Terms of service
Terms of Service
§ 1 Internet shop
Bürger Digital Ventures UG ("Yogacito"), operates the Yogacito.com shop. You will receive personal information about upcoming sales campaigns via Yogacito by email, provided you have consented to these emails being sent. The prices stated on the website are final prices including VAT. Shipping costs and processing fees are shown separately and are understandable for you.
§ 2 Validity of the General Terms and Conditions
2.1 By agreeing to the registration, you declare that you agree to the validity of these general terms and conditions (hereinafter "GTC"). These terms and conditions define the conditions under which you can use the services of Yogacito.
2.2 You can access, save and print these terms and conditions at any time via the link "Terms and Conditions" on the Yogacito website.
2.3 General terms and conditions of users, members and partners can be found in direct business dealings with Yogacito no application even if Yogacito does not expressly object to them and / or provides services without objection. This also applies if the user, member or partner has stipulated a special form for the objection to conflicting conditions. Divergent terms and conditions are only applied if this has been expressly confirmed in writing by Yogacito in advance.
2.4 The contract language is German.
§ 3 Conclusion of contract and retention of title
The presentation of the products and the presentation of goods on the Yogacito website as part of the sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order. There is no legal claim to the availability and availability of the products presented. The sales campaigns are only aimed at consumers within the meaning of § 13 BGB, i.e. every natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. Only normal household quantities may be ordered. Yogacito reserves the right to make orders from sales promotions dependent on the fulfillment of certain individual requirements. To order a product shown at Yogacito, you have to carry out the following steps: You put the item in the shopping cart. In the next step you enter all the necessary information about the billing address and delivery address. During this step we ask you to actively agree to the general terms and conditions, the data protection provisions and the cancellation policy. Then you enter the details of your preferred payment method. Finally, you can check your order again and complete it using the "Buy now" button. By submitting your online order, you are making an offer to Yogacito to conclude a legally binding contract. By clicking the "Place order" button, you place a binding order for the goods in the shopping cart and confirm that you are authorized to place the order, i.e. for minors with the consent of their legal representatives. Immediately after receiving your order, you will receive an automated email in which the receipt of your offer is confirmed and the contract is concluded. All goods remain the property of Yogacito until full payment of the purchase price and all claims associated with the purchase. You are not entitled to dispose of the goods before the transfer of ownership. If third parties assert rights to the goods, you must inform Yogacito immediately. If Yogacito determines before the contract is concluded that the product ordered is not available, we will inform you immediately and refund any payments already received. Provides Yogacito after the conclusion of the contract, that the ordered product is due to the late or incorrect delivery (incl Yogacito is not responsible, contrary to expectations and is not available despite a delivery contract we have concluded with the supplier for the ordered goods, we reserve the right to withdraw from the contract. Yogacito In such a case, will inform you immediately about the unavailability of the ordered product and immediately reimburse you for payments received. Yogacito is entitled to reject offers from you without giving reasons. Yogacito reserves the right to reject an offer in particular if the shipping address is outside Germany or Austria, there are indications that the customer is not a consumer, an order exceeds the normal household quantity or, after a request with a deadline, does not pay he follows.
§ 4 Use of Yogacito
4.1 Yogacto only offers the services within the framework of the recognized rules of technology. Yogacito can restrict the services if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical measures and this serves the proper or improved provision of the services (maintenance work). For technical reasons in particular, it may temporarily not be possible or only to a limited extent to access the services (unforeseen system failures).
4.2 It is forbidden to use the services in a way that offends against statutory regulations, the rights of third parties or against common decency. It is also forbidden to use the services in a way that is abusive or likely to damage Yogacito's good reputation. In particular, it is forbidden to use the services for the following purposes. No anti-competitive activities may be undertaken and / or promoted, including progressive customer acquisition (such as chain, pyramid or pyramid schemes). It is forbidden to use pornographic content or content that violates youth protection laws or to advertise, offer or distribute pornographic or youth protection laws. Our services and / or services may not be used for purposes other than those intended through the use of "robot", "spider" or "offline reader" or other malware. Furthermore, Yogacito should not be used in a way that adversely affects the availability of our services for other users. The dissemination of offensive, racist or otherwise illegal content or information, including offensive or defamatory content, via our services is prohibited, regardless of whether this content relates to other users, employees of the operator or other persons or companies. Furthermore, no photos with defamatory, offensive, racist or otherwise illegal or immoral content may be used. It is prohibited to send chain letters, intercept messages or attempt to intercept them, advertise shopping clubs, send messages that serve a commercial purpose, and use our services to threaten or unreasonably harass other people ( especially through spam) or violating the rights (including personal rights) of third parties. Furthermore, no temporary e-mail addresses may be used by so-called 10-minute mail services and names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact details from messenger services may be published.
4.3 Yogacito has checked and posted its own content on the Yogacito website to the best of its knowledge and belief. A control of the content that third parties publish on the Yogacito website leads Yogacito basically not through. A control of external websites, which can be reached on the basis of a link on the Yogacito website, leads Yogacito generally also not through, so that no responsibility for the form, correctness, appropriateness and quality of the corresponding content is assumed. Yogacito will remove or suppress content posted by third parties or omit links if Yogacito discovers evidence that the content posted or the external websites violate applicable law or these terms and conditions.
§ 5 Invite friends, product and sales promotion recommendations
5.1 Users can use the Yogacito-Website invite more friends to Yogacito. Users also have the option of recommending sales promotions or individual products to third parties by email.
5.2 Users undertake to send newsletters, sales campaigns and product recommendations only to the e-mail addresses of existing, living, natural persons who have previously expressed interest in the user and who have given their express consent to the corresponding e-mail being sent. In the event of a dispute, a corresponding written declaration must be submitted.
§ 6 Promotion Vouchers / Credit
For Yogacito-Promotion vouchers (and, analogously, Yogacito credit), the following conditions apply. Yogacito vouchers for goods can be redeemed for all products listed on the Yogacito website, unless the redemption of Yogacito vouchers is excluded on the promotion or product overview page or it is an action in which the order is placed via the Third party website; this is expressly indicated in each case. The purchase price of the products ordered must be at least equal to the value of the voucher, unless otherwise stated when the voucher was issued. Yogacito vouchers for shipping costs can be redeemed for the flat rate shipping costs that are incurred for orders on the Yogacito website, unless the redemption of Yogacito vouchers is excluded accordingly on the promotion overview or product overview page, or it is an action where the order is placed through a third party website. Yogacito vouchers are based on codes given to you personally; Codes usually expire after a single use. Period of validity, minimum order value, if applicable, or other conditions are determined by Yogacito and announced in the corresponding promotion; In this case, the minimum order value refers to the purchase price including VAT and shipping costs are not taken into account. Only one Yogacito voucher can be redeemed per order; multiple Yogacito vouchers cannot be combined with one another. If you cancel the purchase of an item for which you used a Yogacito voucher, the voucher amount will not be refunded and the voucher cannot be used again. This does not apply if you have purchased the Yogacito voucher against payment of a sum of money directly from Yogacito. You cannot purchase a Yogacito voucher with a Yogacito voucher that you did not purchase directly from Yogacito against payment of a sum of money. There is no cash payment or interest on the Yogacito voucher. If Yogacito points out that the voucher is only valid for new customers, it is necessary for the voucher to be issued to a person for the first time Yogacito sign up. With the exception of a loss of the voucher, the Yogacito is responsible for Yogacito no liability for loss or theft of the voucher; Replacement vouchers will only be issued if Yogacito is liable for the loss of the voucher. Further conditions or restrictions for the redemption of promotional vouchers can be specified in the shop regulations or when the voucher is issued. Yogacito vouchers remain valid for 12 months after the purchase has been made.
§ 7 Warranty and liability for damages
7.1 The warranty is basically based on the statutory provisions of the Federal Republic of Germany. In the event of a defect in the goods, you have the legal options for subsequent improvement (e.g. delivery of defect-free goods), withdrawal and reduction.
7.2 Yogacito's liability for damages towards consumers is limited. Regardless of the type of damage, liability for damages is excluded, unless otherwise specified below. Yogacito is solely liable in accordance with the statutory provisions if you assert claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Yogacito is solely liable in accordance with the statutory provisions if Yogacito culpably violates an essential contractual obligation. An essential contractual obligation in this sense is one whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you can regularly rely. Yogacito is also solely liable in accordance with the statutory provisions for culpable injury to life, body or health; this also applies to mandatory liability under the Product Liability Act.
7.3 The same restrictions on liability for damages apply to companies that, contrary to Section 4, directly or indirectly participate in sales promotions as to consumers, with the further restriction that the liability for damages is limited to the foreseeable, contract-typical damage, unless there is liability due to willful action or due to injury to life, body or health.
7.4 The aforementioned exclusions of liability and restrictions vis-à-vis companies or consumers do not apply in the event that Yogacito takes over express guarantees.
§ 8 Exemption
The user provides Yogacito free from all claims of third parties against them Yogacito for violation of your rights or violations of these terms and conditions, shop regulations or laws when using Yogacito assert. The user assumes the costs of the necessary legal defense including all court and lawyer costs in the amount incurred. This does not apply if the violation of the rights of third parties or the violation of these terms and conditions, the shop regulations or the law is not the responsibility of the user. The user is obliged Yogacito in the event of a claim by a third party, to immediately, truthfully and completely provide all information that may be necessary for the examination of the claims and a defense. Delays in providing information are at the expense of the user.
§ 9 Copyright and usage rights
The contents of Yogacito are protected by database law, copyright and trademark law. This content may not be copied or distributed, nor used or reproduced in any other way, without the prior consent of the respective rights holder. This also applies in particular to copying with the help of robots, crawlers or other automatic mechanisms. Any improper use, exploitation or modification of the services is not permitted. In particular, copying or reading out content, offers, directories, databases, etc. for commercial purposes is prohibited and will be prosecuted within the framework of the existing legal possibilities under criminal and civil law.
§ 10 final provisions
10.1 Should individual provisions of these terms and conditions be wholly or partially ineffective or contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In such a case, the parties undertake to enter into negotiations with the aim of replacing the ineffective or incomplete provisions with provisions that come as close as possible to the originally intended provisions while safeguarding the interests of both parties.
10.2 The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Sales Convention and references back to foreign law. If you are a consumer, the mandatory provisions of the state in which you have your habitual residence remain unaffected.
10.3 If you are a businessman, a legal entity under public law or a special fund under public law, or if you do not have a general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contractual relationship is Berlin.
10.4 With the exception of the shop regulations, no side agreements have been made and must be in writing to be effective.