Kitchen Tools

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Yuming Miao, trading under "Yuming Miao" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in their online store. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 An entrepreneur in the sense of these GTC is a natural or legal person or a legally recognized partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online store do not constitute binding offers from the Seller but serve as a basis for the submission of a binding offer by the Customer.

2.2 The Customer can 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 contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days:

by sending a written order confirmation or an order confirmation in text form (e.g., email), in which case receipt of the 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 placing the order.

2.4 When selecting PayPal as the payment method, payment processing is conducted via PayPal (Europe) S.à r.l. et Cie, S.C.A., under their applicable terms.

3) Right of Withdrawal

3.1 Consumers generally have the right to withdraw from the contract.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are indicated separately.

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

5) Delivery and Shipping Conditions

5.1 Delivery is made to the delivery address provided by the Customer, unless otherwise agreed.

5.2 If the delivery fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller.

6) Retention of Title

The Seller retains ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for Defects (Warranty)

7.1 For contracts with entrepreneurs, the following applies:

The Seller has the choice of remedy.
The limitation period for defect claims is one year from the delivery of goods.

7.2 For consumers, statutory warranty rights apply.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued by the Seller as part of promotional campaigns can only be redeemed within the specified period.

8.2 Vouchers cannot be redeemed for cash or exchanged.

9) Applicable Law

The legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr.

10.2 The Seller is not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.

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