AGB DE

GENERAL BUSINESS

CONDITIONS


General terms and conditions of YQU GmbH


As of: 03/2022


General terms and conditions and consumer information within the framework of purchase contracts concluded via the online shop between YQU GmbH - hereinafter "seller" - and the customer - hereinafter "buyer".


§1 Scope and general information

(1) Subject to individual agreements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.


(2) The customer is a consumer if he concludes the contract for purposes that cannot predominantly be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any 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.


§2 Conclusion of contract

(1) The contract comes into effect with:

YQU GmbH

Anna Ruckaberle

Oberkircher Str. 16/1

D-71034 Böblingen

Registration number: HRB 778268

Register court Stuttgart district court


(2) The essential characteristics of the goods result from the respective product description provided by the seller.


(3) The presentation of the goods in our online shop 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 makes a binding offer to conclude a purchase contract. Once the seller has received the customer's order, a confirmation of the order will be sent to the customer, usually by email (order confirmation). The ordering process in the online shop 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. Using the “Buy now” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the entered order and the entered data at any time using the browser functions "Back" and "Next" shown as arrow buttons. The application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the “Accept Terms and Conditions” button and thereby included them in their application. The seller 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 seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the order confirmation, which is sent in a separate email.

§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 as part of the order and mentioned in the order and/or order confirmation at the final prices stated in the online shop. Errors and errors are reserved there, especially with regard to the availability of goods.


(2) The nature of the goods ordered can be found in the product descriptions in the online shop. Illustrations on the website may only reflect the products inaccurately; Colors in particular can vary significantly 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 contain the usual deviations. The characteristics described here do not represent defects in the products delivered 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 will inform the customer of this in writing by email. If the product is permanently unavailable, the seller will not issue 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 seller will also inform the customer of this immediately and confirm the order. If delivery is delayed by 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. Payments already made by the customer will be refunded immediately.


§4 Delivery, prices, shipping costs


(1) Delivery to the shipping company takes place no later than four working days after receipt of money. The delivery time is up to five working days. The seller will point out any different delivery times on the respective product page.


(2) Delivery takes place within the European Union and Switzerland.


(3) All item prices include statutory VAT. The prices stated are final sales prices plus shipping costs. The customer receives an invoice showing VAT.


§5 Transport damage


(1) If goods are delivered with obvious transport damage, the customer is asked to complain about these errors immediately to the delivery person and to contact the seller as quickly as possible.


(2) Failure to make a complaint or contact us has no consequences for the customer's statutory warranty rights, but helps the seller to be able to assert his own claims against the carrier or the transport insurance.


§6 Payment


(1) Payment is made by advance payment (PayPal, bank transfer, credit card, advance payment).


§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 provider is liable for material defects in accordance with the applicable legal regulations, in particular §434 ff. BGB.


(2) A guarantee only exists for the goods delivered by the provider if this was expressly stated in the order confirmation for the respective item.


(3) You can submit complaints and claims for liability for defects to the address specified in the provider identification.



§9 Right of withdrawal

(1) The customer has the right to revoke the concluded contract within fourteen days without giving reasons.


(2) The cancellation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier takes possession of the goods.


(3) In order to exercise the right of withdrawal, the customer must inform the seller by name

YQU GmbH

Anna Ruckaberle

Oberkircher Str. 16/1

D-71034 Böblingen

inform you of your decision to withdraw from the concluded contract by means of a clear written statement (by post or email). The customer can use the model cancellation form available on the website, although this is not mandatory.


(4) Consequences of revocation: After revocation of the contract, the seller must immediately and at the latest within fourteen days from the day on which notification of the revocation of the contract was received by the seller, all payments received from the buyer . The same payment method as when ordering will be used for the refund.


(5) The seller can refuse 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 cancellation. The deadline is met if the customer sends the goods before the fourteen day period has expired.


(7) The customer bears the direct costs of returning the goods.


§10 Liability


The legal regulations apply.


§11 Contract text


The contract text is saved on the seller's internal system. The customer can view the general terms and conditions at any time. The order details are sent to the customer by email. After completing the order, the order details can be seen in the customer account.


§12 Final provisions


(1) The contract language is German.


(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law only applies to consumers to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn from the customer.


(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 seller's registered office. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his place of residence or habitual residence is not known at the time the action is filed.


(end of terms and conditions)


Sources:

https://rechtsanwalt-metzler.de/wp-content/uploads/2018/03/Webshop-AGB-Stand_092011.pdf

https://www.agb.de/gratis-agb/suche


STILL QUESTIONS?

49 151 57213 003

Mon-Fri: 9:00 a.m. - 7:00 p.m

Sat: 9:00 a.m. - 2:00 p.m

info@yqu.de

You will find answers to many of your questions here.

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