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Terms and Conditions

  1. General information

 

1.1 Scope of application

These General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract for all business relations between us (Youbag Munich GmbH, Schäftlarnstr. 160, 81371 Munich, represented by its managing directors: Mrs. Alessandra Elkins, Mr. Bernd Ostwald, Mrs. Marion Puch) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.

 

1.2 Contract agreement

The contract language is English.

 

1.3 Conclusion of contract

The presentation of the product range in our online shop is initially subject to change and non-binding. The ordering process consists of two steps in total. 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, you enter your data, including billing address and, if necessary, 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 button “Make payment”. With your order, you declare your binding offer of contract. We will immediately confirm receipt of your order. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, mail or by notifying you that the goods have been dispatched. The contract is only concluded upon acceptance.

 

1.4 Storage of the contract text

The contract text is stored by us and sent to you after submitting your order together with these terms and conditions and customer information in text form (e.g., e-mail, fax or by mail). However, the text of the contract can no longer be called upon the website after you have sent your order. You can use the print function of your browser to print the relevant website with the text of the contract.

 

1.5 Subsequent amendment of the terms and conditions

We shall be entitled to subsequently adapt and supplement the General Terms and Conditions of Business with respect to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment of the General Terms and Conditions of Business shall become effective if you do not object within six weeks of notification of the amendment. We will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment at the beginning of the period and will give you the opportunity to make an express declaration during the period. If you object within this period, both, you and we, can terminate the contractual relationship extraordinarily, unless we allow the contractual relationship to continue under the old General Terms and Conditions.

 

 

  1. Delivery

 

2.1 Partial 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 Delays in delivery and performance

Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction to that effect), entitle us to postpone delivery for the duration of the obstructive event.

 

2.3 Exclusion of delivery

P.O. box addresses are not delivered.

 

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 default of acceptance, you bear the risk of accidental loss or accidental deterioration.

 

 

 

2.5 Performance period

Unless expressly agreed otherwise, the delivery of prefabricated goods by us shall take place within five days, the delivery of goods manufactured according to customer specifications within eight weeks.  The start of the delivery period is the day after the payment order has been issued to the transferring bank in the case of advance payment or the day after the conclusion of the contract in the case of payment on delivery or purchase on account. The period shall end on the fifth day following / the last day of the eighth week following. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the period shall end on the next working day.

 

 

  1. Payment

 

3.1 Prices and shipping costs

All prices include value-added tax. In addition, the costs for packaging and shipping are shown separately, unless collection by you at our place of business is agreed.

 

3.2 Right of retention

You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.

 

 

  1. Revocation instruction for consumers in distance selling contracts and sample revocation form 

 

Revocation instruction

 

Right of revocation

 

You have the right to revoke this contract within fourteen days without giving reasons.

 

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the goods / the last goods.

 

In order to exercise your right of revocation, you must inform us (Youbag Munich GmbH, Schäftlarnstr. 160, 81371 München, Fax: +49 (0) 9119508787, E-Mail: hello@youbag.com) of your decision to revoke this contract by means of a clear statement (e.g., a letter sent by mail, fax or e-mail). You may use the attached model revocation form for this purpose, but this is not mandatory.

 

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

 

Consequences of revocation

 

If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

 

You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.

 

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that are not necessary for testing the condition, properties and functionality of the goods.

 

– End of the revocation instruction –

 

Exclusion of the right of revocation

The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Similarly, the right of revocation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.

 

Special information on the premature expiry of the right of revocation

In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation expires prematurely if the seal on the goods was removed after delivery. For contracts for the delivery of audio or video recordings or computer software in a sealed package, your right of revocation expires prematurely if the seal was removed after delivery.

 

Return without explicit declaration

If you send the goods back to us within the statutory revocation period without expressly declaring that this is the exercise of his right of revocation, we will classify the return as a revocation, provided that such a right of revocation existed for the goods and no other reason for the return is apparent.

 

 Sample revocation form

 

(If you want to revoke the contract, please fill out this form and send it back).

 

– To Youbag Munich GmbH, Schäftlarnstr. 160, 81371 Munich, Fax: +49 (0) 9119508787, E-Mail: hello@youbag.com:

 

– 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 in case of communication on paper) – Date

__________________________________

 

 

  1. Exclusion of the right of revocation for goods manufactured according to customer specifications

 

We would like to point out again that the right of revocation 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 you is decisive or which are clearly tailored to your personal needs unless otherwise stated in the individual case.

 

 

  1. Reservation of proprietary rights

 

The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods under simple reservation of title with care at all times. You assign to us a claim or compensation which you receive for the damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular, in case of default of payment, we are entitled to take back the purchased goods. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.

 

 

  1. Warranty

 

7.1 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 subject to the warranty claim. In particular, with regard to the descriptions, representations and details 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 or similar), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from customary fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect warranty rights.

 

7.2 Warranty towards consumers

The risk of accidental loss or deterioration of the sold goods is only transferred to you upon delivery of the goods. Should you notice that the outer packaging arrives damaged at your premises or if you notice any damage after receipt of the goods, please inform us. However, there is neither an obligation for such a notification, nor are the warranty rights affected by a failure to notify us. If the goods are defective, you can choose to demand subsequent performance in the form of repair or replacement. If defects are not remedied even after two attempts at rectification, you are entitled to withdraw from the contract or to a reduction in price.

 

7.3 Warranty towards entrepreneurs

In the case of entrepreneurs, in deviation from the statutory warranty regulations, in the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or new delivery. The risk of accidental loss or deterioration of the item is transferred to you upon delivery to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after the discovery in text form; otherwise the assertion of warranty claims is excluded. Timely dispatch suffices to meet the deadline. The entrepreneur bears the full burden of proof for all conditions of entitlement, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.

 

7.4 Rights in case of insignificant defects

In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the purchase price under exclusion of the right of withdrawal.

 

7.5 Compensation for defects

No warranty is given for damage resulting from improper handling or use. The following exclusion of liability is expressly referred to.

 

7.6 Statute of limitations

For used goods, the warranty period is one year. As far as you are an entrepreneur, the warranty for used goods is excluded and for new goods it is one year. Excluded from this is the right of recourse according to § 478 BGB (German Civil Code). The shortening of the statute of limitations expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.

 

 

  1. Liability

 

8.1 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 such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to foreseeable damage typical for the contract. In the case of grossly negligent violation of non-essential contractual obligations, we shall only be liable to entrepreneurs to the amount of the foreseeable, typical contractual damage.

 

8.2 Reservation of liability

The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.

 

 

  1. Final provisions

 

9.1 Legal venue

The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund underpublic law.

 

9.2 Choice of law

As far as there are no compelling legal regulations according to your home country law, German law under exclusion of the CISG is valid as agreed.

 

9.3 Consumer dispute resolution proceedings

The E.U. Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (O.S. platform). You can access the O.S. platform at the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

9.4 Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.