General Terms and Conditions

The following General Terms and Conditions (GTC) govern the sale of products
by Benjamin Senay, Rheingaustraße 6, 12161 Berlin, email: office@yomera.de, hereinafter referred to as
“Provider” refers to the online shop at www.yomera.de.

§ 1 Scope of application

(1) These terms and conditions apply to all contracts concluded between the provider and both private customers (in
in the sense of § 13 BGB) as well as business customers (in the sense of § 14 BGB) via the online shop at
www.yomera.de will be concluded.

(2) Deviating terms and conditions of the customer do not apply unless the
provider expressly agrees to their validity in writing.

(3) The range of offered products 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) The offers are exclusively directed 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
a request to submit an order. The customer makes a binding offer by

the customer goes through the ordering process and clicks the "order now" button at the end. The receipt of the
The order is confirmed by an automatic email, which, however, does not yet constitute acceptance of the

offer. The purchase contract is only concluded through an explicit acceptance confirmation via E-
email or through the dispatch of the goods.

(6) Orders that exceed household quantities require the express
provider's consent. This applies to both the quantity of products ordered within a
Order as well as placing multiple orders of the same product.

(7) The order data will be stored after the contract is concluded and can be accessed in the customer login.
can be viewed.

(8) The customer agrees to receive invoices exclusively in electronic form.
Electronic invoices are provided via email or in the customer account.

§ 3 Right of withdrawal

(1) Withdrawal information for private customers

The customer has the right to withdraw from the contract within fourteen days without giving any reasons.
withdraws.

The withdrawal period is fourteen days from the day the customer or a person designated by them
Third party, who is not the carrier, has taken possession of the last item.

To exercise the right of withdrawal, the customer must inform the provider, Benjamin Senay, Rheingaustraße

6, 12161 Berlin by means of a clear declaration (e.g., a letter sent by post or an E-
by mail) inform about their decision to withdraw from the contract. The customer can use the

can use the attached sample withdrawal form, which is not mandatory.

To meet the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the
sends the withdrawal right before the withdrawal period expires.

(2) Consequences of Withdrawal

If the customer withdraws from the contract, the provider must refund all payments received from the customer
has, including the delivery costs (except for additional costs resulting from
that the customer has chosen a different type of delivery than the cheapest one offered by the provider
standard delivery chosen), immediately and no later than fourteen days from the day
to refund, on which the notification of the withdrawal from this contract was received by the provider
is. For this refund, the provider will use the same payment method that the customer used for the
original transaction used, unless expressly stated otherwise
agreed; in no case will the customer be charged fees for this refund. The
The provider may refuse the refund until they have received the goods back or until the customer
has provided proof that they have returned the goods, depending on which is earlier
point in time.

The customer must return the goods immediately and in any case no later than fourteen days from the
day on which they inform the provider of the withdrawal from this contract, to return or
is met. The deadline is met if the customer returns the goods before the expiration of the fourteen-day period
sends.

The customer bears the costs of returning the goods.

The customer is only liable for any loss in value of the goods if this loss in value
not for the examination of the nature, characteristics, and functioning of the goods
is due to the necessary handling of them.

Sample Withdrawal Form

If the customer wishes to withdraw from the contract, they can fill out this form and
return:
Benjamin Senay, Rheingaustraße 6, 12161 Berlin

Hereby I/we withdraw from the contract concluded by me/us regarding:
- the purchase of the following goods/services:

- Ordered on/received on:
- Name of the consumer(s):
- Address of the consumer(s):
- Date:
- Signature of the consumer(s) (only for notification in paper):

________________________________

(3) Right of Withdrawal for Business Customers

Business customers (within the meaning of § 14 BGB) have no statutory right of withdrawal. Contracts with
Business customers are binding and can only be canceled according to legal provisions or
can be canceled under the contractually agreed conditions.

§ 4 Exclusion of the Right of Withdrawal

The right of withdrawal does not exist for contracts for the delivery of goods that are not pre-manufactured.
and for whose production an individual selection or determination by the consumer
is significant or that are clearly tailored to the personal needs of the consumer
are not applicable. There is also no right for goods that may spoil quickly or whose expiration date
would be quickly exceeded. Also, goods that were delivered sealed and for reasons of
health protection or hygiene is not suitable for return if their seal
that have been unsealed after delivery are excluded from the right of withdrawal. Furthermore, the
Right of withdrawal does not apply to goods that, due to their nature, are inseparably mixed after delivery
other goods have been mixed. Finally, goods in sealed packaging, whose
Sealed goods that have been unsealed after delivery, such as CDs, DVDs, or software, are excluded from the
Right of withdrawal excluded.

§ 5 Prices and Shipping Costs

(1) All stated prices include the statutory value-added tax.

(2) The prices stated are exclusive of the respective shipping costs. From a
For an order value of €79, delivery is free of charge.

(3) It may happen that products in the online shop are accidentally listed with an incorrect price
are outstanding. In such a case, the provider will inform the customer before shipping the goods
contact to inform him that the actual price is higher and ask him if he wants to proceed with the
If the correct price is to be purchased at the correct price or the order is to be canceled. Should the correct price
of a product may be lower than the stated price, the provider will charge the lower amount
calculate and send the product.

(4) The prices stated at the time of the order apply. If list prices are available
are valid, 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.
are incurred, which are charged as soon as the package reaches the destination. These additional fees
must be borne by the customer; the provider has no influence on these fees. Since the
Customs regulations vary from country to country, so the customer should contact their local customs authority
contact for further information.

(2) For orders from abroad outside the European Union, the customer is regarded as
The importer is considered and must comply with all laws and regulations of the country in which he
products received. The provider points out that cross-border deliveries are subject to the opening
and may be subject to 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 by means of
pay for the payment methods specified in the online shop.

PayPal: After completing the order, the customer will be redirected to PayPal, where they

can initiate payment. The shipment will occur after payment confirmation.

The customer enters their Maestro card details during the ordering process. The debit
will occur after the goods are shipped.

Credit card: The customer enters their credit card details during the ordering process. The
debit will occur after the goods are shipped.

Klarna: The customer can pay via Klarna on account or in installments. The
Payment terms are specified by Klarna.

Gift card: The customer can pay the invoice amount with a valid gift card from the
the provider's payment. The shipment will occur after payment confirmation.

Apple Pay: The customer enters their Apple Pay details during the ordering process and confirms
the payment via Apple Pay. The debit will occur after the goods are shipped.

Google Pay: The customer enters their Google Pay details during the ordering process and
confirms the payment via Google Pay. The debit will occur after the goods are shipped.

With the shipment of the goods, the invoice will be sent by email or, if no email address is provided,
sent by post to the specified billing address.

If the customer is in default of payment or a chargeback occurs, the provider is entitled to
to claim default damages (e.g., reminder fees, default interest, chargeback fees).

Payment by sending cash or checks is not possible.

§ 8 Retention of Title

The delivered goods remain the property of the provider until the purchase price has been paid in full.
provider.

The customer is obliged to handle the goods with care during the retention of title. He
has in particular all necessary maintenance and inspection work carried out in a timely manner at its own expense.
to be carried out.

The customer must notify the provider in writing without delay if the goods are seized.
or is exposed to other third-party interventions, so that the provider can file a lawsuit according to § 771 ZPO
can. If the third party is unable to provide the provider with the judicial and extrajudicial
to reimburse the costs of a lawsuit according to § 771 ZPO, the customer is liable for the
resulting loss.

§ 9 Delivery, Cancellation, and Shipping

The delivery time is, unless otherwise stated in the offer, expected to be 5 working days.
The provider strives to adhere to the specified delivery times. If delivery deadlines cannot
can be met, the customer will be informed immediately and any payments already made
will be refunded.

Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.
within Germany. Information on the availability of products can be found on the provider's website.
to be found. All information on availability, shipping or delivery times is non-binding unless
they are expressly marked as binding.

If it is determined during the processing of the order that the ordered products
if they are not available, the customer will be informed immediately by email or message in the customer account.
informed. The customer's statutory rights remain unaffected.

Delivery will take place depending on the payment method chosen by the customer. In advance, delivery will take place
upon receipt of payment. For all other payment methods, delivery will take place after the conclusion of the contract.

If the order is to be shipped in multiple packages, the customer can request a
a separate shipping confirmation will be received. In this case, a separate purchase contract will be concluded for each shipping confirmation.
a separate purchase contract is concluded for the products listed in the respective shipping confirmation.

The customer can cancel their order free of charge until the goods are shipped. After the
cancellation is only possible in accordance with the regulations on the right of withdrawal.

Partial deliveries are permissible as long as they are reasonable for the customer. Additional shipping costs
arise only by express agreement.

If the delivery of the goods fails due to the fault of the customer, the provider reserves the right
the provider reserves the right to withdraw from the contract. Any payments made will be refunded to the
will be refunded to the customer immediately.

If the provider is unable to deliver the ordered goods through no fault of their own because
if the supplier of the provider does not fulfill its contractual obligations, the provider is entitled to
entitled to withdraw. In this case, the customer will be informed immediately and any payments made will be refunded.
payments will be refunded.

If the delivery of the ordered products is hindered by force majeure or other unforeseeable
extraordinary and unavoidable circumstances - such as natural disasters, war, strikes or
government measures - delayed or impossible, the delivery times will be extended
appropriately. The provider will inform the customer immediately about the unavailability. In
in these cases, the provider is entitled to withdraw from the contract. The customer will be informed about the
the customer will be informed immediately of the withdrawal and any payments made will be refunded.

The provider is not liable for delays in delivery caused by circumstances
were caused by circumstances beyond their control (force majeure). In such a case, the
the customer will be informed immediately and a new delivery date will be agreed upon.

§ 10 Transport Damage

If you receive the goods with obvious transport damage, please report such
Please report errors immediately to the delivery person and contact us without delay.

(2) The failure to make a complaint or contact has no consequences for your statutory
Warranty rights have no consequences. However, they help us assert our own claims

to assert against the carrier or transport insurance.

§ 11 Warranty

(1) Warranty for private customers
If the customer is a consumer, the warranty is governed by the statutory provisions.
Consumers in the EU have, in addition to their 30-day return guarantee, a statutory
Warranty rights of two years from the delivery of the goods.

(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 is remedied by replacement or repair.
The provider may choose whether the subsequent performance is carried out by remedying the defect or delivering a
defect-free goods. For business customers, the limitation period is one year. This
The limitation does not apply to claims for damages based on injury to life, body, or
health, as well as in cases 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 the statutory provisions.

(2) The provider's liability for contractual breaches and tort is limited to intent and
gross negligence is limited. This limitation of liability does not apply in cases of injury to life,
body and health of the customer, in claims due to violation of essential
contractual obligations (cardinal obligations) and for compensation of default damages according to § 286 BGB. In this respect
the provider is liable for every degree of fault.

(3) In the case of slight negligent breaches of essential contractual obligations (cardinal duties), liability

of the provider is limited to the typically foreseeable damage. Essential
Contractual obligations are those whose fulfillment is necessary to achieve the contractual goal and
whose compliance the customer can regularly rely on.

(4) The aforementioned exclusion of liability also applies to slight negligent breaches of
legal representatives or agents of the provider.

(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, typical contractual damage. In
In the event of default, the maximum liability is 5% of the order value.

(7) Claims for damages based on injury to life, body, or health
are based on, expire after 30 years; all other claims for damages expire after two
years. The limitation period begins at the end of the year in which the claim arose
and the creditor is aware of the circumstances giving rise to the claim and the person of
the debtor has obtained or should have obtained without gross negligence (§ 199 Abs. 1 BGB).

(8) The provider is entitled to review texts and uploaded files created by customers
to check compliance with legal regulations and legal provisions. In case of
In case of violations, the provider reserves the right to remove this content in whole or in part.

(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 and tort is limited to intent and
gross negligence is limited. This limitation of liability does not apply in cases of injury to life,
body and health of the customer, in claims due to violation of essential
contractual obligations (cardinal obligations) and for compensation of default damages according to § 286 BGB. In this respect

the provider is liable for every degree of fault.

(2) In the case of slight negligent violation of essential contractual obligations (cardinal obligations), liability
of the provider is limited to the typically foreseeable damage. Essential
Contractual obligations are those whose fulfillment is necessary to achieve the contractual goal and
whose compliance the customer can regularly rely on.

(3) The aforementioned disclaimer of liability also applies to slight negligent breaches of duty by
legal representatives or agents of the provider.

(4) The provider assumes no responsibility for the content and accuracy of the information provided.
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
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
are based on, expire after 30 years; all other claims for damages expire after a
year. The limitation period begins at the end of the year in which the claim arose and
the creditor is aware of the circumstances giving rise to the claim and the identity of the debtor.
has obtained or should have obtained without gross negligence (§ 199 Abs. 1 BGB).

(7) The provider is entitled to review texts created by customers and uploaded files.
to check compliance with legal regulations and legal provisions. In case of
In case of violations, the provider reserves the right to remove this content in whole or in part.

(8) Liability under the Product Liability Act remains unaffected.

§ 14 Data Protection

(1) The collection and processing of personal data is carried out in accordance with applicable laws.
Data protection regulations. The provider commits to treating customer data confidentially.
to handle and not to disclose to third parties, unless the customer has expressly consented.

or there is a legal obligation.

(2) The customer has the right to request information free of charge at any time about the data stored about them.
to obtain and to request correction, deletion, or restriction of processing.

(3) Further information on data protection can be found in the provider's privacy policy.

§ 15 Offset and Right of Retention

(1) The customer is only entitled to offset if their counterclaim is legally valid.
established or undisputed by the provider.

(2) The customer may only exercise a right of retention to the extent that his counterclaim is based on
is based on the same contractual relationship.

§ 16 Special Features of Digital Products and Services

(1) Digital products are usually made available to the customer via download or by email.
provided. 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 customer has the right to subsequent performance, i.e., elimination of the defect or delivery of a
defect-free products are met.

(3) The customer must ensure that the technical requirements for receiving and
for disturbances in the use of the digital products. The provider assumes no liability for disturbances
or damages resulting from insufficient technical requirements on the part of the customer.

(4) For services that are not provided in the form of physical products or digital content
apply, the statutory provisions for service contracts (§§ 611 ff. BGB) shall apply.

(5) The customer agrees to provide all necessary cooperation actions when using services.
to provide the necessary cooperation actions in a timely and complete manner. If the customer
if the customer fails to comply with this obligation, the provider may charge for the additional effort incurred.
issue an invoice.

§ 17 Rights of Use for Digital Content

(1) The customer receives a simple, non-transferable, time-limited right of use for the digital product upon purchase.
unlimited right of use for the acquired content, unless otherwise agreed.
agreed.

(2) The customer is not entitled to reproduce, distribute, or publicly display the digital content.
to make it accessible, 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 accurate information when registering and creating the user account.
and to provide truthful information. The customer must keep his access data (username and
to keep (password) secure and protect it from third-party access. The provider is not liable for
damages resulting from the misuse of access data, provided that the provider is not responsible for the misuse
not to be held responsible. The customer may only create one user account. Multiple registrations are
not permitted and may lead to the suspension or deletion of user accounts.

(2) The customer is obliged to update his personal data, especially contact and
payment data to update immediately in the user account. The customer is responsible for all
responsible for activities carried out under his user account, unless he has
not to be held responsible for the misuse of his account.

(3) Der Anbieter behält sich das Recht vor, das Benutzerkonto zu sperren oder zu löschen, wenn
Anhaltspunkte für eine missbräuchliche Nutzung vorliegen, der Kunde gegen diese AGB verstößt oder

(3) The provider reserves the right to suspend or delete the user account if
If there are indications of abusive use, the customer violates these terms and conditions or
The customer can request the deletion of his user account at any time if the customer has provided incorrect information during registration. The customer can request the deletion of his user account at any time.
request the deletion of his user account. The provider will immediately delete the user account and all associated data, unless there are legal retention obligations.
contradict. After the deletion of the user account, the customer can only do so by re-registering.

create a new user account.
(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
The provider is not liable for damages caused by a temporary unavailability of the user account,

(5) The provider reserves the right to change the functions and content of the user account at any time.
to change, expand, or restrict. Changes to this clause will be communicated to the customer
will be communicated to the customer at least four weeks before they take effect via email. If the customer objects to the
If the customer does not object to the changes within four weeks of receiving the amendment notice, the
Changes are considered accepted. The provider will inform the customer of this legal consequence in the
specifically point out this amendment notice.

§ 19 Changes to the Terms and Conditions

(1) The provider reserves the right to change these terms and conditions at any time with effect for the future.

(2) The changes will be communicated to the customer at least four weeks before they take effect via email.
notification.

(3) If the customer does not object to the changes within four weeks of receiving the
Amendment notice, the changes are considered accepted. The provider will inform the customer of
specifically point out this legal consequence in the amendment notice.

§ 20 Force Majeure

(1) Events of force majeure that significantly hinder or make delivery impossible for the provider
entitle the provider to postpone delivery for the duration of the hindrance
or to withdraw from the contract in whole or in part due to the unfulfilled part.

(2) Force majeure includes all events that are outside the provider's control
and their occurrence was not foreseeable at the time of the contract conclusion, such as
Natural disasters, war, terrorist attacks, import and export bans, strikes, official
Orders or other serious operational disruptions not caused by the provider.

§ 21 Contract Assignment

(1) The provider is entitled to withdraw from the contract in whole or in part with a notice period of four weeks.
to transfer obligations from this contractual relationship in whole or in part to a third party.

(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, excluding the UN Sales Law. For consumers, this applies
choice of law only to the extent that it does not deprive the mandatory provisions of the law of the
the protection granted to the consumer's habitual residence is not withdrawn.

(2) If the customer is a merchant, a legal entity under public law, or a public-law
special assets, the exclusive place of jurisdiction for all disputes arising from this contract is the
registered office of the provider.

§ 23 Online dispute resolution and participation in an arbitration procedure

The European Commission provides a platform for online dispute resolution (ODR), which can be found at
https://www.ec.europa.eu/consumers/odr erreichbar ist. Zur Teilnahme an einem

dispute resolution procedure before a consumer arbitration board, the provider is neither obliged
still ready. Nevertheless, the provider is always striving to resolve any disputes arising from a
to amicably settle the contract.

§ 24 Final provisions

(1) The language of the contract 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 are not
the website may only be used with the involvement of a parent or legal guardian.

(3) Should individual provisions of these GTC be ineffective or unfeasible or after
contract conclusion becomes ineffective or unfeasible, the validity of the remaining
provisions remain unaffected. Instead of the ineffective or unfeasible provision, the
the effective and feasible regulation whose effects correspond to the economic
objective closest to that which the contracting parties intended with the ineffective or
unfeasible provision pursued.

(4) Changes 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, rules, conditions
to be made at any time, including these GTC. Your order is subject to the
sales conditions, contractual conditions, and GTC applicable at the time of your
are in effect, unless a change to these conditions is legally or
official order required (in this case, they also apply to orders that
you have made previously).

(6) Oral side agreements do not exist. Changes or additions to this agreement
require written form.