Terms and Conditions

Terms of contract within the framework of purchase contracts, which are done via the platform ylumishop.com

Between

YLUMI UG (limited liability)
Lychener Str. 41
10437 Berlin

Managing Director:
Amely Kuchenbäcker,
Benjamin Kuchenbäcker

– in the following “Seller” –

and

the user of this platform referred to in § 2 of these GTC – in the following “Customer/Customers”.

§ 1 Scope of application

The following general terms and conditions, in this version, valid at the time of order, applies exclusively to the business relation between seller and customer. Deviating conditions of the customer are not recognised unless the seller explicitly agrees to their validity in written form.

§ 2 Contract formation

(1) The customer can select products from the seller’s range and collect them in a so-called shopping cart by clicking on the "Add to shopping cart" button. By clicking on the button "Buy now" he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.

(2) The provider then sends the customer an automatic confirmation with the subject "Confirmation of your order at YLUMI" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude the contract with the relevant contents of the shopping cart. The confirmation of the receipt (order confirmation) represents the sellers acceptance of the offer, which summerizes the content of the order. In this or in a separate e-mail, but the latest upon delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) will be sent to the customer on a lasting data medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection laws.

(3) The contract is concluded in the following language: English.

§ 3 Delivery, availability of goods, methods of payment

1) Delivery times stated by us are calculated from the time of order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.

(2) If the product designated by the customers order is temporarily unavailable, the seller is obliged to immediately inform the customer. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Moreover, the provider is also entitled to withdraw from the contract. In this case he will immediately refund any payments already made by the customer.

(3) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can enter a delivery address in the same country: Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Norway, Poland, Spain, Sweden, United Kingdom, Austria.

(4) The customer can choose the following payment options: payment in advance, PayPal and immediate bank transfer.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default failure to meet the deadline.

§ 4 Proprietary rights

Until the payment of the purchase price is fulfilled, the delivered goods remain in the property of the seller.

§ 5 Prices and shipping costs

(1) All prices stated on the seller's website include all incidental taxes.

(2) Corresponding shipping costs are indicated in the order form and are borne by the customer, as far as the customer does not make use of a possible right of revocation.

§ 6 Material defect warranty

(1) The provider is liable for material defects according to the applicable legal regulations, especially §§ 434 ff. GERMAN CIVIL CODE. The warranty period for entrepreneurs for delivered items by the seller is 12 months.

§ 7 Liability

(1) Claims for damages stated by the customer are excluded. Excluded are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Essential contractual obligations are those, whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the seller shall only be liable for foreseeable damages that are typical for the contract and if such damages were caused by ordinary negligence, unless the customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paras. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

(4) The regulations of the Product Liability Act remain unaffected.

§ 8 Information about data processing

(1) The seller collects data of the customer in the context of the processing of contracts. In doing so, he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the seller will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) The seller will not use the customer's data for advertising, market or opinion research purposes without the customer's consent.

§ 9 Dispute settlement

The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/. We are prepared to participate in an out-of-court conciliation procedure.

§ 10 Final clauses

(1) Contracts between the seller and the customer 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 and private international law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the provider.

(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. The ineffective points shall be replaced, if available, by the statutory regulations. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid.

Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:

The European commission provides a platform for online dispute resolution (OS) which is accessible under http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.