Transfer of Rights

  1. Neither party may transfer rights or obligations under the agreement to a third party without the prior written consent of the other party. This means, for example, that the buyer cannot resell or transfer the right to a service or product to someone else without consent.

Article 18 – Retention of Title and Right of Retention

  1. Goods present at the seller and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke their retention of title and take back the goods.
  2. If the agreed advance payments are not or not timely made, the seller has the right to suspend work until the agreed part has been paid. This constitutes creditor default. A late delivery cannot in that case be held against the seller.
  3. The buyer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
  4. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement.
  5. In case of liquidation, insolvency, or suspension of payment of the buyer, the buyer's obligations become immediately due and payable.

Article 19 – Liability

  1. Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance policy(ies) taken out.
  2. If no payment is made by the insurer, the liability is limited to a maximum of the invoice amount for the relevant assignment, with a maximum of €5,000 per event or series of related events.
  3. The liability limitations in this article do not apply if the damage is the result of intent or deliberate recklessness on the part of the seller.

Article 20 – Duty to Complain

  1. The buyer is obliged to report complaints about the work performed directly to the seller. The complaint must contain as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.
  2. If a complaint is justified, the seller is obliged to repair and possibly replace the goods.

Article 21 – Warranties

  1. For physical products, a warranty period of two (2) years after receipt applies. The seller guarantees that the product conforms to the agreement, functions without defects, and is suitable for the use that the buyer intends to make of it.
  2. For software, downloads, and digital products, a warranty period of three (3) months after acceptance applies, limited to the repair of defects that materially impair normal functioning.
  3. If the seller fails to honor a warranty, the seller is liable for the consequences thereof, regardless of whether the cause can be attributed to the seller.
  4. The warranty does not apply when the defect has arisen as a result of improper or inappropriate use, or when – without permission – the buyer or third parties have made or attempted to make changes, or have used the product for purposes for which it was not intended.
  5. If the warranty provided by the seller relates to a product manufactured by a third party, the warranty is limited to the warranty provided by that manufacturer.

Article 22 – Intellectual Property

  1. The seller retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) on all products, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing.
  2. The buyer may not copy, show to third parties and/or make available, or otherwise use the said intellectual property rights without the prior written permission of the seller.

Article 23 – Amendment of General Terms and Conditions

  1. The seller is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance may be made at any time.
  3. Major substantive changes will be discussed with the buyer as much as possible in advance.
  4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Article 24 – Applicable Law and Competent Court

  1. Dutch law exclusively applies to every agreement between the parties.
  2. For business customers (B2B), the Dutch court in the district where the seller is established has exclusive jurisdiction to hear any disputes between the parties.
  3. For consumers (B2C), disputes may be submitted to the court that has jurisdiction according to the law. Consumers may therefore choose the court in their own place of residence.
  4. The applicability of the Vienna Sales Convention is excluded.
  5. If in legal proceedings one or more provisions of these general terms and conditions are deemed unreasonably onerous, the other provisions remain in full force.

Article 25 – Consumer Rights and Dispute Resolution

  1. If the buyer is a consumer within the meaning of the Dutch Civil Code, the provisions of consumer law prevail over any deviating provisions in these general terms and conditions. Provisions that conflict with mandatory consumer law do not apply to consumers.
  2. Consumers who have a complaint about a product or service may contact the European Online Dispute Resolution (ODR) platform. This platform can be found at: https://ec.europa.eu/consumers/odr.
  3. Before submitting a dispute to a dispute resolution body or court, we ask consumers to first contact us so that we can jointly seek a solution.

These general terms and conditions are effective as of January 6, 2025.