of beyounic GmbH, Nordstraße 27, 33181 Bad Wünnenberg, Germany
1. Scope of application
The following terms and conditions apply to all contracts concluded between you and us for the delivery of goods produced by us according to your specifications. Deviating, conflicting or supplementary General Terms and Conditions of Business on your part shall not become part of the contract unless we have expressly agreed to their validity.
2. Conclusion of contract
(1) You order prefabricated products from us or you commission us to manufacture personalised/individualised products by sending us your file templates (images, texts or combinations of images and text) with which the products to be manufactured by us for you are to be personalised/individualised. By clicking on the "order with obligation to pay" button, you submit a binding offer to conclude a contract with us. We will immediately confirm receipt of your order by e-mail. This order does not yet include the acceptance of your offer to conclude the contract.
(2) We accept a binding application from the customer as follows:
a) If the customer has opted for payment via PayPal, PayPal-Plus or GiroPay, he will receive an order confirmation from us immediately after receipt of his order, which at the same time contains the acceptance of his binding application to purchase the goods ordered by him. Upon receipt of this e-mail by the customer, the contract is therefore concluded.
(3) In the respective acceptance e-mail or in a further separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation and, in the case of consumers, also the cancellation policy and sample cancellation form) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract shall be stored in compliance with data protection regulations.
(4) The contract is concluded in English.
3. Prices/delivery/retention of title
The prices stated on our website when the order is placed shall apply. These include the net order value, shipping costs, any other price components and the applicable statutory VAT.
We deliver according to the information on our website, whereby we specify the delivery time in the order process.
The delivered goods remain our property until they have been paid for in full.
4. prices and shipping costs
(1) All prices stated on our website include the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of cancellation.
(3) The goods are dispatched by post. We bear the shipping risk if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the direct costs of the return shipment.
5. Payment modalities
(1) The customer can pay by PayPal, credit card or SEPA direct debit.
(2) The customer can change the payment method saved in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall be in default by missing the deadline. In this case, he shall pay us interest on arrears for the year in the amount of 5 percentage points above the base interest rate. In the case of entrepreneurs, the default interest shall amount to 9 percentage points above the base interest rate.
(4) The customer's obligation to pay default interest shall not exclude the assertion of further damages caused by default by us.
6. Right of cancellation
(1) Many of the products you order from us are created according to your specifications and are clearly customised to your personal requirements. In the case of such personalised orders, you have no right of withdrawal (cf. § 312g para. 2 no. 1 BGB). With regard to all other products, we will inform you of your right of cancellation as a consumer as set out in the following paragraphs.
(2) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, about which we provide information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (3). A sample cancellation form can be found in paragraph (4).
Cancellation policy
Right of cancellation: You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise the right to cancel, you must inform us (beyounic GmbH, Nordstraße 27, 33181 Bad Wünnenberg, phone: +49 (0) 2957 / 9895240, e-mail: service@beyounic.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (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 by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
(3) The right of cancellation does not apply to distance selling contracts
(3) We provide the following information about the model cancellation form in accordance with the statutory provisions:
-------------------- Cancellation form --------------------
If you wish to cancel the contract, please complete and return this form. To
beyounic GmbH
Nordstraße 27
33181 Bad Wünnenberg
Germany
E-Mail: helpdesk@beyounic.eu
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_________________________________________________________________________
_________________________________________________________________________
Ordered on(*) __________________ / received on(*) __________________
_________________________________________________________________________
Name of the consumer(s)
_________________________________________________________________________
Address of the consumer(s)
_________________________________________________________________________
Signature of the consumer(s) (only for notification on paper)
________________________________ Date
(*) Delete as appropriate
7. Claims for defects/liability
With the exception of the following restriction, the statutory provisions shall apply.
However, claims for damages on your part shall only exist if they are attributable to intentional or grossly negligent behaviour on our part. This limitation of liability shall not apply in the event of injury to life, limb or health or a breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance you as our contractual partner may regularly rely.
8. ODR platform (Art. 14 (1) ODR Regulation)
The European Commission provides a platform for online dispute resolution (OS). You can find this at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in this platform.
9. Copyright/offenceable content
You warrant that you hold the necessary copyrights, trademark rights or other rights for all image files and text files transmitted to us and the use you have commissioned. You shall indemnify us against all third-party claims asserted against us due to the infringement of third-party property rights as a result of the fulfilment of the order placed with us by you.
You further warrant that the content of the files you send us does not violate applicable law, in particular the prohibition of child pornography (§§ 184 ff StGB).
10. Data protection
We refer in this respect to our privacy policy.
11. Final provisions
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumer contracts, however, the mandatory provisions of the state in which you as our customer have your habitual residence shall apply.
If you do not have a general place of jurisdiction in Germany or have moved your place of residence abroad after conclusion of the contract or if your place of residence is not known when legal action is brought or if you are an entrepreneur acting in this capacity, the place of jurisdiction for all disputes shall be Essen. You confirm the validity of these GTC with the jurisdiction clause contained therein by clicking on it during the order process.
