General Terms and Conditions of Business of Little Yeti GmbH
Art. 1 Scope of Application, Definitions
- In regard to the business relationship between us, Little Yeti GmbH, Kaiserstrasse 146-148, 76133 Karlsruhe, as provider of the webshop https://www.littleyeti.io (hereinafter referred to as “Little Yeti” or “we”) and the User (hereinafter referred to as “Customer”), exclusively the following General Terms and Conditions of Business, as amended as at the purchase order date, shall apply. Any deviating General Terms and Conditions of Business of the Customer will not be acknowledged, unless we explicitly agree that they are valid in writing.
- We only offer our services to consumers. The use of our services for commercial purposes, or any other trade purposes, is therefore excluded. In so far as the purpose of the deliveries and services ordered cannot be primarily attributed to his or her commercial or self-employed professional activity, the Customer is a consumer. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who or which, when concluding the contract, acts in exercise of his, her or its commercial or self-employed professional activity.
Art. 2 User Account
- In order to be able to use the webshop, customers need to set up a user account (hereinafter referred to as “User Account”), by entering, inter alia, an email address and a password. The Customer’s own data can be managed in the User Account.
- Without Little Yeti’ explicit consent, a User Account is not transferable, whether for a fee or free of charge. Each customer may only have one User Account.
- The Customer undertakes to keep any passwords and access data (jointly referred to as “Access Data”) to his, her or its User Account confidential, and to let us know, without delay, as soon as information is obtained, or it is presumed that said Access Data is known to unauthorized third parties. In this case, he, she or it will either change his, her or its data or have said data changed by us. We shall, moreover, in such a case, be entitled to temporarily block access to the account.
- Should we suspect that third parties have become aware of Access Data, we shall be entitled, but not obliged, to change the Access Data or block the User Account without prior notice. We will inform you about it, and, upon request, let you have new Access Data within a reasonable period of time. Any further claims as a result of the temporary blocking of the User Account or change of the User Data are excluded.
Art. 3 Conclusion of the agreement
- The Customer may select digital products from our range, in particular “Currency” or “Gear”, and gather them in a so-called shopping cart using the “Place in the cart” button. The way in which the products are displayed in our webshop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
- By clicking the “Commit to paying for an order” button at the last stage of the ordering process, you place a binding order to purchase or book the goods and/or services shown in the Order Overview. The request to purchase may, however, only be submitted and transmitted if the Customer, by clicking the button “Accept T&Cs”, has accepted these contractual conditions, and thereby included them in his, her or its application.
- Directly after submitting the order, the Customer will receive an order confirmation by email, together with the acceptance of the contractual offer. This email also contains the contractual provisions, with details of the goods ordered and/or services booked, including these General Terms and Conditions of Business and the Information on Revocation. The contractual provisions are not stored by us.
- The agreement is concluded in German.
Art. 4 Technical steps for the ordering process and rectification of input errors
In the course of the ordering process, the desired products are first of all placed in the shopping cart. The desired number of items can be changed there, at any time, or products selected removed again. If goods or services have been deposited there, by clicking the “Proceed to checkout” button, the ordering process proceeds from the shopping cart to a page where the customer data can be entered, and the method of payment subsequently selected. All the details can be reviewed on this Overview page. Any input errors (e.g. in regard to the method of payment, personal data or the desired number of items) can be rectified, by clicking “Edit” in the respective field. Should it be desired for the ordering proceed to be entirely aborted, the browser window can also simply be closed. Otherwise, after clicking the confirmation button, “Commit to paying for an order”, the Customer’s declaration becomes legally binding.
Art. 5 Prices
All prices that are given on our website are understood to be inclusive of the respective applicable statutory VAT.
Art. 6 Terms of payment
- The Customer can make payment by credit card or via PayPal.
- The Customer will be given the opportunity to save his, her or its credit card details in his, her or its User Account, and change or erase the method of payment stored there at any time.
- The purchase price shall be due for payment directly upon the contract being concluded.
Art. 7 Warranty for material defects, guarantee
(1) Little Yeti shall be liable for any defects in quality in accordance with the statutory provisions applicable in this respect, in particular Secs. 434 et seqq. of the German Civil Code (BGB).
(2) An additional warranty in regard to our services only exists if it has explicitly been given in the order confirmation concerning the respective item.
Art. 8 Liability
(1) Any claims on the part of the Customer to compensation for damage are excluded. Excepted herefrom are any claims for compensation for damage by the Customer based on injury to life, the body or the health, or based on the infringement of significant contractual obligations (cardinal obligations), as well as liability for any other losses that are based on willfully intentional or grossly negligent breach of duty by Little Yeti, its legal representatives or its vicarious agents. Significant contractual obligations are those, the fulfillment of which is necessary in order to achieve the objective of the contract, and upon the fulfillment of which the end customer may usually trust.
(2) In the case of infringement of significant contractual obligations, Little Yeti shall only be liable for the contractually typical, foreseeable losses if the latter have simply been caused by negligence, unless claims for compensation for damage on the part of the Customer are concerned based on injury to life, the body or the health.
(3) The restrictions outlined in paragraphs (1) and (2) shall also apply in favor of the legal representatives and vicarious agents of Little Yeti, if any claims are asserted against them directly.
(4) The limitations of liability arising from paragraphs (1) and (2) shall not apply in so far as Little Yeti has fraudulently concealed the defect or has provided a warranty in regard to the quality of the item. The same shall apply if Little Yeti and the Customer have entered into an agreement on the quality of the item concerned. The provisions of the Product Liability Act shall not be affected thereby.
Art. 9 Information on revocation
(1) When concluding a telesales transaction, consumers have a statutory right of revocation, on which Little Yeti will provide information in line with the statutory sample below. The exceptions from the right of revocation are regulated in paragraph (2). In paragraph (3) you will find a sample revocation form.
Information on the right of revocation
Right of revocation
You are entitled to revoke this agreement within fourteen days without giving reasons.
The revocation period shall amount to fourteen days as from the day on which you have, or a third party named by you, who is not the carrier, has, taken possession of the goods.
In order to exercise your right of revocation, you need to inform us, Little Yeti GmbH, Kaiserstrasse 146-148, 76133 Karlsruhe purchase@littleyeti.io, about your decision to revoke this contract by means of an unambiguous statement (e.g. a letter sent through the mail, by telefax or by email). You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
The revocation deadline shall be deemed to have been met if you dispatch the notification on your exercising your right of revocation prior to expiry of the revocation deadline.
Consequences of revocation
Should you revoke this agreement, we are obliged to refund you any payments that we have received from you, including the delivery charges (with the exception of any additional costs arising from your having selected an alternative type of delivery to the cost-effective standard delivery offered by us), without delay and at the latest within fourteen days as from the day on which we receive the notification about your revocation of this agreement. We shall use the same method of payment for said refund that you used for the original sales transaction, unless anything to the contrary has expressly been agreed with you. We will never charge you any fees for making such a refund.
We reserve the right to only refund the money once we have received the goods back or once you have provided evidence that you have dispatched the goods, depending on which point in time is earlier.
You will need to send or hand the goods back, without delay, in any event no later than within fourteen days of the day on which you inform us about the revocation of this agreement. The deadline shall be deemed to have been met if you dispatch the goods prior to expiry of said fourteen-day period.
You will need to bear the direct costs of returning the goods.
(2) The right of revocation shall lapse if the Customer has explicitly agreed, prior to execution of the contract, that Little Yeti may commence with the implementation of the contract prior to expiry of the revocation period, and has confirmed his, her or its awareness that, by consenting, he, she or it loses his, her or its right of revocation upon commencement of the execution of the contract.
(3) In regard to the sample revocation form, we are informing you, in accordance with the statutory provisions, as follows:
Sample revocation form
(If you wish to revoke the agreement, then please fill in this form and return it to us.)
— To [The name, address and, if applicable, the fax number and email address of the trader are to be entered here by the trader]:
— (I/We (*) hereby revoke the contract concluded by me/us (*) on the purchase of the following goods (*)/ the provision of the following services (*)
— Ordered on (*)/Received on (*)
— Name of the Consumer(s)
— Address of the Consumer(s)
— Signature of the Consumer(s) (only if the information is given in writing on paper)
— Date
(*) Please delete where inapplicable.
Art. 10 Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR platform). This can be reached at the following link: www.ec.europa.eu/consumers/odr/. We are not obliged to take part in the dispute resolution proceedings, and also not prepared to do so.
Art. 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to any contracts concluded between us and the Customer, subject to exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of the choice of law and on the application of mandatory regulations, in particular those of the country in which the Customer, as a consumer, has his, her or its usual domicile, shall not be affected thereby.