Terms of service

  1. Scope of application
    These General Terms and Conditions (GTC) apply to all orders placed via the webshop at yvolve.shop. yvolve GmbH is the contractual partner for all orders. The version of the GTC that is current at the time of the order placement applies. The contract is concluded exclusively in German.

  2. Conclusion of contract
    1. Order process
      In the webshop, you can place items in the shopping cart without obligation by clicking the ‘Add to cart’ button. You can view the shopping cart at any time and remove individual items again. By clicking on the ‘Proceed to checkout’ button, you can start the ordering process.
      You can create a customer account or log in to your customer account as a registered customer. You then have to select a payment method (see section 4). On the ‘Submit order’ page, you will see your entries again. You can go back at any time and correct your entries or cancel the order process by leaving our website or closing the browser. You only place a binding order when you click on the ‘Buy now’ button. Immediately after receiving your order, we will send you a confirmation of receipt by email. This does not yet constitute a contract. Your contract text (the content of your order and these terms and conditions) will be stored and sent to you in the confirmation of receipt.
    2. Conclusion of the contract
      The period of validity of our special offers, which may also be limited in quantity, can be found where they are displayed in the shop.
      Despite careful stocking, it may happen that an item sells out faster than expected. We therefore do not provide a delivery guarantee. The following applies: only while stocks last. This applies in particular to special offers/promotional items!
      The display of items in the webshop is therefore not a binding offer of a contract from our side, but only an invitation to place orders. A contract is only concluded when we expressly accept your order or carry out the delivery, and only to the corresponding extent.
    3. Special items (protection of minors)
      If you order films and games that have no age rating or are labelled ‘18+’, you must be of legal age. We only deliver such items to Germany after age and identity verification by Deutsche Post. Unfortunately, delivery abroad is therefore not possible. Decorative weapons are also only delivered to Germany after age and identity verification. You can find details of the procedure in section 9.
  3. International customer service
    We provide you with the simplest, most convenient and most comprehensive customer service possible. However, we do not offer separate customer service for international customers. You can also send an English-language request to the familiar service@yvolve.shop.
    This also applies to all subsidiaries and shops for which we only handle the processing (so-called white-label shops).
    Regardless of whether you have placed your order in the yvolve shop, a subsidiary or a white-label shop, your data will always be transmitted to yvolve GmbH so that you have access to your order data in the event of a service call.

  4. Prices, shipping costs and payment
    We do not have a minimum order value!
    For a better overview, we have listed all costs for postage, packaging and all offered payment methods separately on an overview page. In our webshop, the prices are calculated in euros including VAT (currently 19% or 7% for books and magazines). In addition, postage and packaging costs will be charged, as well as any separate fees depending on the payment method (e.g. cash on delivery fees).
    You will see all costs again before the final order is placed, in the shopping cart checkout on the order confirmation page.

  5. Disposal and environmental protection
    Our suppliers have fulfilled their reporting obligations to the Federal Environment Agency.
    Information on battery disposal:
    Batteries do not belong in household waste. As a consumer, you are legally obliged to return used batteries. You can hand in your old batteries at public collection points in your area or wherever batteries are sold. Of course, you can also return the batteries available from us to the following address after use, marking them ‘used batteries’:

    yvolve GmbH
    - Used Batteries -
    Schwanenborg 9
    49835 Wietmarschen
    Germany

    The symbols on the batteries have the following meaning:
    Pb = battery contains more than 0.004 percent by mass of lead
    Cd = battery contains more than 0.002 percent by mass of cadmium
    Hg = battery contains more than 0.0005 percent by mass of mercury

    The symbol of the crossed-out wheelie bin means that the battery must not be disposed of with household waste.
    1. Electrical and electronic equipment:
      Electrical and electronic equipment must not be disposed of with household waste! As a consumer, you can dispose of old electrical equipment free of charge at a public collection point in your area.

  6. Complaints
    Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO:
    The European Commission provides a platform for online dispute resolution (OS), which you can find at  http://ec.europa.eu/consumers/odr/  .
    Dispute resolution before a consumer dispute resolution body (§36 VSBG):
    We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

    Provider identification and customer service availability: Our postal addresses, telephone/fax numbers and email addresses can be found in our imprint.

  7. Delivery & delivery time
    See shipping conditions.

  8. Warranty and liability
    Please note: We are not liable for the suitability of the goods for a particular purpose. What does that mean? A T-shirt is made to be worn, a CD to be listened to, etc. If you want to do something completely different with the items (for example, make a hammock out of T-shirts), then it's not our fault if it doesn't work out and you fall flat on your face.
    We are only brokers for services provided by other suppliers, such as vouchers or admission tickets (see Section 8.1). Warranty claims are to be addressed to the respective contractual partner.
    We shall have unlimited liability for damages resulting from culpable injury to life, limb or health and under the Product Liability Act. We shall only be liable for other damages if the damage was caused by us or a legal representative, employee or vicarious agent intentionally or through gross negligence. We shall also be liable for slightly negligent breaches of material contractual obligations (such obligations whose fulfilment is essential to the proper performance of the contract and on whose compliance the contractual partner may regularly rely).

  9. Protection of minors
    1. Age and identity verification for films, computer and video games
      It is not possible to deliver films, computer and video games that are labelled ‘18+’ or have not yet received an age rating according to § 14 JuSchG (German Protection of Young Persons Act) to minors. yvolve only sends such items with Deutsche Post's age and identity verification. This is necessary due to legal requirements for ‘18+’ items within Germany to ensure that no delivery is made to minors. An age and identity check can only be carried out in Germany. Luxembourg is excluded from this service.
    2. Additional information during the ordering process
      If an ‘18+’ title is in your shopping cart, you will be asked to provide details of a valid ID card or passport during the ordering process. To verify your age and identity, you must provide the type of ID, ID number and issuing authority. The data will be treated in accordance with the Federal Data Protection Act and deleted after 90 days. The delivery and billing address must exactly match the address on the ID! The name of the customer must also exactly match the information on the ID card.
    3. Expiration of the verification process
      1. Verification by the postman
        Your data will be checked at the front door by the postman and must correspond exactly to what you have provided, so have your ID ready! The delivery and billing address must exactly match the address on the ID! The same applies to the name under which the order was placed. The name of the person placing the order must match the identity card holder! Presenting a driving licence or similar is not sufficient to receive the delivery.
        Conclusion: Delivery to PO box and packing station addresses is not possible. You cannot authorise anyone to accept or pick up the package either.
      2. Recipient not found
        What happens if the delivery cannot be made? Usually, the postman will leave a notification in the letterbox. With this notification, you can pick up your order at the nearest post office. The age and identity check will then be carried out there. Alternatively, you can fill out the notification card to request a new delivery attempt.
      3. Verification failed
        If your identity cannot be clearly established, if the information you provided was incorrect, or if you are under the legal age, delivery will not be possible. In this case, the shipment will be returned to us. We will then refund the invoice amount (including the additional fee; shipping costs will be refunded if the entire delivery is returned to us).
    4. Pre-order items not yet rated by the USK or FSK
      Age ratings for computer and video games are not issued by the USK (Unterhaltungssoftware Selbstkontrolle – Entertainment Software Self-Regulation Body) until shortly before the release date. However, you can pre-order the item before the rating is issued. The same applies to films that have not yet been rated by the FSK (Freiwillige Selbstkontrolle der Filmwirtschaft – Voluntary Self-Regulation of the Movie Industry). Please note that if the FSK or USK rating ‘18’ is assigned retrospectively, the shipping method will automatically change. The age and identity check is due (but the additional fee of €4.95 is not charged). In this case, we will inform you of the change by email. By placing your order, you agree that shipping may be subject to age and identity verification.
      Age and identity verification for decorative weapons (swords, daggers and similar items)
      If you wish to order a decorative weapon, you must be at least 18 years old. There is no way around this. The swords we offer are decorative items that are only available for sale to those over 18 years of age. In Germany, as with films, video and computer games, an age and identification check is therefore carried out and an additional fee is charged.
      Unfortunately, it is not possible to ship decorative weapons abroad.
    5. Note on decorative weapons
      The handling of the decorative items we sell is subject, among other things, to the restrictions of the German Weapons Act. In particular, the owner must take the necessary precautions to prevent these items from being lost or taken by unauthorised third parties. With a few exceptions, carrying the decorative items offered is completely prohibited in public. We do not assume any liability for damage to goods and/or persons or property caused by improper use of the products we deliver or by misuse.

  10. Ordering tickets and vouchers
    1. Tickets and vouchers for services from other providers
      If tickets for events are offered in the webshop, we would like to point out that we are not the organiser, i.e. we sell the ticket, but the event is carried out by another person/company. The organiser is usually noted on the ticket. We are not responsible for the proper execution of the event. The contract for the event is concluded with the organiser. The same applies to vouchers for services provided by other providers: your contractual partner is the provider of the service named on the voucher. If you have any questions about the event, please contact the organiser directly. You can find the contact details for the organiser on the ticket. Ordered tickets are excluded from the right of withdrawal! Every ticket order is binding immediately after confirmation and obliges you to accept and pay for the order. We may cancel the ticket purchase if you violate or attempt to circumvent any condition of the organiser or us that was pointed out during the advance sale (e.g. violation of the restriction on the number of tickets per customer, attempt to circumvent by registering and using multiple user profiles, resale prohibitions, etc.). The cancellation/withdrawal can also be declared by crediting the paid amounts.
    2. Shopping vouchers
      At you can buy shopping vouchers for our shop (by choosing a certain value and adding the voucher to your shopping cart). Please note: You cannot pay for a voucher with a voucher. A voucher can be redeemed anywhere (online, by phone and in the store or at the point of sale). Vouchers can also be partially redeemed if the person redeeming them has a customer account. In this case, the remaining amount will be credited as a balance and can be used for later orders. If the voucher is not sufficient, the difference can be paid using any payment method (see section 3). It is also possible to redeem several vouchers at the same time when placing an order. However, the following applies to promotional vouchers: A promotional voucher can be combined with other vouchers, but only one promotional voucher can be redeemed per order. A voucher is only for shopping! This means that the equivalent value cannot be paid out in cash or offset against other claims. A voucher must be redeemed within three years from the end of the year in which it was purchased, otherwise it will expire.

  11. Sweepstakes Terms and Conditions
    Participation in the sweepstakes held on this site is reserved exclusively for visitors to www.yvolve.shop! Registration with or participation by so-called ‘sweepstakes registration service providers’ or the like is strictly prohibited. In the event of non-compliance, we will immediately report the service provider to the police. Participation in the competitions is subject to the terms and conditions for participation in yvolve competitions and, under certain circumstances, special terms and conditions of participation that are agreed in connection with the specific competition. Ownership of free gifts (bonuses) is not transferred to you until the expiry of the revocation period and the voluntary return period. If the bonuses are linked to a minimum order value, the minimum order value refers to an order and must be reached or exceeded by this order even after the statutory rights of cancellation or contractual rights of return have been exercised. If the purchase value of your order falls below the respective minimum order value due to the exercise of a statutory right of cancellation or contractual right of return (excluding warranty rights), the bonus must also be returned with the returned goods for this purchase. In this case, there is no entitlement to other bonuses.

    These Terms and Conditions of Participation apply to all prize draws of yvolve GmbH (hereinafter referred to as yvolve) on yvolve.shop. The General Terms and Conditions of yvolve shall apply in addition. In the event of conflicting terms and conditions, these Terms and Conditions of Participation shall take precedence.
    1. Participation
      1. The specific option for participation (e.g. via online registration or via social media) is stated in the respective prize draw.
      2. Participation in the prize draw is free of charge.
      3. Participation is only possible during the period specified in the respective competition or until an explicitly stated point in time. Late participation due to technical problems for which yvolve is not responsible is excluded.
      4. Natural persons of legal age who are resident in Germany, Austria or Luxembourg are eligible to participate in yvolve competitions.
        Minors and other persons with limited legal capacity always require the consent of their legal guardian(s) to participate. This consent must also include these terms and conditions of participation. Upon request, this consent must be provided to yvolve in writing within seven days. Participation without the consent of the legal representative will always result in exclusion from the respective contest and the loss of any claims to a prize without compensation. yvolve may generally exclude minors from participating in a contest.
      5. The following are excluded from participation: employees of yvolve and companies affiliated with yvolve, as well as their relatives, and employees of any sponsors/cooperation partners of the competition and their relatives.
      6. Participants who provide false personal information when entering will be excluded from participation.
    2. Prizes
      1. The prizes are provided by yvolve or a prize sponsor.
      2. The item depicted as a prize in the context of the competition is not necessarily identical to the item won. Rather, there may be differences in terms of model, colour, etc. This also applies if the prize is no longer available in the presented version (model change, seasonal goods, etc.). The winner will then receive an equivalent replacement or a voucher from the cooperation partner in the amount of the value of the original prize.
      3. In the case of travel prizes, the processing takes place exclusively in direct contact between the winner and the respective prize sponsor or a travel agent commissioned by the latter. The travel conditions of the travel agent apply to the travel services. There is no entitlement to a specific travel date. If the trip is not taken on the date or during the period specified by the prize sponsor or travel agent, there is no longer any entitlement to the prize.

        If a price for the trip is mentioned in the competition description, this refers to the most expensive travel time; the price varies seasonally. Any resulting differences in value will not be compensated. Underage participants and other persons with limited legal capacity may only take the trip if accompanied by their legal guardian. Any additional costs incurred as a result shall be borne by the winner or their companion. The winner (and any companion) must travel to and from the starting point of the trip (airport, train station, etc.) themselves, unless otherwise stated in the competition or expressly agreed. The same applies to all additional costs incurred during the trip (minibar, telephone, meals, etc.).
      4. There shall be no cash payment, exchange or assignment of the prize (including its individual components or a substitute prize).
      5. Participants are aware that certain prizes can only be used after reaching a certain age and/or under certain (statutory) conditions (e.g. driving a motor vehicle). These age limits and statutory requirements must always be observed when using or redeeming the prize.
      6. All costs associated with the prizes shall be borne by the winner, unless otherwise expressly agreed. This applies in particular to any necessary registration costs, insurance, taxes and fuel for operation. Clause 5 shall apply to deliveries and clause 2.iii to travel prizes.
      7. If the competition includes consolation prizes, all valid participants who have not won a main prize will receive a consolation prize after the draw, while stocks last.
    3. Determining the winner
      1. The winners will be drawn once from all the participants in the competition (winners will be determined at random by lot). Each winner will receive only one prize.
      2. If participation in a competition is based on the purchase of items, multiple orders/purchases will not increase the chances of winning and will be counted as one order from the respective participant. There is no minimum order value for participation.
    4. Notification of the outcome of the competition
      1. We will notify all participants of the outcome of the competition by sending an email to the email address provided. The winner will be notified by email, letter, telephone or social media. There is no obligation to accept the prize. The winner will inform yvolve by email or letter within seven days of being notified of the prize as to whether he or she accepts or declines the prize. If a winner cannot be identified based on the contact information provided, or if they decline the prize communicated to them or do not provide yvolve with one of the aforementioned declarations in a timely manner, their claim to the prize shall be forfeited without compensation. yvolve may redraw the prize in these cases.
      2. If the competition includes consolation prizes, we will send an email notification to all participants who receive a corresponding consolation prize.
    5. Delivery of prizes
      1. Prizes will only be delivered free of charge to the winner's home address within Germany, Austria or Luxembourg. A maximum of two delivery attempts will be made. Thereafter, the winner has the option of collecting his prize from yvolve's company address within four weeks of the last unsuccessful delivery attempt. Should this period elapse, his claim to the prize will lapse without compensation.
      2. In the event that delivery is made by a shipping company, the shipping company will contact the winner to arrange a delivery date. Delivery is usually made Monday through Friday between 8:00 a.m. and 6:00 p.m. The winner must provide an alternative address in their immediate vicinity (no more than 100 m away) in addition to their own address. The winner agrees that if they are absent, the prize will be delivered to this alternative address. If the shipping company does not find anyone at either the winner's address or the alternative address who is willing to accept the delivery of the prize, a note will be left. The winner must bear the costs of a redelivery themselves. After the second unsuccessful delivery attempt, the winner has four weeks to pick up his prize at the company address of yvolve. If this period elapses, his claim to the prize shall be forfeited without compensation.
      3. Motor vehicles are to be picked up at yvolve or at the winning sponsor at their own expense. yvolve will notify the winner of the pick-up location.
    6. Manipulation
      Any kind of manipulation of the respective competition is not permitted. Entry into or participation by so-called ‘sweepstake-entry-service-providers’ or the like, other automated prize systems and other technical procedures for manipulation is strictly prohibited.
    7. Consequences of Violations
      yvolve reserves the right to exclude participants from participation in the event of violations of these terms and conditions or legal provisions by participants. This applies in particular to false information about the participant's person and to manipulation of the sweepstake. Exclusion from the competition will result in the forfeiture of any claim to a prize without compensation and can also be carried out retrospectively, in which case a prize may be reclaimed. yvolve expressly reserves the right to assert other claims.
    8. Liability and warranty claims
      1. yvolve is not liable for material defects and/or defects of title in the prizes donated by prize sponsors/cooperation partners, in particular for defects in the execution of any travel prizes. This is a direct service (gift) from the prize sponsor to the winner. yvolve merely acts as the prize sponsor's representative in this regard. Claims for defects must be asserted directly against the prize sponsor. yvolve will provide the winner with the name and address of the prize sponsor in the event of the assertion of claims for defects.
      2. yvolve shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence. Furthermore, yvolve shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies. In this case, however, yvolve is only liable for foreseeable damages that are typical for this type of contract. yvolve is not liable for slightly negligent violations of obligations other than those mentioned in the preceding sentences.
      3. The preceding limitations of liability do not apply to injuries to life, limb, or health, to defects after the assumption of a guarantee for the quality of the product, or to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
      4. To the extent that yvolve's liability is excluded or limited, this also applies to the personal liability of yvolve's representatives and agents.
    9. Modification or Termination of the Contest/Modification of the Terms and Conditions
      1. yvolve reserves the right to modify, limit or discontinue the competition in whole or in part at any time without notice. This applies in particular if, for technical or other reasons, proper execution of the game cannot be guaranteed or the fairness of the game appears to be compromised. This does not give rise to any claims for the participants.
      2. If yvolve intends to make changes to these terms and conditions, the proposed change will be communicated to the participant by email. The changes shall be deemed approved if the participant does not object to them in writing. yvolve will specifically point out this consequence in the notification letter. The objection must be received within four weeks of receipt of the notification. If the participant exercises his right of objection, yvolve's proposed change shall be deemed rejected. The contract will then continue without the proposed changes. In this case, yvolve has a special right of termination.
    10. Data protection
      We use your data in connection with the execution of the competition, but only with your consent. You can find more details in our privacy policy.
    11. Miscellaneous
      1. There is no right of appeal. Should any of these conditions be or become invalid, the validity of the remaining conditions of participation and execution shall remain unaffected.
      2. Apple, Inc. (‘Apple’) does not participate in or sponsor our contests or competitions.

  12. Yvos Price Hammer Clause
    1. Scope of application:
    This Yvos Preishammer clause applies to all products offered for sale on the yvolve.shop website. It is only valid for customers residing in Germany.
    2. Price comparison:
    If you find an identical product from another reputable supplier in Germany at a lower price, we give you the opportunity to point this out to us. To do so, please send us an email to service@yvolve.shop with proof of the lower price.
    3. Conditions for price comparisons:
    For a price comparison to be recognised as a yvo price-crusher, the following conditions must be met:
    4. Verification by yvolve.shop:
    After receiving your email, we will check the alternative offer. This review will be carried out within a reasonable period of time. We reserve the right to verify the authenticity and validity of the submitted offer.
    5. Adjusting the price:
    As soon as we have confirmed the cheaper offer, we will adjust the price of the corresponding product on our website accordingly. Yvo's Price Crackers are only valid for future purchases of the product and have no retroactive effect on purchases that have already been made.
    6. Final Clauses
    Yvo's Price Hammer can be changed or cancelled by yvolve.shop at any time without prior notice. We also reserve the right to exclude customers from Yvo's Price Crackers if there is suspicion of abuse, fraud, or similar dishonest actions.
    • The offer found must be public and accessible to everyone.
    • The product must be identical (brand, model, condition).
    • The cheaper offer must come from a reputable supplier based in Germany.
    • Special offers, discounts and limited-time offers are excluded from Yvos Preishammer.

  13. Final provisions
    These terms and conditions, as well as all purchase contracts concluded in accordance with these terms and conditions, are subject to German law, excluding the UN Sales Convention.

    If you, as a private end consumer, do not have a place of residence within the European Union, our place of business shall be the place of jurisdiction. Otherwise, your place of residence shall be the place of jurisdiction; however, you can also assert claims against us in court at our place of business.

  14. Provider identification in accordance with the German Telemedia Act (Section 5 TMG)

    Address:
    yvolve GmbH
    Schwanenborg 9
    49835 Wietmarschen
    Germany

    Postal address for returns:
    yvolve Logistik - Retourenservice
    Schwanenborg 9
    49835 Wietmarschen
    Germany

    VAT registration number: DE292319660
    Commercial register: Registered at the District Court of Osnabrück, HRB 207774
    Managing Directors: Ronny Lethmate and Florian Drees

    Contact details for Germany:
    Telephone: +49 5908 2209570
    Mon-Fri 9.00-17.00 (except public holidays)
    E-mail: service@yvolve.shop

    Online dispute resolution in accordance with Art. 14 para. 1 ODR-VO:
    The European Commission provides a platform for online dispute resolution (OS), which can be found at  http://ec.europa.eu/consumers/odr/.
    Dispute resolution before a consumer dispute resolution body (§36 VSBG):
    We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.