Terms of service
GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR ENTREPRENEURS
FOR THE USE OF THE YOUVEE STORE ("TERMS AND CONDITIONS")
1. SUBJECT MATTER; SCOPE
1.1 These General Terms and Conditions of Business ("Terms and Conditions") govern the use of the online store ("youvee Shop" or "we") operated by FRENELL GmbH, Luisenstraße 52a, 76137 Karlsruhe, ("youvee " or "we") on the youvee.de website ("youvee Shop" or "Website") by the respective customer, provided that the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), i.e. a natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity ("Customer"). The GTC shall apply in particular to contracts for the sale and/or delivery of movable items from the youvee Shop. The offer on the Website is not directed to consumers within the meaning of § 13 BGB (German Civil Code).
1.2 These General Terms and Conditions apply exclusively. Any conflicting, deviating, or supplementary terms and conditions of the customer are hereby rejected and shall not become part of the contract unless youvee expressly agrees to their validity in writing.
2. REGISTRATION; CUSTOMER ACCOUNT AND CONTRACT OF USE
2.1 In principle, customers can use the website without registering or creating an account. However, registration and the creation of an account may be required for individual functions described in more detail at the relevant place on the Website ("Customer Account"). For this purpose, all mandatory fields marked as such (*) in the registration mask provided for this purpose must be filled out completely and correctly. These are required for the creation of a customer account. Additional information is voluntary. The customer will then receive an e-mail in which he must confirm the registration. In order to be effective, the registration must be confirmed by youvee, which is done by providing and activating the individual customer account.
2.2 The customer is obliged to provide only complete and truthful information at all times. If the data provided change after registration, the Customer shall notify youvee immediately by changing the data in the respective settings of the customer account, provided that this does not conflict with any overriding legitimate interests of the Customer.
2.3 During the registration process, the Customer shall receive access data (including password), which must be kept secret and carefully secured. Passing them on to third parties is prohibited. The customer account is not transferable. The customer shall also be obligated to notify youvee immediately by e-mail if there are any indications that access data has been or will be misused by third parties. youvee shall not disclose a customer's password to third parties and shall never ask the customer for the password by e-mail or telephone. The customer shall generally be liable for all activities carried out using his or her access data, provided the customer is responsible for the misuse of the access data.
2.4 Upon successful registration and creation of a customer account by youvee in accordance with section 2.1, a contract for use of the Website and the services offered thereon under these Terms and Conditions shall be concluded between the Customer and youvee for an unlimited period of time ("User Agreement"). The User Agreement may be terminated by youvee at any time with one (1) month's notice by e-mail to the e-mail address stored in the Customer's account. The customer may terminate the usage agreement at any time by deactivating his or her customer account. The right of both parties to terminate without notice for good cause shall remain unaffected.
3. ORDER PROCESS; CONCLUSION OF CONTRACT
3.1 The purchase of articles in the youvee Shop can be made via a created customer account (if available) or as a guest.
3.2 The presentation of items in the youvee Shop shall not constitute a legally binding offer, but merely a non-binding online catalog. The customer may initially place the articles in the shopping cart without obligation. In addition, the customer may correct his or her entries at any time before sending the binding order by using the correction aids provided and explained in the order process. By clicking on the correspondingly labelled order button at the end of the ordering process, the Customer submits a binding contractual offer with regard to the items in the shopping cart. In addition to other mandatory information marked as such, the Customer must provide his company and (if available) his VAT ID to enable youvee to verify the Customer's entrepreneurial status.
3.3 As soon as the Customer places an order, youvee shall send the Customer an e-mail confirming receipt of the order, listing the details of the goods ordered and containing the text of the contract (i.e., of these Terms and Conditions) ("Order Confirmation"). This order confirmation does not constitute acceptance of the customer's offer, but merely informs the customer that the order has been received.
3.4 When the purchase contract is concluded depends on the method of payment chosen by the Customer:
3.4.1 SEPA Direct Debit / Invoice
youvee shall accept the Customer's offer submitted with the order by sending a declaration of acceptance by e-mail ("order confirmation e-mail") or by shipping the ordered goods to the address specified by the Customer.
3.4.2 Credit Card
When placing the order, the customer provides his credit card details and the credit card company carries out an authorization check. Once the customer has been legitimized as the rightful cardholder, the payment transaction is automatically initiated and the customer's credit card is charged when the order is placed. The contract with youvee shall come into effect at the time the credit card is charged.
During the order process, the customer is redirected to the website of the online provider PayPal. There, the customer can enter his payment data and confirm the payment instruction to PayPal. After placing the order, youvee requests PayPal to initiate the payment transaction and thereby accepts the customer's offer.
3.4.4 Instant bank transfer
In the case of an immediate bank transfer, the customer must log in to the online banking system required for this purpose using his bank's access data and, after authentication, confirm the payment order including the data of the purchase transaction. The contract is concluded at the time the customer confirms the payment instruction to SOFORT GmbH.
3.5 The language available for the conclusion of the contract shall be German. youvee shall save the text of the contract (i.e., these Terms and Conditions), which can also be viewed at any time and downloaded and saved (e.g., using the print or save function of the customer's browser).
4. PRICES; TERMS OF PAYMENT; RETENTION OF TITLE
4.1 All prices quoted in the youvee Shop are net prices exclusive of value-added tax and are exclusive of any shipping or delivery costs ("Shipping Costs"). The total price including VAT and any applicable shipping costs shall be displayed on the final order page before you place your order.
4.2 The customer may choose from the payment methods listed within the youvee Shop, i.e., invoice, SEPA direct debit, credit card (Visa, MasterCard), PayPal, and immediate bank transfer.
4.3 Invoices from youvee shall be due and payable in Euro immediately upon receipt of the invoice.
4.4 The goods shall remain the property of youvee until payment has been made in full. youvee shall retain title to the goods until all claims from an ongoing business relationship have been settled in full. The customer may resell the reserved goods in the ordinary course of business; the customer shall assign to youvee in advance all claims arising from such resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and youvee shall accept this assignment. The customer shall remain authorized to collect the receivables, but youvee may also collect receivables itself if the customer does not meet their payment obligations.
5. SHIPPING AND TRANSPORT COSTS; TRANSFER OF RISK
5.1 Shipment and transport of the delivery items shall generally be uninsured and at the customer's expense and within the period specified in the youvee Shop after receipt of full payment. It is not possible to pick up the goods yourself.
5.2 The risk of accidental loss or accidental deterioration of the delivered goods shall pass to the customer in accordance with § 447 BGB (German Civil Code) when youvee hands over the ordered goods to the shipping service provider.
6. WARRANTY RIGHTS FOR DEFECTS
6.1 The customer shall notify youvee in writing (e.g., by e-mail) of any shortfalls or incorrect deliveries within a period of two (2) weeks. Unsatisfactory goods may not be processed or installed. Sections 377 et seq. of the German Commercial Code (HGB) shall apply.
6.2 youvee shall be liable for defects in the goods in accordance with the statutory provisions. If the customer suffers damage due to a culpably caused defect, the provisions of Clause 8 (Liability; exclusion of liability) shall apply to any claim for damages.
6.3 The limitation period for claims arising from defects of quality and defects of title shall be one year. This period shall apply to all cases in which subsequent performance and compensation for damages and expenses based on defects can be demanded. It begins with the delivery of the goods.
7. TRANSPORT DAMAGE
In the event of damage or loss in transit, youvee asks the Customer to use their best efforts to assist youvee in asserting claims against the relevant transport company or transport insurance company. If goods with obvious transport damage are delivered, youvee requests that the customer complain about such defects to the delivery company as soon as possible and contact youvee immediately. Important: Failure to make such a complaint or contact shall have no consequences whatsoever for the customer's legal claims and their enforcement, especially warranty rights. However, the customer shall help youvee to be able to assert youvee's claims against the carrier or the transport insurance company.
8. LIABILITY; EXCLUSION OF LIABILITY
8.1 youvee shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, in the event of simple negligent injury to life, body and health, in the event of the assumption of a guarantee or a procurement risk, and in the event of liability under the Product Liability Act.
8.2 In the event of a simple negligent breach of material contractual obligations, i.e., obligations on the proper fulfillment of which the customer regularly relies and may rely for the execution of the contract, youvee's liability shall be limited to the foreseeable damage that typically occurs.
8.3 Under the above provisions, youvee shall be liable both for its own actions and for the actions of its organs and vicarious agents.
8.4 Any further liability is excluded. To the extent that liability is excluded or limited, this shall also apply in the event of personal liability on the part of the organs or vicarious agents of youvee.
8. 5 Subject to the aforementioned limitations, youvee shall not be liable (i) for damage caused by improper or unsuitable use of the delivered products, in particular due to overstressing, incorrect or negligent handling, improper maintenance and incorrect assembly and commissioning; (ii) if statutory or youvee's assembly, operating, maintenance and cleaning instructions are not followed by the Customer or third parties and damage is attributable to such non-compliance; (iii) for the consequences caused by improper rectification of defects by the customer or third parties commissioned by the customer or if changes are made to the delivery items or parts are replaced without yourvee's consent, unless the respective defect in question is not attributable to this or if youvee is responsible for it; (iv) for the normal wear and tear of the delivery items.
9. ELECTRONIC COMMUNICATION; DATA PROTECTION
9.1 The Customer agrees to receive all communication for contractual purposes in electronic form (especially e-mail) and that all notifications, confirmations, and notices that youvee communicates to the Customer shall not require the written form unless mandatory legal provisions require another form of communication or the Customer and youvee have expressly agreed to this in writing in individual cases.
9.2 Details on the type, scope, location and purpose of the collection, processing and use of the required personal data by youvee as well as on the rights of the persons concerned can be found in the data protection declaration.
10. GENERAL OBLIGATIONS OF CUSTOMERS
10.1 The Customers are obliged to take the precautions required to secure their systems, in particular to use the current security settings of their browser and to use current and up-to-date protection mechanisms to defend against malware.
10.2 Activities aimed at rendering the Website non-functional or making its use more difficult (including so-called "denial of service" and comparable attacks) are prohibited. Customers may not take any action that may result in an unreasonable or excessive load on the infrastructure of the Website. Customers are also not permitted to block or modify any content of the website outside of the website's designated functions or to interfere with the website in any other way. Customers may not extract, reuse, integrate into another website, link and/or otherwise connect the content of the website, in whole or in part. The use of data mining, robots, scraping and/or similar data gathering and extraction programs and techniques is prohibited.
11. FINAL PROVISIONS
11.1 These Terms and Conditions and the contracts and legal relationships established via the youvee Shop shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 Karlsruhe shall be the place of performance and exclusive place of jurisdiction for all disputes in connection with these Terms and Conditions and their effectiveness if the Customer is a merchant within the meaning of the German Commercial Code, a special fund under public law, or a legal entity under public law.
11.3 The Customer shall be entitled to offset or assert rights of retention only if the asserted claim is undisputed or has been finally adjudicated upon. The Customer can only assert a right of retention if the counterclaim is based on the same contractual relationship.
11.4 For the purpose of fulfilling the contract and exercising the rights to which youvee is entitled on the basis of contracts entered into through the youvee Shop, youvee shall be entitled to assert the rights of other service providers and to enter into an agreement with youvee within the meaning of §§ 15 et seq. AktG.
Status: October 27, 2020