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General Terms and Conditions
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This translation is just of indicative character. German version of legal text applies. Full version in German can be viewed in section “Allgemeine Geschaeftsbedingungen”
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Terms and Conditions
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
According to Geman law a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
The contract text is not stored by us.
4. Terms of Delivery
Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
5. Payment
The following payment methods are generally available in our shop, the actual availability of which may vary:
Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPalPlus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer you the following payment options as PayPal services. Unless otherwise regulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information for the respective payment option and in the ordering process.
PayPal
In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order.
Credit card through PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due after dispatch of the goods and receipt of the invoice.
Klarna credit card
In the ordering process you enter your credit card details. Your card will be charged by Klarna immediately after placing the order. There is no address or credit check.
Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called pre-notification). The account will be debited after the goods have been shipped.
Molly
In cooperation with the payment service provider Mollie B.V., Keizersgracht 126, 1015CW Amsterdam, Netherlands (“Mollie”), we offer you the following payment options. Unless otherwise stipulated below, payment via Mollie requires a successful address and credit check and is made directly by Mollie. Further information can be found in the respective payment option and in the ordering process.
iDEAL (via Mollie)
iDEAL is a standard payment method for Dutch customers. It enables secure online payments directly between bank accounts. If you choose to pay via iDEAL, Mollie will redirect you to one of the Dutch participating banks. Here you have the familiar online banking page of your bank where you can make the transfer.
Card (VISA / MASTERCARD / AMEX) (via Mollie)
During the ordering process you provide your credit card details. Your card will be charged by Mollie or its partners immediately after you place your order. The decision regarding individual address and creditworthiness checks is made by Mollie using its own algorithms.
eps (via Mollie)
Electronic Payment Standard (eps) is a payment method developed jointly by several Austrian banks and is a standard payment method for Austrian customers.
If you choose to pay via eps, Mollie will redirect you to a central bank selection list. After selecting your bank, you will be connected to the corresponding online banking. After successful registration and approval via TAN or electronic signature, the amount due will be transferred from your account to Mollie’s account.
Giropay (via Mollie)
giropay is the online payment method used by German banks and savings banks.
If you choose giropay to pay, Mollie will redirect you to the “giropay login” in the next step. Then log in with your username and password and confirm the purchase. The money is deducted directly from your checking account.
6. Right of Withdrawal
Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment. The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Damage in transit
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.
9. Warranty and Guarantees
9.1 Right to Liability for Defects
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health in the event of intentional or grossly negligent breach of duty or fraudulent intent in the event of a breach of essential contractual obligations, the fulfillment of which is proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or if the scope of application of the Product Liability Act is opened. Restrictions in relation to entrepreneurs In relation to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Warranties and After-Sales Service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number 491773316478 or by e-mail at info@yadeal.de
10. Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, limb or health, in the case of intentional or grossly negligent breach of duty, in the case of promises of guarantees, if agreed, or if the scope of application of the Product Liability Act. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
General terms and conditions created with the Trusted Shops Rechtstexter