If possible, Yukatel GmbH will keep specified agreements to meet punctual delivery times.
If these are exceeded by more than four weeks, the customer has the right to withdraw the contract by means of a written declaration.
Should the buyer demand compensation for non-performance in the event of default or impossibility, this is limited to a maximum of 5% of the total purchase price in the event of slight negligence and only includes compensation for direct damage, i.e. in particular not compensation for lost profit or any other indirect damage. Further claims of the buyer – especially for delivery – are excluded. All offers are non-binding and apply while stocks last. Errors and misprints reserved.
The risk passes to the customer as soon as the goods have been handed over to the transport company and have left the warehouse. This also applies if Yukatel GmbH has assumed the transport costs. The customer must assert complaints about transport damage directly to the transport company within the deadlines provided. In case of shipments by the customer to Yukatel GmbH, the customer bears the full risk, in particular the transportation risk, until the goods arrive at Yukatel GmbH in Offenbach am Main.
Invoices from Yukatel GmbH are due immediately and payable without any deduction. From the 30th day after the invoice date, Yukatel GmbH is entitled to demand interest at the statutory rate above the base interest rate, unless Yukatel GmbH proves higher default interest or the buyer proves a lower burden on Yukatel GmbH, without the previous reminder is required.
Checks are only accepted on account of payment. Possible expenses are charged to the customer. A set-off is only permissible with undisputed claims or claims that have been legally established. The customer can only assert a right of retention if it is based on the same contractual relationship.
Complaints about scope of delivery, defects, incorrect deliveries, and quantity deviations must be made in writing immediately and no later than one week after receipt of the goods, insofar as these can be determined by reasonable examinations. In the case of justified complaints, Yukatel GmbH delivers the missing quantity of goods and, subject to exclusion, exchanges the goods at its own discretion, takes them back or grants the buyer a reduced price.
If the second replacement delivery is also defective, the buyer has the right to conversion or reduction. The guarantee for device defects is limited to rework. In the event of a conversion, the device will be taken back with compensation for its value in use or at the current value of the device specified by the manufacturer / market. If the customer exercises a right of withdrawal according to § 3 of the Distance Selling Act, he has to bear the costs of returning an order up to an amount of 40 euros, unless the goods delivered do not correspond to the goods ordered. Software cannot be exchanged!! Goods delivered by Yukatel GmbH will only be taken back with the prior written consent of Yukatel GmbH. The goods must be in perfect condition, in the original packaging and complete (complete, undamaged original packaging, accessories, operating instructions, complete packaging material, etc.). Goods taken back will be credited minus 10% (at least EUR 15) for processing and warehouse turnover costs. Special promotions, special orders and custom-made products are generally excluded from return.
The object of purchase remains the property of Yukatel GmbH until settlement regarding claims due to the contract. The retention of title also remains for all claims, that Yukatel GmbH subsequently acquired against the buyer in connection with the purchase item, e.g. B. due to repairs and other services.
For the duration of the retention of title, the buyer is entitled to possession and use the object of purchase in accordance with the contract, as long as he meets his obligations from the retention of title and his obligations from the business relationship in due time.
The users registered with Yukatel receive, in addition to their customer number, login data that enable them to place orders online directly at Yukatel. The login data must be kept carefully and under lock and key against third parties. The respective user is liable for any damage that may arise from unauthorized use of the login data.
Yukatel GmbH is entitled to collect, save, and process the customer’s personal data required in the context of the business relationship
The ineffectiveness of individual points of these general terms and conditions does not affect the effectiveness of the remaining regulations.
The ineffective provision will be replaced by a new provision that comes as close as possible to the ineffective regulations in terms of its economic impact.
The place of fulfillment and jurisdiction for contracts that have been concluded including these General Terms and Conditions is Offenbach am Main, provided the contractual partner is a trader.