General Terms & Conditions for Consumers
§ 1 General, Contract Language
(1) These terms and conditions (T&Cs) apply to contracts concluded between you and us, KS & BJ Online GbR (Im Hoffeld 20, 63654 Büdingen, VAT ID number: DE 356187727) via this online shop.
(2) Information about us can be found here: https://xyousive.com/?page_id=85113
(3) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of discrepancies between language versions, the German text takes precedence.
§ 2 Applicable Law, Mandatory Consumer Protection Provisions
The law of the Federal Republic of Germany applies, excluding the UN Sales Law, if:
(a) Your usual residence is in Germany, or
(b) Your usual residence is in a country that is not a member of the European Union.
In the event that your usual residence is in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your usual residence remain unaffected.
§ 3 Conclusion of the Contract
(1) The presentation of goods in our online shop is not a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By clicking the “Order with Obligation to Pay” button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which does not yet constitute an acceptance of your contract offer.
A contract between you and us is concluded as soon as we accept your order by a separate email or dispatch the goods. Please check your email’s SPAM folder regularly.
(3) We commit ourselves to comply with the principles of the Youth Protection Act (JuSchG) and to have age verification measures in place at the shipping stage (also see § 11 of these General Terms and Conditions) to ensure a youth-friendly delivery of the order. It is ensured that:
a) only the orderer receives the ordered delivery,
b) there is a personal identity between the orderer and the recipient, i.e., the person who takes receipt of the ordered delivery, and
c) the orderer has the required minimum age.
§ 4 Technical Steps Leading to the Conclusion of the Contract and Correction of Input Errors
During the order process, you first add the desired goods to the shopping cart. There you can change the desired quantity at any time, remove selected goods entirely, and also choose the shipping method.
If you have goods in the shopping cart, by clicking on the “Proceed to Checkout” buttons, you’ll be directed to a page where you can enter your data, then choose the shipping and payment methods and check your details. You can correct your input errors (e.g., regarding payment method, data, or desired quantity) by clicking on “Edit” next to the respective field.
If you wish to completely cancel the order process, you can simply close your browser window. Otherwise, after clicking the confirmation button “Order with Obligation to Pay,” your declaration becomes binding in the sense of § 3 paragraph 2 of these T&Cs.
§ 5 Storage of Contractual Text
The contract provisions, including details of the ordered goods as well as these General Terms and Conditions and the withdrawal instructions, will be sent to you by email upon acceptance of the contract offer or upon notification of the same. We do not store the contract provisions.
§ 6 Registration in Our Online Store; Processing of Your Personal Data, Data Protection
(1) In our online shop, you can order goods either as a guest or as a registered user. As a registered user, you do not have to enter your personal data every time; instead, you can simply log into your customer account with your email address and the password you freely chose during registration before or during an order. Registration alone does not obligate you to purchase any of the goods we offer. Upon registration, you choose a personal username and password.
Both parties will comply with the relevant provisions, especially those of the General Data Protection Regulation (GDPR), when dealing with personal data. The parties will not unlawfully process personal data in connection with the initiation, execution, and termination of this contract (data secrecy). They will obligate persons whom they employ in the context of initiating, executing, and terminating this contract accordingly. Data secrecy continues even after the termination of their activity.
(2) For information on the processing of your data, please read our privacy policy, which you can access at the following link (link to the privacy policy).
§ 7 Obstruction/Force Majeure
(1) If we are obstructed in executing a contractual service due to circumstances of any kind, we will promptly inform you in writing or by email. If we are not responsible for the obstructing circumstances, the contracting parties will agree on an appropriate postponement of the agreed service. If we fail to inform you in writing or by email in a timely manner, we cannot later invoke these circumstances.
If no agreement is reached between you and us, you are entitled to withdraw from the contract, and any payments you have already made will be refunded.
(2) In cases of force majeure, the affected contracting party is exempted from its obligation to perform for the duration and to the extent of the effect. Force majeure is any event beyond the control of the respective contracting party that wholly or partially prevents it from fulfilling its obligations, including fire damage, floods, strikes, lawful lockouts, unforeseeable operational disruptions, or official orders. The affected party will promptly notify the other party of the occurrence and end of force majeure and will make the best efforts to remedy the force majeure and limit its effects as much as possible. In the event of force majeure, the contracting parties will coordinate further actions and determine whether services not rendered during this time should be delivered afterward. Notwithstanding this, each party is entitled to withdraw from the affected orders if the force majeure lasts more than four weeks from the agreed date of service. The right of each party to terminate the contract for an important reason in the case of prolonged force majeure remains unaffected.
§ 8 Payment Conditions
(1) The prices stated in our online shop are always current. All price information is in euros and is given as total prices plus the respective shipping/delivery costs.
Unless otherwise stated, the prices – subject to error and printing or typing errors – relate to the products depicted by us according to the corresponding description.
The purchase price is due immediately upon ordering, but depends on the selected payment method.
For the payment of the goods, we accept the following payment methods:
- Advance payment/Bank transfer: If you have chosen advance payment, you must pay the purchase price to our account. We will provide you with our bank details by email. Delivery of the purchased goods will be made promptly after receipt of your payment on our account. Relevant instructions are made available to you during the order process.
- PayPal: Payment via PayPal requires your registration, authorization by providing your access data, and the confirmation of the payment instruction to us. Relevant instructions are made available to you during the order process.
(2) We may exclude certain payment methods on a case-by-case basis.
(3) If you are in arrears with the payment of due claims, you are obliged to pay default interest at a rate of 5 percentage points above the base rate. I expressly reserve the right to claim further damages.
(4) You are only entitled to set off against us with undisputed or legally established counterclaims.”
§ 9 Right of Withdrawal
As a consumer, you have the right to withdraw from this contract in accordance with the instructions listed below. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
Right of Withdrawal (Goods Purchase)
You have the right to withdraw from 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, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us:
KS & BJ Online GbR, Im Hoffeld 20, 63654 Büdingen, Email: hello@xyousive.com
By means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the message about exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must repay all payments we received from you, including delivery charges (except for additional costs arising from your choosing a delivery method other than the cheapest standard delivery we offer), immediately and at the latest within fourteen days from the day we received your notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We can withhold the 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 event no later than fourteen days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct cost of returning the goods.
You only have to pay for any loss in value of the goods if this loss of value is due to handling that is not necessary to inspect the quality, characteristics, and functionality of the goods.
Special Notes
The right of withdrawal does not apply to:
- Contracts for the supply 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;
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
End of the withdrawal instruction
Sample Withdrawal Form (If you want to withdraw from the contract, please fill out this form and send it back.)
- To KS & BJ Online GbR, Im Hoffeld 20, 63654 Büdingen, Email: hello@xyousive.com
- I/We (°) hereby withdraw from the contract I/we (°) concluded for the purchase of the following goods (°)/the provision of the following services (°): • Ordered on (°)/received on (°) • Name of the consumer(s) • Address of the consumer(s) • Signature of the consumer(s) (only for paper notification) • Date (°) Please delete as appropriate.
§ 10 Reservation of Ownership
The goods remain our property until full payment.
§ 11 Delivery Conditions
We deliver the goods according to the agreements made with you. Any shipping costs are listed in the product description and are separately itemized by us on the invoice. Prices can be calculated in the shopping cart before placing the order.
§ 12 Warranty for Goods Purchases
(1) If the goods purchased and delivered in our online store are defective, you are entitled to demand supplementary performance, to withdraw from the contract, or to reduce the purchase price in accordance with statutory provisions.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects that we have fraudulently concealed expire within the regular limitation period.
(3) In addition to the above, you also have rights due to defects under a quality and/or durability guarantee if we have expressly given such a guarantee for the sold item in individual cases.
§ 13 Limitation of Liability
(1) We are liable for intent and gross negligence. We also are liable for the negligent breach of duties, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the contract’s purpose, and on the compliance of which you as a customer can regularly rely. In the latter case, however, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.
(2) The above exclusions of liability do not apply to injuries to life, body, and health. Liability under the Product Liability Act remains unaffected.
(3) Given the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. In this regard, we are not liable for the continuous and uninterrupted availability of our online trading system.
§ 14 Jurisdiction, Online Dispute Resolution and Alternative Dispute Resolution; Severability Clause
(1) If you had your residence or usual place of residence in Germany when the contract was concluded and either moved out of Germany by the time we filed a lawsuit or your residence or usual place of residence is unknown at that time, the jurisdiction for all disputes is our company’s headquarters in Büdingen.
(2) The European Commission provides a platform for online dispute resolution (OS) at https://ec.europa.eu/consumers/odr.
Our email address is: hello@xyousive.com
(3) We are neither obliged nor willing to participate in a dispute resolution procedure under the Consumer Dispute Resolution Act (VSBG).
(4) If individual provisions of this contract are ineffective, the rest of the contract remains unaffected.
April 2023
Terms and Conditions created by Lawyer Karlheinz Roth in collaboration with yourXpert.
