GENERAL TERMS AND CONDITIONS
(Last update on 14.09.2022)
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions shall govern the use of YAASA webshop (https://yaasa.com) of YAASA GmbH and product orders placed through the webshop (YAASA Webshop hereinafter referred to as Webshop and YAASA GmbH hereinafter referred to as Seller). By using the website and/or ordering a product and making a binding offer, you, as customer (the Customer) accept all of the following business, ordering and delivery terms and conditions of the Seller (hereinafter referred to as General Terms and Conditions, or GTC). Please note that for business customers other clauses of the GTC may apply than for consumers. Formore information about the Seller, please refer to the imprint at https://yaasa.com/pages/imprint.
The Customer has the possibility to order the goods listed by the Seller in the Webshop in accordance with Section 3 of the GTC. A purchase contract shall also be concluded in accordance with the provisions of Section 3 of these GTC.
2.1 Legal capacity and power to represent
The placing of orders, as well as the registration of a customer account by natural persons requires their unrestricted legal capacity and the completion of the 18th year of life. The Customer affirms these requirements with a confirmation before the completion of the ordering process in the webshop and hereby accepts all legal consequences of a false statement.
Use by legal entities is governed by the legal and contractual provisions governing their power of representation.
2.2 Customer account
The Customer has the option to register with a customer account in the Webshop free of charge. When registering, the Customer must specify whether he/she is registering as an entrepreneur ("business customer") or as a consumer("private customer"). Billing will be made to the billing address provided in the registration. The Customer has the option of creating a private customer account or a business customer account, in each case by providing the appropriate customer data, in particular name, billing and delivery address, country of delivery, e-mail and telephone number and, in the case of a business customer account, by providing the tax number or, if applicable, the name of the company (customer data). If available, the Customer must provide his/her VAT number when opening a business customer account. By disclosing his/her VAT number, the Customer confirms that he/she is an entrepreneur. Orders via the private customer account shall be deemed to be offers of a consumer, orders via the business customer account shall be deemed to be offers of an entrepreneur and, upon acceptance of the respective offer by the Seller, shall lead in the first case to the closing of a one-sided business-related transaction, in the second case to the closing of a two-sided business-related transaction, with the respective legal consequences. A change of the invoice address after acceptance of the offer by the Seller - and thus a change of the qualification of the transaction- is not possible.
2.2.1 Security and liability
The Customer is obliged to keep his/her access data to the customer account secret and to protect it from unauthorized access by third parties. The Customer is liable for all damages that occurred by him/her, third parties or the Seller from the (unauthorized) use of his/her customer account by a third party.
2.3 Orders as guest
However, the Customer may also place orders as a "guest" without registering. When placing an order as a "guest", the Customer must also indicate whether he/she is ordering in his/her capacity as a consumer ("private customer") or in his/her capacity as an entrepreneur ("business customer"), providing the relevant customer data. Depending on the information provided by the Customer, acceptance of the offer by the Seller in the first case results in a one-sided business-related transaction, in the second case in a two-sided business-related transaction, with the respective legal consequences. A change of the customer data after acceptance of the offer by the Seller - and thus a change of the qualification of the transaction - is not possible. Certain functionalities and additional options may not be available in case of an order as "guest" and require the registration of a customer account. The Customer can deactivate his/her account at any time. The Seller reserves the right to deactivate customer accounts that are inactive (no orders are placed - for more than 365 days).
2.4 Customer data
The customer data requested in connection with registration, or orders and transmitted by the Customer must be disclosed by the Customer completely and correctly. If the data provided changes, the Customer is obliged to immediately disclose the new data and - if the Customer is registered with a customer account - to immediately update the information in the customer account. If the Customer deactivates his/her customer account, or if it is deactivated by the Seller, the data of the Customer will be deleted, unless the storage is necessary for the fulfillment of legal obligations to which the Seller is subject and/or for the enforcement of legal claims of the Seller.
3. ORDER, CONTRACT CLOSING
The product advertisements placed on the Webshop represent a non-binding offer by the Seller to the Customer to make an offer to conclude a purchase contract. An order placed by the Customer via the Webshop shall be deemed to be an offer and shall be binding to the Seller only with its acceptance. The Seller is not obligated to accept the Customer's offer, the Customer acknowledges in particular that the Seller does not guarantee that the listed goods are actually available.
The receipt of the e-mail confirming the order sent by the Seller to the e-mail address provided by the Customer (the Order Confirmation) shall be deemed as acceptance of the order, whereby the purchase agreement for the specified goods at the specified purchase prices shall be deemed to be concluded. If the Customer considers that the order confirmation differs from the offer submitted via the Webshop, the Customer is obliged to notify the Seller thereof immediately via e-mail, stating the differences.
4. PURCHASING PRICE
The purchase price shall be the price in euros per item for the individual goods (Purchase Price) stated in the Webshop at the time of the order. The Purchase Price includes the statutory value added tax (VAT) as well as other price components, if such components are expressly stated for the individual products. The (total) Purchase Price for the ordered product(s) will be stated in a payment overview and in the order confirmation before the order is completed.
5. PAYMENT AND BILLING
The Seller invoices the Customer for the Purchase Price.
The Seller accepts the payment methods listed in the Webshop. The available payment methods may be limited. The Customer is not entitled to a specific payment method.
6. DELIVERY TERMS
The delivery of the products ordered by the Customer is carried out by a carrier to the delivery address specified by the Customer. Delivery to an address outside the territory of the European Union is subject to a charge.
The Customer acknowledges that all information on shipping or delivery of a product are only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this was separately agreed with the Seller in written form.
The Customer will receive a shipping confirmation via e-mail to the e-mail address provided by him/her when the ordered goods have been handed over by the Seller to the carrier.
If a delivery to the Customer is not possible for reasons within the Customer's sphere of influence, in particular because the delivered goods do not fit through the Customer's entrance door, front door or staircase, or because the Customer cannot be found at the delivery address provided by him/her at the time of delivery, although the delivery date was announced to the Customer with reasonable notice, the Customer shall bear the costs for the unsuccessful delivery.
6.1 Maturity and reservation of title
The Seller's receivables shall become due for payment upon binding submission of the offer by the Buyer.
All goods delivered by the Seller remain its property until full payment. A sale of the goods by the Customer to a third party before their full payment requires the prior consent of the Seller.
If after payment of the Purchase Price and transmission of the order confirmation, it turns out that the ordered goods are not (or no longer) available at the Seller, the Seller may unilaterally withdraw from the contract within [2 (two) business days] from the date of transmission of the order confirmation to the Customer. The Seller shall refund the payments made by the Customer under the contract no later than within fourteen (14) days from the date of receipt of the order confirmation by the Customer.
6.2 Transfer of risk
6.2.1 Consumer business
If the Customer is a consumer, the risk of loss of or damage to the goods shall be passed to the Customer upon shipment of the goods as soon as the goods are delivered to the Customer or to a third party designated by the Customer and different from the carrier. The goods shall be deemed to have been delivered when they are either (i) taken over by a person present at the delivery address specified by the Customer, or (ii) if no one is found at the delivery address, at the time when the goods can be collected for the first time by the Customer from the depository designated for the delivery address - in case of doubt, this shall be the beginning of the opening hours of the depository on the business day following the day of the attempted delivery.
6.2.2 Non consumer business
If the Customer is an entrepreneur, the risk of loss of or damage to the goods shall be passed from the Seller to the carrier when the goods are shipped.
7. RIGHT OF WITHDRAWAL
7.1.1 Consumer business
If the Customer is a consumer, he/she has the right to withdraw from the contract without giving reasons. The period for declaring a withdrawal is 30 days from the day which the Customer or a third party designated by the Customer, who is not the carrier, has taken possession of the goods. Saturdays, Sundays and public holidays are included in the calculation of that period. The declaration of withdrawal is not bound to any particular form. The withdrawal period is met if the declaration of withdrawal is sent within the period.
7.1.2 Non consumer business
If the Customer is an entrepreneur, he/she has the right to withdraw from the contract insofar as it concerns no more than one (1) individual product per product category offered by the Seller. The period for declaring a withdrawal is 30 days from the day which the Customer or a third party designated by the Customer, who is not the carrier, has taken possession of the goods. Saturdays, Sundays and holidays are included in the calculation of that period. The declaration of withdrawal is not bound to any particular form. The withdrawal period is met if the declaration of withdrawal is sent within that period. Beyond that, the Customer has no right of withdrawal.
7.1.3 The Customer has the following options for a written declaration of withdrawal from the contract with the Seller:
- The use of the withdrawal form provided by the Seller in the Webshop at https://yaasa.com/policies/refund-policy, that is to be sent to the e-mail address email@example.com.
- The transmission of a written declaration of withdrawal, according to which the Customer withdraws from the concluded purchase contract, to the following address of the Seller: Radlpass Straße 19, 8502 Lannach.
7.2 Consequences of the withdrawal
If the Customer withdraws from the contract, the Customer must return the received goods in the original packaging and disassembled to the Seller immediately, but no later than within 30 days from receipt of the order confirmation. The costs of returning the goods shall be borne by the Seller, if the package size at the time of return corresponds to the original package size. If the package size does not correspond to the original size, the Customer shall bear the higher costs incurred. These costs will be deducted and charged directly to the Customer from the refund. If the refund has already been made, the costs will be charged to the Customer subsequently.
The Seller shall refund the payments made by the Customer under the contract no later than 14 days from the day the goods subject to the withdrawal are received by the Seller. The same payment method used in the original transaction by the Customer shall be used for this refund.
The Seller is entitled to refuse to make a refund until the Seller has received the goods back or until the Customer has provided proof that he/she has returned the goods, depending on which is the earlier moment.
The Customer shall pay compensation to the Seller for a reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
8. WARRANTY, LIABILITY AND GUARANTEE
8.1.1 Warranty for consumers
All products from the Webshop are subject to the statutory warranty rights. In case of defects or damage due to wear and tear caused by the Customer, the warranty is excluded. This is the case, for example, with improper handling.
8.1.2 Warranty for entrepreneurs
If the Customer is an entrepreneur, he/she must give notice of any defects that occur immediately, in a specified manner and in written form. The existence of defects shall be proven by the Customer. § 924 ABGB shall not apply. The warranty period is six (6) months from delivery of the respective goods.
8.2 Liability in general
The Seller's liability towards entrepreneurs is limited - with the exception of personal injury, for which liability is not limited - to the value of the goods ordered, unless the Seller or a person for whom the Seller is responsible, has caused damage intentionally or at least through gross negligence. The seller is also not liable for consequential damages or lost profits.
The Seller's liability towards consumers is limited - with the exception of personal injury, for which liability is not limited - to the value of the goods ordered, unless the Seller or a person for whom the Seller is responsible has caused damage at least by gross negligence.
The Seller assures to have the ordered goods packed and transported according to their nature. The Seller reserves the right not to accept offers of the Customer for ordering goods that are not in stock. The Customer must make complaints about delivery quantities to the carrier immediately. The Customer shall immediately notify the Seller by phone at (0800) 55 66 40 546, or by e-mail at firstname.lastname@example.org of any hidden quality defects and/or incorrect delivery quantities not apparent upon acceptance. In case of improper storage of the products by the Customer, the claim for complaint expires.
Damage claims against the Seller in connection with the use of the website and/or the Webshop in connection with legal transactions with the Seller are excluded, unless personal injury is involved or the Seller or a person for whom the Seller is responsible has caused the damage intentionally or through gross negligence. All information has been carefully researched, but errors or typographical errors cannot be excluded. The Seller provides the services with the utmost care, but is not liable for services provided by third parties and/or obtained from third parties.
8.5 Guarantee in consumer business
The Seller grants Customers a voluntary, free guarantee of 5 years from acceptance of the offer (i.e. receipt of the order confirmation) on selected products. In addition, the Seller refers to the guarantee conditions at https://yaasa.com/pages/guarantee, which are an integral part of these GTC. By making a purchase, the buyer acknowledges that he/she has read and agrees to the guarantee terms. The guarantee conditions are therefore deemed to be agreed upon with the purchase of a product.
Any statutory rights beyond this, in particular the statutory warranty, shall of course remain unaffected by this guarantee and shall continue to apply without restriction.
9. DATA PROTECTION
9.1 In General
10. E-BUSINESS AND E-COMMUNICATION
By using the internet services of the Seller, the Customer gives his/her explicit consent to participate in electronic commerce and declares his/her explicit consent to receive and legally validly accept legally relevant declarations and notifications in connection with the use of the Webshop by means of electronic communication, in particular by means of e-mail to the e-mail address provided by the Customer or by publishing electronic messages or other communication on the website in the area of the Customer's account.
The Seller reserves all rights, in particular trademark rights and copyrights, to the entire content of the website, the Webshop and the newsletter. Unless the usage is permitted by law, any use of the contents of the website, the Webshop and the newsletter, in particular the storage in databases, copying, distribution or editing, requires the prior explicit written consent of the Seller. All images of products are symbolic images.
12. DURATION OF VALIDITY
These General Terms and Conditions are valid from now on until revoked.
13. SEVERABILITY CLAUSE
Should one or more provisions of these General Terms and Conditions be or become legally invalid or unenforceable in whole orin part, it shall not affect the legal validity or enforceability of the remaining provisions. The legally invalid or unenforceable provision shall be replaced by the legal provision. If this would lead to an unacceptable result, or in the case of loopholes, the legally invalid or unenforceable provision shall be replaced by a legally valid or enforceable provision that comes as close as possible in its technical and economic content to the legally invalid or unenforceable provision.
14. Court of jurisdiction and choice of law
For all disputes arising from these General Terms and Conditions and business transactions with the Seller - including disputes regarding the conclusion, legal validity or termination of contracts - the court having subject-matter jurisdiction for Deutschlandsberg shall have exclusive jurisdiction (hereinafter referred to as the Seller's place of jurisdiction). Consumers with domicile, habitual residence or place of employment in Germany may choose between the Seller's place of jurisdiction and the court having subject-matter jurisdiction at their domicile, habitual residence or place of employment.
All disputes arising from these General Terms and Conditions and from business transactions with the Seller - including disputes regarding the conclusion, legal validity or termination of contracts - shall be governed exclusively by Austrian law, to the exclusion of all national and international conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
SAMPLE WITHDRAWAL FORM
If you want to revoke the contract, please fill out and return this form
Radlpass Straße 19
I/we (*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods (*)/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 when notified through paper)
(*) Delete if not applicable.