Terms and Conditions
General Terms and Conditions of Business and Consumer Information
YOU LOVE IT GmbH
Lotharstr. 41
40547 Düsseldorf
Tel.: +49 (0)211-59816-50
Fax: +49 (0)211-59816-51
email: welcome@you-love-it.eu
§1 Scope
1. By placing an order, you recognise the validity of these General Terms and Conditions in the version applicable at the time the order is placed. Contrary conditions of the customer – unless explicitly recognised – shall not apply.
2. The customer is a consumer as long as the purpose of the deliveries and services ordered cannot be attributed to his commercial or freelance professional activities. In contrast, a businessperson is any natural or legal entity or legally responsible business partnership which acts in exercising its commercial or freelance professional activities when concluding the contract.
§2 Delivery territory
We deliver solely to countries that are stated in the shipping cost table, which can be accessed via the "Shipping Costs and VAT" button/link.
§3 Conclusion of contract, availability of goods, contract language
1. The presentation of the products in the online shop is not a legally binding offer, but a non-binding product presentation. By placing your order, you submit a binding offer for the conclusion of a purchase agreement. This occurs by post, via e-mail, by fax or using the order form. The latter is true if you place the relevant items in the shopping basket and then, after entering your personal data and selecting the shipping and payment types, finally submit the order. During this order, you can correct all entries throughout. In addition, your entries are summarised again before the order is submitted and can be edited/corrected after this summary.
We will confirm receipt of the order immediately and by e-mail within one day of the order at the latest. Please note that this confirmation of receipt does not signify acceptance of your offer, but is merely for information purposes. When the goods are shipped, we will send you a separate e-mail (order confirmation) in which we inform you of the shipping and within the scope of which we accept your contractual offer. You must therefore ensure that the e-mail address you enter for processing the order is correct and that these e-mails sent by us can be received. Please also check your “Junk e-mail” folder if applicable.
2. If none of the product selected by the customer is available at the time he places the order, we will inform the customer of this immediately in the order confirmation. If an alternative item is available, we will alert the customer to this fact. If the product is permanently unavailable, we will not send a declaration of acceptance. No contract is concluded in this case.
If the product named by the customer in the order is only temporarily unavailable, we will likewise inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Otherwise, in this case we are also authorised to release ourselves from the contract. Any payments already made by the customer shall be returned immediately.
3. Please note that contracts can only be entered into in German or English.
§4 Text of contract
We shall save the contract text/your order data once the contract is entered into. You may call up, save and print the contract text/your order data at any time via your internet customer account. In addition we shall forward the General Terms and Conditions of Business, which are also permanently available in our shop, to you by e-mail as part of the order confirmation so that you can also view, save and print them.
§5 Prices and return costs in the event of cancellation
1. The prices are stated next to the individual product illustrations. They are to be construed plus delivery and shipping costs. You are required to pay such costs, and these can be viewed in our offer via the "Shipping Costs and VAT" button.
2. You, the customer, shall be required to carry the normal cost of returning goods.
§6 Payment methods, Obligation to pay in advance
You can choose between paying in advance (bank transfer), by credit card (Saferpay), by paying in cash if you wish to collect the goods.
If you choose to pay in cash when you collect the goods, payment is to be made on a step by step basis subject to hand-over of the goods. Otherwise, you undertake to pay in advance, and payment is to be made within one week after the contract is entered into or payment by credit card is to be made within one week after the contract is entered into.
§7 Prohibition on setting off and right of retention
1. You may only set off if the counterclaim you intend to set off is undisputed, has become res judicata or if a decision is pending in court regarding the legal dispute about the claim in question.
2. The same applies to a right to retain payment insofar as you are a merchant. If this is not the case, you may only exercise a right of retention if your cross-claim is based on the same contractual relationship.
§8 Rights in respect of defects
The statutory provisions for defects apply. Insofar as the supplied goods are faulty, you shall be entitled, as part of these provisions, to demand subsequent performance, withdraw from the contract or reduce the purchase price.
The period of limitation of warranty claims is two years from delivery of the goods to you.
§9 Liability
1. We are not liable for damages. This does not include your claims for damages resulting from loss of life, physical injury or detrimental effects on health; or the violation of key contractual obligations (cardinal obligations) or liability for other damage based on intentional or gross negligent violation of obligations by us, our legal representatives or vicarious agents. Key contractual obligations are obligations specified in the contract which, on the basis of the content of such a contract, are incumbent upon us with a view to achieving the contractual purpose. Furthermore they are obligations that must be honoured if the contract is to be properly executed and are obligations you can normally expect to be adhered to.
2. In the case of violating key contractual obligations, we shall only be liable for typical contractual and foreseeable damage if such damage is based on minor negligence, unless the claims for damages are attributable to the loss of life, physical injury or detrimental effects on health.
3. The above restrictions in respect of our liability also apply in favour of our legal representatives and vicarious agents if claims are lodged directly against these.
4. This does not affect the requirements of the German Product Liability Act.
§10 Place of jurisdiction and choice of law
1. If you are a merchant, legal person under public law or a special federal fund, Düsseldorf is deemed the sole place of jurisdiction for all legal disputes resulting from and in conjunction with this contractual relationship.
2. The law of the Federal Republic of Germany applies by way of exclusion of the laws on the international purchase of movable goods. This does not affect mandatory provisions valid in the country in which you have your habitual residence.
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