1. Scope of application
For all orders via our online shop yogakonga.com by consumers and entrepreneurs the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that serve mainly private use and therefore can be assigned neither to his commercial nor his independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions of business, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Yoga Konga GmbH, Mainzer Str. 5, D-45145 Essen.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen:
We accept your order by sending an acceptance declaration in a separate email or by delivering the goods within two days.
When you place an order, you provide your credit card details and the credit card company carries out an authorization check. Once you have been identified as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when the order is placed. At the time of the credit card debit, the contract with us is concluded.
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons the contract text is no longer accessible via the Internet.
4. Terms of delivery
Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
We only deliver by dispatch. Unfortunately it is not possible to collect the goods yourself.
We do not deliver to packing stations.
In our shop the following payment methods are basically available to you:
When you place your order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
6. Right of withdrawal
Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and to give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect is one that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. Warranties and guarantees
The statutory law on liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer Service: You can reach our customer service for questions, complaints and objections on weekdays from to by email at firstname.lastname@example.org.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
. in case of injury to life, body or health
. in case of intentional or grossly negligent breach of duty
. in the case of guarantee promises, if agreed, or
. as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise claims for damages are excluded.
11. Dispute settlement
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court conciliation procedure before a consumer dispute resolution service. The responsible body is the General Consumer Conciliation Board of the Centre for Conciliation (Zentrum für Schlichtung e.V.), Strasburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
12. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Your Yoga Konga GmbH
Yoga Konga Ltd
Mainzer Str. 5
represented by the managing director: Luisa Konga
Commercial register: HR 30135 B
Register court: Essen local court