Terms & Conditions

General Terms & Conditions of Business with Customer Information

Contents

  1. Scope
  2. Conclusion of contract
  3. Cancellation right
  4. Prices and payment conditions
  5. Delivery and shipping conditions
  6. Granting of usage rights for licence keys
  7. Retention of title
  8. Liability for defects (warranty)
  9. Special conditions for processing goods in accordance with specific customer requirements
  10. Redemption of sales campaign vouchers
  11. Redemption of gift vouchers
  12. Applicable law
  13. Place of jurisdiction
  14. Alternative reconciliation of disputes

 

1) Scope

1.1 These General Terms & Conditions of Business (hereinafter referred to as “Terms & Conditions”) of Yuneec Europe GmbH (hereinafter referred to as the “Vendor”) apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Vendor in connection with the goods displayed in its online shop. Inclusion of the Customer’s own conditions is hereby rejected, unless otherwise agreed.

1.2 These Terms & Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 These Terms & Conditions apply accordingly to contracts for the delivery of licence keys, unless expressly agreed otherwise. In such cases, the Vendor is required to provide a licence key for the use of the software or content described by it and to grant the contractually agreed rights to the use of the software or content in question. The Customer shall not acquire any intellectual property rights to the software or content. The product description in the Vendor’s online shop is definitive regarding the characteristics of the software or content.

1.4 A consumer within the meaning of these Terms & Conditions is deemed to be any natural person who concludes a legal transaction for purposes that cannot be primarily associated with their commercial or independent professional activities. An entrepreneur within the meaning of these Terms & Conditions is a natural person or a legal entity or a partnership with legal capacity, which, in concluding a legal transaction, is carrying out its commercial or independent professional activity.

 

2) Conclusion of contract

2.1 The product descriptions in the Vendor’s online shop do not constitute binding offers from the Vendor but serve to allow the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Vendor’s online shop. Having placed the selected goods in the virtual shopping basket and passed through the electronic ordering process, the Customer issues a legally binding offer of contract in relation to the goods included in the shopping basket by clicking the button that completes the order process.

2.3 The Vendor may accept the Customer’s offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case receipt of the order confirmation by the Customer is definitive, or
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is definitive, or
- by requesting the Customer to make payment after submission of the order.
If several of the above alternatives obtain, the contract shall come into being at the time at which any one of the above alternatives first occurs. The period of acceptance of the offer shall commence on the date of submission of the offer by the Customer and end on expiry of the fifth day following submission of the offer. If the Vendor does not accept the Customer’s offer within the period specified above, this is deemed to constitute rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 On selection of the “PayPal Express” payment method, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) under the PayPal conditions of use, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the conditions for payment without a PayPal account, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects “PayPal Express” as the payment method in the course of the online order process, clicking the button that completes the order process simultaneously issues a payment order to PayPal. In this case, the Vendor shall immediately accept the Customer’s offer at the moment at which the Customer triggers the payment process by clicking the button that completes the order process.

2.5 On submission of an offer via the Vendor’s online order form, the text of the contract is saved by the Vendor and sent to the customer in text form (e.g. e-mail, fax or letter) following submission of the order, along with these Terms & Conditions. In addition, the text of the contract is archived on the Vendor’s website and can be accessed by the Customer free of charge through his own password-protected customer account by entering the corresponding login details, provided that the Customer has created a customer account in the Vendor’s online shop before submitting the order.

2.6 Before binding submission of the order via the Vendor’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. The browser’s zoom function may help to detect input errors, as this will enlarge the display on the screen. The Customer may correct his inputs in the context of the electronic order process using the standard keyboard and mouse functions until such time as he clicks the button that completes the order process.

2.7 Conclusion of the contract may only be completed in German.

2.8 The order is usually processed and contact made by e-mail and through the automated order processing system. The Customer shall ensure that the e-mail address provided by him to process the order is correct, so that the e-mails sent by the Vendor can be received at that address. In particular, the Customer shall ensure that, if SPAM filters are used, all of the e-mails sent by the Vendor or by a third party commissioned by it to process the order can be delivered.

 

3) Cancellation right

3.1 As a matter of principle, consumers have a cancellation right.

3.2 More information about the cancellation right can be found in the Vendor’s cancellation policy.

 

4) Prices and payment conditions

4.1 Unless specified otherwise in the Vendor’s product description, the prices shown are total prices inclusive of VAT at the statutory rate. Any additional delivery or shipping costs are specified separately in the respective product description.

4.2 In the case of delivery to countries outside the European Union, other costs may be incurred in individual cases for which the Vendor is not responsible and which the Customer shall bear. These include, for example, costs for money transfers by financial institutions (e.g. transfer fees, exchange rate commission) or import charges or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transfers if delivery is not to a country outside the European Union but the Customer makes payment from a country that is outside the European Union.

4.3 The payment option(s) is/are communicated to the Customer in the Vendor’s online shop.

4.4 On selection of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) under the PayPal conditions of use, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the conditions for payment without a PayPal account, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

5) Delivery and shipping conditions

5.1 Delivery of the goods is carried out by shipment to the delivery address given by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Vendor’s order process is definitive.

5.2 If the transport company returns the goods to the Vendor because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer has exercised his cancellation right effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the Vendor gave him appropriate notice of the service in advance.

5.3 For logistical reasons, it is not possible for the Customer to collect the goods.

5.4 Vouchers are provided to the Customer as follows:

- by e-mail

5.5 Licence keys are provided to the Customer as follows:

- by on-screen display

 

6) Granting of usage rights for licence keys

6.1 The licence key provided entitles the Customer to use the software or content set out in the respective product description to the extent described there.

6.2 The usage right shall be granted only when the Customer has made the payment due in full.

 

7) Retention of title

If the Vendor provides advance performance, it shall reserve title to the goods delivered until complete payment of the purchase price due.

 

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the regulations regarding statutory liability for defects apply.

8.2 Notwithstanding the above, the limitation period for claims for defects for used goods is one year from delivery of the goods to the Customer. Reduction of the limitation period to one year does not apply, however,
- to items used for a building in accordance with their usual manner of use which have caused a defect in the building,
- to claims for compensation and reimbursement of expenses of the Customer, and
- if the Vendor has fraudulently concealed the defect.

8.3 The Customer is requested to make complaints about goods delivered with obvious transport damage to the carrier and to notify the Vendor of this. If the Customer does not do so, this has no effect on his statutory or contractual claims for defects.

 

9) Special conditions for processing goods in accordance with specific customer requirements

9.1 If, in accordance with the content of the contract, the Vendor is required not only to supply the goods but also to process them in accordance with specific requirements of the Customer, the Customer shall provide the Vendor with all of the material required for processing, such as text, images or graphics, in the file formats, formatting, image and file sizes specified by the Vendor, and shall grant it the necessary rights of use for them. The Customer alone is responsible for procurement of and acquisition of the rights for these materials. The Customer shall confirm and accept responsibility for the fact that he owns the right to use the materials provided to the Vendor. In particular, he shall ensure that no third-party proprietary rights are breached by them, particularly copyright, brand or personal rights.

9.2 The Customer shall indemnify the Vendor against claims by third parties that the latter may pursue against the Vendor in connection with a breach of their rights by the contractual use of the Customer’s materials by the Vendor. The Customer shall also meet the appropriate costs of essential legal defence in this connection, including all court and solicitors’ fees in the statutory amounts. This does not apply if the breach of the law is not the fault of the Customer. In the even of a claim by third parties, the Customer is obliged to provide the Vendor with all of the information required to verify the claim and mount a defence, immediately, truthfully and in full.

9.3 The Vendor reserves the right to reject processing orders if the material provided by the Customer for this purpose breaches legal or official prohibitions or offends common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory and/or offensive materials and materials that endanger young people or glorify violence.

 

10) Redemption of sales campaign vouchers

10.1 Vouchers that are issued by the Vendor free of charge as part of advertising campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter referred to as “Sales Campaign Vouchers”) may only be redeemed in the Vendor’s online shop and only within the period specified.

10.2 Sales Campaign Vouchers may only be used by consumers.

10.3 Individual products may be excluded from the voucher campaign provided that a corresponding restriction is evident from the content of the Sales Campaign Voucher.

10.4 Sales Campaign Vouchers may be redeemed only before completion of the order process. Retrospective offsetting is not possible.

10.5 Only one Sales Campaign Voucher may be redeemed per order.

10.6 The value of the goods must correspond to the amount of the Sales Campaign Voucher at the least. Any outstanding credit shall not be reimbursed by the Vendor.

10.7 If the value of the Sales Campaign Voucher is not sufficient to cover the order, one of the other payment methods offered by the Vendor may be selected to settle the difference in the amount.

10.8 The credit value of a Sales Campaign Voucher shall not be paid out in cash, nor shall interest be paid on it.

10.9 The value of the Sales Campaign Voucher shall not be reimbursed if the Customer returns the goods paid for in whole or in part with the sales campaign voucher in accordance with his statutory cancellation right.

10.10 The Sales Campaign Voucher is transferable. The Vendor may make payment to discharge its liability to the holder who is redeeming the Sales Campaign Voucher in the online shop. This does not apply if the Vendor has knowledge or a grossly negligent lack of knowledge of the fact that the respective holder has no entitlement, is legally incapable or has no representational authorisation.

 

11) Redemption of gift vouchers

11.1 Vouchers that may be purchased via the Vendor’s online shop (hereinafter referred to as “Gift Vouchers”) may only be redeemed in the Vendor’s online shop, unless the voucher specifies otherwise.

11.2 Gift Vouchers and remaining credit on Gift Vouchers may be redeemed up to the end of the third year from the year of purchase of the Gift Voucher. Residual credit shall be credited to the Customer up to the expiry date.

11.3 Gift Vouchers may be redeemed only before completion of the order process. Retrospective offsetting is not possible.

11.4 Only one Gift Voucher may be redeemed per order.

11.5 Gift Vouchers may only be used for the purchase of goods and not for the purchase of other Gift Vouchers.

11.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Vendor may be selected to settle the difference in the amount.

11.7 The credit value of a Gift Voucher shall not be paid out in cash, nor shall interest be paid on it.

11.8 The Gift Voucher is transferable. The Vendor may make payment to discharge its liability to the holder who is redeeming the Gift Voucher in the online shop. This does not apply if the Vendor has knowledge or a grossly negligent lack of knowledge of the fact that the respective holder has no entitlement, is legally incapable or has no representational authorisation.

 

12) Applicable law

The law of the Federal Republic of Germany, excluding the provisions on the international sale of movable goods, applies to all legal relations between the parties. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his normal place of residence.

 

13) Place of jurisdiction

If the Customer is acting as a merchant, a legal entity under public law or a special fund under public law based in the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Vendor. If the Customer’s registered office is outside the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Vendor if the contract or claims based on the contract can be attributed to the Customer’s professional or commercial activities. In the above cases, however, the Vendor is in any case entitled to take action in the court with jurisdiction over the Customer’s registered office.

 

14) Alternative reconciliation of disputes

14.1 The EU Commission provides a platform for online reconciliation of disputes under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of recourse for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 The Vendor is neither obliged nor willing to participate in a dispute settlement process in front of a consumer arbitration body.

 

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