Terms and Conditions of Business

These terms and conditions were translated with due care and attention. However, in the event of any dispute, the German original version shall be legally admissible.

1. Scope of validity

The respective current version of the terms and conditions effective at the time of ordering shall apply exclusively. Any varying conditions made by customers shall only be acceptable if we expressly agree to their validity. The text version of these terms and conditions can be downloaded and printed.

2. Conclusion of contract

The details provided on the website about our goods and prices are free and non-binding. A contract of sale is concluded at such time as we confirm that the goods have been delivered. Confirmation of receipt of the order does not constitute acceptance by us. Errors in writing and calculation shall entitle us to withdraw. We shall also be entitled to the right of withdrawal should the product ordered not be available. Any purchase price already paid shall be immediately refunded in such cases. All prices are stated in Euro. Special offers are limited to stocks being available.

3. Right of revocation

3.1 Conditions of revocation

Inasmuch as the party placing the order is a consumer, the agreement to the contract of sale may be revoked in writing (e.g. letter, E-mail) within two weeks without stating reasons. This period commences at the earliest following receipt of the goods. To maintain the right of revocation, it is sufficient to submit a revocation statement using the Return Merchandise Authorisation form. The revocation should be directed to:

Nepata Vertrieb GmbH
Hochstatt 6-8
85283 Wolnzach
Germany
Tel. 08442-9584040
E-Mail mail@y-o-w.com

Material that has been specifically cut or produced for a customer as well as unsealed software can not be returned.

3.2 Consequences of revocation

In the event of effective revocation, the contractual items performed by both parties shall be reciprocally returned and any benefit made thereby (e.g. interest) shall be passed to the other party. If the order value is in excess of € 40.00 the goods will be collected from the customer in Germany at no charge. In case of revocation from other countries the goods shall be returned at the customer’s expenses and in the original packaging. Should the contractual service performed only be returnable in part or in the form of deteriorated quality, you may have to provide us with compensation for loss of value. Revocation rights do not apply to software that has been unsealed by the customer. In the event of a product that is defective upon receipt, a product that is damaged during shipping (which has to be immediately confirmed to the carrier in writing upon receipt), an incorrectly delivered product or in the case of a claim under guarantee, an individual explanation clarification must be reached. This shall not apply to the handover of goods if the deterioration of the product can be exclusively traced back to its inspection - as would be possible in a retail store.

3.3 Companies and other non-consumers

Inasmuch as the party placing the order is a company, it is possible to return the goods within 10 working days following the invoice date. In this case, an administrative charge is payable amounting to 5% of the value of the goods in the case of devices or 10% of the value of the goods in the case of consumable material or textiles, which charge shall amount to at least 5 Euro. We reserve the right to claim for any loss in value in the case of items that have been used. In the case of guarantee claims, the terms of guarantee of the respective manufacturer are applicable. These conditions apply in Germany. It may be that different conditions apply in the case of other countries.

4. Delivery

Delivery is made ex stock to the address stated by the customer. Within Germany and Austria a delivery charge of € 7.00 applies. If it is only possible to make a part delivery, no further charges will be made for further deliveries. In the case of exceptionally heavy or bulky products we reserve the right to increase the delivery charge by arrangement with the customer. Should the goods be delivered to any other country at the request of the customer, or should the customer request a particular form of delivery, he shall be responsible for paying any additional charges incurred. In the case of delivery to any other country, the customer shall also bear the responsibility for paying such taxes or duty involved. Unless agreed to the contrary, all statements concerning delivery dates are non-binding.

5. Conditions of payment

The purchase price is payable in full without any deductions upon receipt of the goods. The customer is entitled to pay by bank transfer, COD or direct debit. Should the customer pay by COD we do, however, have to make a COD charge of € 6.00 in Germany and Austria and 30.00€ in other countries. Should the customer fall into arrears with payment, we shall be entitled to charge interest from the appropriate point in time at a rate of 5% above the basic interest rate of the European Central Bank (ECB). If we are able to prove additional damage due to delay in performance, we shall be entitled to enforce this. The customer is entitled to prove to us that no or less damage due to delay in performance has arisen as a consequence of payment in arrears. The customer shall only have the right of setting off if his counterclaims have been substantiated at law or recognised by us in writing. The customer shall only be entitled to a right of retention if his counterclaim refers to the same contractual relationship. These conditions apply in Germany. It may be that different conditions apply in the case of other countries.

6. Despatch and passing of risk

Risk passes to the customer as soon as the goods have been handed over to the carrier or left the premises of the vendor for delivery. Should despatch be delayed at the request of the customer, the risk shall be passed to him at such time that readiness for despatch is confirmed. Deliveries may be insured where required in the name of and the at the expense of the customer.

7. Guarantee / Liability

Inasmuch as the goods have any valid defect, we shall be responsible for rectification, excluding the right of the customer to withdraw from the contract or reduce the selling price, unless we are legally entitled to refuse subsequent fulfilment. The customer shall provide us a reasonable period for rectification. Rectification may be performed by repairing any damage or by delivering replacement goods, subsequent to the choice of the customer. During the rectification period, reduction of the purchase price and or withdrawal from the contract are not permissible. Rectification shall be deemed to have failed following the second unsuccessful attempt. Should rectification have failed, the customer is entitled to choose between a reduction in the selling price or to demand withdrawal from the contract. It is only possible for the customer to make claims for damages caused by faults after rectification has failed. The customer's right to make further claims for damages upon the following conditions is reserved. We accept unlimited liability in accordance with the law for loss of life, bodily or health impairment that can be traced back to negligent or wilful breach of duty by ourselves, our legal representatives or vicarious agents for damage which is covered by the product liability act, as well as for all damage that can be traced backed to intentional or grossly negligent breach of contract and malice by the aforementioned persons. Inasmuch as we have provided a guarantee for the constructional nature or durability of the goods or parts, we also accept liability within the scope of that guarantee. We only accept liability for damages connected with the constructional nature or durability but which have not yet become apparent within the goods if the risk of such damage is visibly covered by the constructional nature or durability guarantee. We also accept liability for damages that have been caused by simple negligence, inasmuch as this negligence refers to the violation of a substantial or material contractual duty. The same applies if the customer makes claims for damages instead of performance of duty. We only, however, accept liability if the damage is typically in connection with the contract and is foreseeable. Further liability by ourselves is excluded irrespective of the legal nature of the claim made, which shall in particularly apply to tortious claims or claims for replacement of futile expenses instead of performance, which does not affect our liability in accordance with section 5 of this contract. Inasmuch as our liability is excluded or limited, this shall also apply to the personal liability of our office staff, employees, workers, representatives and vicarious agents.

8. Reservation of title

We reserve title to the goods until payment from the contract has been made in full. The customer is obliged to inform us immediately in writing of all claims made by third parties, in particular in connection with debt enforcement, as well as other influences upon his claims to title. The customer is obliged to compensate all damage and costs arising from any violation of this obligation and resulting from any action taken by third parties. Should the customer act in violation of the contract, in particular by not fulfilling payment obligations despite our having issued reminders, we shall be entitled to withdraw from the contract following a reasonable time limit and to demand the return of the goods remaining in his ownership. Our taking back of the goods constitutes a withdrawal from the contract. Any transportation cost involved shall be borne by the customer. Our seizure of the goods constitutes a withdrawal from the contract. We are entitled to dispose of the goods following their returned receipt. The proceeds from any disposal shall be chargeable against liabilities - less reasonable charges for disposal.

9. Data protection

The customer has been advised in connection with the generation, processing and use of personal data under the section "Data protection" and expressly agrees to their generation, processing and use.

10. Applicable law and place of jurisdiction

German law applies, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods) The place of jurisdiction is Pfaffenhofen, inasmuch as legally admissible. These terms and conditions of business shall remain enforceable should any individual conditions of them prove to be legally inadmissible. Any ineffective conditions shall be replaced by such that are legally admissible.