1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Terms of delivery and shipping
5. Right of Withdrawal
6. Retention of Title
7. Liability for Defects
8. Liability
9. Third Party Infringement Indemnification
10. Redeeming Gift Certificates
11. Redeeming Promotional Vouchers
12. Governing Law
13. Online Dispute Resolution Information

1. Scope

1.1. These general terms and conditions (hereinafter referred to as "GTC") of "Yaming and Yingqian GbR" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") conclude with the seller about the seller's goods offered in his online shop. The inclusion of the customer's own conditions is contradicted, unless something else has been agreed.

1.2. These General Terms and Conditions apply accordingly to the purchase of vouchers if and insofar as nothing to the contrary has been expressly regulated.

1.3. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

1.4. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer from the seller.

2.2. First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.

2.3. The seller accepts the customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods

The first alternative that occurs is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4. The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the customer can access the text of the contract free of charge via their customer login, provided they have opened a customer account.

2.5. All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.

2.6. The contract language is German.

2.7. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.

3. Prices and terms of payment

3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks.
The customer is advised to check the details with the respective institutions or authorities before ordering.

3.3. The customer can select the payment methods that are available in the online shop.

4. Terms of delivery and shipping

4.1. Goods are delivered by mail to the delivery address specified by the customer.

4.2. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had given him adequate notice of the service beforehand. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.

4.3. The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorized to receive them.
Deviating from this, the transfer of risk also takes place for consumers as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment, if the customer has specified the freight forwarder, freight carrier or other person to carry out the shipment Person or institution commissioned with the execution itself and the seller has not previously named this person or institution to the customer.

4.4. The conclusion of the contract is subject to the proviso that in the event of improper, delayed or non-delivery to ourself, we do not pay or pay only in part or at a later date. This only applies in the event that there is a congruent hedging transaction between the seller and the supplier, the seller is not responsible for improper, delayed or missing self-delivery and cannot be remedied by him with reasonable effort. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.5. Pick-up is not offered.

4.6. Vouchers are given to the customer in the following form:

• by email
• via download
• postal

5. Right of Withdrawal

5.1. If the customer is a consumer, he has a right of withdrawal.

5.2. The cancellation policy of the seller applies to the right of cancellation.

5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.

6. Retention of Title

6.1. In the case of contracts with consumers, the goods remain the property of the seller until full payment has been made.

6.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full.

6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns the claims against third parties arising from the resale to the amount of the respective invoice value (including sales tax) in advance to the seller. This assignment applies regardless of whether the reserved goods were resold without or after being processed. The customer may also collect claims after the assignment, but this does not affect the seller's right to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed against the customer.

7. Liability for Defects

With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed in these General Terms and Conditions.

7.1. If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• in the case of used goods, the rights and claims due to defects are fundamentally excluded;
• in the case of new goods, the limitation period for defects is one year from the transfer of risk;
• the statute of limitations does not begin again if a replacement delivery has been made as part of the liability for defects.

7.2. If the customer acts as a consumer, the following applies to used goods with the restriction of the following number: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.

7.3. The limitations of liability and shortening of the limitation period regulated above
do not apply

• for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for damage to life, limb or health culpably caused by the seller and for damage caused by gross negligence or intent
• or in the case of fraudulent intent on the part of the seller as well as claims in accordance with §§ 478, 479 BGB.

7.4. The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB
stay untouched.

7.5. If the customer acts as a merchant within the meaning of Section 1 HGB, he is subject to the commercial inspection and notification obligations in accordance with Section 377 HGB.

7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly made clear that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.

8. Liability

The liability of the seller from all contractual, quasi-contractual and statutory as well as tortious claims for damages and reimbursement of expenses is determined as follows:

8.1. The seller is only fully liable for damages that are due to intentional or grossly negligent behavior.
In the case of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), the seller is also liable for slight negligence.

An essential contractual obligation is one the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely.

As set out above, the seller is also liable on the basis of a guarantee promise, unless otherwise agreed in this regard.

This also applies to indirect consequential damage, such as lost profits in particular, and to mandatory liability, such as under the Product Liability Act.

8.2. Except in the case of intentional or grossly negligent behavior or damage resulting from injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations) - liability is limited to the damage that was typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage typical for the contract limited. This also applies to indirect consequential damages such as lost profits in particular.

8.3. Incidentally, a liability of the seller is excluded.

8.4. The above liability regulations also apply mutatis mutandis in favor of the seller's employees and vicarious agents.

9. Third Party Infringement Indemnification

If, in accordance with the contract, the seller owes the customer not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must ensure that the content provided to the seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller against third-party claims in this connection, unless he is not responsible for the infringement. The indemnification also includes the assumption of the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, completely and truthfully.

10. Redeeming Gift Certificates

10.1. Vouchers that have been purchased via the seller's online shop ("gift vouchers") can also only be redeemed in the seller's online shop.

10.2. Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer's voucher account by the expiry date.

10.3. Gift vouchers can only be redeemed before completing the ordering process. Subsequent redemption does not take place.

10.4. Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.

10.5. Gift certificates can only be redeemed for the purchase of goods.
The purchase of further gift vouchers cannot be paid for with a voucher.

10.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

10.7. Credit on gift vouchers will not be paid out and will not bear interest.

10.8. Gift vouchers are generally transferable.
The seller can pay with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

11. Redeeming Promotional Vouchers

11.1. Vouchers that the seller gives away free of charge as part of (advertising) campaigns with a specific period of validity and that the customer cannot purchase ("campaign vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.

11.2. Promotional vouchers can only be redeemed by consumers.

11.3. Individual products may be excluded from the voucher campaign.
If applicable, the specific restrictions can be found on the promotional voucher.

11.4. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting does not take place.

11.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.

11.6. The goods value of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

11.7. If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

11.8. The balance of a promotional voucher will neither be paid out nor will interest be paid.

11.9. The campaign voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

11.10. Promotional vouchers are generally transferable.
The seller can pay with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

12. Governing Law

12.1. The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

12.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

13. Online Dispute Resolution Information

The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.