General terms and conditions

Scope
For all business transactions between Yes for Winners Vertriebs GmbH (hereinafter referred to as “Yes for Winners”) and its customers in distance selling, these General Terms and Conditions (GTC) apply in the version valid at the time the contract is concluded. Differing terms and conditions will not be accepted unless Yes for Winners expressly agrees in writing to these differing conditions. By placing an order, the customers declare their agreement to these general terms and conditions. Changes to these terms and conditions will be posted on the Yes for Winners website at https://yesline.at and will be effective immediately.

Contract partners
Purchase contracts are concluded with Yes for Winners Vertriebs GmbH. Further information about the company can be found in the imprint.

Contract conclusion
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. After entering his personal data and by clicking the button “Send” in the final step of the ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart. The company Yes for Winners will immediately confirm receipt of the Customer’s purchase offer by electronic means (fax or e-mail). The purchase contract is concluded when Yes for Winners confirms acceptance of the order in writing within two weeks, the text of the contract (consisting of the order data and the terms and conditions) is saved by the Seller and sent to the Customer by e-mail, or the delivery is carried out. If, contrary to expectations, the items ordered are no longer in stock or no longer available, Yes for Winners is not obliged to execute the order. However, Yes for Winners will inform the Customer immediately if it does not wish to accept the order or cannot deliver. In case of typing, printing or calculation errors on the website, Yes for Winners is entitled to withdraw from the contract. The fulfilment of the contract shall be governed by the statutory provisions. Accordingly, a contract is only deemed to have been fulfilled when the Buyer has taken over the item and has paid the purchase price, including all ancillary expenses apparent from the purchase contract, to Yes for Winners in due time and the latter has duly delivered the purchased item to the Buyer or a person authorised by the Buyer. In case of delay in delivery, the buyer is entitled to withdraw from the contract after setting a reasonable grace period. In the event of late payment by the purchaser, Yes for Winners will charge interest on arrears at a rate of 4%. In case of delayed acceptance by the buyer, storage fees will be charged. Yes for Winners is then only liable to the purchaser for damage to the stored product caused by gross negligence.

Prices
All prices are final prices in Euro, i.e. they include the legal value added tax. Packaging and shipping costs will be charged separately and invoiced to the customer.

Delivery

We deliver our goods free of shipping costs within Austria to your home.
Foreign delivery on request.

The delivery takes place from the registered office of the company Yes for Winners in 8272 Sebersdorf to the delivery address indicated by the customer. Transport and other damages must be reported by the buyer immediately after receipt of the goods. Transport damage must be reported immediately to the responsible transport company and confirmed in writing; the original packaging with all shipping documents must be retained. The risk shall pass to the customer as soon as the delivery has been handed over to the company commissioned with the shipment. This also applies if partial deliveries are made. Yes for Winners reserves the right to choose the method of dispatch, unless a specific method of dispatch has been agreed with the Customer in writing in advance. Information about the delivery period is always non-binding, unless, in exceptional cases, a specific delivery date has been expressly promised.

Shipping and handling
Shipping costs for foreign deliveries are added to the stated product prices. Further details on the delivery and shipping costs are listed separately.

Payment
The purchase price is due immediately with the order. The customer can pay the purchase price 1. by bank transfer – immediate payment before delivery or 2. pay by credit card transfer before delivery.

Offsetting, retention
The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the user. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship, is undisputed or has been legally established.

Reservation of ownership
The delivered goods remain the property of Yes for Winners until all claims against the Customer arising from the business relationship have been paid in full by the Buyer. Should the Customer sell the delivered goods, he already now assigns the purchase price claim against the Buyer to Yes for Winners.

Right of withdrawal/cancellation
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods; to exercise your right of withdrawal, you must

Yes for Winners
8272 Sebersdorf
Sebersdorf 254
E-Mail: yesline@yesforwinners.com
Fax: +43 3333 26005 15

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample revocation form below, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. The right of withdrawal or revocation does not apply to distance contracts for the delivery of goods that have been produced according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature (special orders).

Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. You bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

Guarantee
The customer must carefully check the delivery immediately after receipt. Noticeable defects must be notified in writing within 8 days of receipt of the goods. If obvious defects are not reported within 8 days of acceptance of the goods at the latest, the goods shall be deemed approved with regard to these defects or the agreed area of use. Should the goods be defective, Yes for Winners is obliged to rectify the defect or to deliver new, defect-free goods. The warranty exists for a period of 24 months, whereby the customer must prove after 6 months that the defect already existed at the time of delivery. However, Yes for Winners is entitled to refuse the chosen type of supplementary performance if this can only be carried out at disproportionate cost and if the other type of supplementary performance would not result in significant disadvantages for the Customer. If the supplementary performance has failed, the customer may declare withdrawal from the contract or demand a reduction of the purchase price.

Liability
Yes for Winners excludes its liability for slightly negligent breaches of duty, as long as these do not relate to essential contractual obligations, damages from injury to life, body or health or guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by vicarious agents.

Place of fulfillment
Place of performance and jurisdiction is Fürstenfeld. Austrian law is applicable.

Severability clause
Should individual provisions of these general terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provision.

Download cancellation form