TERMS AND CONDITIONS
We believe in honesty and love, so we hope any issues can be solved with us personally. However, to fulfil legal requirement, here our terms & conditions: These terms and conditions outline the rules and regulations for the use of YOGOJA’s Website. This website is property of YOGOJA located in Berlin, Karower Straße 7, 13125 Germany. You can contact us any time at email@example.com
By accessing this website you accept these terms and conditions in full. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
These General Terms & Conditions (T&C) shall apply for all orders from www.yogoja.com to consumers (§ 13 German Civil Code BGB).
Throughout the site, the terms “we”, “us” and “our” refer to YOGOJA.
‘Consumer’ refers to every natural person who does not purchase a product through our website for commercial or independent professional purposes.
The term ‘entrepreneur’ refers to every natural person, legal person, legally responsible partnership and company that purchases products through our website for independent professional or commercial purposes.
“You” “your” and “customers” refer to both consumers and entrepreneurs.
Conclusion of the contract
(1) Subject of the contract is the sale of yoga mats and bags through our online store. More offer details are available in the product descriptions.
(2) The visual depiction of products in the online shop does not represent a legally binding offer, but a non-binding online offering.
(3) The contract is generated via the online shopping cart system. The order process includes the following:
- Product selection
- Add to shopping cart (here changes can be undertaken)
- Clicking to ‘Check Out’
- Filling in personal information for payment and shipping
- Potential redirection to payment provider to undertake payment
- Verification and editing of all information
- Clicking to ‘Buy’ and accepting the purchase contract
- Order confirmation sent via Email
Please make sure that a correct email address is given, technical reception is insured and the order confirmation is less likely to go into your spam folder.
Orders can be conducted via Email as well. After receiving a non-binding offer, the contract conclusion is accomplished with the following order process:
- Transmission of order mail
- Confirmation email and conclusion of purchase contract
Prices, Shipping & return costs
All stated prices are final and include all price components, including German VAT.
Depending on the delivery method, shipping costs incur which are shown before concluding the purchase contract.
Please note that in case of cancellation, shipping cost are not refundable.
The Online shop offers following payment options: bank transfer, credit card payment and payment service provider (PayPal). Other payment options are not available.
The billing amount is to be transferred to the bank account of YOGOJA.
In assignment to a payment service provider, your successful payment will be directed to us.
In case of credit card purchase your credit card account will be charged before the shipping of the order.
When an invoice is issued, the customer is indentured to transfer the declared amount to our bank account within 14 days after invoice receipt
In the absence of any other agreement, invoices are due to be paid from the invoice date without deductions.
With the end of payment term, the customer will come in default, even without issued notice.
Customer’s right of retention, if not depending on the same contractual relationship, is ruled out.
Furthermore, customer’s offsetting with demands is not possible, unless these are undisputed or legally determined.
With receiving of the payment the goods are packed and shipped within 3 business days, excluding Saturday, Sunday and public holidays. If stocked goods are delivered from YOGOJA’s own warehouse.
In case of obstacle to delivery, particularly force majeure or non-delivery by own supplier, customer are entitled to withdraw from the negotiated contract. You will be informed and received payment will be refunded immediately within 7 business days.
The statutory warranty rights are applicable. In case of aberration, these terms & conditions apply.
If the customer is an entrepreneur the warranty for new goods shall be limited to one year. In case of defects, only YOGOJA can decide to provide guarantee through repair or replacement. Any claims can only amount to the value paid to YOGOJA.
A claim for compensation does not apply if violation of life, body, health or other essential contract obligations are necessary to comply the contract goals. Equally, in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit or contribution claims, it does not pertain as per §§ 478 and 479 of the BGB (German Civil Code).
With receiving the goods, the customer is obligated to examine precisely quality and quantity, and inform YOGOJA in case of defect or similar in written within 3 days in order to maintain the term. This does also apply for defect determined at a later stage from discovery.
Warranty claims cannot elevate if the obligation to inspect and inform of defects were not fulfilled.
In case of defect, YOGOJA can provide guarantee through repair or replacement. If the correction of faults fails, the customer has the right to demand reduction in price or withdraw from the contract. The elimination of defects is valid as failure after the second inefficient attempt, unless the circumstances, the defect or kind of item prove otherwise.
In case of amendment, the customer is responsible to deliver the goods and bear the costs.
YOGOA reserves the right to reject warranty rights if the defect reason is the customer’s culpability and if the defects cause is due to natural aging.
If the customer is an entrepreneur the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery of the article to the forwarding agent, carrier or other person or institution designated with the task of performing shipment, including for delivery by instalments or if we have taken charge of other services, e.g. the shipping costs or delivery and installation.
Customer can access the Terms & Conditions at any time on this page.
The customer has the right to revoke this contract within fourteen days without any specific reasons.
The revocation period is fourteen days with effect from the day,
- on which the customer or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately
- on which the customer or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units
In order to exercise the right of withdraw the customer must inform YOGOJA (Karower Straße 7, 13125 Berlin, firstname.lastname@example.org) of the decision to revoke this contract by a written letter sent via post or email. The customer can use the enclosed specimen revocation form for this, which however is not mandatory. The approval period starts the day with the receipt of the goods.
In order to safeguard the revocation period, it is sufficient that the withdraw notification is sent before the cancellation period expires.
Consequences of Withdraw
If the customer cancels the contract, YOGOJA shall repay all received payments excluding the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered), within fourteen days from the day on which YOGOJA has received the goods, using the same means of payment as the contract partner, unless agreed otherwise. The customer will not be charged any fees owing to this repayment.
We will refuse the repayment until the goods are returned or until furnished evidence has been shown that products have been sent back, whichever is the earliest.
The customer shall send back the goods, unused and packed in original, or hand them over to YOGOJA, without undue delay and in any event not later than 14 days from the day on which the withdrawal from this contract is communicated. The deadline is met if the customer sends back the goods before the period of 14 days has expired. The customer will bear the cost of returning the goods if not differently communicated.
Any depreciation of the products must be settled by the customer only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Karower Straße 7
|I/we (*) herewith withdraw the contract concluded by me/ us (*) regarding the purchase of the following products (*)|
|Ordered on (*)/ received on (*):|
|Signature (only in case of a notification on paper):|
(*) Cross out the incorrect option.
YOGOJA does not warrant that the results that may be obtained from the use of the product will be accurate or reliable. The customer agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall YOGOJA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the customer’s use of any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Assignment and Pledge Ban
The assignment or pledge of the customer to the provider claims or rights shall be without consent of the provider excluded, unless the customer has a legitimate interest in the assignment or pledge proves.
Choice of law, place of fulfilment, jurisdiction
Contract language shall be English although only the German law applies.
This choice of law only applies to consumer if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located.
In case of conflict with merchants and legal persons under public law, the place of jurisdiction is YOGOJA’s place of business, Berlin, legally for all disputes relating to these terms and conditions and closed under their validity individual contracts.
The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. Moreover, YOGOJA reserves the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions. The customer must not transmit any worms or viruses or any code of a destructive nature. YOGOJA reserves the right to refuse service to anyone for any reason at any time.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Amazon Affiliate Links
In order to remain compliant with FTC regulations, this paragraph is to inform you of the ways that YOGOJA may receive compensation through this website.
YOGOJA is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon properties.
YOGOJA is compensated for certain paid links and advertisements on this blog. You are not obligated to click on any link or buy any products that are advertised. Therefore, YOGOJA may be compensated by companies mentioned in this website through advertising, affiliate programs, or otherwise. Any references to third party products, rates, or websites are subject to change without notice. Please do the appropriate research before participating in any third party offers.
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