All deliveries and services provided by Yukatel GmbH are subject exclusively to these General Terms and Conditions. Any deviating and/or supplementary agreements shall require the express prior consent of Yukatel GmbH and must be made in writing. This shall also apply to any waiver of the written form requirement.

2.

Yukatel GmbH shall make reasonable efforts to comply with agreed or stated delivery times. If such delivery times are exceeded by more than four (4) weeks, the customer shall be entitled to withdraw from the contract by written notice. In the event that the purchaser claims damages for non-performance due to delay or impossibility of performance, such claims shall, in cases of slight negligence, be limited to a maximum of five percent (5%) of the purchase price and shall cover only direct damages. In particular, compensation for loss of profit or any other indirect or consequential damages is excluded. Any further claims by the purchaser – in particular claims for performance or delivery – are excluded. All offers are subject to change and non-binding and shall apply only while stocks last. Errors and misprints excepted.

3.

The risk shall pass to the customer as soon as the goods have been handed over to the carrier and have left the warehouse. This shall also apply if Yukatel GmbH has assumed the transportation costs. Any complaints regarding transport damage must be asserted by the customer directly against the carrier within the applicable time limits. For shipments sent by the customer to Yukatel GmbH, the customer shall bear all risks, in particular the transport risk, until the goods have arrived at Yukatel GmbH at Yuka-Platz 1, 63303 Dreieich, Germany.

4.

Invoices issued by Yukatel GmbH shall be due for payment immediately and without any deduction. From the 30th day after the invoice date, Yukatel GmbH shall be entitled to charge default interest at the statutory rate above the applicable base interest rate, unless Yukatel GmbH proves a higher damage caused by default or the purchaser proves a lower burden on Yukatel GmbH, without the need for a prior reminder. Cheques shall be accepted for collection purposes only. Any associated charges or fees shall be borne by the customer. Set-off shall only be permitted with claims that are undisputed or have been finally adjudicated by a court of law. The customer may only exercise a right of retention insofar as it is based on the same contractual relationship.

5.

Complaints regarding the scope of delivery, material defects, incorrect deliveries, and quantity deviations must be submitted in writing without undue delay, and at the latest within one (1) week after receipt of the goods, insofar as such defects are detectable by reasonable inspection. In the event of justified complaints, Yukatel GmbH shall subsequently deliver any missing quantities and, at its discretion and subject to statutory exclusions, either replace the goods, accept their return, or grant the purchaser a price reduction. If, in the case of replacement, the second replacement delivery is also defective, the purchaser shall be entitled to rescission of the contract or a reduction of the purchase price. Warranty claims for defects in devices shall be limited to repair. In the event of rescission, the device shall be taken back with a deduction for use, or at the time value of the device as specified by the manufacturer or the market. If the customer exercises a right of withdrawal pursuant to Section 3 of the German Distance Selling Act (Fernabsatzgesetz), the customer shall bear the costs of return shipment for orders up to an amount of EUR 40, unless the delivered goods do not correspond to the goods ordered. Software is excluded from exchange. Goods delivered by Yukatel GmbH shall only be taken back with the prior written consent of Yukatel GmbH. The goods must be in perfect condition, in their original packaging, and complete (including complete and undamaged original packaging, accessories, operating instructions, and all packaging materials). Returned goods shall be credited less a handling and restocking fee of 10% (at least EUR 15.00). Promotional items, special orders, and custom-made products are generally excluded from return.

6.
The purchased item shall remain the property of Yukatel GmbH until all claims to which Yukatel GmbH is entitled under the contract have been fully settled. The retention of title shall also apply to all claims that Yukatel GmbH subsequently acquires against the purchaser in connection with the purchased item, for example as a result of repairs or other services. During the period of retention of title, the purchaser shall be entitled to possession and to use the purchased item in accordance with the contract, provided that the purchaser duly fulfills its obligations arising from the retention of title and from the ongoing business relationship.

7.
Users registered with Yukatel shall receive, in addition to their customer number, login credentials that enable them to place orders directly with Yukatel online. The login credentials must be kept secure and confidential and must not be disclosed to third parties. The respective user shall be liable for any damages arising from the unauthorized use of their login credentials.

8.

Yukatel GmbH shall be entitled to collect, store, and process the personal data of the customer that is necessary in the context of the business relationship.

9.

The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. In place of any invalid provision, a new provision shall apply that comes as close as possible, in terms of its economic effect, to the invalid provision. The place of performance for contracts concluded under these General Terms and Conditions shall be Dreieich, Germany. If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), the Offenbach Local Court shall have exclusive jurisdiction – both in terms of subject matter and location – for all disputes arising from or in connection with the contract between Yukatel GmbH and the customer.