Terms and Conditions
The following General Terms and Conditions (GTC) govern the sale of products
by Benjamin Senay, Rheingaustraße 6, 12161 Berlin, E-Mail: office@yomera.de, hereinafter referred to as
"Provider," via the online shop at www.yomera.de.
§ 1 Scope
(1) These GTC apply to all contracts concluded between the Provider and both private customers (within
the meaning of § 13 BGB) and business customers (within the meaning of § 14 BGB) via the online shop at
www.yomera.de.
(2) Deviating terms and conditions of the customer shall not apply, unless the
Provider expressly agrees to their validity in writing.
(3) The scope of products offered includes: herbs, teas, plant extracts, resins,
incense, natural products, sprays, room fragrances, cosmetic products, accessories, and traditional
products.
§ 2 Conclusion of Contract
(1) The contract is concluded with the Provider: Benjamin Senay, Rheingaustraße 6, 12161 Berlin.
(2) The contract and negotiation language is German.
(3) Offers are exclusively aimed at customers with a delivery address within the following
countries or regions: Germany, Austria, Switzerland.
(4) The customer must be at least 18 years old.
(5) The presentation of products in the online shop does not constitute a legally binding offer, but
an invitation to place an order. The customer submits a binding offer by
completing the ordering process and finally clicking the "order now" button. The receipt of the
order will be confirmed by an automatic e-mail, which does not yet constitute an acceptance of the
offer. The purchase contract is only concluded by an explicit acceptance confirmation via e-
mail or by the dispatch of the goods.
(6) Orders exceeding household quantities require the explicit
consent of the Provider. This applies to both the number of products ordered within a
single order and the placement of multiple orders for the same product.
(7) The order data will be stored after conclusion of the contract and can be viewed in the customer login.
(8) The customer agrees to receive invoices exclusively electronically.
Electronic invoices will be provided via email or in the customer account.
§ 3 Right of Withdrawal
(1) Instructions on Withdrawal for Private Customers
The customer has the right to withdraw from the contract within fourteen days without giving any reasons.
The withdrawal period is fourteen days from the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the last goods.
To exercise the right of withdrawal, the customer must inform the Provider, Benjamin Senay, Rheingaustraße
6, 12161 Berlin by means of a clear statement (e.g., a letter sent by post or an e-
mail) about their decision to withdraw from the contract. The customer can use the
attached sample withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
(2) Consequences of Withdrawal
If the customer withdraws from the contract, the Provider shall repay all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the customer's choice of a type of delivery other than the cheapest standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the notification of the withdrawal of this contract has been received by the Provider. For this repayment, the Provider shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged fees for this repayment. The Provider may refuse repayment until he has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
The customer must return or hand over the goods without undue delay and in any case no later than fourteen days from the day on which he informs the Provider of the withdrawal of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
The customer bears the costs of returning the goods.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Sample Withdrawal Form
If the customer wishes to withdraw from the contract, they can fill out and return this form:
Benjamin Senay, Rheingaustraße 6, 12161 Berlin
I/We hereby withdraw from the contract concluded by me/us for:
- the purchase of the following goods/services:
- Ordered on/received on:
- Name of consumer(s):
- Address of consumer(s):
- Date:
- Signature of consumer(s) (only for notification on paper):
________________________________
(3) Right of Withdrawal for Business Customers
Business customers (within the meaning of § 14 BGB) do not have a statutory right of withdrawal. Contracts with
business customers are binding and can only be cancelled according to statutory provisions or according to contractually
agreed conditions.
§ 4 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiration date would be quickly exceeded. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery are also excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods that have been inseparably mixed with other goods after delivery due to their nature. Finally, goods in a sealed package whose seal has been removed after delivery, such as CDs, DVDs or software, are also excluded from the right of withdrawal.
§ 5 Prices and Shipping Costs
(1) All stated prices include the statutory value-added tax.
(2) The stated prices do not include the respective shipping costs. For orders with a value of €79 or more, delivery is free of shipping costs.
(3) It may happen that products in the online shop are accidentally priced incorrectly.
In such a case, the Provider will contact the customer before shipping the goods
to inform them that the actual price is higher and to ask if they would like to buy the
product at the correct price or cancel the order. Should the correct price
of a product be lower than the stated price, the Provider will charge the lower amount
and send the product.
(4) The prices valid at the time of the order apply. If list prices are available,
the list prices at the time of the order apply.
§ 6 Customs
(1) For orders for delivery outside the European Union, import duties and taxes may apply, which are levied once the package reaches its destination. These additional fees must be borne by the customer; the Provider has no influence on these fees. Since customs regulations vary from country to country, the customer should contact their local customs authority for further information.
(2) For orders from outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which they receive the products. The Provider points out that cross-border deliveries may be subject to opening and inspection by customs authorities.
§ 7 Payment Terms
(1) The payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online shop.
(2) PayPal: After completing the order, the customer will be redirected to PayPal, where they can initiate the payment. Shipping will take place after confirmation of payment receipt.
(3) The customer enters their Maestro card details during the ordering process. The debiting takes place after dispatch of the goods.
(4) Credit card: The customer enters their credit card details during the ordering process. The debiting takes place after dispatch of the goods.
(5) Klarna: The customer can pay by invoice or installment purchase via Klarna. The
payment terms are specified by Klarna.
(6) Gift card: The customer can settle the invoice amount with a valid gift card from the
Provider. Shipping will take place after payment confirmation.
(7) Apple Pay: The customer enters their Apple Pay details during the ordering process and confirms
payment via Apple Pay. The debiting takes place after dispatch of the goods.
(8) Google Pay: The customer enters their Google Pay details during the ordering process and
confirms payment via Google Pay. The debiting takes place after dispatch of the goods.
(9) Upon dispatch of the goods, the invoice will be sent by e-mail or, if no e-mail address is on file, by post to the specified billing address.
(10) If the customer defaults on payment or a direct debit is returned, the Provider is entitled to claim default damages (e.g., reminder fees, default interest, chargeback fees).
(11) Payment by sending cash or checks is not possible.
§ 8 Retention of Title
(1) The delivered goods remain the property of the Provider until full payment of the purchase price.
(2) The customer is obliged to treat the goods with care during the retention of title. He must, in particular, carry out all necessary maintenance and inspection work at his own expense in good time.
(3) The customer must immediately notify the Provider in writing if the goods are seized or subjected to other interventions by third parties, so that the Provider can file a lawsuit according to § 771 ZPO. Insofar as the third party is unable to reimburse the Provider for the judicial and extrajudicial costs of a lawsuit according to § 771 ZPO, the customer is liable for the loss incurred by the Provider.
§ 9 Delivery, Cancellation, and Shipping
(1) Unless otherwise stated in the offer, the delivery time is expected to be 5 working days.
The Provider endeavors to adhere to the stated delivery times. Should delivery deadlines not be met,
the customer will be informed immediately and any payments already made will be refunded.
(2) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within Germany. Information on product availability can be found on the Provider's website. All information regarding availability, shipping, or delivery times is non-binding unless expressly marked as binding.
(3) Should it be determined during the processing of the order that the ordered products are not available, the customer will be informed immediately by e-mail or message in the customer account. The customer's legal claims remain unaffected.
(4) Delivery will take place depending on the customer's chosen payment method. For advance payment, delivery will take place after receipt of payment. For all other payment methods, delivery will take place after conclusion of the contract.
(5) Should the order be shipped in multiple packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract for the products listed in the respective shipping confirmation will be concluded for each shipping confirmation.
(6) The customer can cancel their order free of charge until the goods are shipped. After shipping, a cancellation is only possible in accordance with the provisions on the right of withdrawal.
(7) Partial deliveries are permissible, provided they are reasonable for the customer. Additional shipping costs will only be incurred upon explicit agreement.
(8) Should the delivery of the goods fail due to the fault of the customer, the Provider reserves the right to withdraw from the contract. Payments already made will be refunded to the customer immediately.
(9) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider's supplier does not fulfill its contractual obligations, the Provider is entitled to withdraw. In this case, the customer will be informed immediately and payments already made will be refunded.
(10) Should the delivery of the ordered products be delayed or become impossible due to force majeure or other unforeseeable, extraordinary and unavoidable circumstances – such as natural disasters, war, strikes or official measures – the delivery periods will be extended appropriately. The Provider will inform the customer immediately of the unavailability. In these cases, the Provider is entitled to withdraw from the contract. The customer will be informed immediately of the withdrawal and payments already made will be refunded.
(11) The Provider shall not be liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed.
§ 10 Shipping Damage
(1) Should you receive goods with obvious transport damage, please complain about such defects immediately to the delivery person and contact us without delay.
(2) Failure to complain or make contact has no consequences for your statutory warranty rights. However, it helps us to assert our own claims
against the carrier or transport insurer.
§ 11 Warranty
(1) Warranty for Private Customers
If the customer is a consumer, the warranty is governed by statutory provisions.
Consumers in the EU also have a statutory warranty right of two years from delivery of the goods, in addition to their 30-day return guarantee.
(2) Used Goods
For used goods, the warranty period may be shorter than two years.
(3) Warranty for Business Customers
If the customer is not a consumer, a defect will be rectified by redelivery or rectification. The Provider can choose whether the supplementary performance is carried out by remedying the defect or delivering a defect-free item. For business customers, the limitation period is one year. This restriction does not apply to claims for damages based on injury to life, limb or health, nor in the case of intent or gross negligence.
§ 12 Liability (for private customers)
This liability clause applies exclusively to private customers (within the meaning of § 13 BGB).
(1) If the customer is a consumer, liability is governed by statutory provisions.
(2) The Provider's liability for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability does not apply to injury to the customer's life, body and health, to claims for breach of essential contractual obligations (cardinal obligations) and to compensation for delay damages in accordance with § 286 BGB. In this respect, the Provider is liable for every degree of fault.
(3) In the event of slight negligence in breaching essential contractual obligations (cardinal obligations), the Provider's liability is limited to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose observance the customer can regularly rely.
(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the Provider's legal representatives or vicarious agents.
(5) The Provider assumes no responsibility for the content and accuracy of the information in registration and profile data of customers as well as other content generated by customers.
(6) Claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, the maximum liability is 5% of the order value.
(7) Claims for damages based on injury to life, limb or health become time-barred after 30 years; all other claims for damages become time-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor, or should have become aware without gross negligence (§ 199 para. 1 BGB).
(8) The Provider is entitled to check texts created by customers and uploaded files for compliance with legal regulations and legal provisions. In the event of violations, the Provider reserves the right to remove these contents in whole or in part, if necessary.
(9) Liability under the Product Liability Act remains unaffected.
§ 13 Liability (for business customers)
This liability clause applies exclusively to business customers (within the meaning of § 14 BGB).
(1) The Provider's liability for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability does not apply to injury to the customer's life, body and health, to claims for breach of essential contractual obligations (cardinal obligations) and to compensation for delay damages in accordance with § 286 BGB. In this respect,
the Provider is liable for every degree of fault.
(2) In the event of slight negligence in breaching essential contractual obligations (cardinal obligations), the Provider's liability is limited to the typically foreseeable damage.
Essential
contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on
whose observance the customer may regularly rely.
(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the
legal representatives or vicarious agents of the provider.
(4) The provider assumes no responsibility for the content and accuracy of the information in
registration and profile data of customers as well as other content generated by customers.
(5) Claims for damages are limited to the foreseeable, contract-typical damage. In the
event of default, the maximum liability is 5% of the order value.
(6) Claims for damages based on injury to life, body or health
expire after 30 years; all other claims for damages expire after one
year. The limitation period begins at the end of the year in which the claim arose and
the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor
or should have become aware without gross negligence (§ 199 para. 1 BGB).
(7) The provider is entitled to check texts created by customers and uploaded files for
compliance with legal regulations and legal provisions. In the event of
violations, the provider reserves the right to remove these contents in whole or in part, if necessary.
(8) The liability under the Product Liability Act remains unaffected.
§ 14 Data Protection
(1) The collection and processing of personal data takes place in accordance with the applicable
data protection regulations. The provider undertakes to treat customer data confidentially
and not to pass it on to third parties, unless the customer has expressly consented
or there is a legal obligation.
(2) The customer has the right to receive information about his stored data at any time free of charge
as well as to request their correction, deletion or restriction of processing.
(3) Further information on data protection can be found in the provider's privacy policy.
§ 15 Set-off and Right of Retention
(1) The customer is only entitled to set off if his counterclaim is legally
established or undisputed by the provider.
(2) The customer can only exercise a right of retention insofar as his counterclaim is based on
the same contractual relationship.
§ 16 Special features for digital products and services
(1) Digital products are usually made available to the customer via download or e-mail
. After receipt of payment, the customer receives the corresponding access data or
download links.
(2) The statutory warranty rights apply to digital products. In the event of a defect, the
customer has the right to supplementary performance, i.e. rectification of the defect or delivery of a
defect-free product.
(3) The customer must ensure that the technical requirements for receiving and
using the digital products are met. The provider assumes no liability for disruptions
or damage caused by a lack of technical requirements on the customer's side.
(4) For services that are not provided in the form of physical products or digital content,
the statutory provisions on service contract law (§§ 611 et seq. BGB) apply.
(5) The customer undertakes to provide all necessary cooperation in a timely and complete manner
in connection with the use of services. If the customer
fails to comply with this obligation, the provider may charge for the additional effort incurred
.
§ 17 Rights of Use for Digital Content
(1) With the purchase of a digital product, the customer receives a simple, non-transferable, unlimited right of use
for the acquired content, unless otherwise agreed
.
(2) The customer is not entitled to reproduce, distribute or make the digital content publicly
available, unless this is expressly permitted by contract.
(3) All copyrights remain with the provider or the respective rights holder.
§ 18 User Account
(1) The customer is obliged to provide complete and truthful information
when registering and creating the user account. The customer must store his access data (username and
password) securely and protect it from access by third parties. The provider is not liable for
damages resulting from the misuse of access data, unless the provider is responsible for the misuse
. The customer may only create one user account. Multiple registrations are
not permitted and may lead to the blocking or deletion of user accounts.
(2) The customer is obliged to update changes to his personal data, in particular contact and
payment data, immediately in the user account. The customer is responsible for all
activities carried out under his user account, unless he is not responsible for the misuse of his account
.
(3) The provider reserves the right to block or delete the user account if there are
indications of abusive use, the customer violates these GTC or
the customer has provided incorrect information during registration. The customer can request the
deletion of his user account at any time. The provider will delete the user account and all associated
data immediately, unless there are legal retention obligations
. After deletion of the user account, the customer can only create a new user account by re-registering
.
(4) The provider strives to ensure high availability of the user account. Temporary
restrictions or interruptions due to technical maintenance work or
unforeseeable events (e.g. force majeure) cannot be excluded. The
provider is not liable for damages resulting from a temporary unavailability of the
user account, unless the provider is responsible for the unavailability.
(5) The provider reserves the right to change, extend or restrict
functions and content of the user account at any time. Changes to this clause will be communicated to the customer
by e-mail at least four weeks before they come into force. If the customer does not object to the
changes within four weeks of receipt of the change notification, the
changes are deemed to have been accepted. The provider will specifically inform the customer of this legal consequence in the
change notification.
§ 19 Changes to the GTC
(1) The provider reserves the right to change these GTC at any time with effect for the future
.
(2) The changes will be communicated to the customer by e-mail at least four weeks before they come into force
.
(3) If the customer does not object to the changes within four weeks of receipt of the
change notification, the changes are deemed to have been accepted. The provider will specifically inform the customer of
this legal consequence in the change notification.
§ 20 Force Majeure
(1) Events of force majeure that significantly hinder or make impossible the delivery by the provider
entitle the provider to postpone the delivery for the duration of the hindrance
or to withdraw from the contract in whole or in part for the still unfulfilled part.
(2) Force majeure includes all events that are beyond the control of the provider
and whose occurrence was not foreseeable at the time of conclusion of the contract, such as
natural disasters, war, terrorist attacks, import and export bans, strikes, official
orders or other serious operational disruptions without fault of the provider.
§ 21 Transfer of Contract
(1) The provider is entitled to transfer its rights and
obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks.
(2) In this case, the customer has the right to terminate the contract with immediate effect
.
§ 22 Applicable Law and Jurisdiction
(1) For all legal relationships between the provider and the customer, the law of the
Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this
choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state
of the consumer's habitual residence is not withdrawn.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law,
the exclusive place of jurisdiction for all disputes arising from this contract is the
provider's registered office.
§ 23 Online Dispute Resolution and Participation in a Conciliation Procedure
The European Commission provides a platform for online dispute resolution (OS), which can be accessed at
https://www.ec.europa.eu/consumers/odr. The provider is neither obliged
nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, the provider always strives to resolve any
differences of opinion arising from a contract amicably.
§ 24 Final Provisions
(1) The contract language is German.
(2) The provider does not offer products or services for purchase by minors.
Products for children can only be purchased by adults. Persons under 18 years of age may
only use the website with the involvement of a parent or guardian.
(3) Should individual provisions of these GTC be or become invalid or unenforceable after
conclusion of the contract, the validity of the remaining
provisions remains unaffected. The invalid or unenforceable provision shall be replaced by
a valid and enforceable provision whose effects come closest to the economic
objective that the contracting parties pursued with the invalid or
unenforceable provision.
(4) Amendments or additions to these GTC require written form. This also applies to the
waiver of this written form requirement.
(5) The provider reserves the right to make changes to the website, regulations, conditions
including these GTC at any time. Your order will be subject to the sales
conditions, contract conditions and GTC that are in force at the time of your
order, unless a change to these conditions is required by law or by
official order (in which case they also apply to orders you have
previously placed).
(6) There are no verbal ancillary agreements. Amendments or additions to this agreement
require written form.