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General Terms and Conditions of yamo food GmbH

1. SCOPE OF APPLICATION 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between yamo food GmbH (hereinafter referred to as "we" or "yamo") and its customers (hereinafter referred to as "you" or "ordering person"). As part of the ordering process, you accept the GTC in the version applicable at the time of placing the order. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of writing is also fulfilled if a declaration is contained in an e-mail. 1.2 Our products and services are intended exclusively for end consumers with their registered office or place of residence in the Federal Republic of Germany/European Union and are not intended for resale. 2. CONCLUSION OF CONTRACT AND GENERAL OBLIGATIONS OF THE ORDERING PERSON 2.1 The information and prices as well as the presentation of the products on the website www.yamo.bio/de-at are to be understood as a legally non-binding offer. 2.2 By completing the order form provided by yamo and pressing the "Order" button, the ordering person makes a binding offer to conclude a contract for individual or recurring deliveries. The ordering person receives an automatically generated confirmation of the receipt of the order by e-mail to the e-mail address provided by the ordering person (hereinafter "order confirmation"). This Order Confirmation does not constitute an acceptance of the offer by yamo, but merely informs the ordering person that the order has been received by yamo. The ordering person remains bound to the order for seven (7) days. 2.3 A purchase contract for the ordered products is bindingly concluded when yamo accepts the offer within this period by delivering it to the ordering person or by sending a binding declaration of acceptance. yamo can refuse acceptance at any time without giving reasons. 2.4 The ordering person must truthfully provide the customer data requested by yamo, such as personal details, addresses and credit card numbers, and is himself responsible for updating his data. Otherwise yamo is entitled to immediately withdraw from the contract and demand compensation. 2.5 The ordering person has the option of creating a password-protected customer account free of charge (hereinafter "customer account"), in which the ordering person's data is stored for further orders and subsequent deliveries under their user name. The password may not be passed on to third parties and must be kept inaccessible and secure for unauthorised persons. In the event of loss or disclosure, the ordering person must immediately notify yamo in writing. For misuse, such as unauthorised use of the customer account, the ordering person bears the responsibility and is liable according to the legal provisions. There is no entitlement to the approval of a customer account. Only persons of legal capacity shall be admitted to a customer account. We reserve the right to make the provision of certain services dependent on the establishment of a customer account. 3. TERM OF CONTRACT, TERMINATION AND INTERRUPTION 3.1 Our services include one-time deliveries (hereinafter "single order") and regular recurring deliveries (your flexible yamo plan, hereinafter "subscription"). 3.2 Subscription contracts are concluded for an indefinite period and are not subject to a minimum term. Subscriptions require the creation of a customer account. Cancellation before receipt of the first delivery is not possible. Thereafter, a cancellation is possible at any time up to five (5) days before dispatch of the next delivery. Your right of cancellation remains unaffected. 3.3 Cancellation must be made either in writing or via the cancellation function in the customer account. For organisational reasons, the following notice periods apply, whereby the time of receipt of the notice by yamo is decisive: A notice of termination by Thursday, 23:59 CET, of a calendar week at the latest is effective for deliveries agreed for the following calendar week and thereafter. A cancellation received by yamo after Thursday, 23:59 CET, will be effective for deliveries agreed for the calendar week after next and thereafter. Any amounts already paid for deliveries which no longer take place as a result of a valid cancellation will be refunded to you. Example: - If we receive your cancellation before 23:59 on Thursday of calendar week 20, the contract will end for all deliveries agreed after calendar week 20. The delivery agreed for calendar week 20 will still be delivered and charged to your credit card. - If we receive your cancellation after 23:59 on Thursday of calendar week 20, but before Thursday of calendar week 21, the contract will end for all deliveries agreed for calendar week 21. 3.4 Subscriptions can be interrupted by the ordering person at any time either in writing or via the interruption function in the customer account. The interruption of a subscription means that you waive one or more deliveries without incurring any costs. The relevant deadlines for termination apply (cf. section 3.2 above), whereby the receipt of the interruption notification by yamo is decisive. Any amounts already paid for deliveries which no longer take place as a result of a valid interruption will be credited to you and offset against the next delivery(s). No payment is due during the interruption. Example: - If we receive your interruption notice no later than Thursday, 23:59 CET, of a calendar week, it will be effective for deliveries agreed for the following calendar weeks. - An interruption notice received by yamo after Thursday, 23:59 CET, will be effective for deliveries agreed for the calendar week after next (and thereafter). 3.5 Individual orders are deemed to be bindingly agreed and cannot be cancelled. 3.6 yamo reserves the right to cancel subscriptions with a notice period of five (5) days prior to dispatch of a delivery in the event of (i) incorrect or (ii) untimely self-delivery. This does not apply if the incorrect or untimely self-delivery was culpably caused by yamo. In the event of termination by yamo in accordance with this clause 3.6, yamo undertakes to inform you immediately of the non-availability and to refund your consideration without delay. 4. DELIVERY, TRANSFER OF RISK AND DEFAULT OF ACCEPTANCE 4.1 Deliveries are made exclusively to delivery addresses in the Federal Republic of Germany and Austria. 4.2 Delivery shall be made to the delivery address specified by you on the order form. A change of the delivery address within the Federal Republic of Germany or Austria is possible at any time by written notification or via the change function in the user account. The relevant deadlines for termination and interruption apply (cf. Sections 3.2 and 3.3 above), whereby the receipt of the notification of the change of delivery address by yamo is decisive. Example: - If we receive your change of address by Thursday, 23:59 CET, of a calendar week at the latest, it will be effective for deliveries agreed for the following calendar weeks. - A change of address received by yamo after Thursday, 23:59 CET, will be effective for deliveries agreed for the calendar week after next (and thereafter). 4.3 Delivery will be on one of the weekdays available for selection on our website in accordance with the order form and will take place between 8.00 am and 8.00 pm on the weekday selected by you on the order form. 4.4 You undertake to ensure that the personal delivery of the goods to the delivery address specified by you is possible at the delivery time specified by you. If the handover is not possible for a reason for which you are responsible, e.g. due to imprecise address details, you shall be in default of acceptance. For logistical reasons, we can only deliver our products to you if you grant us a delivery authorisation in accordance with the order process. This means that the contract can also be fulfilled by leaving the goods at the location specified by you in the area of the delivery address that is accessible to the delivering driver. In all cases, the delivery service is required to leave the parcels only in safe and weather-protected locations. 4.5 If a delay in acceptance under clause 4.4 results in non-delivery, you will bear all costs associated with the non-delivery. A second delivery is excluded. 4.6 With the valid delivery of the consignment, benefit and risk, in particular the risk of theft, damage by third parties and environmental influences, shall pass to you. 5. PRICES AND SHIPPING COSTS 5.1 All prices are in Euro (EUR), including VAT. 5.2 The shipping costs within Germany and Austria are EUR 4.90. In the flexible yamo plan (subscription) the delivery costs are waived. 5.3 Claims of yamo against the ordering person from individual orders become due upon conclusion of the contract. The ordering person is obliged to make an advance payment for each delivery. 5.4 When you take out a subscription, the price for the first delivery will be charged immediately to the credit card or Paypal account specified by you. The respective price for subsequent deliveries during the term of the subscription will be charged to the credit card on an ongoing basis, whereby yamo can initiate the charge in a period of 10 days before the delivery until 10 days after the delivery. For technical reasons, it may happen that the charge to your credit card is only visible to you after a few days. 5.5 Payment is possible by credit card (Visa and Mastercard) or by other payment methods indicated on our website. Credit card data is transferred via an encrypted SSL connection. 5.6 With the POWERPAY order invoice you can easily settle your online purchase by invoice. As our external payment service provider, POWERPAY offers the payment method "Payment by invoice". When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our terms and conditions. The terms and conditions, further information on payment processing and access to your customer account with POWERPAY can be found at www.mfgroup.ch/de/customers. Further information about ordering on account: - Your order invoice will be sent to you by POWERPAY by e-mail after our delivery confirmation. - When ordering on account, the invoice amount is due for payment within [14] calendar days after receipt. In the event of default, POWERPAY shall charge the specified default interest and any reminder fees on the outstanding amount. - The outstanding invoice amount plus any reminder fees and interest may be transferred or assigned to a third party for the purpose of collection. Furthermore, you are obliged to reimburse all costs incurred by us or the third party commissioned with the collection as a result of the default in payment. 5.7 Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total price), we shall retain title to the delivered goods in any case. We are entitled to make a corresponding entry in the retention of title register. 5.8 Without the express consent of yamo, the ordering person is not entitled to offset his own claims against yamo. 6. "INVITE FRIENDS" PROGRAMME AND DISCOUNT CODES 6.1 Credit that is credited to your customer account from the "Invite Friends" programme is automatically offset against the purchase price of the next possible delivery. If the accumulated credit exceeds the purchase price of the delivery, the credit will be offset against the following deliveries until the credit is exhausted. The amount of the credit for you is calculated according to the current offer of the "Invite Friends" programme at the time of the order by the invited friends. If you cancel your subscription, move to another country or commit fraud, all credit available at that time will be forfeited. A cash payment of the credit balance or a transfer of the credit balance to third parties is excluded in any case, unless this has been expressly stated otherwise. 6.2 You can publish your personal discount code on your private website or your private blog, private Facebook or Twitter profile. Publication on commercial or third-party sites such as voucher sites, deal blogs and/or forums is not permitted. If the discount code is shared on third-party sites, the discount code will be deleted. Likewise, all remaining credit available at that time will be forfeited. The conditions for redeeming discount codes depend on the corresponding promotions. Unless individual discount conditions have been specified, the following conditions apply in principle: - Discount codes cannot be combined with other price promotions. - Discount codes are only valid for first orders of new customers. - Subsequent crediting of discount codes is not possible. 7. VOUCHERS 7.1 When ordering vouchers, the voucher will be sent by e-mail. 7.2 Unless otherwise specified, vouchers cannot be combined with other promotions or discounts and cannot be redeemed in cash, in whole or in part. Vouchers are redeemed at the time of order placement. Subsequent consideration of vouchers is not possible. 8. WARRANTY 8.1 The products depicted on www.yamo.bio do not necessarily correspond to the external appearance of the items delivered. We reserve the right to make changes to the appearance and features of products. Such changes do not lead to claims for defects, insofar as they are reasonable for the person placing the order and do not deviate from an express warranty. 8.2 You are obliged to inspect the delivered products as soon as it is feasible in the normal course of business and to notify our customer service or via the contact form immediately of any defects detected. If you fail to do so, the products shall be deemed approved. Approval shall be deemed to have been given in any case, unless you have notified Customer Service of a defect within (7) days after delivery. 8.3 We provide warranty through subsequent performance, namely delivery of a defect-free item (replacement delivery). Replaced products become our property. 8.4 The warranty does not cover the consequences of improper handling or damage by the person placing the order or third parties, or defects attributable to external circumstances. 9. LIABILITY yamo is liable to you for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: 9.1 yamo is liable without limitation, unless otherwise stated in the following regulations: yamo is liable without limitation for intent or gross negligence as well as in accordance with the Product Liability Act. In the case of slight negligence we are liable for damages resulting from injury to life, body or health of persons. 9.2 If yamo negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with clause 9.1. Material contractual obligations are obligations which the contract imposes on yamo according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely. 9.3 In all other respects, liability on the part of yamo is excluded. 9.4 The above liability regulations also apply with regard to the liability of yamo for its vicarious agents and legal representatives. 10. DATA PROTECTION 10.1 The collection and processing of your personal data by us is explained in the privacy policy. This forms an integral part of these terms and conditions. The data protection declaration is available at https://www.yamo.bio/de-at/datenschutz/. 10.2 You hereby consent to the storage of the personal data entered by you in the course of using the online shop. This also applies to the storage of IP addresses that are transmitted each time you use the online shop. You also consent to the use of personal data for the personalisation of advertisements and product offers placed on the website. Personal data will not be passed on to advertisers. 10.3 You also agree that we may use your personal data for direct marketing purposes. This includes advertising by e-mail and by post. 11. RIGHT OF REVOCATION AND CANCELLATION POLICY 11.1 You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. 11.2 For subscriptions: You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the first goods. 11.3 In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample cancellation form, which is not mandatory. Sample cancellation form If you wish to cancel the contract, please complete this form and send it to: By post: yamo food GmbH, Nymphenburger Str. 1, 80335 Munich, Germany. By e-mail: support@yamo.bio I/we (*) hereby revoke 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 consumer(s) (only in case of paper communication) Date ________________________ (*) Delete where inapplicable. 11.4 Consequences of cancellation: - If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal 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. Under no circumstances will you be charged any fees for this repayment. - We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. - You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. - You shall only be liable for any loss in value of the goods if this loss in value is due to your handling the goods in a manner not necessary for the inspection of the quality, characteristics and functioning of the goods. 11.5 Exclusion or premature expiry of the right of withdrawal: The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of withdrawal expires prematurely in the case of contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded. 12. SEVERABILITY CLAUSE AND RESERVATION OF RIGHT OF AMENDMENT 12.1 Should individual provisions of these GTC be invalid or incomplete or should performance become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible valid provision which, in terms of its content, comes as close as possible to the original intention and the economic purpose pursued thereby. 12.2 All amendments or additions to these GTCs require a form that enables proof by text, such as fax and e-mail. This also applies to a change of the written form requirement. As soon as you make use of our services after the change, you implicitly agree to the new GTC. The respective binding version of the GTC can be viewed and printed out at https://www.yamo.bio/de-at/datenschutz/. 12.3 Any other contractual terms and conditions of yours, in particular those which you declare to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and to the extent that they have been expressly accepted by us in writing. 13. APPLICABLE LAW 13.1 The contractual relationship between the ordering person and yamo is governed by Swiss law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). 13.2 The exclusive place of jurisdiction for all legal disputes is Zug, Canton of Zug, Switzerland; subject to any mandatory places of jurisdiction. Status: 14.02.2019