Terms of service
§1 General
(1) You recognize these General Terms and Conditions as binding for the present contract. Any deviating agreement requires our express confirmation.
(2) You agree to receive electronic communication from us for contractual purposes, e.g. in the form of e-mails, and you also agree that the form for all consents and notifications is maintained by electronic communication, unless mandatory statutory provisions prescribe a different form.
(3) Furthermore, you waive the right to assert your own terms and conditions of purchase. These shall not become part of the contract through our silence or through our delivery.
(4) You also acknowledge that you cannot purchase goods from us for commercial resale.
§2 Conclusion of contract
(1) The presentations on our Internet pages are offers to conclude a purchase contract for our articles, which you accept at the end of the order process by clicking on the “Order with obligation to pay” button, with the result that a binding purchase contract is concluded for the articles selected by you.
(2) You can only order products with a maximum total value of €500 in one order.
(3) If you have a user account, we will save your orders for you to access at any time via your user account. If you do not have a user account and the order confirmation sent by us by email has been lost, you can also request your order details from us at any time.
(4) Your contractual partner is Tonpool Medien GmbH, represented by its managing director Kurt Erping, Matthias Martinsohn, Im Klint 12, 30938 Burgwedel; eMail: shop@yah-z.shop Phone: +49 (0)5139-98249-0.
§3 Revocation
You have a statutory right of revocation in accordance with § 312g para. 1 BGB if you are a consumer, as the purchase of goods on the Internet, as in the present case, is a so-called distance contract. You will receive separate instructions on the right of withdrawal and its consequences in text form when you place your order.
§4 Packaging and shipping
(1) Shipping is carried out in our name and on our behalf by our logistics partner OK Logistics GmbH & Co. KG, Itzehoer Straße 31-33, 24594 Hohenwestedt, Germany. Goods from any complaints and returns from the right of withdrawal listed under § 3 are also accepted exclusively here. Revocation declarations and complaints are to be sent to the following address: tonpool Medien GmbH, Im Klint 12, 30938 Burgwedel, eMail: shop@yah-z.shop.
(2) Unless otherwise agreed, delivery will be made to the address provided by you. We will ship the order after receipt of full payment - under normal circumstances, the order will arrive within 4 working days (Monday to Friday, excluding public holidays) after you have placed the payment order, if the delivery is made to a German address. For deliveries abroad, please allow for longer delivery times.
(3) Packaging is carried out in accordance with professional and commercial standards.
(4) You shall bear the costs for packaging and shipping in addition to the costs of the ordered goods. These costs are expressly stated in the order overview before the order is placed. In the case of partial deliveries, the packaging and shipping costs will only be charged once. We shall determine the transport route and means of transportation, unless a special shipping method has been expressly agreed. As a rule, shipping is carried out by DHL.
(5) If it is not possible to deliver the goods ordered by you to you or a person ready to receive them at the address specified by you, DHL will return the goods to us after another attempt. DHL will incur additional costs for this. You will only have to bear these costs and the costs of resending the goods, which will be charged at a flat rate of € 9.50, if the failed delivery is due to reasons for which you are responsible, e.g. because you have provided an incorrect address, the goods could not be delivered repeatedly due to your absence or the absence of a person ready to receive them, etc.).
(6) Orders for delivery outside the European Union may be subject to import duties and taxes, which are levied once the shipment reaches the specified destination. Import duties and taxes as well as any additional fees for customs clearance shall be borne by you in addition to the costs charged by us for packaging and shipping and should be requested by you from the local customs authority.
(7) In the event of justified complaints or timely revocation of the order, you can generate a DHL return slip to cover the costs of the return shipment. After checking your shipping details, you can download the return slip, print it out and stick it on the parcel. Then all you have to do is hand in the parcel at a DHL station or branch of your choice. As soon as the return shipment has arrived at our shipping partner OK Logistics GmbH & Co. KG, we will refund you the purchase price plus shipping costs, provided you return all the goods that you ordered with the order in question. If you only partially cancel an order, we will not refund the shipping costs.
§5 Payment
(1) Our prices are quoted in euros (€) and include statutory VAT. The statutory sales tax is 7% for books and 19% for all other items.
(2) Payment is only possible by Paypal, by Klarna SOFORT bank transfer or by Klarna invoice purchase. Cash on delivery is not possible. None of the possible payment methods will incur any further costs for you on our part.
The goods will only be dispatched once we have received payment.
In order to use PayPal as a payment method, you must first register with PayPal if you are not yet a PayPal customer. Registration is free of charge. PayPal offers you buyer protection and refunds you the full purchase price and shipping costs if the goods have not been sent or do not correspond to the description. You can find more information here: https://www.paypal.com/de/webapps/mpp/privatkunde
The Klarna SOFORT bank transfer works on the basis of online banking. You do not need to register or create a virtual account. It is a direct bank transfer. Simply select SOFORT Überweisung as the payment option when making your purchase. You will then be automatically redirected to the secure payment form. The transfer data will be transferred automatically, you only need to enter your bank's sort code and your usual online banking access data and then approve the transfer with a TAN. The data is transmitted to your online banking account in encrypted form. We receive a real-time confirmation that your transfer has been set up in your online banking. You can find more information about Klarna SOFORT here: https://www.klarna.com/sofort/
If you choose Klarna Invoice Purchase, you pay with a due date 14 days after the goods, tickets or, in the case of other services, the time of availability of the services or digital content have been dispatched. With this payment method, we assign our claim against you from your purchase to Klarna Bank AB, which pays us. During checkout, you will be redirected from our site to the Klarna site. There you will receive further explanations from Klarna. Klarna will send you a payment instruction and you will pay your order directly to Klarna. Contact details and further information about Klarna purchase on account can be found here: https://www.klarna.com/de/kundenservice/wie-funktioniert-der-kauf-auf-rechnung-mit-klarna/
The goods will only be dispatched once we have received payment.
§6 Liability for defects
(1) You are entitled to the statutory claims from the German Civil Code with regard to defects in the purchased item. If there is a defect in the purchased item, you can first demand subsequent performance = the delivery of a defect-free purchased item. You will return the defective item to us at our expense. If the supplementary performance fails, you can either reduce the purchase price according to the defect or withdraw from the contract completely.
(2) We expressly point out that due to your individual monitor settings, there may be deviations in the color reproduction of the products in the store in relation to the purchased item delivered to you later. This does not constitute a defect that triggers warranty rights.
(3) If you are a merchant within the meaning of the German Commercial Code (HGB), the special obligation to give notice of defects in commercial transactions according to §§ 377, 378 HGB remains unaffected.
§7 Retention and offsetting
(1) You may only assert a right of retention against us with regard to the purchase price if it is based on the same contractual relationship, i.e. from the same order. You are only entitled to offset your own claims against us if we have recognized the counterclaim or if it has been legally established.
(2) If you are a merchant within the meaning of the German Commercial Code (HGB), your rights of retention are excluded.
§8 Section Effectiveness
The ineffectiveness of one or more clauses of these General Terms and Conditions shall not affect the effectiveness of the remainder of the contract. The parties are obliged to replace the invalid provision retroactively with a valid provision that comes closest to the economic purpose of the invalid provision.
§9 Miscellaneous
(1) All agreements with us are subject to German law. However, this shall not apply if a consumer domiciled abroad places an order with us and the above choice of law would deprive him of the protection afforded to him by the provisions of the country in which he is domiciled. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
(2) Our registered office is the place of performance for all rights and obligations arising from the business relationship.
(3) If you are a merchant within the meaning of the German Commercial Code (HGB), the exclusive jurisdiction of the court at our registered office is agreed for all disputes arising from the contract.
(4) You can access the European Commission's online dispute resolution platform at: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.