Terms and Conditions
General terms and conditions of business
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
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 PARTIES, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES
The purchase contract is concluded with YPSI GmbH.
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
We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
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.
The following payment methods are generally available in our shop:
In the ordering process you enter your credit card details. Your card will be charged immediately after placing the order.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
Immediately 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.
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
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 14 days after dispatch of the goods and receipt of the invoice.
Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is EUR 6.95.
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.
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.
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. 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 freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
8. WARRANTY AND GUARANTEES
Validity of the statutory 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 case of intentional or grossly negligent breach of duty and fraudulent intent
* in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* as part of a guarantee promise, if agreed, or
* as far as the area of application of the Product Liability Act is open.
Restrictions on Consumers
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
Restrictions on Entrepreneurs
With regard 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 sale of used goods takes place with the exclusion of any warranty. 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.
Guarantees 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.
We are always fully liable for 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,
* in the case of a promise of guarantee, if agreed, or
* as far as the area of application of the Product Liability Act is open.
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.
10. CODE OF CONDUCT
We have submitted to the following codes of conduct:
* Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf [https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf])
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. 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.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Terms and Conditions created with the Trusted Shops [https://legal.trustedshops.com/] legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].