1 Scope of our General Terms & Conditions (“GTC“)
The present General Terms & Conditions for the sale and delivery of products shall apply to any and all contracts concluded by and between YLVA and customers that govern the sale and delivery of items offered through the website . Unless explicitly agreed otherwise, our GTC (which are communicated to the contractual partner) shall apply. Our contractual partners agree to our GTC even if in case of doubt we do not explicitly object the other party’s terms & conditions. Our fulfillment of contractual obligations shall not be deemed as our consent to terms and conditions contradicting our GTC. However, any uncertainties remaining with respect to the interpretation of contracts and agreements shall be settled by the Parties agreeing on the applicability of provisions normally and commonly agreed in comparable situations.
2 Items Ordered Online
Customers who are consumers in the sense of the Consumer Protection Act shall be entitled to withdraw from contracts (or contractual declarations) that govern the long-distance sale of goods within a term of 7 workdays as from the ordered goods’ receipt. Said term shall commence the day suchlike items are received. The term shall be met by respective letters of cancellation (which do not have to contain any statement on reasons) being sent within that term, whereas Saturdays shall not be deemed as workdays. Before you return any items, please send a short e-mail notification to , informing us on the return consignment. This enables us to quickly identify the respective products. If the Customer cancels a purchase, the respective purchase price shall be refunded in form of vouchers for shopping on as soon as the goods returned are received by us. Any shipping charges for returns shall be borne by the Customer. Please return the items in unused condition that allows for selling them to other costumers and in the original package. Articles derogated by signs of wear (unless the same are a result of normal use) will have to be charged an adequate compensation for the loss in value. The same applies to accessories and/or parts of items missing at return. Return shipping charges shall be borne by the Customer <- Diesen Satz hast Du doppelt in den AGB! If the Customer fails to pay the postage for return consignments we shall be entitled to retain or invoice the respective amount.
3 Offer & Conclusion of Contract
The bare presentation of products in our webshop shall not constitute any legally binding offer made by us. It is merely an invitation to place an order with us.
4 Prices & Shipping Charges
The prices indicated with individual products do include the applicable VAT. In addition to these prices we will charge EUR 4.90 for deliveries within Austria and EUR 12.90 for deliveries to Germany (both of which include VAT) per consignment to cover the shipping costs. However, the respective shipping charges shall be clearly communicated on the pages showing products.
Any items sold by us shall be subject to the Customer’s obligation to collect. Both, the shipping charges as well as the risk of transportation shall thus be with the Customer. If we have defined delivery terms, which are a condition for the order being placed, the same shall extend for the duration of respective delay in the event of industrial action and/or force majeure. The same shall apply if you fail to meet possibly existent obligations to cooperate. If items ordered are not available due to the fact that our suppliers failed to provide us with the respective material and the underlying circumstances are beyond our reasonable control we shall be entitled to rescind from the contract. In suchlike cases, we shall immediately inform you and - if possible - suggest similar items. If suchlike similar items are not available or the Customer rejects the option of being supplied with a comparable product, we shall immediately refund already paid amounts (purchase prices). If goods cannot be delivered after three respective attempts we shall be entitled to rescind from the contract. Payments already made shall in suchlike cases be refunded immediately, deducting the shipping charges incurred by us.
Already at the time of concluding the contract, the Customer undertakes to pay the full purchase price. Unless otherwise agreed in writing, our claims shall be paid concurrently with the goods’ handover. Any discounts for prompt payment shall be subject to separate agreements. Payment shall be made in advance or compensated by vouchers. We reserve the right to exclude specific payment options. Our bank details will be communicated within our order confirmations. Goods shall be delivered upon receipt of the respective payment.
7 Title Retention
The goods hereunder shall remain our property until they have been paid in full. Before the ownership to the goods is transferred, any and all pledging, transfer by way of security and/or transformation thereof shall be subject to our consent. The Customer acknowledges our right to pick up the goods at any time and at the Customer’s expense in the event Customer should be in (partial) default of payment. In the event of default we shall furthermore be entitled to exercise our rights resulting from the retention of title. The Parties hereto agree that exercising suchlike title retention rights shall not constitute any cancelation of the contract unless we explicitly declare this.
8 Place of Fulfillment
Place of fulfillment for both of the Parties hereto shall be Vienna / Austria.
9 Non-Performance / Payment or Delivery Default
In general, the Customer / buyer shall be obliged to accept minor exceedance of delivery terms without being entitled to any claim damages or exercise any rights to withdraw from the contract.
Unless the right of rescission is provided by law, we reserve the right to meet warranty claims at our sole discretion by improving or replacing items or reducing their price. It shall generally be within the Customer’s obligation to prove the existence of defects at the time of the goods’ transfer. The Customer shall inspect the goods immediately upon receipt. Any defects identified thereby shall likewise be communicated to the Seller immediately, however no later than 3 days upon receipt. Suchlike notice of defects shall specify the nature and extent of defects. Latent defects shall be reported immediately upon detection. If the Customer fails to communicate a notice of defects (in due time) the goods shall be deemed accepted. In suchlike cases, any warranty claims or claims for damages as well as avoidance on account of mistake shall be excluded. Please note that colors and apparent quality of the goods presented on our portal might occasionally be perfectly realistic. Your computer system might render colors improperly, which is beyond our reasonable control. Therefore, suchlike circumstances shall not constitute any defect.
11 Recourse Claims as per § 933b ABGB (Austrian General Civil Code)
Any right to recourse claims as per § 933b ABGB (Austrian General Civil Code) shall be excluded.
12 Compensation for Damages
Except for damage to persons, our liabilities shall be limited to cases of evidenced gross negligence. The responsibility to furnish respective proof shall be with the aggrieved party.
13 Product Liability
Any and all recourse claims brought forth against us by the contractual partner or any third party in context with “Product Liability” as defined by the PHG (Product Liability Act) shall be excluded unless the claiming party can demonstrate our misconduct and error or at least our gross negligence.
The right to set off our claims by counterclaims of whatsoever kind and nature shall generally be excluded.
15 Final Provisions
The present GTC as well as any all transactions hereunder shall be governed by Austrian law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For Customers who are merchants, corporate body under public law or special fund under public law, our registered office shall be place of jurisdiction.