1. AREA OF APPLICATION AND CUSTOMERS
These Terms and Conditions apply alone to orders made by customers over our online shop http://www.youbagv2.wpengine.com (hereafter Youbag – Shop). We do not accept dissenting conditions on the part of the customer of third parties, unless we have expressly accepted their validity. The Youbag-Shop range of products is expressly directed at the consumer (every natural person finalising the contract in a manner which cannot be assigned to his or her commercial or self-employed occupational activity, §13 BGB).
2. RANGE OF PRODUCTS, ORDER TRANSACTION AND CONCLUSION OF CONTRACT
The depiction of the products in our the online shop does not represent a legally binding offer, rather a non-binding online catalogue. By clicking on the button “Add to Cart” the desired product can be put into the shopping basket, this action is non-binding. The shopping basket can be reviewed at any time by clicking on the “Navigation & Cart” link. A product in the shopping basket can be purchased by first clicking on the “Proceed to Checkout” link and entering the required information.
By clicking the button “Place Order” one is entering into a binding transaction regarding the desired products. After dispatching ones order, the customer will receive a confirmation email regarding the receipt of the order. This though does not represent an acceptance of the customers order but rather represents a confirmation that the order has reached us.
The act of sale comes about when we either confirm the contract via email or the delivery of the products is completed and we thus confirm the order.One is no longer bound to ones order should no confirmation email be received within three working days or the product is not delivered.
3. CONTRACTING PARTY
The act of sale is concluded with:
Youbag Munich GmbH
Schäftlarnstraße 160, 81371 Munich
4. RIGHT OF REVOCATION
Consumers have instead of the statutory right of withdrawal a, as described below, 14 day statutory right of revocation. Instruction of Right of Revocation
Right of Revocation
It is possible to return the received products without reason within 14 days by post. Exempt from this are items that have been personalised, tailor made or custom made etc. (“made-to-order”). Under no circumstances will monogrammed or customised products be accepted for return. The deadline begins after receiving this written instruction (e.g. as a letter, fax or email) but not before delivery of the product to the customer (with the recurring delivery of similar products and not before the receipt of the first part of a multiple delivery) also not before the completion of our obligation to inform in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations in accordance with § 312g paragraph 1 clause 1 BGB in conjunction with Article 246 § 3 EGBGB. Only with non package postable products (e.g. bulky goods) is it possible to communicate a desire to return the product in written form. The punctual posting of the product or the written desire to return is enough to observe the deadline. Only items that are damaged will have shipping costs refunded upon return. Product return and the written desire to return are to be addressed to:
Youbag Munich GmbH
Schäftlarnstraße 160, 81371 Munich
The received product, payment, as well as any possible derived use (e.g. consumer benefits) are to be returned in case of an effective return. In case of deterioration and/or derived use (e.g. consumer benefit), the product can be returned in part or only in a deteriorated state, it is necessary to give us compensation for lost value. Compensation for lost value has to be made only if the derived use or deterioration is in conjunction with use of the product that goes beyond inspecting the product and its characteristics. Under „inspecting the product and its characteristics“ we understand the testing and sampling the product in question as is usual in a store. Refund commitments must be met within 14 days. The deadline begins for the customer with the sending of the product or a written desire of return in case of bulky goods, for us it begins when we receive either. End of Instruction of Right of Revocation
5. CONTRACT STORAGE
The order as well as the details given in doing so will be saved by us and can be requested from us by the customer. It is also possible to print the order and the given details in the course of the ordering process. Insofar as one has registered as a customer, one can view ones details at any time after entering ones personal access data in the online customer area. Data relating to orders and the terms and conditions will be sent with the confirmation email to the email address given in the ordering process.
Delivery takes place within the delivery deadline given on the relevant page in regards to the address to which the product is to be delivered. Our products are delivered by UPS (www.ups.com) Regarding prepayment the deadline given for delivery begins the day the full price is paid (including VAT and shipping costs), when paying via PayPal it begins as soon as receipt of payment has taken place, with credit card payments the deadine begins with the confirmation of order. You will receive your order, as far a possible, in one shipment. Should it be necessary, due to technical or logistical reasons, to send your order in more than one shipment, no extra cost will accrue.
All prices do not include shipping costs.
Please note that local charges (customs duty, sales tax) can occur, depending on your region and local customs duties. These charges are at your own expense.
Following forms of payment are possible: Prepayment It is possible to pay via prepayment. As such ones transfers the price given in the ordering process into the specified account. The account will be specified in the confirmation of order and the product will be delivered once payment has taken place. PayPal Paypal is an online payment process, that works via linkage with a bank account or creditcard. To be able to pay via PayPal it is necessary to have a PayPal account, which can be opened in the process of ordering. Further information on PayPal is available under www.paypal.de. Other Payment-Methods (MasterCard, Visa, Maestro, SOFORT Überweisung) To pay with one of the above mentioned Creditcards, it is necessary to choose the relevant card and enter the required details in the relevant fields. The creditcard will be charged via the Wirecard UK & Ireland Ltd, 1st Floor Ulysses House, Foley Street Dublin 1, Ireland, https://www.checkoutportal.com/.
9. RESERVATION OF PROPERTY RIGHTS
Products remain our property until payment has taken place.
Relevant legal provisions apply in case of defective goods.
11. APPLICABLE LAW
Agreements are governed by the law of the Federal Republic of Germany in exclusion of the UN buying law, as far as no binding international consumer protection law is in opposition.
12. CONTRACT LANGUAGE
Contract language is English.
13. FINAL PROVISIONS
Should single stipulations be or become invalid, so will none of the other stipulations become invalid. Date: 01. Feb. 2016n, erfolgt dies, soweit möglich, stets auf freiwilliger Basis. Diese Daten werden ohne Ihre ausdrückliche Zustimmung nicht an Dritte weitergegeben. Wir weisen darauf hin, dass die Datenübertragung im Internet (z.B. bei der Kommunikation per E-Mail) Sicherheitslücken aufweisen kann. Ein lückenloser Schutz der Daten vor dem Zugriff durch Dritte ist nicht möglich. Der Nutzung von im Rahmen der Impressumspflicht veröffentlichten Kontaktdaten durch Dritte zur Übersendung von nicht ausdrücklich angeforderter Werbung und Informationsmaterialien wird hiermit ausdrücklich widersprochen. Die Betreiber der Seiten behalten sich ausdrücklich rechtliche Schritte im Falle der unverlangten Zusendung von Werbeinformationen, etwa durch Spam-Mails, vor.
SHIPPING RATES & DELIVERY
Other EU Countries + Switzerland: 8 € (shipped by UPS)
International /Non-EU Countries: 25 € (shipped by UPS)
Delivery to Non-EU countries or Switzerland can incure additional custom duties and fees. For more information please visithttp://ec.europa.eu/taxation_customs/index_de.htm, for further information on purchases tax please visit http://auskunft.ezt-online.de/ezto/Welcome.do and specifically for Switzerland visit http://xtares.admin.ch/tares/login/loginFormFiller.do. Further information can be found at the relevant customs office.
Delivery takes place within the delivery deadline given on the relevant page in regards to the address to which the product is to be delivered. Our products are delivered by UPS to German + Austrian addresses, as well as any order to worldwide recipients. Regarding prepayment the deadline given for delivery begins the day the full price is paid (including VAT and shipping costs), when paying via PayPal it begins as soon as receipt of payment has taken place, with credit card payments the deadline begins with the confirmation of order.
You will receive your order, as far a possible, in one shipment. Should it be necessary, due to technical or logistical reasons, to send your order in more than one shipment, no extra cost will accrue.
DATA PRIVACY STATEMENT
ASCERTAINMENT, HANDLING AND USE OF PERSONAL DATA
We ascertain and use customers personal data in order to fulfill their orders, i.e. for the purpose of the provision of the services they have enlisted.
Customer data will be used for advertising or market and opinion research only in so far as this is legally possible, i.e. the customer has given his or her permission. The customer can object to such use of his or her data at any time, without incuring any further costs other than that of transmission of this desire. Any assent given can be cancelled at any time including any future use of data. Contact details can be found below under the heading “Data Protection Contact”.
Data is stored under consideration of the relevant regulations, especially the “Telemediengesetz” (TMG).
DISSEMINATION TO THIRD PARTIES
In order to fulfill the customers order his or her delivery data is transmitted to the respective delivery firm, in lieu the customers payment details are transmitted to the bank or credit card firm authorized to deal with the payment process.
We only pass customer details on to third parties in so far as it is a legal obligation or the customer has given his or her permission.
We will not sell, rent or transfer personal data to third parties for marketing or advertising purposes without the express permission of the customer.
PREVENTION OF ABUSE
We safeguard our website and all our systems with up to date technical and organisational measures against loss, destruction or unwarranted access. The customer must keep his or her access information confidential and close the browser window when he or she has finished his or her session, especially if a computer is being used by multiple people.
CORRECTION, BLOCKING AND DELETION OF PERSONAL DATA
Deletion of stored personal data take place as soon as storage of such data is no longer necessary or such storage is or has become prohibited, i.e. the customer has stated his or her wish that his or her data not be stored. In case a deletion is not possible due to legal or contractual retention periods stand in the way, the relevant data will be blocked.
The Bundesdatenschutzgesetz gives the customer the right to information on his or her stored data free of charge as well as a right to have them corrected, blocked or deleted.
DATA PROTECTION CONTACT
For information, correction, blocking or deletion of data, objection to use for advertising, marketing or opinion research purposes as well as cancellation of given permission and other questions regarding data protection the customer is asked to contact:
Youbag Munich GmbH
81371 Munich, Germany
LINKS TO OTHER WEBSITES
Our online catalogue can contain links to other websites. We have no influence upon how and if the operators of these sites comply with data protection regulations.
USE OF ANALYSIS TOOLS
Our website uses Google Analytics, a web analysis service of Google Inc. (“Google”) Google Analytics uses so called “cookies”, text files that are stored on the customers computer and make it possible for us to analyse the customers use of our website. The information (including the customers IP-address) that is generated by cookies on our website is transmitted to a google server in the USA and is sorted there for analysis purposes. This information is evaluated and summarized in reports to continually improve and optimise our online service. Information is not linked to people and is, subject to legal obligations to surrender such information and in so far as that no third parties process the information on behalf of google, not passed on the third parties. The customer can configure his or her browser so that cookies are rejected or deleted immediately. The customer is asked to use the relevant instructions given by the browser used. We inform the customer that numerous functions on our website may then not work properly. The creation of user profiles can be refused at any time including possible future use. The browser add-on that deactivates Google Analytics can be found under: http://tools.google.com/dlpage/gaoptout?hl=de.