General Terms and Conditions of Sale (GTCS)
Version: February 2019
1.1 The sale of products via the online shop (“Shop”) run by Fine Yellow UG (haftungsbeschränkt), (registered office: Rheinsbergerstr. 76/77 (Factory), D-10115 Berlin, referred to below as “fineyellow” or “we”) operated using the Internet address https://www.fineyellow.com shall be governed exclusively by these general terms and conditions of sale (“GTCS”). Your own terms and conditions which deviate from ours are rejected unless we expressly consent to their application in writing.
1.2 These GTCS apply to orders placed by consumers within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch, ‘BGB’) (that means natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business or profession) and to orders placed by businesses or business persons acting in the course of their business (‘Unternehmer’) within the meaning of § 14 of the BGB.
1.3 Products may only be purchased in the Shop if you consent to the GTCS. Please read through them carefully. If you do not consent to all of these GTCS, you are not permitted to place any orders.
2. Conclusion of the Contract
2.1 The offers made in our Shop are not binding. By placing an order in the Shop, you make a binding offer to conclude a contract of sale. The offer process includes the following steps: Choice of a product, confirming the choice by clicking the button ‘add to cart’, verifying the choice in the cart or correcting it, clicking the button ‘checkout’, inserting your personal data, selecting the method of shipping, selecting the method of payment and a binding submission of the order by clicking the button ‘place order’.
2.2 After you place an order, we will automatically send you an e-mail in which we confirm the receipt of your order (“Order Acknowledgement”). This Order Acknowledgement does not constitute the acceptance of your offer but is merely intended to inform you that we have received your order. It also includes detailed information in relation to your order and an order number, which you should state if you have any further questions about your order. If the goods you want are not available, we will inform you of this promptly.
2.3 A contract of sale with you only comes into existence when we or our supplier dispatch the product ordered to you and confirm dispatch to you in a second e-mail (“Order Confirmation”). If your order is dispatched in more than one parcel, you may receive a separate Order Confirmation for each parcel. In these circumstances, a separate contract of sale comes into existence with regard to each Order Confirmation concerning the products listed in the respective Order Confirmation.
2.4 If you are under the age of 18 you need the consent of your legal representative in order to conclude a contract with us.
3. Prices and Taxes
3.1 The prices stated in the Shop do not include delivery costs or handling fees. You can obtain information on delivery costs and handling fees here. This information will be shown to you on our website before you place your order.
3.2 All prices are inclusive of value added tax.
3.3 Prior to your order, all prices stated in the Shop can be changed at any time without prior notice.
4. Payment | Retention of Title
4.1 In principle, you may pay the purchase price by credit card (Visa, MasterCard), direct debit system, payment on invoice, or PayPal. However, for every order, we reserve the right not to offer certain payment methods and to refer you to other means of payment.
4.2 Until payment in full, every product supplied remains our property or – insofar as third parties are the owners of the products ordered – of the respective owner.
5. Shipping | Delivery
5.1 You can find more detailed information on delivery, the countries to which we can ship products and on delivery costs here. If we do not ship products to the country in which you live, please contact us via firstname.lastname@example.org.
5.2 If a product cannot be delivered due to incorrect or incomplete delivery information provided by you, it will be sent back to us. In such cases, we will not charge you for the product and/or any sums already paid will be reimbursed to you. However, we reserve the right to charge you delivery costs and, where appropriate, handling fees. If delivery of a product does not take place for other reasons, no costs will be charged to you and all payments which have already been made will be reimbursed.
5.3. Goods are usually delivered directly by our suppliers. If you order from us as a consumer within the meaning of § 13 of the BGB (that means as a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession) we bear the shipping risk for the goods.
6.1 In the event of defects, you are entitled to the statutory warranty rights against us as seller, in particular §§ 434 et seq. of the BGB. Unless expressly agreed otherwise in an individual case, we do not give any warranties which go beyond the statutory warranties and does not give any other undertakings in relation to the goods. When we contract with businesses or business persons acting in the course of their business (‘Unternehmer’), the warranty period is 12 months.
6.2 Goods offered on our website are presented in the form of digital photographs. Any slight colour variations are due to technical reasons and do not constitute a defect in the goods ordered from us.
7.1 As a matter of principle, you cannot claim for damages as such claims are excluded. This exclusion of liability for damages does not apply to claims for damages arising from fatal injury, personal injury or harm to health or from the breach of material contractual duties (so-called cardinal duties or ‘Kardinalpflichten’) or to liability for other loss or damage caused by an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Material contractual duties are those which it is necessary to fulfil in order to achieve the objective of the contract. In those cases we shall have unlimited liability. Liability under the law on product liability (Produkthaftungsgesetz) shall be unaffected by the present clause.
7.2 Except in relation to any claims you have for damages arising from fatal injury, personal injury or harm to health, where there is a breach of material contractual duties and loss or damage is caused by simple negligence, we shall only be liable to an extent limited in amount to the foreseeable loss or damage which is typical for this type of contract.
8. Notice of your Right of Withdrawal
If you order from us as a consumer within the meaning of § 13 of the BGB (that is as a natural person who enters into a legal transaction for a purpose that is predominantly outside his trade, business or profession), in addition to the other GTCS in this agreement, the provisions under this heading apply.
Notice of your Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reasons.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us Fine Yellow UG (haftungsbeschränkt), (registered office: Rheinsbergerstr. 76/77 (Factory), D-10115 Berlin; E-Mail: email@example.com; Tel.: +49 (0)176 626 624 83) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us or to a third person expressly named and authorized to receive by fineyellow without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the Notice of your Right of Withdrawal
9. Other Matters Relating to Returning the Goods
9.1 If you return any goods please use the return label included in the parcel, however, this is not a precondition to the exercise of your right of withdrawal under Clause 8.
9.2 We request that you do not remove any tags, labels or similar items attached to the goods (e.g. by cutting them off) and that you do not soil or damage the goods if you would like to send the goods back. This Clause does not restrict your statutory right of withdrawal under Clause 8. However, we would like to draw your attention to the last paragraph of Clause 8 (liability when establishing the nature, characteristics and functioning of the goods).
10. Data Protection
Our privacy statement explains how we handle your personal data and protect it if you buy products via our Shop. You can find the privacy statement here: https://www.fineyellow.com/privacy-policy.
11. Applicable Law | Jurisdiction | Language of the Contract
11.1 These GTCS and any disputes arising from or in connection with these GTCS shall be subject to German law excluding the United Nations Convention on Contracts for the International Sale of Goods.
11.2 Where products are ordered by businesses or business persons acting in the course of their business (‘Unternehmer’), the place of jurisdiction for all disputes arising from or in connection with these GTCS shall be Berlin. In other cases, the statutory rules on the place of jurisdiction shall apply.
11.3 The language of the contract is German. This document is a non-binding convenience translation. For a binding version of these GTCS please read the German version. Solely the German version is the governing version.
12. Amendments to these GTCS | Severability
12.1 The GTCS which are valid at the time of the purchase of a product shall apply to the corresponding order and the corresponding product. We reserve the right to amend these GTCS. Such amendments shall not have retrospective effect and shall apply exclusively to future orders.
12.2 If a provision in these GTCS is or becomes wholly or partially void, ineffective, impracticable or unenforceable, the effectiveness and the enforceability of the other provisions of these GTCS shall not be affected.
Fine Yellow UG (haftungsbeschränkt)