General Terms and Conditions
The following general terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal rights that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
These GtC also apply to entrepreneurs for future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.
2. Contracting Party, Conclusion of contract
The purchase agreement is concluded with YOLOTL Sabor de México – Zyanya Zavaleta.
By entering the products in the online shop, we make a binding offer for the conclusion of the contract for these items. You can first add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the proofing tools provided for this purpose and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We do not store the text of the contract.
4. Terms of Delivery
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of the shipping costs in the offers.
We only deliver by shipping route. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations.
In our shop, the following payment methods are available to you:
If you select the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
By placing your order, you will send us your credit card details at the same time.
Once you have been legitimized as a legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after ordering. The payment transaction is automatically executed by the credit card company and your card is debited.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process.
The payment transaction is carried out automatically by PayPal immediately afterwards.
After placing the order, you will be redirected to the website of the online provider SOFORT Transfer. In order to be able to pay the invoice amount via SOFORT transfer, you must have an online banking account with PIN/TAN procedure activated for participation in SOFORT transfer, legitimize yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards by SOFORT Transfer and will be debited to your account.
After clicking on the button “Pay with Amazon” you will be redirected to the website of the online provider Amazon in our online shop before the completion of the ordering process. In order to complete the ordering process via Amazon and to pay the invoice amount, you must be registered there or register and legitimize with your access data. There you can choose the shipping address and payment method stored on Amazon, confirm the use of your data by Amazon and the payment order to us. You will receive further information during the ordering process. You will then be redirected back to our online shop, where you can complete the ordering process.
Immediately after ordering, we ask Amazon to initiate the payment transaction. The payment transaction is automatically executed by Amazon.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, we reserve the title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance, regardless of any combination or mixing of the reserved goods with a new item, in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
If goods are delivered with obvious transport damage, please complain to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.
9. Warranties and warranties
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from the delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code remain unaffected.
To contractors, only our own information and the product descriptions of the manufacturer, which have been included in the contract, shall be deemed to be an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall first provide companies with warranty at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of time limits do not apply to claims arising from damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- intentional or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed
- to the extent that the scope of the Product Liability Act has been opened.
Information on any additional warranties and their exact terms can be found in the product and on special information pages in the online shop.
We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents.
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- to the extent that the scope of the Product Liability Act has been opened.
In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) by slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In addition, claims for damages are excluded.
11. Online Dispute Resolution
Online dispute resolution pursuant to Art. 1 ODR-VO: The European Commission provides an online dispute resolution (ODR) platform, which can be found at http://ec.europa.eu/consumers/odr/.
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.