Terms & Conditions
Terms and Conditions (GTC)
Stand: 09 / 2011
General terms and conditions and consumer information in the context of sales contracts that are concluded via the webshop between YLKgood.de - hereinafter referred to as "provider" - and the customer - hereinafter referred to as "customer".
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements that take precedence over these terms and conditions, the following general terms and conditions in the version valid at the time of the order apply to the business relationship between the provider and the customer. Conflicting terms and conditions of the customer expressly do not apply unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) All offers in the provider's web shop are only a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the provider has received the customer's order, the customer first receives a confirmation of his order from the provider, usually by email (order confirmation). This does not yet represent the acceptance of the order. After receipt of his order, the provider will check it at short notice and inform the customer within 2 working days whether he will accept the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within 2 working days. The ordering process in the provider's web shop works as follows:
(2) The customer can select products from the provider's range and collect them in a so-called shopping cart using the “add to shopping cart” button. By clicking the “Submit order” button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and thereby included them in his application.
(3) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate email.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices specified in the web shop. Errors and mistakes are reserved, especially with regard to the availability of goods.
(2) The quality of the goods ordered results from the product descriptions in the web shop. Images on the website may only show the products inaccurately; in particular colors can vary considerably for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the provider.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. He will immediately reimburse any payments already made by the customer.
§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 delivery, prices, shipping costs
(1) Delivery (delivery to the shipping company) takes place immediately after receipt of the payment (in the case of bank transfer as the payment method), otherwise immediately after the order confirmation has been sent.
(2) All prices stated on the provider's website include the applicable statutory value added tax.
(3) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer. From an order value of 50,00 EUR, the supplier delivers free of charge to the customer.
(4) The goods are dispatched by post. If the customer wishes insured shipping, he must include this in his application by selecting the appropriate shipping method. The resulting additional costs are specified in the order form and are to be borne by the customer.
§ 6 Payment modalities, offsetting and right of retention
(1) The customer can pay by direct debit, credit card or cash on delivery.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
(4) The customer can only offset counterclaims that have been determined by a court, are undisputed or have been recognized in writing by the provider. The customer can only exercise a right of retention if the underlying claims arise from the same contractual relationship.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) There is only a guarantee for the goods delivered by the provider if this was expressly given in the order confirmation for the respective article.
Section 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents .
(2) In the event of a breach of essential contractual obligations within the meaning of Paragraph 1, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage resulting from injury to life or body or health.
(3) Essential contractual obligations within the meaning of paragraph 1 are liability for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customer can regularly rely.
(4) The restrictions of Paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(5) The provisions of the Product Liability Act remain unaffected.
§ 9 right of withdrawal of the consumer
(1) If the customer is a consumer and he has concluded a contract with the provider using only remote means of communication, in particular by telephone, email or fax, or via the provider's website, he has the right of withdrawal described below.
(2) The customer must bear the costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of EUR 40 or if the customer has not yet received a higher price for the goods at the time of the cancellation has provided the consideration or a contractually agreed partial payment. Exceptionally, there is no right of withdrawal
- if the customer has acquired the products purchased from the provider for the purpose of his commercial or independent professional activity (in this case the customer is not a consumer),
- for products that have been individually manufactured for the customer according to the customer's specifications or clearly tailored to his personal needs (custom-made products),
- in the case of perishable products and products whose use-by date has passed,
- in the case of sealed data carriers with audio and video recordings or with software, if the data carrier has been unsealed by the customer,
- in newspapers, magazines and magazines.
- Right of withdrawal -
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB as well as our obligations according to § 312g Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
Consequences of revocation In the case of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part, or if you can only return it in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the regular costs of the return, if the delivered goods correspond to the ordered ones and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as a parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
- End of revocation -
10 § Notes on Data
(1) The provider collects customer data as part of the processing of contracts. He observes the statutory provisions. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of teleservices.
(2) Without the customer's consent, the provider will not use the customer's data for purposes of advertising, market research or opinion polls.
(3) The customer has the option at any time to call up the data he has saved under the "My data" button in his profile, to change or delete it. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form on the provider's website at any time using the "Data protection" button. § 11 Final provisions (1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. (2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office. (3) The contract remains binding in its remaining parts even if individual points are legally ineffective.