General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to specific customer specifications
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution

• Scope
  • These General Terms and Conditions (hereinafter "GTC") of Yakoz Ladenbau GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
  • A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
  • An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

• Conclusion of contract
  • The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
  • The customer can accept the offer via the online order form integrated in the seller's online shop. After having selected the

Once the customer has placed goods in the virtual shopping cart and completed the electronic ordering process, they submit a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or via the online contact form.

• The seller can accept the customer’s offer within five days,
  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing his order

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

• If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
• When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

• Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
• Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
• Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

• Right of withdrawal
  • Consumers generally have a right of withdrawal
  • Further information on the right of withdrawal can be found in the seller’s cancellation policy.

• Prices and payment terms
  • Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
  • The payment option(s) will be communicated to the customer in the seller’s online shop.
  • If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
  • If you select the "Instant Transfer" payment method, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Instant Transfer," the customer must have an online banking account activated for "Instant Transfer," provide appropriate identification during the payment process, and confirm the payment order. The payment transaction will be processed immediately by Klarna, and the

The customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be found online at https://www.klarna.com/sofort/ retrieve.

• When selecting a payment method offered through the "Mollie" payment service, payment processing is carried out by the payment service provider Mollie V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered through Mollie are communicated to the customer in the seller's online shop. Mollie may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information about "Mollie" is available online at https://www.mollie.com/de/ available.
• If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH will deduct the invoice amount from the customer's specified credit card account. The credit card will be charged immediately after the customer submits the order in the online shop. Even if the credit card payment method is selected via PAYONE GmbH, the seller remains responsible for general customer inquiries.

e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.

• If you choose to pay by credit card, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz. (www.secupay.ag) to which the provider assigns its payment claim. secupay AG will deduct the invoice amount from the customer's specified credit card account. In the case of assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the customer's order has been sent in the online shop. Even if the provider selects the payment method credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellation notices and shipments or
• If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit check.

• Delivery and shipping conditions
  • If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the address specified by the customer.

Delivery address, unless otherwise agreed. When processing the transaction, the delivery address provided by the seller during the order process is decisive. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

• If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.
• If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
• The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has exercised due diligence and entered into a specific hedging transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
• Self-collection is not possible for logistical reasons.

• Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

• Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the statutory liability for defects shall apply. The following applies to contracts for the

Delivery of goods:

• If the customer acts as an entrepreneur,
  • the seller has the choice of the type of subsequent performance;
  • For new goods, the limitation period for warranty claims is one year from delivery of the goods;
  • For used goods, warranty claims are excluded;
  • The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

• The limitations of liability and shortening of time limits set out above do not apply
  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

• Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
• If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
• If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his statutory or contractual claims for defects.

• Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

• The seller is liable without limitation for any legal reason
  • in case of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • based on a guarantee promise, unless otherwise agreed,
  • due to mandatory liability such as under the

• If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the customer can regularly rely.
• Furthermore, the seller’s liability
• The above liability provisions also apply with regard to the seller’s liability for his vicarious agents and legal representatives.

• Special conditions for the processing of goods according to specific customer specifications
  • If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible, in particular, for ensuring that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.
  • The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.
  • The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or is morally reprehensible. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, abusive, harmful to minors, and/or glorifies violence.

• Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the

Protection is withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

• Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer is based outside the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled in any case to bring the dispute before the court at the customer's registered office.

• Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.