Terms of service
General Terms and Conditions of YQU GmbH
Status: 07/2024
General Terms and Conditions and consumer information in the context of purchase contracts concluded via the online store between YQU GmbH - hereinafter referred to as “Seller” - and the customer - hereinafter referred to as “Buyer”.
§1 Scope of application and general information
(1) Subject to individual arrangements and agreements which take precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.
(2) The customer is a consumer if he concludes the contract for purposes that cannot be attributed primarily to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
§2 Conclusion of contract
(1) The contract is concluded with:
YQU GmbH
Anna Ruckaberle
Oberkircher Str. 16/1
D-71034 Böblingen
Register number: HRB 778268
Register court Stuttgart Local Court
(2) The essential characteristics of the goods are set out in the respective product description posted by the seller.
(3) The presentation of the goods in our online store does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract. As soon as the seller has received the customer's order, a confirmation of the order is sent to the customer, usually by e-mail (order confirmation). The order process in the online store works as follows:
(4) The customer can select products from the seller's range and collect them using the “Add to shopping cart” button. By clicking on the “Shopping cart” button, the customer receives an overview of the selected products. By clicking the “Buy now” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time by using the browser functions “Back” and “Next” displayed as arrow keys to change the order entered and the data entered. The application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, 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 merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller issues the order confirmation, which is sent in a separate e-mail.
§3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract is the goods specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the online store. Errors and mistakes therein are reserved, in particular with regard to the availability of goods.
(2) The quality of the goods ordered is determined by the product descriptions in the online store. Images on the website may not accurately reflect the products; colors in particular may vary considerably for technical reasons. Images are for illustrative purposes only 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 characteristics described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in writing by e-mail. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately and in the order confirmation. In the event of a delay in delivery of more than four weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, any payments already made by the customer will be refunded immediately.
§4 Delivery, prices, shipping costs
(1) Delivery to the shipping company shall take place no later than four working days after receipt of payment. The delivery time is up to five working days. The seller shall indicate any deviating delivery times on the respective product page.
(2) Delivery takes place within the European Union and Switzerland.
(3) All item prices include the statutory value added tax. The prices quoted are retail prices plus shipping costs. The customer will receive an invoice with VAT shown.
§5 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.
§6 Payment
(1) Payment shall be made in advance (PayPal, bank transfer, credit card, prepayment).
§7 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§8 Warranty for material defects
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §434 ff. BGB.
(2) A guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
(3) Complaints and claims for liability for defects can be made at the address given in the supplier identification.
§9 Right of withdrawal
(1) The customer has the right to cancel the concluded contract within fourteen days without giving reasons.
(2) The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
(3) In order to exercise the right of withdrawal, the customer must notify the seller, namely
YQU GmbH
Anna Ruckaberle
Oberkircher Str. 16/1
D-71034 Böblingen
by means of a clear written declaration (by post or e-mail) of your decision to withdraw from the concluded contract. The customer can use the sample withdrawal form available on the website, but this is not mandatory.
(4) Consequences of revocation: After the revocation of the contract, the seller must recover all payments that he has received from the buyer immediately and at the latest within fourteen days from the day on which the notification of the revocation of the contract was received by the seller. The same means of payment used for the order shall be used for the repayment.
(5) The seller may refuse to make the repayment until the goods are back in the seller's possession or proof of return has been provided.
(6) The customer must return or hand over the goods to the seller immediately and at the latest within fourteen days from the day on which the customer informed the seller of the revocation. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
(7) The customer shall bear the direct costs of returning the goods.
§10 Liability
The statutory provisions apply.
§11 Text of the contract
The text of the contract is stored on the seller's internal system. The customer can view the General Terms and Conditions at any time. The order data will be sent to the customer by e-mail. After completion of the order, the order data can be viewed in the customer account.
§12 Final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer to the exclusion of the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(3) 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 seller is the registered office of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought.
(End of the GTC)
Sources:
https://rechtsanwalt-metzler.de/wp-content/uploads/2018/03/Webshop-AGB-Stand_092011.pdf
https://www.agb.de/gratis-agb/ergebnis