General Terms and Conditions
These Terms and Conditions (GTC) apply to all business transactions between the Yes for Winners Vertriebs GmbH (hereinafter referred to as “Yes for Winners”) and its distance customers, in the form that was currently valid at the time of conclusion of the contract. Any other terms and conditions will not be recognized unless Yes for Winners expressly agrees in writing to these other conditions. The placing of an order by the customer constitutes agreement to these terms and conditions. Changes to these terms and conditions will be published on the website of Yes for Winners http://www.yesline.at and will thereby come into effect.
The purchase agreements are made with Yes for Winners Vertriebs GmbH. More detailed information on the company can be found in the imprint.
Conclusion of Contract
The presentation of products in our online shop does not constitute a legally binding offer; it is only a non-binding online catalogue of products. After entering their personal data, the customer makes a legally binding contractual offer in relation to the goods contained in the basket by clicking the “Submit” button in the final step of the ordering process. The Yes for Winners Company will confirm receipt of the customer’s offer to purchase by electronic means (fax or email). The purchase contract is concluded when Yes for Winners confirm their acceptance of the order within two weeks in writing, by the contract text (consisting of the ordering data and the GTC) being saved by the seller and sent to the customer by e-mail, or delivery is completed. If, contrary to expectations, the article ordered is no longer in stock or is no longer deliverable, Yes for Winners is not obliged to execute the order. However, Yes for Winners will inform the customer immediately if they do not want to accept the order or cannot deliver. In the case of mistakes, misprints and calculation errors on the website, Yes for Winners is entitled to withdraw. The performance of the contract is subject to the statutory provisions. Accordingly, a contract shall only be deemed to have been executed if the buyer has taken over the article and has paid the purchase price and all ancillary charges apparent in the purchase contract to Yes for Winners in a timely manner and the latter has delivered properly the object of purchase to the purchaser or a person authorized by the purchase. If delivery is delayed, the buyer is entitled to rescind the contract after setting a reasonable grace period. In the event of a delay in payment by the purchaser, Yes for Winners will charge interest at the rate of 4%. In case of delayed acceptance by the buyer, storage fees will be charged. Yes for Winners shall only be liable to the buyer for damages caused to the stored product by gross negligence.
All prices are retail prices expressed in Euro, i.e. they include VAT. Packaging and shipping costs will be billed separately and charged to the customer’s account.
We deliver our products to your home on the basis of free delivery within Austria.
Delivery abroad on request.
Delivery is from the office of the Yes for Winners Company at 8272 Sebersdorf in Austria to the delivery address given by the customer. Transportation and other damage must be notified by the buyer immediately after receipt of the goods. Transport damage must be reported to the relevant transportation company immediately and must be confirmed in writing. The original packaging with all shipping documents must be retained. The risk passes to the customer as soon as the consignment has been handed over to the company entrusted with its delivery. This also applies if partial deliveries are made. The choice of delivery method remains reserved to the Yes for Winners Company, unless a specific delivery method is previously agreed with the customer in writing. Information given about the delivery period is not binding, unless in exceptional cases a specific delivery date has been expressly promised.
Shipping costs will be added to the stated product prices for deliveries outside Austria. Further details on shipping & delivery cost are listed separately.
The purchase price is due immediately with the order. The customer may: 1. Pay the purchase price by bank transfer – immediate payment before delivery or 2. Pay by credit or debit card before delivery.
Offset, Right of retention
The customer only has right to offset if his counterclaims are legally established or recognized by the user. The customer is only entitled to exercise a right of retention insofar as his counter-claim is based on the same contractual relationship, is undisputed or legally binding.
Retention of title
The delivered goods remain the property of Yes for Winners until full payment has been made by the buyer of all existing claims against the customer arising from the business relationship. Should the customer sell the goods, he cedes the purchase price claim against the buyer to Yes for Winners.
Right of Withdrawal/Cancellation
You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period shall be fourteen days from the date on which you, or a third party representative of yours other than the carrier, have or has taken possession of the goods. To exercise your right, you have to
Yes for Winners
Fax: +43 3333 26005 15
inform us by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to cancel this contract. You may use the attached sample cancellation form, but this is not compulsory. In order to meet the cancellation deadline, it is sufficient to send a notification stating that you wish to exercise your cancellation rights before the cancellation period expires. The withdrawal or cancellation does not apply to distance contracts for the delivery of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable for returning due to their condition (special orders).
Consequences of cancellation
If you withdraw from this contract, we have to refund all payments we have received from you, including shipment charges (with the exception of additional costs arising when you choose a different delivery method to the most cost-efficient standard delivery offered by us), immediately and at the latest within fourteen days from the day we received the notification that you are withdrawing from this contract. We will use the same payment method for the refund that you selected in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged a fee for this refund. We may refuse to make the refund until the goods have been returned to us, or until you have provided evidence that you have shipped the goods, whichever comes first. You must ship or deliver the goods back to us immediately and in any event no later than fourteen days from the date on which you notify us that you are cancelling this contract. The deadline shall be considered as having been met if you ship the goods before the fourteen-day period has expired. You will be responsible for bearing the direct cost of returning the goods. You only need to pay for any loss in the value of the goods if this loss in value is the consequence of any handling of the goods other than that which is necessary for testing their condition, characteristics, and functions.
The customer must check the consignment thoroughly immediately upon receipt thereof. Obvious defects must be reported in writing within 8 days after receiving the goods. If obvious defects are not reported at the latest within 8 days from receipt of goods, the goods shall be deemed approved with regard to these defects or the agreed range of application. Should the goods be defective, Yes for Winners is committed to remedy the defect or to deliver new, defect-free goods. The warranty is for a period of 24 months. However, after 6 months the customer must prove that the defect already existed at the time of handover. However, Yes for Winners is entitled to refuse the selected type of remedy, if this can be done only at disproportionate cost and if the other types of remedy would imply no significant disadvantages for the customer. If the remedy fails, the customer can withdraw from the contract or demand a reduction in price.
Yes for Winners exclude their liability for negligent breach of duty unless they relate to contractual obligations, damages resulting from injury to life, limb or health, or guarantees or requirements under the Product Liability Law are affected. The same applies to breaches of duty by vicarious agents Place of performance
The place of performance and jurisdiction is Fürstenfeld. There Austrian law applies.
If any provision of these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The ineffective provision is replaced by the statutory provision.