Terms of service
These general terms and conditions apply in the version valid at the time of the conclusion of the contract for all business relationships between us (the Youbag Munich GmbH, Tal 44, 80331 Munich, represented by their managing directors: Ms. Alessandra Elkins, Mr. Bernd Ostwald, Ms. Marion Puch) and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract Agreement
The contract language is German.
1.3 Conclusion of the contract
The presentation of the range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of two steps. In the first step, you select the desired goods and, if necessary, adjust them according to your wishes using our configurator. In the second step, enter your data including the billing address and, if applicable, a different delivery address, check your order and select the desired payment method or make the necessary entries before you confirm your order by clicking on the "Order subject to payment" button. With the order you declare your binding contract offer. We will immediately confirm receipt of the order. The confirmation of receipt does not yet constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notification of the dispatch of the goods. The contract is only concluded with the acceptance.
1.4 Storage of the contract text
The text of the contract will be saved by us and sent to you in text form (e.g. email, fax or post) after your order has been sent, along with the present terms and conditions and customer information. However, you can no longer call up the text of the contract via the website after you have sent your order. You can use the browser's print function to print out the relevant website with the text of the contract.
1.5 Subsequent changes to the terms and conditions
We are entitled to retrospectively adapt and supplement the general terms and conditions with regard to existing business relationships, insofar as changes in legislation or case law require it or other circumstances lead to the contractual equivalence relationship not only being disrupted to an insignificant extent. A subsequent change to the terms and conditions will take effect if you do not object within six weeks of the change being notified. At the beginning of the period, we will expressly inform you of the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object in due time, both we and you can extraordinarily terminate the contractual relationship, unless we allow the contractual relationship to continue under the old general terms and conditions.
2.1 Part deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delivery and service delays
Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events, which we cannot prevent even with the utmost care and which we are not responsible for (this includes in particular strikes, official or judicial orders and cases that are incorrect or improper Self-delivery despite the corresponding hedging transaction), entitle us to postpone the delivery for the duration of the obstructing event.
2.3 Exclusion of delivery
Post office box addresses are not supplied.
2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless otherwise expressly agreed, we deliver prefabricated goods within 5 days, and goods manufactured according to customer specifications within 8 weeks. In the case of prepayment, the start of the delivery period is the day after the payment order has been issued to the transferring bank or, in the case of payment by cash on delivery or in the case of purchase on account, the day after the conclusion of the contract. The period ends on the following fifth day or on the last day of the following eighth week. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.
3.1 Prices and shipping costs
All prices include sales tax. In addition, there are separately shown costs for packaging and shipping, unless collection by you at our place of business has been agreed.
3.2 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and are based on the same legal relationship as your obligation.
4. Cancellation policy for consumers in the case of distance sales contracts and sample cancellation form
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods / the last goods.
In order to exercise your right of withdrawal, you must inform us (Youbag Munich GmbH, Tal 44, 80331 Munich, Fax: +49 (0) 9119508787, E-mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
Youbag Munich GmbH
c / o OWA Moden
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to 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 to check the nature, properties and functionality of the goods.
- End of revocation -
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs. There is also no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
Special information on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery.
Returns without express declaration
If you send the goods back to us within the statutory withdrawal period without expressly declaring that you are exercising your right of withdrawal, we will classify the return as a withdrawal, provided that such a right of withdrawal existed for the goods and no other reason for return is apparent .
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Youbag Munich GmbH, Tal 44, 80331 Munich, Fax: +49 (0) 9119508787, Email: firstname.lastname@example.org:
- 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 if this is notified on paper) - Date
Exclusion of the right of withdrawal for goods manufactured according to customer specifications
We would like to point out again that the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive or that are clearly tailored to your personal needs, insofar as the In individual cases nothing else results.
5. Retention of Title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods that are subject to simple retention of title with care at all times. You assign to us a claim or replacement that you receive for the damage, destruction or loss of the delivered goods. If you behave contrary to the contract, in particular in the event of default in payment, we are entitled to take back the purchased item. In this case, taking back the item does not constitute a withdrawal from the contract, unless we expressly declare this in writing.
6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), as far as these changes are reasonable for you. Such reasonable reasons for changes can result from commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their precise conditions for each product. Possible guarantees do not affect the warranty rights.
6.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold is only transferred to you when the goods are handed over to you. If you notice that the outer packaging arrives damaged or that it is damaged after receiving the goods, we ask you to notify us of this. However, there is no obligation to provide such a notification, nor are the warranty rights affected by failure to provide notification. If the goods are defective, you can optionally request subsequent performance in the form of subsequent improvement or subsequent delivery. If defects are not rectified even after two attempts at rectification, you are entitled to withdraw from the contract or to reduce the price.
6.3 Warranty towards entrepreneurs
Contrary to the statutory warranty regulations, it applies to entrepreneurs that, in the event of a defect, we can choose whether to remedy the defect or make a new delivery. The risk of accidental loss or deterioration of the item is transferred to you as soon as it is handed over to the person assigned to transport it. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.
6.4 Rights in the event of minor defects
If there is only an insignificant defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.
6.5 Compensation for defects
No guarantee is given for damage that can be traced back to improper handling or use. Express reference is made to the following disclaimer.
6.6 Statute of Limitations
The warranty for used goods is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods this is 1 year. The right of recourse according to § 478 BGB is excluded from this. The shortening of the limitation period expressly does not exclude liability for damage resulting from injury to life, limb or health or in the event of willful intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.
7.1 Disclaimer of Liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (consequently those obligations, compliance with which is of particular importance for the achievement of the contractual purpose) are affected, liability is also assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. We are only liable to entrepreneurs in the event of a grossly negligent breach of non-essential contractual obligations in the amount of the foreseeable, contract-typical damage.
7.2 Reservation of Liability
The above exclusion of liability does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Place of jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of Law
Unless mandatory statutory provisions according to your home law conflict, German law, excluding the UN sales law, is deemed to have been agreed.
8.3 Consumer Dispute Resolution Process
The EU Commission has created an internet platform for the online settlement of disputes regarding contractual obligations from online contracts (OS platform). You can reach the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
8.4 Severability Clause
The ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions.