General Terms and Conditions
1.1. For the business relationship between Yuvell (legal entity: H&P AMBULATORIEN BETRIEBS GMBH) (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. You can reach out to our customer service for any questions, complaints, or claims
Wednesday: 09:30 – 20:00
Thursday: 09:00 – 21:00
under the phone number: +43 1 512 1325 or via E-Mail under email@example.com
1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is predominantly neither attributable to his/her commercial nor to his/her independent professional activity.
1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an opportunity to place an order. Descriptions of services in catalogs as well as on the websites of the seller are not to be considered assurances or guarantees.
All offers are valid “while stocks last”, unless otherwise indicated. Furthermore, errors and omissions are expected.
3. Ordering procedure and conclusion of contract
3.1. The Customer may select products from the seller’s assortment without obligation and collect them in a so-called shopping cart via the [in den Warenkorb] button. Within the shopping cart the product selection can be changed, e.g. deleted. Finally, the Customer can complete the ordering procedure via the button [Weiter zur Kasse].
3.2. By clicking the button, [zahlungspflichtig bestellen] , the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can review and change the data at any time, as well as go back to the shopping cart using the browser function “back” or cancel the ordering procedure altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute an acceptance of the order. The purchase contract is concluded only when the seller has shipped or otherwise delivered the ordered product to the customer within 2 days of receiving the order, or if the shipment of the product has been confirmed within 2 days with a second e-mail/express order confirmation or an invoice.
3.4. If the seller allows payment in advance, the contract is concluded when bank details are provided and payment is requested. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract. As a result, the order is deemed invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in case of advance payment is therefore valid for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering procedure.
5. Delivery, Availability of goods
5.1. If prepayment has been agreed, delivery will be made after the invoice amount has been received.
5.2. If the delivery of the goods fails through the fault of the buyer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. If the ordered product is not available because it has not been supplied by the supplier, through no fault on behalf of the seller, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately refund the customer.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from a variety of available payment methods to pay for an order/treatment. Customers are informed about the available means of payment on a separate information page.
6.2. If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
6.3. If the due date of payment is determined according to the calendar, the customer is in default by missing the deadline. In this case, the customer shall pay penalty interest.
6.4. The customer’s obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by the delay.
6.5. The customer shall only be entitled to offset payment if his/her counterclaims have been legally asserted or acknowledged by the seller. The customer may only exercise the right to withhold insofar as the claims result from the same contractual relationship.
7. Reservation of title
Until full payment, the delivered goods remain the property of the seller.
8. Warranty for material defects and guarantee
8.1. The warranty is determined according to legal considerations.
8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly stated. Customers are informed about the warranty conditions before initiating the purchase order process.
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without detriment to the other statutory prerequisites for claims.
9.2. The seller shall be held liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller shall be liable for slightly negligent breaches of essential obligations, which jeopardize the achievement of the contractual purpose, or for a breach of obligations that need to be fulfilled to make the proper execution of the contract possible and the customer relies on for the seller to oblige with. In this case, however, the seller shall only be liable for foreseeable damages typical of a contract. The seller is not liable for slightly negligent breaches of obligations, other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect following the assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.
10. Storage of the contract text
10.1. The Customer can print the text of the contract before submitting the order to the seller by using the print function in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all the order data to the provided e-mail address. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and all information on shipping costs, as well as delivery and payment terms. If you have registered on our website, you can view your placed orders in your profile area. Additionally, we store the contract text but do not make it accessible on the Internet.
11. Final provisions
11.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.