GENERAL BUSINESS CONDITIONS (GTC)
Section 1 Scope
(1) The following terms and conditions are part of any contract between YO Production GmbH, Burggasse 15, Graz, Austria, company registration number: 01- 09-354812, UID/VAT: HUOCCSZ.01-09-354812, firstname.lastname@example.org (‘YOW’) and the customer. With each order, these Terms and Conditions come into force.
(2) YOW provides its services exclusively based on these terms and conditions.
Section 2 General
(1) Presentation of goods and services, on the Internet, does not yet constitute a binding offer from YOW. The customer can select and order products and services from the offer at any time.
(2) YOW sells products – the entire processing including the payment and delivery terms are regulated in these GtC, on the other hand YOW uses services from third parties, for example payment services in the course of the ordering process and YOW only acts as an intermediary in the mediation of services for third parties, the contract is concluded with the respective service provider, and applies to these orders and brokerage processing in addition to these GTC for the service providers the respective GTC of the service provider.
(3) The language used for the conclusion and execution of this Agreement is the English language unless the respective language of the customer is used separately on the documents and the website for information or order procedures.
Section 3 Data protection declaration
(1) By filling in and submitting an order form or a web form, the customer transmits personal data to YOW. YOW stores the entered order data and personal data in accordance with the provisions of the applicable data protection law.
(2) For the purpose of fulfilling the contract in the case of product orders, the personal data of the customer will be forwarded to the respective companies or forwarders, insofar as this is necessary for the delivery of the goods.
(3) For the purpose of fulfilling the contract for services, the customer’s personal data will be forwarded to the service provider insofar as this is necessary for the fulfilment of the order.
(4) In addition to the afore mentioned performance of the purpose, data of the customer will not be forwarded or made available to third parties, unless this must be done by law or government order.
Section 4 Terms of Delivery /Delivery Costs
(1) Unless otherwise agreed in writing, delivery shall take place as soon as possible after the customer has placed an order and received payment on working days Monday to Friday, excluding public holidays.
(2) Delivery is only made with full payment.
(3) If re-bookings are made in the case of credit card payments or bank debits or other payment methods and the goods or services have already been delivered, these goods shall remain the property of YOW until full payment has been made.
(4) Shipping and customs costs are not included in the product price and are calculated and broken down separately in the order process unless these are listed as included in the product description.
Section 5 Terms of Payment
(1) The possible payment options and, if applicable, additional costs, for example with PayPal, may vary depending on the orders of products and services. In the order process, only the respective possible payment variants are offered.
(2) YOW undertakes to use the relevant data exclusively for the purpose of payment processing and to store it only for this purpose. By selecting the above-mentioned payment method, the customer agrees to the transmission of the data to third parties entrusted with payment processing.
(3) In the event of a delay in payment by a customer, the customer undertakes to pay the resulting reminder fees as well as interest in the amount of 12% p.a. As a result, a debt collection institution or lawyer may be entrusted with the recovery of claims, including the enforcement of debts by the courts. In addition to the aforementioned costs, all costs incurred by the debt collection institution or lawyer or by judicial recovery and invoiced to us shall be borne by the customer culpably in default of payment, provided that these costs are appropriate and necessary for appropriate legal proceedings, and the customer agrees to forward his data to them.
4. Payments shall be credited first against interest and costs.
(5) All prices are to be understood including the statutory value added tax, unless separately shown as exclusive VAT.
(6) If the customer has not provided a VAT / UID number for orders, the customer expressly confirms to buy either as a private individual or as a small business owner with a flat rate, and the customer is fully responsible for the orderly taxation itself in the case of small business regulations.
Section 6 Retention of title
(1) The goods remain the property of YOW until full payment has been made.
Section 7 Revocation Notice / Right of Withdrawal / Consequences of Revocation
(1) As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The period begins from the day of placing the order and
with instruction about the right of withdrawal, GTC available on the YOW website, at least with receipt / transmission of these GTC as order confirmation by e-mail with a summary of the order and transmission of the GTC. In order to comply with the time limit, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) In order über to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail).
(3) Since YOW’s goods are sealed and located in the hygiene sector, they are not suitable for return for hygiene or health reasons if their seal has been removed after delivery.
(4) If you withdraw from this contract, you must return or hand over the goods received to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract – in full, unused, and in their original packaging. You bear the direct costs of returning the goods.
(5) If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery chosen offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in no case will you be charged any fees for this repayment.
(6) We may refuse the refund until we have received the goods back.
(7) You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking
the nature, characteristics and functioning of the goods.
(8) Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
– To (name, address, fax, e-mail)
– I/we (*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of communication on paper)
(*) Inaccurate deletion
Section 8 Warranty, Limitation of Liability
(1) With regard to the warranty, the governmental regulations apply.
(2) The liability shall be limited to the damage typical of the contract and to the average damages typical of the contract, except in the case of intentional or grossly negligent conduct or damage resulting from injury to life, body and health. This also applies to indirect consequential damages, such as in particular lost profits.
(3) The limitations of liability also apply in favor of YOW’s employees and vicarious agents.
(4) Claims for liability under the Product Liability Act remain unaffected.
Section 9 Final Provisions
(1) The law of the Republic of Hungary shall apply to the Sale of Goods.
2. Consumers may also rely on the law of the Country in which they reside, irrespective of the specific choice of law.
(3) If the customer is a merchant, the place of performance is the registered office of YOW and the court in Hungary exercising the commercial jurisdiction is responsible for any disputes arising from this contract.
(4) As of 15.02.2016, the European Commission has established an internet platform for online dispute resolution. This is intended to enable consumers and retailers to resolve disputes relating to online purchase contracts or online service contracts easily, efficiently, quickly and out of court. The platform can be http://ec.europa.eu/consumers/odr viathepage.
We prefer the direct clarification of your concerns and do not participate in consumer arbitration procedures. In the circumstances, please contact email@example.com.
Terms and conditions valid from 11.5.2020