General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of YANG HENGSHENG LOGISTICS LTD. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de
2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. email, fax or letter) after the order has been sent. The Seller will not make the contract text accessible beyond this.
2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 The German language is exclusively available for the conclusion of the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct, so that the emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in connection with the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing is handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. invoice purchase or installment payment), it assigns its payment claim to PayPal or to the payment service provider specifically named to the Customer by PayPal. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credits, even in the case of assignment of claims.
4.6 If the "SOFORT" payment method is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found by the Customer on the Internet at https://www.klarna.com
4.7 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com
4.8 If a payment method offered via the "Klarna" payment service is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the Seller's payment information.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping if the Customer effectively exercises their right of withdrawal. For the return costs, the provision in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even for consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance payments, he reserves ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from the delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and reductions in deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 HGB (German Commercial Code), he is subject to the commercial inspection and notification obligation in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.6 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller of this. If the Customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Applicable Law
For all legal relationships between the parties, the law of the Hong Kong Special Administrative Region applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.