Terms of service

General terms and conditions of business

§ 1 Scope of application

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

§ 2 Contract partner, conclusion of contract

The purchase contract is concluded with YODOGGY.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button.

Immediately after sending the order you will receive another confirmation by e-mail.

A binding contract can also be concluded beforehand as follows:

  • If you have chosen credit card payment, the contract is concluded at the time of the credit card debit.
  • If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
  • If you have chosen a different method of payment, the contract is concluded at the time of the debit to your account.

The language available for the conclusion of the contract is German.

§ 3 Delivery terms, total purchase price

In addition to the stated product prices, shipping costs of 3.90 euros are added to the product prices for deliveries within Germany of less than 40 euros. Deliveries within Germany are free of shipping costs from an order value of 40 Euro.

For deliveries to other EU countries, shipping costs of 14.90 euros are added to the stated product prices as a lump sum.

For deliveries to Switzerland, shipping costs of 19.90 Euro are added to the stated product prices as a lump sum.

Deliveries are generally made from a minimum order value of 14 euros including VAT after deduction of all discounts. Deliveries are basically only possible within Germany. Standard delivery to Germany is possible for all types of orders; the delivery time to Germany is 2-4 working days. Some items are not in stock at our warehouse in Düsseldorf and are only produced and shipped to you on order. For these products, different delivery times are possible; these can be found on the respective product detail page.

Costs arising from import into Switzerland and Austria, such as value added tax, customs clearance costs and duties are not included in our prices. The listed shipping costs are tax-free.

§ 4 Payment

In the YODOGGY online shop you have the possibility to pay by invoice, direct debit (SEPA basic direct debit), credit card or PayPal. We reserve the right to accept only certain payment methods in individual cases. The invoice for your order will be sent to you by e-mail regardless of the payment method you have chosen.

§ 5 Right of withdrawal & returns

Consumers are entitled to the right of withdrawal as described in the cancellation policy. The general procedure for returns is also described there. Entrepreneurs are not granted a voluntary right of withdrawal.

§ 6 Retention of title

The goods remain our property until full payment has been made.

For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.

§ 7 Damage in transit

The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

§ 8 Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

For consumers, the limitation period for warranty claims for used items is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

In relation to entrepreneurs, the agreement on the quality of the goods, our own information and the manufacturer's product descriptions which have been included in the contract shall be deemed to be an agreement; we shall not assume any liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty and fraudulent intent
  • in case of violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed
  • as far as the scope of application of the product liability law is opened.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop.

We make every effort to resolve disputes with consumers, but are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 9 Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty
  • in the case of guarantee promises, if agreed
  • as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.

§ 10 Online Dispute Resolution

Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.

§ 11 Final provisions

If you are an entrepreneur, then American law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

The present General Terms and Conditions have been adapted to German jurisdiction where possible - but American law shall apply in any case. If individual provisions of these General Terms and Conditions of Business cannot be implemented, the remaining provisions shall not be affected.