Orders with Partner-Shops
fineyellow showcases the best modern styles on the market in one place. Therefore we are cooperating with different brands. The terms and conditions are different from brand to brand.
If you click on a product in the fineyellow shop and are forwarded to an external website, you will find the brand specific terms and conditions on that website.
Orders with fineyellow
If you order a product directly on fineyellow, the following terms and conditions (T&Cs) apply.
Terms and conditions as of 28.12.2018
Our terms and conditions apply to orders and deliveries of goods according to the contract between us, Fine Yellow UG (haftungsbeschränkt) (called “provider” going forward) and the customer.
The contact regulates selling new goods through the providers online shop www.fineyellow.com. Concerning the details of each offer, please consult the product descriptions in the shop.
2. Contractual partners
On base of the herein defined T&C’s the contract is established between the customers and the provider Fine Yellow UG (haftungbeschränkt); Address: Rheinsbergerstr. 76/77 (Factory), 10115 Berlin, Germany; VAT-ID: DE317859323
3. Conclusion of contract
- The contract is established in through ecommerce on the shop system of the providers website (www.fineyellow.com)
- The goods presented in the shop of the provider, are a non-binding invitation for an offer through the customer order.
- To submit a binding order, the following steps need to be followed by the customer:
- Choice of a product;
- Confirm by clicking the button “add to basket”;
- Verify the choice in the basket;
- Click the button “proceed to checkout”;
- Renewed check or correction of the entered data;
- Binding submission of the order by clicking the button “Place order”.
- The provider can accept the order of the customer within 5 days. The confirmation email after reception of the order is no confirmation of the order itself, it is an automated confirmation of having received the order. The order by the customer is either accepted by delivery of the good or by sending a separate order-confirmation email.
- The contractual texts are not saved by the provider after conclusion of contract. The customer will receive the details of the order in the order-confirmation email.
4. Prices and terms of payment
- All prices are the final prices and include the legal VAT. On top of the final price, delivery costs can apply. Delivery costs are shown in the check-out before the order is placed.
- The provider supports the following means of payment: credit card (Visa, MasterCard), PayPal, direct debit and payment upon invoice. The provider reserves the right, not to offer certain payment methods on individual basis or to suggest alternative means of payment.
- Other means of payment will not be offered and will be rejected.
- The amount invoiced is payable immediately. Ten days after receiving the product the client is in default of payment. Statutory rule applies concerning the consequences of default of payment.
5. Reservation of proprietary rights and other reservations
- Until fully paid the delivered goods remain property of the provider.
- If the customer is an entrepreneur, the ownership of the goods is reserved until the fulfilment of all claims against the customer, even if the goods themselves have already been paid.
- If the customer is an entrepreneur, he assigns the arising claims from the mentioned transaction against his customers to the provider for security, in case of a resale of the reserved goods before the fulfilment of all claims by the customer.
- If the value of the security exceeds the claims of the provider against the customer by more than 20%, the provider shall, at the request of the customer, release the securities to which he is entitled according to the provider’s choice.
6. Delivery conditions
- The goods will be shipped immediately after confirmed receipt of payment. The dispatch takes place on average a maximum of 2 days after receipt of payment. The regular delivery time is 2-6 working days for deliveries within Germany and within Europe, unless otherwise specified in the item description.
- Delivery periods specified by the provider or used as the basis for placing the order, are extended in the event of strike and force majeure, for the duration of the delay. The same applies if the customer does not fulfill any obligation to cooperate. If the supplier has a permanent impediment to delivery, in particular through force majeure or non-delivery by own suppliers, although a corresponding cover transaction was made in good time, the supplier has the right to withdraw from the contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded.
- If the customer is an entrepreneur, the risk of accidental loss and/ or accidental deterioration upon dispatch of the goods passes to the customer with the delivery of the goods to the selected service provider.
7. Product quality and warranty
- The provider is liable in the event of a defect according to the statutory provisions, as long as the subsequent does not yield any restrictions.
- If the customer is a consumer, he has to report obvious defects to the supplier within two weeks of the occurrence of the defect in text form. If the notification is not received within the aforementioned period, the warranty rights expire. This does not apply if the defect was fraudulently concealed by the supplier or if he has assumed a guarantee for the condition of the item.
- If the customer is an entrepreneur, the warranty period for all goods is limited to one year.
- The customer does not receive guarantees in the legal sense from the provider.
You have the right to cancel the contract within fourteen days without stating a reason.
The revocation 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 goods.
To exercise your right of withdrawal, you must contact us at:
Fine Yellow UG (haftungsbeschränkt), Rheinbergerstr. 76/77 (Factory), 10115 Berlin, firstname.lastname@example.org,
by means of a clear statement (such as a letter sent by mail or an e-mail) of your decision to withdraw from this contract.
In order to maintain the withdrawal period, it is sufficient for you to send the notification about the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawl
If you withdraw from this agreement, we have to repay all payments we have received from you, including delivery charges within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same form of payment that you used in the original transaction, unless expressly agreed otherwise with you, and you will not be charged for any such 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 the address provided by us, without delay and in any case no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You will receive the respective recipient address for the return shipment with the delivery.
You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if after a examination of the characteristics and functioning of the goods, this loss of value is due to an inappropriate handling of the goods.
- The liability of the provider for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to life, limb, health or essential contractual obligations, which necessarily have to be met in order to achieve the contract objective, as well as compensation for damages caused by default (§ 286 BGB). In that regard, the provider is liable for any degree of fault.
- This also applies to slightly negligent breaches of duty by our vicarious agents.
- Insofar as liability for damages that are not based on injury to the life, body or health of the customer, is not excluded for slight negligence, such claims become time-barred within one year beginning with the creation of the claim.
- Insofar as the liability for damages against the provider is excluded or limited, this also applies with regard to the personal liability for damages of the employees, representatives and vicarious agents of the provider.
10. Jurisdiction and applicable law
- Unless otherwise stated in the contract, the place of performance and place of payment is the place of business of the provider. The statutory provisions on jurisdictions remain unaffected, unless otherwise specified in the special provision of paragraph 3.
- This contract is governed by the law of the Federal Republic of Germany. This does not apply if special consumer protection regulations are more favorable in the customer’s home country (Article 6 of Regulation (EC) No 593/2008).
- If the customer has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the provider.
11. Data protection
In connection with the initiation, conclusion, settlement and reversal of a purchase contract based on these terms and conditions, the provider collects, stores and processes data. This happens in the context of the legal regulations. The provider does not disclose any personal data of the customer to third parties, unless he is legally obliged to do so or if the customer has expressly previously consented. If a third party is used for services in connection with the processing of the fulfilment, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer by way of order will only be processed to establish contact within the scope of the contract and only for the purpose for which the customer provided the data. The data will only be passed on as far as necessary to the shipping company, which takes over the delivery of the goods according to the order. The payment details will be forwarded to the bank responsible for the payment. Insofar as the provider makes storage periods of a commercial or tax nature, the storage of some data may take up to ten years. During the visit to the online shop of the provider, anonymized data, which does not allow any conclusions to personal data, in particular IP address, date, time, browser type, operating system and pages visited, are being logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the scope of the legal provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer may contact the following address: Fine Yellow UG (haftungsbeschränkt), Rheinsbergerstr. 76/77 (Factory), 10115 Berlin, email@example.com.