General terms and conditions of business
General terms and conditions of business of YVE & BIO GmbH
1. General Information
1.1 Customers in the sense of the present terms and conditions (GTC) can be both consumers and entrepreneurs.
1.2 Entrepreneur is a natural or legal entity or a partnership with legal capacity which carries out commercial or independent professional activities on entering into a legal transaction. A partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and incur liabilities.
1.3 A consumer is any natural person who concludes a legal transaction for purposes which can neither be attributed to their commercial or independent professional activity.
2. Offer, conclusion of contract
The products and services listed within the online shop of the seller do not constitute legally binding offers but an invitation to the customer to submit a binding offer by placing an order.
By sending the order from the "virtual shopping cart", the customer submits a binding order for the items contained in the shopping cart. The seller will immediately confirm the receipt of this order to the customer by e-mail.
The purchase contract is concluded with the express acceptance of the order in writing or delivery of the goods by the seller. Insofar the seller is entitled to accept the contract offer of the customer within two working days after receipt of order.
3. Prices, Shipping Costs
All quoted prices are total prices including VAT and excluding shipping costs. The costs for packaging and shipping are specified in the respective offer.
4. Retention of title
The delivered goods remain the property of the seller until complete payment.
5. Means of payment; Delivery; Delivery restrictions; Shipping costs; Passing of Risk
5.1 On our website you can find the means of payment accepted by us. Delivery is made at the shipping costs stated in the specific order. We will point out any existing delivery restrictions.
5.2 Provided that the customer is a consumer, the seller bears the shipping risk regardless of the delivery in any case. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer once the goods have been passed from the seller to the commissioned logistics partner.
6. Revocation instruction
If you are an entrepreneur (see Clause 1.2 of our Terms and Conditions) in terms of § 14 German Civil Code (BGB), the right of revocation does not apply. For a consumer (any natural person who enters into a legal transaction for purposes that can be attributed neither to their commercial nor their independent professional activity) the following applies:
Right of revocation
You have the right to revoke this contract within fourteen days without specifying reasons.
The revocation period is fourteen days from the date on which you or a third party other than the carrier acquire/acquires the material possession of the goods.
In order to exercise your right, you must inform us
YVE & BIO GmbH
H. Decker, O. Mensah
Tel.: +49 421 4987747
by means of a clear statement (eg a letter consigned by mail, telephone or e-mail) about your decision to revoke this contract. For this you can use the attached model revocation form which is, however, not compulsory.
To meet the cancellation deadline it is sufficient that you send the communication concerning the exercise of the right of revocation before the end of that deadline.
Consequences of revocation
If you revoke the contract, we will have to reimburse all payments we received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the most favourable standard delivery offered by us), immediately or at the latest within fourteen days from the date on which the notification about your revocation of this contract has been received by us. For this repayment we will use the same method of payment that you used in the original transaction, unless you have expressly agreed with us otherwise; in no case will you be charged fees because of this repayment.
We may withhold reimbursement until we have received the returned goods back, or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You have to return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us about the revocation of this contract. The deadline is met if you send the goods before the expiry of 14 days.
You bear the direct costs of returning the goods.
You only need to pay for any diminished value of the goods if this loss of value has resulted from the handling other than what is necessary to ascertain the nature, characteristics or functioning of the goods.
Model revocation form
(If you want to revoke the contract, please fill out this form and send it back to us.)
To: YVE & BIO GmbH, CEO: Herr Herbert Decker, NeidenburgerStr. 22, 28207 Bremen
I/We hereby give notice that I/we revoke my/our contract of sale of the following goods (*)………………………………………………………………………………
Ordered on (*)………………………………………………………………………………
Received on (*) ………………………………………………………………………………
Name of consumer(s)……..……………………………………………………………….
Address of consumer(s) ………………………………………………………………….
Date, signature of consumer(s)
(*) Delete as appropriate.
7.1 The right of revocation does not exist, unless the parties have agreed otherwise, for the following contracts:
•Contracts for the supply of goods which are not prefabricated and for whose preparation an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• contracts for the supply of goods that can spoil quickly or whose expiration date would pass quickly,
• contracts for the supply of alcoholic beverages the price of which has been agreed in the contract but which can be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market which the trader has no influence on,
• contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
• The right of revocation expires prematurely, unless the parties have agreed otherwise, concerning the following contracts:
• Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery or if parts that can not be cleaned afterwards, have been put into use.
Also excluded from a return are parts that can not be hygienically cleaned. Among our items this concerns e.g. the ceramic filter, filter cartridges, mineral trays, faucets, alkaline baskets, etc.
• Contracts for the supply of goods if they were, due to their nature, mixed inseparably with other goods after delivery.
• Contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
7.2 Please avoid damage and contamination of the product. Please return the goods in the original packaging, if possible, and including all accessories and packaging components. Use a protective outer packaging. If you no longer have the original packaging, please provide a suitable package for adequate protection from damage during transit.
Returns must be sent to:
YVE & BIO GmbH
7.3 Please note that the aforementioned clause 7.2 is not a prerequisite for the effective exercise of the right of revocation.
8. Compensation upon revocation
At a revocation of the contract, the customer has to, by way of derogation from § 346 paragraph 2 no. 3 BGB, pay compensation for a loss in value of the goods if the loss in value is due to a handling of the goods, which was not necessary to examine the nature, the characteristics and functioning of the goods and if we have informed the customer about his right of revocation in accordance with Article 246a § 1 paragraph 2 sentence 1 point 1 of the Introductory Act to the Civil Code.
9. Liability for defects right, warranty rights, liability
For all of our goods there are statutory warranty rights. Liability and warranty are subject to the statutory provisions.
The warranty period for used goods amounts to 12 months. Claims for damages remain unaffected by this provision. Any warranties do not restrict the statutory warranty claims.
10. Consumer information for distance contracts concerning the purchase of goods
10.1 The seller is not subject to any special and previously unmentioned codes of conduct.
10.2 Please refer to the individual product descriptions within the framework of the website for the essential characteristics of the goods offered by the seller as well as the validity of limited offers. The exclusive language available for the conclusion of the contract is German.
10.3 Complaints and warranty claims may be made at the address stated in the provider identification. Please refer to the offer for information on payment, delivery or performance.
10.4 In the online shop, you first place the selected goods into the shopping cart. Once you have selected all desired items, you can go to the checkout or choose an Express Checkout with PayPal.
10.4.1 Proceed to checkout
If you choose the option "Checkout", the ordering process will be as follows: If you are an existing customer, then you can log in by entering your e-mail address and password. If you are a new customer, you can either register in the shop or continue shopping without registering. In both cases, you must specify your contact information in the next step. You also have the option of choosing whether the delivery is to go to the billing address or a specific delivery address. You can then select the desired method of payment, and finally place your order by clicking the "Buy" button. Until then, you have the possibility to view and check your entries and, if necessary, to correct them on the previous page by pressing the "Back" button on your browser or to cancel the order process by leaving the page.
10.4.2 Express Checkout with PayPal
If you choose the option "Express Checkout with PayPal", then the ordering process will be as follows: If you already have a PayPal account, you can log in by entering your e-mail address and password. Otherwise, you first need to create a PayPal account. If you are logged in, you can optionally change your delivery address and select which bank account details you prefer for your payment. By clicking on the "Next" button you get to the page "Please check your order" of our ordering process. In the last step you can place your order by clicking on the "Buy" button. Until then, you have the possibility to view and check your entries and, if necessary, to correct them on the previous page by pressing the "Back" button on your browser or to cancel the order process by leaving the page.
10.5 The seller does not save the contract text after concluding the contract and the seller does not make the contract text accessible to the customer. After concluding the contract, however, we will send you an order confirmation with all information to the e-mail address given by you, containing again all the essential data of your order, our terms and conditions and your revocation instruction. You have the option to print both the terms and conditions as well as your order with all entered data during the ordering process. Through the printing function of your browser you also have the option to print the contract text. You can also save the contract text by clicking the right mouse button and saving the website on your computer. After completion of the ordering process, the contract text is no longer accessible to you.
11. Final Provisions
11.1 The contractual relationship between the seller and the customer and the respective terms and conditions are subject to the law of the Federal Republic of Germany. If the customer is a consumer, any existing consumer protection laws in the customer's country of residence remain unaffected from this agreement.
The application of the UN Sales Convention is excluded.
11.2 If the aforementioned provisions have completely or partially not become part of the contract or are invalid, the contract as a whole remains effective. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract is governed by statutory provisions.