TERMS AND CONDITIONS
1. Coverage and Terminology
For the business relationship between Malu Lopez, www.yinkana.net (subsequently referred to: "YINKANA") and the customer (subsequently referred to: "customer"), the following terms and conditions in the version valid at the time of the order apply exclusively. You can look up or save these terms and conditions at anytime by selecting “Terms and Conditions“ in the menu on www.yinkana.net
A valid contract is agreed via http://www.yinkana.net in the following manner:
The customer can chose items on http://www.yinkana.net by selecting ”shop“ in the menu, and request buying these products by using the button „Cart“. Before making the order effective by clicking „Finish Order“ in step 3 of the order process, the customers can check, change and delete their data at anytime. All orders are confirmed to the customer with a confirmation e-mail.
3. Modalities of Payment
According to §19 Abs.1 UStG we do not charge turnover tax in our products available at www.yinkana.net. The price does not includes shipping costs.
The customer will be informed of the shipping costs and any tax or costs which are not being charged by YINKANA during the order process.
The order is carried out via prepayment, either directly to YINKANA's bank account or via PayPal.
4. Reservation of Proprietary Rights
Until the complete payment is completed, the ordered items remain property of YINKANA.
5. Delivery and Availability
In the case that YINKANA accepts the customer’s order; the delivery of the ordered items will be initiated from 1-2 weeks after the receipt of payment. YINKANA does not reserve ordered articles until the receipt of payment. In case that any items be sold out in the meantime, and materials hast to be ordered and manufactured, YINKANA has to inform the customer.
If YINKANA- independently of negligence- is unable to deliver an order, because a distributor of YINKANA does not comply with his contractual obligations, YINKANA has the right to resign from their contract with the customer. However, this right only applies in case YINKANA have concluded a congruent hedging transaction (binding, timely and sufficient order of the products) and is in no other way responsible for the failure to deliver the order. In such a case, the customer will be informed about the unavailability of the ordered products by YINKANA immediately. Possible payments on behalf of the customer will be reimbursed immediately.
In case YINKANA is unable to comply with their delivery obligations due to the occurrence of unforeseeable events concerning YINKANA or their distributors, the time of delivery is adequately longer. Also in this case, YINKANA will inform the customer. The customer’s legal claims remain unaffected by this.
6. Cancellation Policies
Right of Cancellation
The customer can cancel the contract during the first week after its closure, without giving reasons, in written form (letter, email) or by sending back the articles. The articles or the notice of cancellation is to be sent to the following address:
Consequences of cancellation
In case of cancellation, all given services are to be reimbursed. If the customer is unable to return the received articles in a declined state, the customer is held liable for this decline. The customer bears the costs for the shipping.
The guarantee conforms to the German legal regulations.
8. Screen Presentation
The images used for the description of the articles are merely exemplary. They do not always represent a realistic depiction of the article, but only serve as a description. Depending on your computer screen, colours and size can vary considerably. Most of our pieces are unique and could be slightly different depending on stock availability. The textual description of the articles is to be considered.
YINKANA's liability for any deficiencies of the products caused deliberately or due to gross negligence is unlimited in the frame of the legal regulations. This is also valid for deficiencies arising due to deliberate or grossly negligent actions on behalf of vicarious agents.
In as far as YINKANA is not liable due to a previously accepted guarantee, the liability is limited as follows: If damages or deficiencies are not due to deliberate or grossly negligent actions, YINKANA is only liable for damages in case they violate obligations essential to the contract, i.e. contractual obligations necessary for concluding the contract orderly and which can therefore reasonably expected by the contracting party.
The customer’s private data is only saved in the process of concluding the contract. The legal regulations, particularly of the TMG and BDSG are respected. The customers’ data is exclusively used for the execution of the contract. The data will not be passed on to third parties.
11. Final Provisions
This Agreement is governed by German Law. All disputes are to be settled before the courts of Berlin.
Should this Agreement contain a gap or should a provision thereof be or become wholly or partially unenforceable, the rest of the Agreement shall remain enforceable.