Terms of service

General Terms and Customer Information

  1. Scope of Application

    1. These General Terms and Conditions (hereinafter “GTC”) of kybun Joya Retail AG (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or an entrepreneur (hereinafter “Customer”) concludes with the Seller concerning the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
    2. These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided.
    3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
    4. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
    5. Depending on the Seller’s product description, the subject matter of the contract may be either the one-time supply of goods or the ongoing supply of goods (hereinafter “subscription contract”). In the case of a subscription contract, the Seller undertakes to deliver the goods owed under the contract to the Customer for the duration of the agreed contract term at the agreed time intervals.

  2. Conclusion of Contract

    1. The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.
    2. The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, by clicking the button which concludes the ordering process the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart.
    3. The Seller may accept the Customer’s offer within five days
    • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
    • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
    • by requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
    1. If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the PayPal user agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.
    2. If the payment method “Amazon Payments” is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), under the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” during the online ordering process, by clicking the button that concludes the ordering process they simultaneously issue a payment order to Amazon. In this case, the Seller already declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button that concludes the ordering process.
    3. When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax or letter) after the Customer’s order has been submitted. The Seller does not make the contract text available beyond that. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
    4. Before submitting a binding order via the Seller’s online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
    5. Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
    6. Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

  3. Right of Withdrawal

    1. Consumers generally have a right of withdrawal.
    2. Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
    3. The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.

  4. Prices and Payment Terms

    1. Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
    2. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are payable by the Customer. These include, for example, fees for transferring funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds even if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
    3. The payment method(s) will be communicated to the Customer in the Seller’s online shop.
    4. If the payment method “SOFORT” is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To be able to pay the invoice amount via “SOFORT”, the Customer must have an online banking account enabled for participation in “SOFORT”, identify themself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is then executed immediately by “SOFORT” and the Customer’s bank account is debited. The Customer can find more information about the payment method “SOFORT” at https://www.klarna.com/sofort/.
    5. If a payment method offered via the payment service “mollie” is selected, payment is processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie will be communicated to the Customer in the Seller’s online shop. For processing payments, mollie may use additional payment services for which specific payment terms may apply and to which the Customer may be separately informed. Further information about “mollie” is available at https://www.mollie.com/de/.
    6. If a payment method offered via the payment service “Adyen” is selected, payment is processed via the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: “Adyen”). The individual payment methods offered via Adyen will be communicated to the Customer in the Seller’s online shop. For processing payments, Adyen may use the services of third-party payment service providers for which specific payment terms may apply and to which the Customer may be separately informed. Further information about “Adyen” is available at https://www.adyen.help/hc/de.
    7. If a payment method offered via the payment service “Klarna” is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and the terms of Klarna can be found here: Payment methods

  5. Delivery and Shipping Terms

    1. If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for handling the transaction. By way of exception, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
    2. If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to outbound shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs, the rule in the Seller’s cancellation policy applies if the Customer validly exercises the right of withdrawal.
    3. If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands the item over to the forwarding agent, carrier or other person or institution entrusted with the execution of the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon handover of the goods to the Customer or a person authorized to receive them. By way of deviation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer even for consumers as soon as the Seller has handed the item over to the forwarding agent, carrier or other person or institution entrusted with the execution of the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution with the execution of the shipment and the Seller has not previously named this person or institution to the Customer.
    4. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the Seller’s fault and the Seller has concluded a concrete cover transaction with the supplier with the required care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
    5. Collection in person is not possible for logistical reasons.
    6. Vouchers are provided to the Customer as follows:
      • by e-mail

  6. Contract Duration and Termination for Subscription Contracts

    1. The right to extraordinary termination for good cause remains unaffected. Good cause exists if continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot be reasonably expected of the terminating party, taking into account all the circumstances of the particular case and weighing the interests of both parties.
    2. Terminations must be made in writing or in text form (e.g., by e-mail).

  7. Retention of Title

    If the Seller advances performance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

  8. Warranty (Liability for Defects)

    Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, in contracts for the delivery of goods:

    1. If the Customer acts as an entrepreneur,
      • the Seller has the choice of the type of subsequent performance;
      • the limitation period for defects is one year for new goods from delivery of the goods;
      • rights and claims for defects are excluded for used goods;
      • the limitation period does not begin anew if a replacement delivery is made in the context of liability for defects.
    2. The above limitations of liability and shortening of periods do not apply
      • to claims for damages and compensation of expenses by the Customer,
      • in cases where the Seller has fraudulently concealed the defect,
      • for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
      • to any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
    3. Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
    4. If the Customer acts as a merchant within the meaning of § 1 HGB, the commercial obligation to examine and give notice of defects pursuant to § 377 HGB applies to them. If the Customer omits the notification obligations regulated there, the goods shall be deemed approved.
    5. If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the carrier and to inform the Seller thereof. Failure to do so has no effect on the Customer’s statutory or contractual warranty rights.

  9. Liability

    The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and compensation of expenses as follows:

    1. The Seller is fully liable on any legal ground
      • in cases of intent or gross negligence,
      • for intentional or negligent injury to life, body or health,
      • based on a guarantee promise, unless otherwise stipulated in this regard,
      • under mandatory liability, such as under the Product Liability Act.
    2. If the Seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless liability is unlimited pursuant to the preceding paragraph. Essential contractual obligations are those obligations whose performance enables the proper execution of the contract in the first place and on whose compliance the Customer regularly relies.
    3. Otherwise, the Seller’s liability is excluded.
    4. The above provisions on liability also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

  10. Redemption of Promotional Vouchers

    1. Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only within the stated period.
    2. Individual products may be excluded from the voucher promotion if such restriction results from the content of the promotional voucher.
    3. Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
    4. Only one promotional voucher can be redeemed per order.
    5. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
    6. If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.
    7. The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
    8. The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
    9. The promotional voucher is transferable. The Seller may discharge its obligation by performance to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder’s lack of authorization, legal incapacity or lack of representative authority.

  11. Redemption of Gift Vouchers

    1. Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.
    2. Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
    3. Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
    4. Several gift vouchers can be redeemed in a single order.
    5. Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.
    6. If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.
    7. The balance of a gift voucher will neither be paid out in cash nor accrue interest.
    8. The gift voucher is transferable. The Seller may discharge its obligation by performance to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder’s lack of authorization, legal incapacity or lack of representative authority.

  12. Applicable Law

    1. All legal relations between the parties are governed by the law of the Swiss Confederation, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
    2. Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.

  13. Jurisdiction

    If the Customer acts as a merchant, a legal person under public law or a public-law special fund with its registered office in the Swiss Confederation, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its registered office outside the Swiss Confederation, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the foregoing cases, however, the Seller is in any case entitled to bring an action before the court at the Customer’s place of jurisdiction.

  14. Code of Conduct

  15. Alternative Dispute Resolution

    1. The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts to which a consumer is a party.
    2. The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.