Terms of service

 

§1 Scope of Application and Provider

§1 Scope of Application

(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded between us and consumers (hereinafter “customers”) via the online shop on the website we operate.

(2) A “consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity (Section 13 German Civil Code (BGB)).

(3) Any deviating, conflicting, or supplementary general terms and conditions of customers shall not apply unless we expressly agree to their validity in writing.

§1 Provider

The provider of the online shop and contractual partner of the customers is:

YanaDreams GbR
represented by the partners
Zahra Bonakdar
Nazanin Yarmohammadi
Moltkestr. 4
45128 Essen
Germany
Email: yanaadreams@gmail.com
(Further mandatory information can be found in the legal notice/imprint.)

§1 Contract Language

(4) The language available for the conclusion of the contract is German.
An English translation of these GTC may be provided for better understanding; however, only the German version is authoritative and legally binding.

§2 Conclusion of Contract

(1) The presentation of products in our online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.

(2) Customers can select products from the range and collect them via the “Add to cart” button. Customers can enter the ordering process via the “Checkout” button.

(3) Before submitting the order, customers have the opportunity to review, change, or correct all entries by using the correction tools provided in the ordering process. 

(4) By clicking the “Buy now”, “Place order with obligation to pay” button or a comparable, clearly labelled button, customers submit a binding offer to conclude a purchase contract for the goods contained in the shopping cart. 

(5) The purchase contract is only concluded upon our express acceptance of the offer. Acceptance takes place by:
• sending an order confirmation by email, or
• dispatching the goods.
The automated order confirmation sent immediately after the order is submitted does not yet constitute acceptance of the contract, but merely confirms receipt of the order. 

(6) The conclusion of the contract is subject to correct and complete self-supply, provided we are not responsible for the unavailability and we have properly ordered the goods.

§3 Prices and Shipping Costs

(1) All prices stated in our online shop are final prices and are shown in euros (€).

(2) In accordance with Section 19 (1) of the German Value Added Tax Act (UStG), no VAT is charged (small business regulation). VAT is therefore not shown separately.

(3) In addition to the stated prices, shipping costs may apply. The amount of shipping costs is shown separately to customers before placing the order during the checkout process and depends on the delivery location and shipping method.

(4) For deliveries to countries in the European Union, the shipping costs stated in the online shop apply. These are clearly communicated to customers at the latest in the shopping cart and at checkout.

(5) Unless otherwise stated, deliveries are made exclusively by shipping. Collection in person is not possible.

§4 Payment Terms and Payment Methods

(1) Various payment methods are available to customers in our online shop. Which payment methods are available in a particular case will be shown to customers at the latest during the ordering process.

(2) The purchase price is due immediately upon conclusion of the contract, unless otherwise agreed.

(3) Depending on the chosen payment method, payment processing is carried out via external payment service providers. This may include, in particular:
• PayPal
• Credit card (e.g., Visa, Mastercard)
• Klarna (e.g., instant bank transfer, purchase on invoice)
• Advance payment/bank transfer

(4) If a payment method via an external payment service provider is selected, the terms and conditions and privacy policy of the respective provider also apply. Customers will be informed of these during the ordering process or via linked notices.

(5) We reserve the right to exclude individual payment methods in individual cases if this is necessary for objective reasons (e.g., credit check by the payment service provider).

(6) If payment in advance is selected, the invoice amount must be transferred to the specified account within 7 days of the conclusion of the contract. If no payment is received within this period, we reserve the right to withdraw from the contract.

§5 Delivery and Shipping

(1) Goods are delivered exclusively by shipping to the delivery address provided by the customer during the ordering process.

(2) We deliver within Germany and to selected countries of the European Union. Which countries are supplied will be shown to customers in the online shop or at the latest during the ordering process.

(3) Shipping is carried out by the shipping provider DHL.

(4) Unless a different delivery time is stated in the online shop, delivery will take place within 3–7 business days after conclusion of the contract.
If payment in advance is selected, the delivery period begins upon receipt of payment.

(5) If delivery cannot be made or cannot be made in time for reasons for which we are not responsible (e.g., force majeure, strike, unavailability of supplies), customers will be informed without undue delay. Payments already made will be refunded without undue delay in this case.

(6) The risk of accidental loss or accidental deterioration of the goods passes to the customer only upon handover of the goods to the customer or to a person authorized to receive them.

(7) If goods are marked as fragile with a corresponding note, shipping will be carried out with special care. However, marking as “fragile” does not constitute a guarantee of damage-free transport.

§6 Retention of Title

The delivered goods remain our property until full payment of the purchase price has been made.

§7 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal.
Details regarding the right of withdrawal, in particular the conditions, deadlines, and how to exercise withdrawal, can be found in the separate withdrawal policy available in the online shop.

(2) The right of withdrawal does not apply to contracts for the delivery of goods
• that are not prefabricated and
• for whose production an individual selection or determination by the customer is decisive, or
• that are clearly tailored to the customer’s personal needs
(Section 312g (2) No. 1 BGB).

(3) If goods with personalized elements (e.g., individually designed cards or personal dedications) are ordered, withdrawal is excluded once the individualized production has begun.

(4) For goods ordered without personalization, the statutory right of withdrawal applies without restriction.

§8 Warranty (Liability for Defects)

(1) The statutory warranty rights apply.

(2) In the event of defects in the delivered goods, customers initially have the right to subsequent performance, i.e., at their choice either remedy of the defect or delivery of a defect-free item.

(3) If subsequent performance fails or is unreasonable for the customer, the customer may reduce the purchase price or withdraw from the contract.

(4) Warranty rights do not exist if the defect is due to improper handling, use, or storage of the goods by the customer.

§9 Liability

(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act, upon assumption of a guarantee, and for breaches of data protection obligations.

(2) In cases of slight negligence, we are liable only for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage typical for the contract.

(3) Otherwise, liability for slight negligence is excluded to the extent permitted by law.

§10 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of mandatory legal provisions of the state in which the consumer has their habitual residence.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is our registered office.

(3) Should individual provisions of these GTC be or become wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid provision.

§11 Intellectual Property

All content of this online shop, in particular texts, images, graphics, logos, and designs, is protected by copyright.
Reproduction, editing, distribution, or any other use beyond the limits of copyright law is not permitted without our prior written consent.

§12 Use of the Shopify Sales Platform

Our online shop is operated via the e-commerce platform Shopify (Shopify International Limited, Dublin, Ireland).
Purchase contracts are concluded exclusively between you and YanaDreams. Shopify is not a contracting party and is not responsible for contracts concluded via this shop.

§13 Data Protection

Personal data is processed in accordance with our privacy policy.

§14 Dispute Resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Information on consumer arbitration boards can be found at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=de