Terms & Conditions
(1) The following general terms and conditions apply to all contracts, deliveries and other services of the company YOUCAT Foundation gemeinnützige GmbH, Bischof-Kindermann-Str. 23, 61462 Königstein im Taunus, (hereinafter: YOUCAT), towards its customers. The version of the General Terms and Conditions valid at the time of the order shall always apply.
(2) Deviating regulations of the customers are hereby contradicted. YOUCAT only recognises deviating conditions if this has been expressly agreed in writing. Agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions.
(3) Business relations within the EU between YOUCAT and merchants, legal entities under public law and special assets under public law shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory consumer protection regulations of the country in which the buyer has his habitual residence are excluded from the choice of law, since in business transactions with consumers within the European Union the law of the consumer's place of residence may be applicable, provided that it is a matter of mandatory consumer law provisions.
(4) If YOUCAT enters into business relations with buyers outside the EU, the law of the Federal Republic of Germany shall apply without exception to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In such cases, the place of jurisdiction shall be Augsburg, whereby YOUCAT may also sue at the buyer's place of business.
(5) Furthermore, Augsburg shall be the place of jurisdiction for business transactions with merchants, legal entities under public law and special funds under public law within the EU. YOUCAT is also at liberty here to sue at the buyer's place of business.
(6) The contract language is German. ## 2. Contract conclusion (1) The contract is concluded by us accepting your order through our order confirmation, at the latest when the goods are sent; acceptance of the General Terms and Conditions is a prerequisite for the conclusion of the contract. We confirm the receipt of the order by e-mail. Before the binding submission of his order, the customer can correct all entries continuously using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly placed and can also be corrected there using the usual keyboard and mouse functions. With the order confirmation we will send you the contract text and these general terms and conditions.
(2) The offers on this website are not binding. Deviations and technical changes compared to the illustrations or descriptions there are possible.
3. Delivery and payment
(1) There is no minimum order quantity. All prices include VAT. After the order the customer receives an order confirmation by e-mail, which contains a list of the ordered commodity and in which the bank connection is indicated. The purchase price is to be paid to YOUCAT immediately after conclusion of the contract by usual means of payment, unless otherwise agreed individually.
(2) YOUCAT will dispatch the ordered goods after receipt of the purchase price. Unless otherwise agreed, the ordered goods shall be delivered to the address indicated by the customer. YOUCAT reserves the right to make a partial delivery if this appears advantageous for a speedy processing and is not unreasonable for the customer. Special forms of shipment requested by the customer shall be invoiced at the local surcharge.
4. Delivery times
(1) The delivery periods are indicated in the article descriptions.
(2) YOUCAT reserves the right to release itself from the obligation to fulfil the contract or to withdraw from it if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This self-delivery reservation shall only apply if YOUCAT is not responsible for the non-delivery. YOUCAT is not responsible for the absence of performance if a so-called congruent hedging transaction for the fulfilment of contractual obligations was concluded in good time with the supplier. If the goods are not delivered, YOUCAT will immediately inform the customer of this circumstance and refund the purchase price. The customer may determine that the refund amount shall be credited to the customer's account and offset against future orders.
5. Passing of risk
If the customer is not a consumer, the risk in accordance with § 447 BGB is transferred to the customer when the goods are handed over to the transport company. Otherwise § 446 BGB applies.
6. Retention of title, right of retention
(1) The delivered goods shall remain the property of YOUCAT until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, the delivered goods shall also remain the property of YOUCAT from the current business relationship until all claims to which YOUCAT is entitled in connection with the contract have been settled. In this case, YOUCAT undertakes to release the securities to which it is entitled at the customer's request if their value exceeds the claims to be secured by more than 20%.
(2) The customer shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
7. Liability for material defects and defects of title
(1) YOUCAT guarantees that the sold goods are free of material and manufacturing defects at the time of the passing of risk. The information provided by YOUCAT in catalogues, brochures and on the website does not constitute a guarantee of quality within the meaning of § 443 BGB (German Civil Code).
(2) The customer can only claim defects in the delivered goods if he notifies YOUCAT of them within the statutory warranty period. The time of dispatch of the notice of defect is decisive. A later assertion is excluded. Insofar as only merchants are involved in the contract, §§ 377 et seq. of the German Civil Code (BGB) shall apply additionally. HGB (GERMAN COMMERCIAL CODE).
(3) If defects exist and were asserted in good time, YOUCAT shall be entitled to subsequent performance. Otherwise, the statutory provisions shall apply with regard to warranty.
(1) Outside of liability for material defects and defects of title, YOUCAT shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent violation of essential obligations (obligations whose violation endangers the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose fulfillment the customer regularly relies), but only for the foreseeable damage typical for the contract in each case. YOUCAT shall not be liable for the slightly negligent breach of obligations other than the foregoing.
(2) The limitations of liability of the preceding paragraph shall not apply in the case of injury to life, limb and health, for a defect after acceptance of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of YOUCAT is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
9. Data storage and data protection
(1) The customer is aware of and agrees that the personal data required for processing the order will be stored by YOUCAT on data carriers. The customer expressly consents to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by YOUCAT. The collection, processing and use of the customer's personal data is carried out in compliance with our data protection declaration of the Federal Data Protection Act (BDSG), the Telemedia Act (TMG).
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case YOUCAT is obliged to immediately delete the personal data of the customer. In the case of ongoing order processes, deletion shall take place after completion of the order process.
(3) In all other respects we refer to our data protection declaration with regard to data protection.
We expressly object to the use of the contact data in the imprint for commercial advertising if we have not expressly agreed to this in writing or if a business relationship already exists. We and all persons named on this website hereby object to any commercial use and disclosure of our/your data.
Information on exercising the right of withdrawal for consumers
Consumers have a right of withdrawal under the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (YOUCAT Foundation gGmbH, Bischof-Kindermann-Str. 23, 61462 Königstein im Taunus, phone 0821-410 108 10, e-mail firstname.lastname@example.org) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such revocation.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the withdrawal
If you withdraw from this agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your withdrawal from this agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return the goods to "YOUCAT Return", Fontis Media GmbH, Baukloh 1, 58515 Lüdenscheid, Germany, immediately and in any case within fourteen days from the day on which you notify us of the revocation of this contract at the latest. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
[End of withdrawal policy]
YOUCAT GTC, Version: 17.5.2017