General Terms and Conditions of Y/O/U Label GmbH, FN317641w, Amstettner Strasse 34, 3362 Mauer, Austria (hereinafter referred to as “Y/O/U”), and parties concluding contracts with Y/O/U via the website http://www.youpster.com, or otherwise using content of that web site provided by Y/O/U (hereinafter referred to as “contracting parties” or “users”)
- Scope of application
These General Terms and Conditions (hereinafter referred to as GTCs) apply toall contracts concluded via the Y/O/U website https://www.youpster.ie, irrespective of where the contracting party has its registered office. Y/O/U concludes all contracts exclusively on the basis of these GTCs and expressly does not accept any existing general terms and conditions or other general contractual conditions of contracting parties within the scope of application of these GTCs.
- Conclusion of a contract
All products and services available on the website https://www.youpster.ie constitute an offer to a prospective contracting party to conclude a contract subject to the condition precedent of receipt by Y/O/U of the purchase price payable to it. The purchase contract is therefore only formed once payment is received by Y/O/U.
- Right to cancel
If the contracting party of Y/O/U is a consumer within the meaning of the applicable provisions, he or she shall have a right to cancel, without the need to state reasons, within seven working days (not including Saturdays) following receipt of the items. It is expressly noted that the contracting party shall bear the costs for the return shipment. If any use of the returned product has resulted in a reduction in value, Y/O/U shall have the right to take such reduction in value into account when refunding the purchase price. Further details are available under the provisions regarding the right to cancel on the website https://www.youpster.ie under the menu item “CANCELLATION NOTIFICATION”.
Y/O/U is obliged to deliver only to the address specified by the contracting party, following receipt of payment. Y/O/U expressly disclaims all liability if the contracting party is unable to accept delivery or cannot accept it on time for reasons outside the influence of Y/O/U. All risk is transferred to the contracting party of Y/O/U at the time of the first attempted delivery by the delivery company engaged by Y/O/U.
- Due date
Y/O/U is obliged to dispatch the items upon receipt of payment from the contracting party or confirmation of receipt of payment from a third party engaged by Y/O/U.
Y/O/U shall bear the risk for the item purchased until the point in time specified in section 4.
- Liability for defects
Y/O/U shall be liable for defects in the item purchased solely pursuant to the mandatory provisions of law. Liability for any claim by the contracting party going beyond those provisions, where it does not result from gross negligence or intentional acts on the part of Y/O/U, employees of Y/O/U or third parties expressly engaged by Y/O/U, is expressly disclaimed. This applies in particular, but not explicitly, to improper handling by the contracting party of the item purchased.
- Liability for content
Where references are made on the website https://www.youpster.ie to third-party content, Y/O/U can accept no liability for such content.
- Data Protection
Y/O/U only uses information which is directly provided by users of the site https://www.youpster.ie. All information used by Y/O/U serves only to enable the user to use Y/O/U’s online content and to process orders.
Y/O/U does not pass on ANY DATA to third parties, either for marketing purposes or for any other reasons, unless Y/O/U is obliged to do so by a res judicata judgement by a court or by other mandatory legal provisions. As a basic principle, this also applies to companies affiliated with us.
The user may request at any time that Y/O/U erase all data stored by Y/O/U that you have provided to us. The request for erasure must be made by fax or registered letter. You do not need to state any reasons in your request for erasure.
Payments are processed over a secure connection directly via PayPal. Y/O/U has no influence over this. The data entered and transferred by a user for the purpose of payment processing are directly subject to the applicable terms and conditions of PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor, 22-24 Boulevard Royal L-2449 Luxembourg.
- Age limit
Y/O/U expressly does not conclude contracts with persons who have not yet reached the age of eighteen years without prior express written permission from a parent or guardian.
- Prohibition of set-off and retention
The defence of set-off against claims of Y/O/U and any right of retention to the item purchased by the contracting party are expressly excluded.
- Error or gross disparity (laesio enormis)
The contracting parties expressly waive their right to challenge these GTCs or a purchase contract concluded on the basis thereof on the grounds of error or gross disparity (laesio enormis), i.e. of more than half of the true value.
- Choice of law
Austrian law shall apply exclusively, but expressly excluding any application of the UN Convention on Contracts for the International Sale of Goods and of Austrian conflict of laws rules.
- Jurisdiction and venue
It is expressly agreed that exclusive jurisdiction and venue shall lie with the competent court in Sankt Pölten, Austria, unless mandatory consumer protection provisions require otherwise.