Welcome to the Nakyangyarn Europe Store!
Terms of service
General Terms and Conditions
for purchase contracts concluded via the online shop https://eu.nakyangyarn.com/
between
Nakyang Yarn Europe, Mr. Björn Chang-Ik Ewald Claus – Einzelunternehmen, e.K., Christian-Gau-Straße 12-14, 50933 Köln, Telefon +49 1735385041, registered in the Commercial Register of the Cologne District Court (Handelsregister des Amtsgerichts Köln) under HRA 37381, VAT-Identification-No.: DE364709866
– hereinafter referred to as „Provider“ –
and
the customers referred to in § 2 of these Terms and Conditions
– hereinafter referred to as „Customer“ –
1. Scope, Definitions, Contract Language
(1) These general terms and conditions (AGB) exclusively govern the business relationship between the Provider and the Customer in their version valid at the time of the order. Deviating general terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally competent partnership who acts in the exercise of their commercial or independent professional activity when concluding the contract.
(3) The only language available for concluding the contract is German. Translations of these general terms and conditions into other languages are for information purposes only. In case of differences between the language versions, the German text shall prevail.
2. Conclusion of Contract
(1) The presentation of products/goods in the online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). The Customer can select products from the Provider's range and collect these in a so-called shopping cart via the button "add to cart". By clicking the button "order with obligation to pay", the Customer submits a binding request to purchase the products in the shopping cart. Before sending the order, the Customer can change and view the data at any time, see also § 3. The request can only be submitted and transmitted if the Customer accepts these terms and conditions by clicking the button "accept AGB" and thereby includes them in their request.
(2) The Provider will then send the Customer an automatic confirmation of receipt via email, listing the Customer's order again, which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the request. The contract is only concluded by the submission of the acceptance declaration by the Provider, which is sent with a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the products, the contract text (consisting of the order, AGB, and order confirmation) will be sent to the Customer on a durable medium (email or paper printout). The Customer is advised to regularly check the SPAM folder of their email inbox.
3. Technical Steps Leading to the Conclusion of the Contract, Correction of Input Errors
During the ordering process, the Customer first places the desired products in the shopping cart. There, the desired quantity can be changed at any time or selected products can be completely removed. If products have been stored in the shopping cart, the Customer is directed by clicking the "Next" buttons to a page where they can enter their data and then select the payment method. Finally, an overview page opens where the Customer can check their details. Input errors (e.g., regarding the payment method, data, or the desired quantity) can be corrected by clicking "Change" at the respective field. If the Customer wishes to completely cancel the ordering process, they can simply close their browser window. Otherwise, by clicking the button that concludes the ordering process, the Customer's declaration to purchase becomes binding according to § 2 of these AGB.
4. Storage of the Contract Text
The contractual provisions, including details of the ordered products and these AGB, will be sent to you via email upon acceptance of the contract offer (order confirmation) or with the notification thereof. Further accessibility of the contractual provisions by the Provider does not occur. If the Customer has set up a customer account in the online shop before sending their order, the order data will be archived in the online shop and can be accessed by the Customer free of charge via their password-protected customer account by providing the corresponding login data.
5. Registration in the Online Shop; Processing of Personal Data
Products can be ordered in the online shop either as a guest or as a registered user. As a registered user, the Customer does not need to enter their personal data each time but can simply log in to their customer account with their email address and the password freely chosen during registration before or during an order. Registration does not create any obligation to purchase the offered products. Information on data processing can be found in the online shop's privacy policy, which is accessible at https://eu.nakyangyarn.com/de/policies/privacy-policy .
6. Delivery, Product Availability
(1) Delivery times specified by the Provider are calculated from the time of the order confirmation, provided the purchase price has been paid in advance. If no delivery time is specified for the respective product in the online shop or no different delivery time is specified, it is 3-5 working days within Germany, and 5-7 working days for international deliveries (see para. 4.
(2) If the selected product is not available at the time of the Customer's order, the Provider will notify the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, the Provider will also notify the Customer of this immediately in the order confirmation.
(4) There are the following delivery restrictions: The Provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can specify a delivery address in the same country:
Germany, United Kingdom, Switzerland, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus.
7. Retention of Title
Until full payment is made, the delivered products remain the property of the Provider.
8. Prices and Shipping Costs
(1) All prices listed in the Provider's online shop include the applicable statutory value-added tax.
(2) The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer unless the Customer exercises their right of withdrawal. The current shipping costs can also be accessed at any time at https://eu.nakyangyarn.com/de/policies/shipping-policy . Within Germany, the Provider offers free shipping for orders with a value of 70 EUR or more.
(3) If delivery is made to countries outside the European Union, additional costs may arise that are not the responsibility of the Provider, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by the Customer.
(4) Products are shipped by postal service. The Provider bears the shipping risk if the Customer is a consumer.
(5) In the event of a withdrawal, the Customer must bear the direct costs of returning the goods.
9. Payment Terms
(1) The Customer can make payments via Apple Pay, Google Pay, VISA, Mastercard, American Express, Maestro, Union Pay, Klarna, Pay Later, Shop Pay, PayPal, and Amazon Pay, see § 10 Privacy Policy (https://eu.nakyangyarn.com/de/policies/privacy-policy).
(2) The Provider uses third-party payment services for processing payments. The specific payment method(s) available for the respective products will be shown to the Customer in the respective offer or during the order processing. Further information on the payment methods, payment service providers, and their terms of use can be accessed at https://eu.nakyangyarn.com/de/policies/privacy-policy.
(3) The Customer can change the payment method stored in their customer account at any time.
(4) The purchase price is due immediately upon conclusion of the contract. If the payment due date is determined according to the calendar, the Customer is in default by missing the deadline. In this case, the Customer must pay the Provider the statutory default interest.
(5) The Customer's obligation to pay default interest does not preclude the assertion of further default damages by the Provider.
10. Liability for Defects, Warranty
(1) The Provider is liable for defects in accordance with the applicable statutory provisions, particularly §§ 434 ff. BGB. For entrepreneurs, the warranty period for products delivered by the Provider is 12 months.
(2) An additional warranty exists for the products delivered by the Provider only if it has been expressly stated in the order confirmation for the respective product.
11. Liability
(1) Claims by the customer for damages are excluded. This does not include claims for damages by the customer arising from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body, or health.
(3) The limitations in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are made directly against them.
(4) The limitations in paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
12. Right of Withdrawal for Consumers
(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider informs according to the statutory model below. In paragraph 2, you will find a model withdrawal form.
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Withdrawal Instructions Right of Withdrawal You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us (Nakyang Yarn Europe, Mr. Björn Chang-Ik Ewald Claus, Christian-Gau-Straße 12-14, 50933 Cologne, Germany, Phone +49 1735385041, europe@nakyangyarn.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to our shipping service provider: Optima Global GmbH, Charlottenstraße 120, 45289 Essen, Germany, (info@go2optima.com) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. Please note: You will bear the direct cost of returning 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 functioning of the goods. |
(2) Regarding the sample withdrawal form, the provider informs according to the statutory regulation as follows:
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Sample Withdrawal Form (If you want to withdraw from the contract, please fill out this form and send it back.) |
13. Jurisdiction; Online Dispute Resolution and Alternative Dispute Resolution; Severability Clause
(1) The laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, apply to contracts between the provider and the customer. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, especially of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contract is the provider's place of business.
(3) The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/ . Our E-Mail-address is: europe@nakyangyarn.com
(4) We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board under the Consumer Dispute Resolution Act (VSBG).
(5) The contract remains binding in its remaining parts even if individual provisions are legally invalid. The statutory provisions replace the invalid provisions, if available. If this would represent an unreasonable hardship for one of the parties, however, the contract will become invalid as a whole.