Terms and Conditions and Customer Information

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (yvolve) via the website yvolve.shop/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

(2) A consumer, within the meaning of the following provisions, is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Accessibility

(1) In accordance with Section 14 (1) No. 2 in conjunction with Appendix 3 No. 1 BFSG, we inform you about how our internet presence or our service in electronic commerce meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g., "Accessibility Statement" or similar designation) on our website and includes, in particular, the following points:

• a description of the applicable accessibility requirements;
• a general description of the service in an accessible format;
• descriptions and explanations necessary for understanding the performance of the service;
• a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the competent market surveillance authority are as follows: (3) We may use Artificial Intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to address a variety of potential disabilities, including visual, auditory, physical, speech, cognitive, and neurological limitations. Further details can be found under the separate, appropriately labeled button mentioned in paragraph 1 on our website.

(4) Our internet presence or our service in electronic commerce is accessible if it can be found, accessed, and used by people with disabilities in the generally customary way, without particular difficulty, and generally without external assistance.

(5) Measures for implementing accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easily readable and understandable language, compatibility with all common screen readers, adaptable display options for various devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of Contract

(1) The subject of the contract is the sale of goods .

(2) By listing the respective product on our website, we already submit a binding offer for the conclusion of a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button  (or similar designation) and entering personal data as well as payment and shipping conditions, the order data is finally displayed to you as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order summary page in our online shop or forwarded to the website of the instant payment system provider.
If you are forwarded to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, on the website of the instant payment system provider or after you have been redirected back to our online shop, the order data will be displayed to you as an order summary.

Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also using the "back" function of the internet browser), or cancel the order.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by spam filters.

§ 4 Custom-designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
 
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the costs of the legal representation required in this context.
 
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.

§ 5 Special agreements on offered payment methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly labelled button on our website and in the online ordering process. For payment processing, Stripe may use other payment services; if special payment conditions apply to these, you will be informed of them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

§ 6 Provision of services for vouchers (voucher conditions)

(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the imprint.

(2) Purchased vouchers entitle you to redeem the credit embodied in the voucher with us within the validity period (duration of validity). Vouchers can only be redeemed in our online shop at yvolve.shop/ or, if specified, in our local shop. The service description and the redemption conditions described therein at the time of purchase of the voucher apply.

(3) The validity period of the voucher is 3 years from purchase at the end of the calendar year, unless a different validity period is indicated in the respective offer.

(4) A prerequisite for redeeming a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed during the electronic ordering process on our website by entering the voucher code in the designated input field. Subsequent offsetting is excluded. Any remaining credit will remain on the voucher and can be used for further orders.

(5) Only one voucher can be redeemed per order.

(6) After the expiry of the withdrawal period or the right of withdrawal for consumers, no refund or exchange will be made. A payout / partial payout of voucher amounts is not possible. Interest is not paid on the voucher credit. If the statutory right of withdrawal for goods or services paid for with the voucher is exercised, the voucher amount included in the purchase price will only be credited as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

(7) The voucher may be passed on or transferred.

§ 7 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 8 Warranty

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 9 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to appeal to a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

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II. Customer information

1. Identity of the seller

yvolve
Schwanenborg 9
49835 Wietmarschen-Lohne
Germany
Phone: +49 5908 2209570
Email: service@yvolve.shop


We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically secured using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices quoted in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The incurred shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. 

5.4. Incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory liability for defects

The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.