Table of Contents
Article 1 – Identity of the Buyer
Article 2 – Definitions
Article 3 – Applicability
Article 4 – Offers and Conclusion of Agreements
Article 5 – Orders
Article 6 – Prices
Article 7 – Payment
Article 8 – Delivery and Delivery Terms
Article 9 – Right to Withdrawal
Article 10 – Reservation of Ownership
Article 11 – Conformity and Warranty
Article 12 – Liability
Article 13 – Intellectual Property
Article 14 – Complaint Procedure
Article 15 – Applicable Law and Competent Court
Article 16 – Miscellaneous
Article 17 – Sales and Promotions
Article 1 – Identity of the Buyer
The website, which can be accessed at the address http://www.yourthedish.com, hereinafter referred to as “Website”, exploited by its registered office in Feldgasse 41A, 90489 Nuremberg, Germany registered in the Register of Companies with hereinafter referred to as “SHUN WONG”.
E-mail address: info@yourthedish.com
Telephone number: +49 01525 2374460
Bank Account Number: DE37 7635 0000 1061 2991 27
VAT number: DE321337048
Article 2 – Definitions
Seller: Yourthedish Shun WONG
Seller: Any natural person who acquires or uses products or services marketed by Yourthedish Shun WONG for general purposes.
Distance Contract: Any agreement between Yourthedish Shun WONG and the Buyer regarding goods or services that is made within the framework of a remote sales or service system organized by the supplier whereby, for this contract, only one or more methods of remote communication is used, up to and including the conclusion of the agreement itself.
Goods: Each product that is offered by Yourthedish Shun WONG on the website. The products consist of home and table decorations or similar products.
Website: The website of the Seller, accessible via http://www.yourthedish.com. Technology for remote communication, any means that can be used for the creation of the agreement between these parties without the simultaneous physical presence of Yourthedish Shun WONG and the Buyer.
Article 3 – Applicability
- These general conditions are applicable to every offer by Yourthedish Shun WONG as an online merchant to the Buyer, any natural person that acquires or uses marketed products or services only for general purposes.
- To place an order, you must be at least 18 years old. If you are not 18, we ask that you have the order placed by your parents or legal guardian. If we notice that the order is placed by a minor, we reserve the right to refuse such an order.
- In the event that specific conditions for goods and services are also applicable in addition to these General Terms and Conditions and if there are differences between the Additional Terms and the General Terms and Conditions, then, in principle, the provisions of the Additional Terms supercede the General Terms and Conditions unless otherwise determined.
- One or more provisions in these General Terms and Conditions can only be deviated from if this has been expressly agreed to in writing. In that case, the other provisions of these conditions remain fully in force.
- General Terms and Conditions are also applicable to the Buyer unless expressly agreed to by Yourthedish Shun WONG.
- Yourthedish Shun WONG reserves the right to change and/or supplement the General Conditions at any time for future orders.
- By using the Yourthedish Shun WONG website and/or by placing an order the Buyer accepts these General Terms and Conditions as well as all other rights and obligations such as stated on the website.
- If one or more provisions in these General Terms and Conditions are wholly or partially found illegal, void or unenforceable for any other reason, then this condition shall be deemed severable from the General Terms and Conditions and shall not have an impact on the validity or enforceability of the remaining provisions. These General Terms and Conditions form the complete agreement between the Buyer and Yourthedish Shun WONG with regards to the material contained therein.
Article 4 – Offers and Conclusion of Agreements
- Offers are valid as long as they are stated on the website and as long as the items are in stocks.
- If the offer is subject to certain conditions, then this will be expressly stated in the offer.
- Yourthedish Shun WONG always describes as completely and accurately as possible what they sell and how the ordering process will proceed. The description is in any case sufficiently detailed to have a good idea. In the event that Yourthedish Shun WONG uses images for the goods and/or services offered these will be displayed as accurately and truthfully as possible. Making mistakes, however, is human and if Yourthedish Shun WONG is obviously mistaken it is not required to deliver.
- An agreement comes into being and is confirmed at the moment that the order confirmation is given to the Buyer or sent by email to the email address specified by the Buyer, and also as soon as Yourthedish Shun WONG approves the payment with credit or debit cards received by the issuer of the card.
In the event that the issuer of the card refuses to agree with the payment, Yourthedish Shun WONG cannot be held responsible for delays in delivery and/or non-delivery of the order placed order. Orders without a valid payment in the name of the registered cardholder are not accepted or processed.
Article 5 – Order
In order to purchase a product online, the product must be added to the shopping basket after which the contact and billing details of the Buyer must be entered. After this the Buyer can choose the method of delivery. In the last step, the Buyer gets to an overview page where the General Terms and Conditions can be accepted and the payment confirmed by pressing the order button with the caption, “Order With Payment Obligation.” If these steps are completed, the purchase is final.
Article 6 – Prices
With regard to consumers within the European Union, all prices are expressed in Euros and are inclusive of VAT or any other tax imposed by authorities. Deliveries outside the European Union may result in taxes that must be paid by the recipient insofar as this is permitted by the local consumer protection legislation. If this is the case, this will be expressly stated when concluding the agreement. The price will be invoiced in the currency the Buyer used to place his order.
The Buyer owes the price that has been agreed on during the last step of the order process and which Yourthedish Shun WONG has stated in its order confirmation. Obvious errors in the quotation or communication of discounts and prices such as evident inaccuracies can also be corrected by Yourthedish Shun WONG or lead to Yourthedish Shun WONG withdrawing from the sale to the customer.
Delivery costs and return costs are clearly communicated to the Buyer. With regard to certain payment methods further conditions apply with regards to the delivery method and any costs. This is communicated clearly to the Buyer.
Article 7 – Payment
The following payment methods can be used for orders placed on the Website:
– Paypal;
– Bank transfer;
– American Express;
– Klarna
– VISA;
– Mastercard;
Yourthedish Shun WONG can expand payment options in the future. Expansion of the payment options will also be announced via the website
If a credit card is selected as the payment method, then the conditions of the relevant card issuer apply. Yourthedish Shun WONG is not a party in the relationship between the Buyer and the card issuer
In order to guarantee a secure payment and the security of the Buyer’s personal data, the transaction data is encrypted with SSL technology over the Internet. You do not need special software to pay with SSL. You recognize a safe SSL connection by the “lock” in the status bar at the bottom of your browser.
Article 8 – Delivery and Delivery Terms
- All goods are delivered to the address specified by the Buyer.
- For Germany, the delivery time is approx. 5-10 business days from when you receive your confirmation.
- For Orders outside Germany, the estimated delivery time will be informed in association with the logistic agent provision from when you receive your confirmation.
- If the Buyer orders a product that is temporarily out of stock, it will say when the product will be available again. Yourthedish Shun WONG aims to report delays to the Buyer by email within 3 business.
- If it cannot deliver on time, Yourthedish Shun WONG will inform the buyer before the end of the planned delivery period. If Yourthedish Shun WONG does not do this, the buyer can cancel the order free of charge. In that case Yourthedish Shun WONG will refund the payment within 30 days after cancelation.
- Shipments always occur at the risk of Yourthedish Shun WONG. The Buyer must therefore not worry about goods that could be lost during shipping. If products are returned, then the Buyer is responsible for the shipping.
- As soon as the products are delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to the Buyer.
- The Buyer or any other person must be present at the address at the time of the delivery of the product in order to accept it. If this is not the case, a second appointment is made with the Buyer for the delivery of the product.
- Yourthedish Shun WONG is not liable for failed deliveries when:
– The buyer gives an incorrect or old address;
– No one is present at the address specified by the Buyer
– The Buyer does not immediately (within 24 hours) provide a new/correct address. - The total liability of Yourthedish Shun WONG, in the event of failure to meet its obligations shall under no circumstances exceed the purchase price of the product or products in question.
Article 9 – Right of Withdrawal
Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. 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.
To exercise your right of withdrawal, you must inform us (WONG, Feldgasse 41a, 90489 Nuremberg, Germany, jonathan.wong@yourthedish.com, phone: 01525 2374460) by means of a clear statement (e.g. a letter sent by post, fax or Email) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory. You can also electronically fill in and submit the model withdrawal form or another clear statement on our website http://www.yourthedish.com. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay 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 means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have the goods have returned, depending on which of the earlier time is.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functioning of the goods.
Different return
cost regulations for Germany We bear the direct costs of returning the goods if the return takes place within Germany.
Article 10 – Reservation of Ownership
The ownership of a product will transfer to the Buyer, even though the physical delivery has already taken place, only after the payment owed for the product has been paid in full, including interests and costs.
The Buyer may not encumber, sell, deliver, alienate or otherwise burden the goods before the ownership is transferred.
Article 11 – Conformity and Warranty
- Yourthedish Shun WONG guarantees that the products match the order and satisfy the normal expectations of the Buyer taking into account the specifications of the product. Yourthedish Shun WONG ensures that its goods comply with all laws in force at the time of the order.
- As consumer, the Buyer has a legal warranty of 2 years on goods that he buys from us. During this period and within legal limits, we take care of the free replacement or repair of goods that have a defect that falls under the legal warranty. The Buyer must first demonstrate that the defects in the products are not caused by abnormal use.
- In order to make use of a guarantee, the Buyer must be able to present a proof of purchase or an invoice. Always keep this in a safe place. Warranties are non-transferrable. Any defect must be reported within 2 months from its detection. Afterwards, there is no right to repair or replacement.
- Pay Attention: We do not offer any warranty for defects caused by, among other things, accidents, worsening of the situation due to negligence, falls, use of the product in violation of the purpose for which it was designed, nonobservance of the washing or use instructions, heavy use, abnormal, commercial or incorrect use.
Article 12 – Force majeure
In case of force majeur, Yourthedish Shun WONG is not required to comply with its obligations. In that case it can either postpone its obligations for the duration of the force majeure or terminate the agreement all together.
Force majeure consists of any circumstance beyond the control and will of Yourthedish Shun WONG, which prevents it from fulfilling its obligations partially or in full. These include, but not only: strikes, fire, malfunctions in a (telecommunication) network or connection or used communication systems and/or if the website is not available at any moment in time, non or non-timely delivery of suppliers or other third parties involved
Article 13 – Intellectual Property
The Buyer recognizes expressly that all rights and intellectual property rights of displayed information, announcements, or other expressions relating to products and/or the website are vested in Yourthedish Shun WONG, its suppliers or other entitled parties.
Intellectual property rights include patent, copyright, trademark, design and design rights and/or other (intellectual property) rights including whether or not patentable technical and/or commercial know-how methods and concepts.
The Buyer is prohibited from making use and/or making changes to the intellectual property rights such as described in this article, such as reproduction without the express prior written consent of Yourthedish Shun WONG, its suppliers, or other entitled parties, unless it is purely for private use of the product itself.
Article 14 – Complaint procedure
Yourthedish Shun WONG does all it can to satisfy its customers 100%. In the event that the Buyer still has a complaint about the service and/or products, he can contact Yourthedish Shun WONG at info@yourthedish.com . We strive to solve complaints quickly. You can expect an answer within 14 days. As soon as we have investigated the matter in depth, we will contact you again to provide you with the solution.
In addition to the internal complaint procedure for the webshop, you can always contact the European ODR platform at: http://ec.europa.eu/consumers/odr
Article 15 – Applicable law and competent court
All disputes related or arising from Yourthedish Shun WONG offers or agreements concluded with it, shall be submitted to the competent courts unless a binding provision expressly designates a different competent court.
Article 16 – Miscellaneous
For any additional information or comments related to these General Conditions please contact by e-mail: info@yourthedish.com
Article 17 – Sales and Promotions
During periods of sales and promotions, the price appearing on the check out page is the applies.
All discounts apply to the indicated products, for the duration of the period and as long as there is stock.