Terms of service

• 1 Scope, Definitions

(1) For the business relationship between the provider "Aerial Yoga Shop" (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The Customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur according to § 14 BGB is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

• 2 Conclusion of contract

(1) The customer can select from the assortment of the provider products, especially jewelry products, and add them to a so-called shopping cart by clicking the button "Add to Cart". Via the button "Order now" he makes a binding request for the purchase of goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. By clicking the button "Order Now", the customer agrees to the validity of the General Terms and Conditions and the provisions on the right of withdrawal.

(2) The Provider then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and the Customer can print it out. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the request. The contract is only concluded with the submission of the provider's declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to the customer by e-mail (contract confirmation). The contract text will be stored in compliance with data protection according to GDPR.

(3) The contract is concluded in German or English.

• 3 Delivery, availability of goods

(1) Delivery times stated by the supplier are calculated from the time of order confirmation, prior payment of the purchase price provided.

(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall inform the Customer of this in the respective product description on the website. It is possible to pre-order products. The stated delivery times for a pre-order may change. The customer will be informed about this.

• 4 Retention of title

(1) Until full payment, the delivered goods remain the property of the provider.

• 5 Prices and shipping costs

(1) All prices stated on the website of the provider are inclusive of the applicable statutory sales tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From an order value in the amount of 50-200 EUR, the provider delivers free of charge. The order value for free shipping can be changed by the provider at any time. The free shipping does not apply from a larger order quantity, which are combined with discounts or require more expensive package classes (over 2KG). If delivery by a forwarding agent is required, the Provider shall notify the Customer of this after receipt of the order and inform the Customer of the amount of the forwarding agent's costs. Only when the customer has agreed, the provider sends the order confirmation.

(3) Shipping risk is borne by the provider if the customer is a consumer.

(4) In the event of a revocation, the Customer shall bear the direct costs of the return shipment. Deviating from this, the customer shall not bear any shipping costs if the ordered goods have been delivered incorrectly or defective.

• 6 Payment options

(1) The customer can make payment via Paypal, SofortÜberweisung (Klarna), purchase on account (Klarna) or credit card.

(2) The customer can change the payment method stored in his user account at any time.

(3) Purchase on account and financing via Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the purchase on account. Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.

(3.1) Klarna invoice

When buying on account with Klarna you get the goods first (exception for a pre-order. There, the specified delivery date applies) and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here:https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account

(4) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by delay by the provider.

• 7 Promotion vouchers

(1) Promotion coupons for goods can be redeemed for all products that can be ordered on the Aerial Yoga Shop website, unless the redemption of Aerial Yoga Shop coupons is excluded on the campaign overview or on the product overview page or the order is placed via the third-party website; this is explicitly stated in both cases.

(2) The purchase price of the products ordered must be at least equal to the value of the coupon, unless otherwise specified at the time the coupon is issued. Vendor's coupons for freight charges may be redeemed for shipping charges incurred when ordering products from the Aerial Yoga Shop website, unless coupon redemption has been excluded on the campaign summary or product summary, or the order is not from a third party website.

(3) Campaign Vouchers are provided in the form of codes that are provided to the customer in person. Normally, codes expire once they have been used. The period of validity and / or minimum order value or other conditions are determined by the provider and announced in the context of the corresponding promotion. In this case, the minimum order value refers to the purchase price including VAT. Shipping costs are not taken into account.

(4) Only one voucher can be used per order. Several vouchers cannot be combined. If the customer cancels the purchase of an item for which a coupon was used, the coupon amount will not be refunded and the coupon cannot be used again. This does not apply if the customer received the coupon in exchange for payment directly from Aerial Yoga Shop. Customer cannot purchase a Coupon with a Coupon that was not purchased directly against a monetary payment.

(5) Coupons cannot be paid in cash or earn interest. Coupons are issued personally and cannot be transferred to third parties. If the Provider learns about the transfer of a coupon, the Provider reserves the right to declare the corresponding coupon invalid. If the Provider has indicated that the coupon is valid only for new customers, such coupon will be issued only when a person registers with Aerial Yoga Shop for the first time. Except in the event of loss of a Coupon, for which the Provider shall be responsible, the Provider shall not be liable for any loss or theft of a Coupon. Replacement vouchers will only be issued if the Provider is liable for the loss of the voucher. The Shop Terms and Conditions may contain further conditions or restrictions on the redemption of promotional coupons. Alternatively, such conditions or restrictions may be stated when the coupon is issued.

• 8 Warranty for material defects, guarantee

(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.

(2) If the Customer is an entrepreneur, for the purpose of preserving the Customer's claims for defects, defects must be reported to the Provider in writing without delay, at the latest, however, within two weeks after delivery. The defective items are to be kept ready for inspection by the provider in the condition in which they are at the time the defect is discovered.

(3) An additional warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.

• 9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

• 10 Cancellation policy

(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the Provider informs about below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Aerial Yoga Shop, Janika Staats, Brüsseler Str. 17, 50674 Cologne, Tel.: +49 (0) 221 / 99989987, info@yogaluft.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

(1) If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods.

(2) The right of withdrawal does not apply to contracts for the supply 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.

(3) The provider informs about the model withdrawal form according to the legal regulation as follows:

Sample cancellation form

(If you want to revoke the contract, please fill out this form

and send it back).

- To

YOGALAXY c/o INVISOLUTION

Händelstr. 31

50674 Cologne

E-mail: info@yogaluft.de

Tel.: +49 (0) 221/99989987

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

concerning the purchase of the following goods (*)/

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in case of paper communication)

- Date(s)

(*) Please cross out where inapplicable

• 11 Data protection

(1) The customer agrees to the storage of personal data in the context of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the execution of the contract.

(2) Insofar as the customer transmits the data of third parties, the customer assures that he has obtained consent from the third party and releases the provider from any claims in this regard.

(3) The rights of the Customer or the party affected by the data processing result in particular from the following standards of the GDPR:

Article 7 (3) - Right to revoke consent under data protection law.

Article 15 - Right to information of the data subject, right to confirmation and provision of a copy of the personal data

Article 16 – Right to/of rectification

Article 17 - right of erasure ("right to be forgotten")

Article 18 - right of restriction of processing

Article 20 - right of data portability

Article 21 - right of object

Article 22 - right not to be subject to a decision based solely on automated processing, including profiling

Article 77 - Right to lodge a complaint with a supervisory authority.

(4) In order to exercise the rights, the Customer or the Data Subject is requested to contact the Provider by e-mail or, in the event of a complaint, the competent supervisory authority.

• 12 Dispute resolution

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

• 13 Final provisions

(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office in Cologne (Germany).

(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.

(4) In the event of any discrepancies between the German and English versions of the GTC, the German version shall prevail.

Status: 24.12.2020