Terms and conditions
General Terms & Conditions (TAC)
§ 1 Scope
When ordering products from www.yakuzastore.com the following General Terms and Conditions of the Babagna Production GmbH, Bautzen, Germany, shall exclusively apply as amended on the date the order was placed. The following General Terms and Conditions shall only apply to contracts/orders placed in the online shop (www.yakuzastore.com).
§ 2 Contract/order
2.1 The languages of the contract shall be German and English.
2.2 The object of the contract shall be the goods and services specified by the customer within the context of the order and the confirmation of order and/or purchase order on the end prices specified in the online shop. Mistakes and errors are reserved, especially with regard to product availability.
2.3 The quality of the ordered goods shall arise from the product descriptions in the online shop. Images on the website may not reflect the products accurately. Especially colours may significantly differ for technical reasons. Images shall only serve as illustrative material and may differ from the product. Technical data, weight specifications, measurements and service descriptions are indicated as precisely as possible, however, they may show the usual deviations. The characteristics described in here shall not constitute a defect of the products delivered by the vendor.
2.4 All offers in the vendor’s online shop shall only constitute a non-binding invitation to the customer to submit a purchase offer to the vendor. As soon as the vendor receives the customer’s order, a confirmation will be sent to the customer that he has made an order, usually via email (confirmation of order). The confirmation of order shall not yet constitute the acceptance of order. Upon receipt of the customer’s order, the vendor will check the order quickly and notify the customer within two working days if he accepts the order (purchase order).
The ordering process in the vendor’s online shop works as follows: The customer can choose products from the vendor’s range and collect them in a so-called cart by clicking the button “Add to Cart”. The customer gets an overview of the selected products by clicking the symbol “Cart”. By clicking the button “Buy now” he submits a binding request for buying the goods in the cart. Before forwarding an order, the client can check and change his data as well as the entered order and data at any time by clicking the browser functions “back” an “forward” displayed as arrow buttons. The request can only be submitted when the customer accepts the contract conditions by clicking the check box “Accept Terms and Conditions”, thus including them in his request. After that, the vendor will send the customer an automatic receipt via email, in which the customer’s order will be listed again and which the customer may print via the “Print” function. The automatic receipt shall only document that the customer’s order was received by the vendor and shall not represent an acceptance of the request. The agreement shall only materialise when the vendor issues a declaration of acceptance or a shipping confirmation which will be sent in a separate email.
All orders can be checked in the customer section “My account”.
2.5 If no copies of the product selected by the customer are on hand at the time of order, the vendor will notify the client in the purchase order. If the product is permanently out of stock, the vendor shall abstain from issuing a declaration of acceptance. In this case, the contract shall not materialise.
2.6 If the product specified by the customer in his order is temporarily not on hand, the vendor will also immediately notify the customer in the purchase order. If a delay in delivery of more than two weeks occurs, the customer shall have the right to withdraw from the contract. In this case, the vendor is also entitled to withdraw from the contract. On this occasion, he shall immediately reimburse all payments that may be made by the customer.
§ 3 Identity of the contracting party
This contract shall materialise with the Babagna Production GmbH, unless otherwise expressly specified.
Address
Babagna Production GmbH
Neuteichnitzer Strasse 52
02625 Bautzen | Germany
Telephone: +49. 3591.53 25 610
Fax: +49. 3591.53 25 609
Email: kontakt@yakuzastore.com
Commercial register: Local Court Dresden
Register number: HRB 30632
VAT ID: DE 280444030
§ 4 Delivery
4.1 Deliveries will be made out by our shipping partner DHL free of charge to delivery addresses within Germany.
For deliveries to Switzerland, Austria, Norway and UK as well as to all other European countries, we will charge a flat rate in the amount of 10.90 EUR for postage and packaging.
For all other countries we deliver to globally we charge a flat rate in the amount of 29.90 EUR for postage and packaging. Additional tariffs, taxes and charges will be incurred upon delivery to all non-EU countries. For further information on tariffs upon delivery in non-EU countries, please, for example, refer to the following link: http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htm
For further information on import sales taxes upon delivery in non-EU countries, please, for example, refer to the following link: http://auskunft.ezt-online.de/ezto/Welcome.do
For information regarding Switzerland, please, for example, refer to: http://xtares.admin.ch/tares/
4.2 The delivery term within Germany is five working days. If the payment is made in advance, the delivery term shall commence on the day the payment order was issued to the transferring financial institution. If the payment was made by another payment method, the delivery term shall commence on the day after the contract was concluded. In all cases, the deliver term shall terminate on the last day of this term. If the last day of this term is a Saturday, Sunday or a public holiday generally recognised in the deliver location, such day shall be superseded by the following working day. If you order several products at once which are subject to varying delivery periods, we will ship the goods according to their availability in multiple shipments for which the delivery periods specified for each product shall apply. No additional shipping costs will be charged.
§ 5 Transport damages
5.1 If delivered goods have obvious transport damages, please inform the postman immediately about these defects and contact us as soon as possible.
5.2 If you fail to make a complaint or contact us, no consequences shall occur regarding your legal warranty rights. However, you will help us to make direct claims against the freight carrier or cargo insurance company.
§ 6 Right of cancellation
Right of cancellation
Consumer shall mean the natural person that concludes a transaction for a purpose which predominately can neither be attributed to its commercial nor to its freelance professional activity.n.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days commencing on the day you or a third party designated by you that is not the carrier have or has taken possession of the goods. In order to exercise this right of revocation, you must notify us (Babagna Production GmbH, Neuteichnitzer Strasse 52, 02625 Bautzen, Telephone: +49. 3591.53 25 610, Fax: +49. 3591.53 25 609, Email: kontakt@yakuzastore.com) unambiguously (e.g. by airmail, telefax or email) about your decision to revoke this contract. You can use the attached standard revocation form for this purpose, which, however, is not mandatory. In order to preserve the right of revocation, it is sufficient to mail the notification of exercising the right of revocation before the revocation period expires.
Consequences of cancellation
If you revoke this contract, we must reimburse you all payments we have received from you including the shipping costs (excluding all additional costs resulting from the fact that you have chosen another shipping method than the cheapest standard shipping offered by us) immediately but not later than within a period of fourteen days commencing on the day we have received the notification that you have revoked this contract For reimbursing you we use the same payment you have used for your initial transaction, unless otherwise expressly agreed. We will never charge you any fees for this reimbursement. We have the right to refuse the reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever the earlier. You must immediately and in any case not later than within a period of fourteen days commencing on the day you have notified us that you have revoked the contract return the goods or hand them over to us. The deadline is met when you have sent the goods before the period of fourteen days expires. We bear the costs for returning the goods. You only have to compensate for any loss of value of the goods if this loss can be traced back to you in terms of a handling which was not necessary to check the quality, characteristics and functionality of the goods.
Standard revocation form
(Please complete this form and send it back if you want to revoke the contract.)
To Babagna Production GmbH, Neuteichnitzer Strasse 52, 02625 Bautzen | Germany, Fax: +49. 3591.53 25 609, Email: kontakt@yakuzastore.com
I/we (*) hereby revoke the contract on the purchase of the following goods (*) entered into by me/us (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notifications on paper)
- Date
----------
(*) Please delete if not applicable
End of the revocation form
6.1 The right of revocation does not apply for contracts on the delivery of goods which are not prefabricated and which are produced after the consumer has selected or determined them individually or which are explicitly customised to the individual needs of the consumer. This right expires prematurely in the case of contracts on the delivery of goods which should not be returned for health protection or hygienic reasons when their seal was opened after delivery.
6.2 Please avoid damaging or soiling the goods. If possible, please return the goods to us in their original packaging including all accessories and with all packaging components. Please use a protective packaging if applicable. If you no longer have the original packaging, please ensure that an appropriate packaging is used in order to protect the goods against transport damage to avoid indemnification claims due to damages resulting from insufficient packaging.den.
6.3 Please note that the terms specified above in section 2 are not required for exercising the right of revocation effectively.d.
§ 7 Prices
All prices are specified in Euro and strictly gross including legal VAT, if applicable. Postage and shipping costs are added in accordance with § 4.1.
§ 8 Payment methods
We accept advance payment, cash on delivery, payments via credit card, on receipt of invoice and via PayPal. With every order we reserve the right to not offer all payment methods or to refer to a different payment method. Payments can only be made via credit card, PayPal or in advance if the customer’s residence is outside Germany. For technical reasons, a collected credit can not be offset if an order is placed online.
§ 9 Warranty
9.1 The provider is liable for all material defects according to the applicable statutory provisions, in particular paragraph 434 et seqq. of the BGB (German Civil Code).
9.2 A guarantee for the goods delivered by the supplier is only applicable if expressly specified in the purchase order for a particular item.
9.3 Complaints and claims for defects can be made at the address specified in the identification of provider.
§ 10 Retention of title
The delivered goods remain property of the Babagna Production GmbH until they are paid in full.
§ 11 Liability
11.1 Unlimited liability: We are liable without limitation for all intent and gross negligence and in accordance with the German Product Liability Act. In case of slight negligence we are liable for damage(s) resulting from injury to life, body or health of an individual.
11.2 In addition, the following limited liability shall apply: In case of slight negligence we are only liable for breach of a material contractual obligation which has to be fulfilled in order to enable the contract to be executed and on which you can generally trust to be complied with (material contractual obligation). The liability for slight negligence is with respect to the amount limited to the damages which are foreseeable when the contract is completed and which are naturally expected to occur. This limitation of liability also applies in favour of our vicarious agents.
§ 12 Applicable law
The law of the Federal Republic of Germany is applicable for all contracts between the vendor and the customers, excluding the Convention on Contracts for the International Sale of Goods. This choice of law is only applicable for consumers if the protection was not removed from the customer which is granted by the state of habitual residence of the consumer by mandatory statutory provisions. Place of jurisdiction for any dispute arising out of the contractual relationship between the customer and the vendor shall be the location of the vendor if the customer is a merchant, a legal entity of public law or a public-law Special Fund. This provision shall also apply if the customer’s place of jurisdiction is not Germany or the EU or if his place of residence or habitual residence is not known at the time the suit is filed.
§ 13 Severability clause
If any provision of these General Terms and Conditions is invalid, the validity of the remaining provisions shall not be affected.
§ 14 Identification of provider
Babagna Production GmbH
Neuteichnitzer Strasse 52
02625 Bautzen | Germany
Web: www.yakuzastore.com
Email: kontakt@yakuzastore.com
Telephone: +49. 3591.53 25 610
Fax: +49. 3591.53 25 609
Administration of business: Markus Eisold, Bertram Krause
Commercial register: Local Court Dresden
Company Registration Number: HRB 30632
VAT ID: DE 280444030
status: 28th March 2022