Contractual terms and conditions within the framework of purchase contracts concluded via the platform https://www.ylumi.de

between

YLUMI UG (limited liability)
Schleiermacherstrasse 12
10961 Berlin

Managing Director:
Amely Cake Baker,
Benjamin Cake Baker

– hereinafter referred to as “Provider” –

and

the users of this platform referred to in Section 2 of these General Terms and Conditions – hereinafter referred to as “customer/customers”.

§ 1 SCOPE

The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the provider and the customer. Deviating terms and conditions of the customer are not accepted unless the provider expressly agrees to their validity in writing.

§ 2 CONCLUSION OF CONTRACT

(1) The customer can select products from the provider's product range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Buy now" button, the customer submits a binding order to purchase the goods in the shopping cart. The customer can view and edit the data at any time before submitting the order.

(2) The provider will then send the customer an automatic confirmation of receipt by email with the subject "Confirmation of your order from YLUMI", in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) or the successful completion of the ordering process, including payment, represents acceptance of the offer by the provider. This order confirmation summarizes the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions and order confirmation) will be sent to the customer by us on a permanent data medium (email or paper printout). The contract text will be stored in compliance with data protection regulations.

(3) The contract is concluded in the following languages: German.

§ 3 CANCELLATION POLICY

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (YLUMI UG (limited liability), Lychener Str. 41, 10437 Berlin, Telephone: +49 (0) 211 972 682 81, Managing Director: Amely Kuchenbäcker, Benjamin Kuchenbäcker​) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund 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 promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

We will bear the cost of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.

§ 4 EXCLUSION/EXPIRY OF THE RIGHT OF WITHDRAWAL

According to Section 312g Paragraph 2 of the German Civil Code (BGB), a right of withdrawal does not exist, among other things, for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and it expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

§ 5 DELIVERY, AVAILABILITY OF GOODS, PAYMENT METHODS

1) Delivery times stated by us are calculated from the date of our order confirmation (Section 2 (2) of these Terms and Conditions), provided that the purchase price has been paid in advance.

(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the provider is also entitled to withdraw from the contract. In doing so, the provider will promptly refund any payments already made by the customer.

(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Belgium, Germany, Denmark, Estonia, Finland, France, Greece, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Norway, Poland, Sweden, Spain, Czech Republic, United Kingdom, Austria.

(4) The customer can make payment in advance, via PayPal and SOFORT transfer.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer shall be in default simply by missing the due date.

§ 6 RESERVATION OF TITLE

The delivered goods remain the property of the provider until the purchase price has been paid in full.

§ 7 PRICES AND SHIPPING COSTS

(1) All prices stated on the provider’s website include the applicable statutory value-added tax.

(2) The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer unless the customer exercises any right of withdrawal.

§ 8 WARRANTY FOR MATERIAL DEFECTS

(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the Provider is 12 months.

§ 9 LIABILITY

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 10 INFORMATION ON DATA PROCESSING

(1) The Provider collects customer data as part of the processing of contracts. In doing so, it observes, in particular, the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the Provider will only collect, process, or use the customer's inventory and usage data to the extent necessary for the processing of the contractual relationship and for the use and billing of telemedia services.

(2) Without the customer’s consent, the provider will not use the customer’s data for advertising, market or opinion research purposes.

§ 11 DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board. We are willing to participate in out-of-court arbitration proceedings.

§ 12 AFFILIATE PARTNERSHIP

(1) As part of the affiliate partnership with YLUMI, our partners have the opportunity to earn a commission by promoting our products. This partnership is based on the principle of mutual support and encouragement.

(2) Commissions will be paid to our affiliate partners upon request and after the affiliate partner has submitted a corresponding invoice. The invoice must contain all relevant information required for proper processing of the payment.

(3) The exact terms and conditions of commission payments, such as percentages and payment terms, are agreed individually between YLUMI and the Affiliate Partner and are part of the Affiliate Agreement concluded between the parties.

(4) YLUMI reserves the right to update the terms and conditions of the affiliate partnership. Affiliate partners will be notified of any changes in a timely manner. It is the responsibility of the affiliate partners to regularly inform themselves about the current terms and conditions.

§ 13 FINAL PROVISIONS

(1) Contracts between the provider and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international private law. If you are a consumer residing outside the Federal Republic of Germany, the law of the country in which you are resident may also apply if mandatory provisions apply.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) You agree that contract-related communication may be carried out in electronic form.

(4) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions, where applicable, shall be replaced by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

ALTERNATIVE DISPUTE RESOLUTION ACCORDING TO ARTICLE 14 PARAGRAPH 1 ODR-VO AND SECTION 36 VSBG:
The European commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

SAMPLE CANCELLATION FORM

(If you wish to cancel the contract, please fill out this form and return it.)

– On

YLUMI UG (limited liability)
Schleiermacherstrasse 12
10961 Berlin

Managing Director:
Amely Cake Baker,
Benjamin Cake Baker

– 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 if notification is made on paper)

- Date

___________
(*) Delete as appropriate.