General Terms and Conditions with Customer Information

Scope of Application
Conclusion of the Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Statutory Warranty)
Liability
Special Conditions for Processing Goods According to Customer Specifications
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of AS ECOM LLC, 1309 Coffeen Avenue, STE 1200, Sheridan, WY 82801, United States of America (USA), email: yamiaoffice@gmail.com (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or business (hereinafter “Customer”) with the Seller in respect of the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this regard.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

1.4 A business within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that completes the ordering process.

2.3 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 email), in which case receipt of the order confirmation by the Customer is decisive; or
By delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
By requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded when the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within this period, this constitutes rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

2.5 If the “Amazon Payments” payment method is selected, payment is processed through Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe User Agreement available at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” during the online ordering process, clicking the button completing the ordering process also constitutes a payment instruction to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer initiates the payment process by clicking the button completing the ordering process.

2.6 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and is sent to the Customer in text form (e.g., email, fax or letter) after the Customer submits their order. The Seller does not otherwise make the contract text available.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for identifying input errors is the browser's zoom function, which can enlarge the on-screen display. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 Orders are generally processed and contact is generally made by email and automated order processing. The Customer must ensure that the email address supplied for processing the order is correct so that emails sent by the Seller can be received at that address. In particular, if using spam filters, the Customer must ensure that emails sent by the Seller or third parties commissioned by the Seller to process orders can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller's online store.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.4 If a payment method offered through the “PayPal” payment service is selected, payment is processed through PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers PayPal payment methods for which it provides goods or services to the Customer in advance (e.g., purchase on account or payment by installments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method if the check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In that case, the Customer can discharge the payment obligation only by paying PayPal or the payment service provider commissioned by PayPal. However, even if the claim has been assigned, the Seller remains responsible for general customer inquiries, for example about goods, delivery times, shipping, returns, complaints, declarations or submissions of withdrawal, or credit notes.

4.5 If the “Sofortüberweisung” (instant bank transfer) payment method is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To pay the invoice amount via “Sofortüberweisung”, the Customer must have an online banking account enabled for participation in “Sofortüberweisung”, authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately and the Customer's bank account is debited. Further information on the “Sofortüberweisung” payment method is available at https://www.klarna.com/sofort/.

4.6 If a payment method offered through “Shopify Payments” is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller's online store. Stripe may use additional payment services for processing payments; special payment terms may apply to these services, and the Customer may be informed of them separately. Further information about Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.

4.7 If payment by credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Stripe reserves the right to carry out a credit check and refuse this payment method if the result is negative.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of goods, delivery takes place within the delivery area specified by the Seller to the delivery address indicated by the Customer, unless otherwise agreed. The delivery address provided by the Customer during order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. With regard to the initial shipping costs, this does not apply if the Customer validly exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal, the provisions on return shipping costs in the Seller's cancellation policy apply.

5.3 If the Customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the Customer only when the goods are handed over to the Customer or a person authorized to receive them. By way of exception, even for consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer when the Seller hands the goods over to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer has commissioned that forwarding agent, carrier or other person or institution to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract if the Seller does not receive correct or proper supplies from its own suppliers. This applies only if the Seller is not responsible for the failure to deliver and has concluded a specific covering transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without delay and any payment already made will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

By email.

6) Retention of Title

If the Seller delivers goods before receiving full payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Statutory Warranty)

Unless otherwise provided below, the statutory provisions governing liability for defects apply. The following exceptions apply to contracts for the delivery of goods:

7.1 If the Customer is acting as a business:

The Seller may choose the type of subsequent performance (remedy);
For new goods, the limitation period for claims relating to defects is one year from delivery of the goods;
For used goods, claims relating to defects are excluded;
The limitation period does not begin again if replacement goods are supplied as part of a remedy.

7.2 If the Customer is a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction in the following sentence: the limitation period for claims relating to defects is one year from delivery of the goods if this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The limitations of liability and shortened limitation periods set out above do not apply:

To the Customer's claims for damages and reimbursement of expenses;
If the Seller has fraudulently concealed the defect;
To goods that have been used for a building in accordance with their normal use and have caused the building to be defective;
To any obligation of the Seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.4 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial obligation to inspect and notify defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out there, the goods are deemed approved.

7.6 If the Customer is a consumer, the Customer is requested to report any obvious transport damage to the delivery agent and to inform the Seller. Failure to do so has no effect on the Customer's statutory or contractual rights in relation to defects.

8) Liability

The Seller is liable to the Customer for damages and reimbursement of expenses arising from contractual, quasi-contractual and statutory claims, including tort claims, as follows:

8.1 The Seller is liable without limitation on any legal ground:

In cases of intent or gross negligence;
In cases of intentional or negligent injury to life, limb or health;
Under a guarantee, unless otherwise agreed in this respect;
Under mandatory liability provisions, such as the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations imposed on the Seller by the content of the contract to achieve the purpose of the contract, the fulfillment of which makes proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely.

8.3 In all other respects, liability is excluded.

8.4 The above liability provisions also apply to the Seller's liability for its agents and legal representatives.

9) Special Conditions for Processing Goods According to Customer Specifications

9.1 If, in addition to delivering the goods, the Seller is contractually obliged to process goods according to certain specifications provided by the Customer, the Customer must provide all content necessary for processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The Customer alone is responsible for obtaining this content and acquiring the rights to it. The Customer represents and accepts responsibility for having the right to use the content provided to the Seller. In particular, the Customer must ensure that no third-party rights are infringed, including copyright, trademark and personal rights.

9.2 The Customer shall indemnify the Seller against third-party claims asserted in connection with infringement of those third parties' rights through the contractual use of content provided by the Customer. The Customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rates. This does not apply if the Customer is not responsible for the infringement. In the event of a third-party claim, the Customer must promptly provide the Seller, truthfully and completely, with all information necessary to examine the claim and defend against it.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates statutory or regulatory prohibitions or public morals. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

10) Redemption of Promotional Vouchers

10.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specified validity period and cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) may be redeemed only in the online store and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if such a restriction follows from the content of the Promotional Voucher.

10.3 Promotional Vouchers may be redeemed only before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Only one Promotional Voucher may be redeemed per order.

10.5 If the Promotional Voucher relates to a specific monetary value rather than a percentage discount, the value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

10.7 The credit balance of a Promotional Voucher will not be paid out in cash or earn interest.

10.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.

10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to a third party is excluded. The Seller is entitled, but not obliged, to verify whether the voucher holder is materially entitled to use it.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the Seller's online store (hereinafter “Gift Vouchers”) may be redeemed only in the Seller's online store unless otherwise stated on the voucher.

11.2 Gift Vouchers and any remaining balances on Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

11.3 Gift Vouchers may be redeemed only before the ordering process is completed. Subsequent offsetting is not possible.

11.4 Only one Gift Voucher may be redeemed per order.

11.5 Gift Vouchers may be used only to purchase goods and not to purchase additional Gift Vouchers.

11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

11.7 The credit balance of a Gift Voucher will not be paid out in cash or earn interest.

11.8 Gift Vouchers are transferable. The Seller may discharge its obligation by accepting redemption by the respective holder of a Gift Voucher in the online store. This does not apply if the Seller knows, or is grossly negligent in not knowing, that the holder is not entitled, lacks legal capacity or lacks authority to represent.

12) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.