General Terms and Conditions of Yunos GmbH

General, Scope

  1. These general terms and conditions (hereinafter referred to as "GTC") apply to all business relationships between Yunos GmbH (hereinafter referred to as "Provider" or "Yunos") and its customer in the version applicable at the time the contract was concluded.
  2. Different terms and conditions of the customer will be rejected.
  3. Both consumers and professionals count as customers. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, independent or freelance activity. On the other hand, an professional is a natural or legal person or a legal partnership that orders for commercial, independent or freelance purposes.

Order and Conclusion of the Contract

  1. The presentation of the goods in the internet shop does not constitute a binding offer on the part of the provider to conclude a purchase contract. The customer is only requested to submit an offer by placing an order. The customer can view past orders in his user account.
  2. When one or more products are selected, they are placed in the virtual shopping cart. All products assigned to this can be viewed in the shopping cart. In addition, the number of ordered products can be changed and an ordered product removed. By pressing the "Checkout" button, you will be asked to enter the information relevant to shipping and to select a payment method. Before completing the order, you will be shown all the information relevant to the order. By pressing the "Buy" button, the ordering process is ended and the order is sent.
  3. By submitting the order in the internet shop, the customer makes a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
  4. The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made within two days by delivery of the goods or an express declaration of acceptance.

Order, Termination and Conclusion of the Subscription Contract

  1. The presentation of the goods as a subscription in the Internet shop does not constitute a binding offer by the provider to conclude a subscription. The customer is only asked to place an order with an offer. The customer can view the terms and conditions at any time in the shop.
  2. After selecting one or more products, the customer has the opportunity to place an order for various subscription configurations, which differ in terms of purchase price and delivery frequency. The products assigned to the subscription can be viewed in the shopping cart. By clicking the "Checkout" button, you will be prompted to enter the information relevant to shipping and to select a payment method. Before completing the order, you will be shown a summary of all information relevant to the order. By pressing the "Buy now" button, the order process is ended and the order is sent.
  3. By submitting the order in the internet shop, the customer makes a binding offer aimed at concluding a purchase contract for the goods in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as the only relevant legal relationship with the provider.
  4. The subscription available to the customer can be flexibly designed by the customer:
    1. Regular delivery of the ordered goods. The delivery rhythm can be determined by the customer with the first order and later adjusted.
    2. The duration of the contract is unlimited and can be terminated by the customer at any time without giving reasons.
    3. The packages are sent every month on the same day, starting from the day the subscription is taken out, as long as this day does not fall on a weekend. (Example: If the subscription was taken out on November 12th, the next packages are scheduled for December 12th, January 12th, etc.)
  5. The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer takes place within two days through the first delivery of the goods selected in the subscription or an express declaration of acceptance.
  6. Cancellations and changes can be made independently at any time in the account, to support@yunos.de or to the following address:
    Yunos GmbH
    Subscriptions
    Pappelallee 78-79
    10437 Berlin
  7. The right of withdrawal from these terms and conditions apply.

Prices, Availability

    1. For orders, the prices listed for the products at the time of the order apply. All prices mentioned include German VAT and are exclusive of shipping costs. Additional costs will be charged separately.
    2. If, contrary to all efforts, prices are incorrect in individual cases, we will inform you immediately of the incorrect presentation and offer you the opportunity to decide whether you want to keep the order at the corrected price or cancel your offer. If you have not decided within 7 working days, we will cancel the order and inform you of this by email.
    3. The range of goods may vary in color and design with regard to the images in the online shop.
    4. The provider is not obliged to keep the offer permanently available. The provider assumes no procurement risk, not even in the case of a sales contract for a generic good. The scope of our delivery obligation is limited to the inventory in stock.
    5. If the goods are not available or longer delivery delays are foreseeable, you will be reimbursed for any advance payments. In this case, you will be informed of the delivery difficulties by email.

    Delivery Terms

      1. Yunos ships products to Germany, Belgium, France, Great Britain, Ireland, Italy, the Netherlands, Austria and Switzerland. The delivery time is 1-4 working days after dispatch, depending on the destination country and location.

      CountriesOder value
      < 35,00 €
      Order value
      > 35,00 €
      Order value 
      > 80,00 €
      Germany3,90 €free free 

      Austria, Belgium, Czech Republic, Denmark, Luxembourg, Netherlands, Poland

      6,90 €3,90 € free 

      Switzerland, France, Italy, United Kingdom, Hungary, Slovakia, Liechtenstein, Monaco, San Marino, Vatican City

      7,90 €4,90 €free 

      Ireland, Spain, Croatia, Estonia, Finland, Latvia, Lithuania, Portugal, Romania, Slovenia, Sweden, Norway

      12,90 €9,90 €free

      Greenland, Canada, Mexico, United States

      59,90 €59,90 €59,90 €
      1. The provider is entitled to partial deliveries and partial services. The provider bears the resulting costs.
      2. The delivery takes place via GLS, DHL, UPS or Hermes. The provider ships from Monday to Friday noon.
      3. If a buyer does not accept the goods, the provider can sell the goods to a third party after a period of 2 weeks and hold the original buyer liable for any loss that may have arisen.
      4. If the goods cannot be delivered due to force majeure or product discontinuation or if the provider cannot procure the ordered products under reasonable conditions and if these circumstances only occur after the contract has been concluded and for which the provider is not responsible, the provider is released from the delivery obligation. If events occur that make the delivery significantly more difficult or impossible - such as strikes, lockouts, official orders or the like - the provider is not responsible for delays, even with bindingly agreed deadlines and dates.
      5. If you exercise your right of cancellation, the provider bears the regular costs of the return.

      Terms of Payment 

      1. For onetime orders we offer direct debit, instant transfer and credit card as payment methods. We reserve the right to exclude certain payment methods.
      2. For orders that represent a subscription, we offer payment by credit card (Visa, Mastercard). We reserve the right to exclude certain types of payment. In the case of subscriptions, the charge is made monthly when the goods are shipped.
      3. In cooperation with Klarna, we offer the following payment options. Payment is made to Klarna Sofortüberweisung, Credit card Direct debit.The payment options are offered as part of Klarna Checkout. More information and the terms of use for Klarna Checkout can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
      4. If you pay with PayPal, the amount is reserved when the order is placed, and the account is debited when the goods are shipped. Billing is carried out by:
        Contracting Entity: PayPal (Europe) Sàrl et Cie, SCA, a limited liability partnership registered in the Luxembourg, R.C.S. Luxembourg B 118 349
        Representative / general partner: PayPal (Europe) S.à r.l .: R.C.S Luxembourg B 127 485
        Representative of the general partner (director): Rupert Keeley
        PayPal (Europe) Sàrl et Cie, SCA is licensed as a Luxembourg credit institution and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (the "CSSF"), and is regulated by the Central Bank of Ireland for conduct of business rules applicable in Ireland.
        The CSSF has its registered office in L-1150 Luxembourg.
      5. If you pay by credit card, the amount is reserved when the order is placed, and the account is debited when the goods are dispatched. Billing is carried out by:
        Stripe Payments Europe, Ltd., c / o A & l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”), subject to the Stripe Terms of Use, available at https://stripe.com/de / legal, to which the seller assigns his payment claim. Stripe will collect the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to Stripe with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the payment method credit card payment via Stripe is selected, the seller remains responsible for general customer inquiries e.g. about goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credits.
      6. We will never undertake the costs of a money transaction.

      Transfer of Risk

        1. For customers, the risk of unforeseeable loss and accidental deterioration of the goods ordered passes to the customer or to a recipient specified by the customer. This applies regardless of whether the shipment is insured or not. In the other cases, the risk of an unforeseeable loss and an accidental deterioration of the ordered goods upon delivery, in the case of mail order purchases with the delivery of the goods to the freight forwarder or the person or institution otherwise responsible for carrying out the shipment passes to the buyer.

        Retention of Title

          1. In the case of consumers, we reserve ownership of the purchased item until full payment of the invoice amount. If you are a professional buyer in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

          Due Date 

            1. The payment of the purchase price is due upon conclusion of the contract.

            Disclaimer of Liability

              1. Claims for damages by the customer are excluded, unless otherwise specified below. The above disclaimer also applies in favor of the provider's legal representatives and vicarious agents if the customer asserts claims against them.

              2. Claims for damages due to injury to life, limb, health and claims for damages arising from the violation of essential contractual obligations are excluded from the disclaimer set out in Section 1. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The provider must hand over the item to the customer free of material and legal defects and provide ownership of it. Liability for damage that is based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents is also excluded from the disclaimer.

              Assignment and Pledge Ban 

                1. The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the provider's consent, unless the customer can demonstrate a legitimate interest in the assignment or pledging.

                Offsetting and Right of Retention

                  1. The customer only has a right of set-off if his claim for set-off has been legally established or is undisputed. You also have a right of retention only if and insofar as your counterclaim is based on the same contractual relationship.
                  2. If the customer is in arrears with us with any payment obligations, all existing claims become due immediately.

                  Right of Withdrawal

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

                    The withdrawal period is fourteen days:

                    1. In the case of a purchase contract from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
                    2. In the case of a contract for several goods that were ordered as part of a single order and that are delivered separately, from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

                    In order to exercise your right of withdrawal, you must inform us (Yunos, a brand of Yunos GmbH, Pappelallee 78-79, 10437 Berlin, info@yunos-online.de) by means of a clear declaration (e.g. a letter sent by post or E -Mail) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.

                    To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

                    Consequences of Withdrawal

                    When you withdraw from this contract, we are obligated to refund all of the payments that we have received from you, including delivery costs (except additional costs resulting from your decision to use a different delivery method than the cheapest standard method we offer), without any undue delay and within no more than 14 days after receipt of your notification of withdrawal. For this refund, we will use the same payment that you used for the original transaction, unless expressly agreed otherwise with you; in any event, we shall not charge you any fees on the basis of this refund. We may refuse to make the refund until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever is earlier.

                    You are obliged to return the goods without any undue delay and in any event within no more than 14 days after the date on which you notified us of the withdrawal. The deadline will be upheld provided the goods have been dispatched within 14 days of the notification. We shall bear the direct costs for the return of the goods.

                    You are only required to compensate for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on your part to test the condition, features and mode of operations of the goods.

                    Your right of withdrawal 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 was removed after delivery.

                    Withdrawal Form

                      If you would like to revoke your contract, please fill out this form and send it back to us

                      To:

                      Yunos GmbH
                      Pappelallee 78-79
                      10437 Berlin
                      Germany

                      E-Mail: info@yunos-online.de

                      I/We (*) hereby revoke the contract, agreed upon by me/us (*), for the purchase of the following goods/for the provision of the following services (*)

                      Ordered on (*)/received on (*):  ______________________________

                      Name of consumer(s): ______________________________

                      Order number : ______________________________

                      Address of consumer(s):

                      ______________________________

                      ______________________________

                      ______________________________

                      Signature of consumer(s) (only for notification on paper):

                      ______________________________

                      Date: ______________________________

                      (*) Delete as applicable.

                      Legal Liability for Defects

                      1. The statutory liability for defects applies to all of our products.

                        Important note:
                        Please consult your doctor if you have any known intolerances. The same applies to possible interactions with other products you are taking at the same time.

                      Promotional Vouchers

                        1. Promotional coupon codes cannot be purchased, but are issued as part of advertising campaigns. These are only valid in the specified period. The voucher expires once it has been used or the period of validity has expired. Individual products can be excluded from the voucher campaign.
                        2. For administrative reasons, it is not possible to refund any residual values of the vouchers or credit. If the value of a voucher or the credit is not sufficient for the order, the remaining amount can be offset with the payment options offered.
                        3. Vouchers and credits can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
                        4. Vouchers and credits cannot be transferred to third parties. Multiple vouchers cannot be combined.
                        5. Vouchers will not be refunded if goods are returned in whole or in part. Yunos is not liable for the loss or theft of promotional vouchers.

                        Choice of Law and Place of Jurisdiction

                          1. The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer is habitually resident are excluded from this choice of law. The application of the UN sales law is excluded.
                          2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the location of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

                          Privacy

                            1. The regulations of our data protection declaration (GDPR) apply to data protection.

                            Access to Contract Text  

                              1. We save the contract text and send you the order data by email. The terms and conditions can be viewed at any time. Past orders can be viewed in your account.

                              Out-of-court Online Dispute Resolution

                              1. The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. We are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.

                                Severability Clause

                                  1. Should any provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.

                                   

                                  Yunos GmbH
                                  Pappelallee 78-79
                                  10437 Berlin
                                  Germany

                                  Commercial Register: HRB 210222
                                  Register Court: Amtsgericht Berlin-Charlottenburg

                                  Represented by:
                                  Misha Rugolo
                                  Moritz Hellwig

                                  As of: September 2019 

                                   

                                  In diesen AGB genannte Vorschriften des Bürgerlichen Gesetzbuchs (BGB) finden Sie unter http://bundesrecht.juris.de/volltextsuche.html