General Terms and Conditions of Yorxs AG
These General Terms and Conditions (“Terms and Conditions”) apply to Yorxs AG (hereinafter referred to as “Yorxs” or “we” or “us”).
1. General
1.1 Yorxs offers goods for purchase via the online platform www.yorxs.de. A contract concluded via our online platform www.yorxs.de, by telephone, in writing, by fax or by email is concluded exclusively with us on the basis of these General Terms and Conditions, unless otherwise agreed in writing. Any conditions of the customer that conflict with or deviate from these General Terms and Conditions do not apply.
1.2 The goods offered are partly presented as digital photographs of the actually existing goods. Minor differences between the representation and reality do not represent a defect in the ordered goods.
2 Conclusion of contract
2.1 Contracts regarding items offered at www.yorxs.de can only be concluded in German. We do not offer products for purchase by minors. If you are under 18 years of age, the involvement of your legal guardian is required.
2.2 By clicking the “buy now” button, you place a binding order for the items contained in your shopping cart. Confirmation of receipt of the order follows immediately after sending the order (order confirmation email) and does not constitute acceptance of the contract.
2.3 We can accept your order by sending an order confirmation by email or by delivering the goods within 5 working days of receipt of the order confirmation. You are bound to your order for a maximum of 5 working days - regardless of the right of withdrawal that already exists when placing orders as a consumer. Confirmation of receipt of payment by us expressly does not constitute acceptance of your offer to conclude a purchase contract.
2.4 Please note that if you pay in advance (reservation), the ordered goods will only be delivered once the full amount has been credited to our account.
3 procurement risk; No delivery obligation; Extension of delivery times; Transfer of risk
3.1 We do not assume any procurement risk, not even in the case of a purchase contract for generic goods. We are only obliged to deliver from our stock of goods and the delivery of goods ordered by us from our suppliers.
3.2 Our obligation to deliver no longer applies if, despite a proper congruent hedging transaction, we ourselves are not supplied correctly and on time and are not responsible for the lack of availability, we have informed you of this immediately and we have not assumed any procurement risk. If the goods are not available, we will immediately refund any advance payment.
3.3 The delivery time is extended appropriately in the event of circumstances affecting delivery due to force majeure. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks through no fault of our own, foreign holidays, particularly Indian, Chinese or Jewish ones, disruptions to operations through no fault of our own, for example due to fire, water and machine damage, and all other hindrances that, when viewed objectively, are not caused by us were caused culpably by us. We will inform you immediately about the beginning and end of such obstacles. If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times, you are entitled to withdraw from the contract. Further claims, especially for damages do not exist.
3.4 For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are handed over to the consumer or a recipient designated by the consumer. This applies regardless of whether shipping is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, or in the case of mail order purchases, upon delivery of the goods to the freight forwarder or the person or institution otherwise designated to carry out the shipment.
4 Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us (YORXS owner Ralf H. Nutt, Dienerstr. 12, 80331 Munich, email: service@yorxs.de) by means of a clear statement (e.g. a letter sent by post, Fax or email) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We will collect the goods from you. You bear the direct costs of returning the goods, which are estimated at a maximum of €30 depending on the value of the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Note that the right of withdrawal does not exist
The right of withdrawal does not apply to distance selling contracts:
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The revocation can be made by email to service@yorxs.de, by letter to:
YORXS owner Ralf H. Nutt
Dienerstr. 12
80331 Munich
PDF sample revocation
Explanation: The configuration of a piece of jewelry, ie the individual combination of one or more diamonds with a matching setting (ring, earring, or pendant setting) does not exclude the right of withdrawal. This means that the purchase of self-configured pieces of jewelry can be revoked within the statutory period, just like the purchase of all other pieces of jewelry shown on the website www.yorxs.de. This is not a product manufactured to customer specifications or clearly tailored to personal needs.
5 Dispute Resolution
Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ . Yorxs AG is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
6 prices/payment
Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:
6.1 All prices stated by us in the product descriptions include statutory sales tax.
6.2 Payment is made in advance, credit card, Paypal and instant bank transfer.
∙ Payment in advance
∙ If you choose the advance payment method, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
∙ Paypal
∙ Your Paypal account will be debited in accordance with the Paypal
∙ Terms of Use
∙ Credit card
∙ If you pay by credit card, this will be charged immediately due to the 3D Secure/Verified by Visa process.
∙ Instant transfer
(1) We also offer instant transfer. We receive the transfer advice, even if not the credit, immediately. This accelerates the entire order process. All you need is the account number, bank code, PIN and TAN. Using Payment Network AG's secure payment form, which is not accessible to merchants, sofortüberweisung.de automatically places a transfer in your online bank account in real time. When using buyer protection, the purchase amount will only be transferred to the retailer's bank account after the buyer protection period has expired, but at the latest after receipt of the goods. Our service is free of charge for you as a customer; you only need to pay the fees (transfer fees) from your bank.
(2) If you choose the payment method Sofortüberweisung, a pre-filled form opens at the end of the ordering process. This already contains our bank account. In addition, the transfer amount and the intended use are already displayed in the form. You now have to select the country in which you have your online banking account and enter the bank sort code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. Right after you receive confirmation of receipt.
(3) In principle, every internet user can use instant transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that instant transfer is not yet available at a few banks. You can find further information about whether your bank supports this service here: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.
∙ Installment purchase
(1) Together with our partners Payever and Santander, we offer you total financing or partial financing of your purchase amount. Please note that we will only accept the order once the entire purchase amount has been credited to our account. In the case of partial financing with a down payment, we require proof of payment of your down payment.
(2) If the installment purchase is successfully completed, the customer's corresponding loan agreement with Santander Consumer Bank AG (hereinafter "Santander") is concluded. Yorxs is not the customer's contractual partner in this loan agreement
(3) After entering the customer's data, Santander will provisionally check the customer's creditworthiness based on the data entered and issue a preliminary approval or rejection of the request during the ordering process. If the financing is provisionally approved, the customer must carry out an identification procedure (Post Ident or WebID) using the documents provided. Santander makes the final decision about the loan approval based on the information provided and documents submitted by the customer.
(4) If the financing request is temporarily rejected by Santander, the customer can choose another payment method. No contract is concluded with Santander.
(5) Yorxs reserves the right to only process an order financed by installment purchase after a final loan commitment from Santander. Please note that we cannot always reserve the diamond you have requested during this time.
6.3 If the contract is not concluded, in particular because the selected diamond is no longer available or was incorrectly labeled, the advance payment received will be refunded to the customer immediately. The repayment will be made according to the payment method you used. In the case of advance payment or immediate transfer, the transfer will be sent back to the account from which the transfer was made. If you paid by PayPal / credit card, the refund will be made to the associated PayPal / credit card account.
7 Redeeming vouchers
7.1 Personal voucher codes from registration for the newsletter or other advertising measures can be redeemed with a minimum order value of 1,000.00 euros. The personal voucher code, which can be issued when registering for the newsletter, includes 19% sales tax.
7.2 Purchased vouchers can be redeemed for products from the online shop www.yorxs.de. The order value must at least correspond to the voucher value. The voucher cannot be paid out in cash. Please note that no vouchers or discount codes can be redeemed when purchasing vouchers.
8 Order confirmation email and storage of the contract text
8.1 Immediately after placing the order, we send an email to the buyer (confirmation of receipt of the order), in which we summarize all the details of the order (order data). We also attach these terms and conditions and the cancellation policy in PDF format to the order confirmation email.
8.2 With the order confirmation email, the customer also receives our bank details and the stated payment amount, provided he has selected the advance payment method. When the goods are dispatched, the customer receives an invoice with statutory sales tax (domestic and EU).
8.3 We store your order for a limited period of time. This data can be viewed at any time at https://www.yorxs.de/mein-konto/persoenliche-daten as soon as you have logged in. The General Terms and Conditions can also be accessed at any time via http://www.yorxs.de/grundsaetze/geschaeftconditions.
9 Eternity Cam
9.1 The rental period can, depending on availability, start on a business day chosen by the customer and confirmed by Yorxs.
The customer can choose a rental period of two, three or four weeks.
9.2 The customer must pay a deposit of 150 euros when paying the rental fees. The deposit will be refunded if the Eternity Cam and its accessories arrive at Yorxs undamaged and within the rental period plus a maximum of two working days.
9.3 The customer can cancel the order free of charge up to 14 days before the shipping date. In this case, any payments already made will be fully refunded. If canceled at a later date, Yorxs is not obliged to refund the rental fees.
9.4 The customer undertakes to handle the Eternity Cam with reasonable care and to adhere to the operating instructions in the enclosed instructions. If damage is discovered when the Eternity Cam is returned due to negligent handling or disregard of the instructions for use, we reserve the right to honor the deposit.
9.5 The customer undertakes to contact us by email or telephone (during business hours) to arrange a collection appointment no later than one working day before the end of the rental period.
The customer is obliged to hand over the Eternity Cam to our logistics partner DHL no later than one day after the end of the rental period.
The Eternity Cam and its accessories must be securely packaged in the designated box when returned. The customer bears the risk of accidental loss of the rental item when it is returned, provided that the sender is not liable.
9.6 If the Eternity Cam is not returned on time, the customer must pay a fee of 75 euros for each additional week.
10 The customer's obligation to cooperate in fulfilling the contract
10.1 The customer must ensure that the personal data he has provided to us, in particular his email address and delivery address, is correct. We can demand reimbursement from the customer for any additional costs that we incur due to providing incorrect personal data, e.g. providing an incorrect delivery address.
10.2 The customer must pay a deposit of 150 euros when paying the rental fees. The deposit will be refunded if the Eternity Cam and its accessories arrive at Yorxs undamaged and within the rental period plus a maximum of two working days.
10.3 The customer further agrees that his delivery address and telephone number will be passed on to the shipping service provider for the purpose of delivering the goods on time. The shipping service provider may use the customer's data exclusively for the purpose of delivering the goods and is obliged to delete the data immediately after successful delivery.
11 Free shipping
We deliver free of charge within Germany, Austria and Switzerland.
12 Shipping of goods
12.1 As soon as the goods have been dispatched, we will inform the customer of the dispatch by email and provide them with their tracking number for tracking the shipment.
12.2 Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. The website provides information about the availability of products sold by Yorxs. If Yorxs discovers that the products you ordered are not available while processing your order, you will be informed separately by email. If Yorxs is unable to deliver the ordered goods through no fault of its own because Yorxs' supplier does not fulfill its contractual obligations, Yorxs is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available.
12.3 All loose diamonds are delivered exclusively in sealed packaging. The seal on the transparent viewing box with holographic security label containing the loose diamond may be opened to inspect the diamond. The rare blister packs, on the other hand, which come from the respective certification institute (GIA, HRD, IGI or AGS) and are marked as such with the logo of the certification institute, may also be opened, but this opening represents a deterioration in the matter. Yorxs reserves the right In this case, the certification institute proposes to invoice the customer for the costs of new packaging.
12.4 We generally only deliver via shipping. It is possible to collect the goods yourself from our location in Munich upon request. We do not deliver to packing stations.
13 Warranty/retention of title
13.1 The statutory warranty rights apply.
13.2 The goods remain our property until full payment.
14 Liability
14.1 We have unlimited liability for damage to life, body and health due to intentional or negligent breach of duty.
14.2 We are liable for damage to property and financial losses if they were caused intentionally or through gross negligence.
15 Granting of rights
15.1 If the user decides to post content (e.g. customer reviews) on www.yorxs.de, he grants Yorxs an exclusive license, unrestricted in time and location, for the duration of the underlying law, to further use the content for any purposes online or offline. Yorxs will endeavor to always name the author (unless he has stated that he wishes to remain anonymous), but reserves the right to shorten or omit this information.
15.2 Yorxs reserves the right not to display content on the website or only for a limited period of time and to shorten or change it. In addition, the guidelines applicable to the respective community feature apply (e.g. review guidelines). Content posted by users, particularly customer reviews, solely reflects the opinions of the customers. The contents do not necessarily agree with Yorxs' opinion.
16 Final Provisions
16.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
16.2 The agreed place of jurisdiction is Munich if the customer is a merchant within the meaning of the Commercial Code or a person without a permanent residence in Germany or if the customer has moved his permanent residence abroad after these General Terms and Conditions come into effect or if his place of residence or usual place of residence of the customer are not known at the time the lawsuit is filed.