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General Terms and Conditions of yamo AG

1. SCOPE OF APPLICATION 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between yamo AG (hereinafter referred to as "we" or "yamo") and its customers (hereinafter referred to as "you" or "ordering person"). During the ordering process, you accept the GTC in the version valid at the time of placing the order. All verbal and telephone agreements must be confirmed in writing to be binding. The written form requirement is also fulfilled if a declaration is contained in an e-mail. 1.2 Our products and services are aimed exclusively at end consumers with their registered office or place of residence in the Federal Republic of Germany/Austria and are not intended for resale. 2. CONCLUSION OF THE 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-de are to be understood as a legally non-binding offer. 2.2 By filling out the order form provided by yamo and pressing the "Order" button, the ordering person makes a binding offer to conclude a contract for recurring deliveries. The ordering person receives an automatically generated confirmation of 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 after receipt of the order confirmation. 2.3 A purchase contract for the ordered products is bindingly concluded by yamo accepting the offer within this period by delivery 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 withdraw from the contract immediately. 2.5 In order to be able to use our online shop, the ordering person must open a free password-protected customer account (hereinafter "customer account") in which the ordering person's data is stored for subsequent deliveries under his or her user name. The password may not be passed on to third parties and must be kept inaccessible and secure for unauthorised persons.D The password may not be passed on to third parties and must be kept inaccessible and secure for unauthorised persons. 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 admission of a customer account. Only persons with legal capacity may open a customer account. 3. CONTRACT TERM, TERMINATION AND INTERRUPTION 3.1 Our services include regular recurring deliveries (your flexible yamo plan, hereinafter referred to as "subscription"). Individual orders that exclusively concern the one-time delivery of a freely selected service are not possible. 3.2 Subscription contracts concluded in our online shop are concluded for an indefinite period. Depending on the variant selected, subscriptions are subject to a minimum term of three (3) or five (5) boxes. Cancellation before receipt of the first delivery is not possible. Thereafter, a cancellation is possible at any time up to two (2) days before dispatch of the next delivery. If a subscription is concluded with a minimum term, cancellation is possible at the earliest at the end of the minimum term. Your right of cancellation remains unaffected by this - insofar as it is not excluded in accordance with § 312 g para. 2 no. 2 BGB. 3.3 Cancellation must be made either via the cancellation function in the customer account or in writing to support@yamo.bio. The following notice periods apply, whereby the time of receipt of the notice by yamo is decisive: A notice of termination at the latest two days before the next delivery, 23:59 CET, of a calendar week is effective for the next delivery as well as the subsequent deliveries. A cancellation received by yamo at least two days before the next delivery, 23:59 CET, will be effective for the next but one delivery and subsequent deliveries. Any amounts already paid for deliveries that no longer take place as a result of a valid cancellation will be refunded to you. Example: - If we receive your notice of termination for your delivery on Friday in calendar week 20 before 23:59 CET on Wednesday in calendar week 20, the contract for the delivery agreed on Friday in calendar week 20 and all subsequent deliveries will end. - If we receive your cancellation notice for your Friday delivery in calendar week 20 and subsequent deliveries after 23:59 CET on Wednesday of calendar week 20, the contract will end for all deliveries agreed after Friday, calendar week 20. Your scheduled delivery for Friday, calendar week 20, will still be delivered and charged to your credit card. 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. Interrupting a subscription means that you forego one or more deliveries without incurring any costs. After expiry of the maximum interruption period, the subscription will be resumed at the delivery intervals stored in the customer account. A subscription can be interrupted for a maximum of six (6) weeks at a time. The relevant deadlines for termination (cf. section 3.2 above) apply, 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 at least two days before the next delivery, for example on Wednesday 23:59 CET of calendar week 20 for your delivery on Friday in calendar week 20, it will be effective for the delivery agreed on Friday in calendar week 20 as well as for the deliveries agreed for the following calendar weeks. - If we receive your interruption notice later than two days before the next delivery, for example on Thursday, 23:59 CET for a delivery on the following Friday, your interruption notice will be effective for the next but one delivery and the deliveries agreed thereafter. 3.5 yamo reserves the right to cancel subscriptions with a notice period of five (5) days prior to the 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 3.5, 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 no later than two days before the next delivery, for example Wednesday 23:59 CET of calendar week 20 for your delivery on Friday in calendar week 20, this change of address is effective for the delivery agreed on Friday in calendar week 20 as well as for the deliveries agreed for the following calendar weeks. A change of address received by yamo after 23:59 CET on Wednesday will be effective for the next but one delivery, and the deliveries agreed thereafter. 4.3 Delivery will be made between 8.00 a.m. and 8.00 p.m. on the day of the week selected by you on the order form on our website. 4.4 You undertake to ensure that it is possible to hand over the goods in person at the delivery address specified by you at the delivery time specified by you. Alternatively, you grant us a drop-off authorisation in the order process in the event that you are not at home at the delivery time selected by you. 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. If the delivery is not possible for a reason for which you are responsible, e.g. due to imprecise address information, you will be in default of acceptance. In the event of a delay in acceptance, you shall bear all costs associated with the non-delivery. A second delivery is excluded due to the delivery logistics (e.g. cooling of the goods). 4.5 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 euros (EUR), including value added tax. 5.2 There are no delivery costs. 5.3 Claims by yamo against the ordering person arising from the subscription are due before each delivery. The ordering person is obliged to make an advance payment for each delivery. 5.4 Your credit card or PayPal account specified by you will be charged immediately for the first delivery. During the subscription period, the price of the box you have selected will be charged to your credit card or PayPal account on an ongoing basis, whereby yamo may charge your credit card or PayPal account between one (1) day before delivery and 10 days after 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 of the subscription is possible by credit card (Visa and Mastercard) or by other payment methods indicated on our website. Credit card data is transmitted via an encrypted SSL connection. 5.6 With the POWERPAY order invoice you can easily pay 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 the 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. The invoice amount is payable to POWERPAY. In the event of default, POWERPAY shall charge the stipulated 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. 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 payment of the credit in cash or a transfer of the credit 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 can be applied to all boxes of the yamo savings plan. The corresponding discount code will be applied to the purchase price of the first box or all subsequent boxes. From the second box onwards, in the case of a one-time redeemable discount code, you will have to pay the respective price of the selected savings plan. - Discount codes are only valid for the 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 email. 7.2 Vouchers can be applied to all variants of the yamo savings plan. If the voucher balance exceeds the purchase price of the service, the remaining amount of the voucher expires. Unless otherwise specified, Vouchers cannot be combined with other promotions or discounts (e.g. the "INVITE FRIENDS" PROGRAMME AND DISCOUNT CODES) and may not be redeemed in cash, in whole or in part. The redemption takes place on the occasion of the order placement. Subsequent consideration of vouchers is not possible. 8. WARRANTY 8.1 The products depicted on www.yamo.bio do not necessarily have to match the external appearance of the delivered articles.yamo reserves the right to deliver other products or to change the composition of the ordered products. Such changes do not constitute a defect as long as they are based on incorrect or untimely self-delivery through no fault of yamo and they are reasonable for the person placing the order and do not deviate from an express assurance.A product deviates from our express assurance if it does not meet the requirements for allergens and incompatibilities selected by you. The exchange of products with regard to the flavour (as long as no foodstuffs marked by you as incompatible are affected) does not constitute an unreasonable deviation from our express promise. 8.2 The warranty does not cover the consequences of improper handling or damage by the ordering person or third parties (who are not the supplier) as well as defects caused by 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 law. We are liable for slight negligence in the case of damages resulting from injury to life, body or health of persons. 9.2 If yamo negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to 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, any liability on the part of yamo is excluded. 9.4 The above liability regulations also apply with regard to yamo's liability for its vicarious agents and legal representatives. 10. RIGHT OF REVOCATION AND REVOCATION INSTRUCTIONS 10.1 For subscriptions: You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal 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. 10.2 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 email) of your decision to revoke this contract. You can use the attached model cancellation form, which is not mandatory. Sample cancellation form If you wish to cancel the contract, please fill in this form and send it to us: By post: yamo AG, Zählerweg 3, CH-6300 Zug 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 the consumer(s) (only in the case of notification on paper) Date ________________________ (*) Delete as applicable. End of withdrawal form 10.3 Consequences of cancellation: - If you withdraw from this contract, we must reimburse you for 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. In no case will you be charged for this repayment. - We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is 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 only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods. 10.4 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 production 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. 11. SEVERABILITY CLAUSE AND RESERVATION OF RIGHT OF AMENDMENT 11.1 Should individual provisions of these GTC be invalid or incomplete or should fulfilment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, according to its content, comes as close as possible to the original intention and the economic purpose pursued with it. 11.2 All amendments or additions to these GTC must be made in writing. This also applies to a change in 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-de/AGB/. 11.3 Any other terms and conditions of contract of yours, namely also 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 insofar as they have been expressly accepted by us in writing. 12. APPLICABLE LAW 12.1 The contractual relationship between the ordering person and yamo is governed by the law of the consumer's habitual residence, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). 12.2 The place of jurisdiction for all legal disputes is the place of the consumer's habitual residence. Stand: 02.08.2022.