Terms And Conditions

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General Terms and Conditions with Customer Information

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Table of Contents
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1. Scope
2. Conclusion of Contract
3. Sale on Approval
4. Right of Withdrawal
5. Prices and Payment Conditions
6. Delivery and Shipping Conditions
7. Granting of Usage Rights for Digital Content
8. Granting of Usage Rights for License Keys
9. Retention of Title
10. Liability for Defects (Warranty)
11. Redemption of Promotional Vouchers
12. Alternative Dispute Resolution
13. Cancellation Fees and Termination Conditions for the Monthly AI Assistance Subscription
14. Minimum Turnover for White Label Solutions

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of younea S.à r.l. / GmbH (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 displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of tickets, unless otherwise stipulated. These GTC only govern the sale of tickets for specific events described in detail in the Seller’s product description, not the execution of these events. Execution of the events is governed solely by statutory provisions and any differing terms of the event organizer. Unless the Seller is also the organizer, the Seller is not liable for proper execution of the event.

1.3 These GTC also apply to contracts for the provision of digital content, unless otherwise stipulated. Digital content refers to data created and provided in digital form.

1.4 These GTC also apply to contracts for the provision of license keys. The Seller owes the provision of a license key for the use of the described digital content or services (“digital products”) and the granting of the agreed rights of use. The Customer does not acquire intellectual property. The description of the digital product is decisive for its nature.

1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.6 An entrepreneur is a natural or legal person or partnership with legal capacity who, at the time of concluding a legal transaction, is acting in the course of their trade or profession.

1.7 The subject matter of the contract may be the one-time provision or the regular provision of digital content (“subscription contract”). In a subscription contract, the Seller agrees to provide the digital content at the agreed intervals for the agreed term.

1.8 The seller mainly offers white label partnerships and customised solutions for major customers. The end customer prices stated on the website for end customers relate exclusively to the independent use of the products offered. This includes in particular the fully independent processing of the bot, including the insertion of prompts, maintenance of the knowledge database and error-free commissioning by the customer. Support from the seller – for example in the event of technical problems, individual advice or connection to interfaces – will be invoiced separately for B2C.

2) Conclusion of Contract 2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to submit 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 shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.

2.3 The Seller can accept the Customer’s offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after placing their order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contract text will be stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been sent. Beyond this, the Seller will not make the contract text accessible. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.5 Before the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the Seller’s online shop.

2.7 The order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered if SPAM filters are used.

3) Sale on Approval 3.1 If the “Order on Approval” (sale on approval) option is selected, the contract is concluded under the condition that the Customer approves the ordered goods within a period of fourteen days by express declaration (e.g., letter sent by mail, fax, or e-mail) to the Seller or does not reject the goods already delivered within this period. The approval period begins on the day following the receipt of the goods by the Customer.

3.2 During the approval period, the Customer is entitled to examine the delivered goods with regard to their quality, characteristics, and functionality and to store them for this purpose. The Customer must handle the goods with care considering a potential return obligation. If the Customer uses the goods in a way that is not necessary for checking their condition, properties, and functionality, they must compensate for any loss in value.

3.3 If the Customer approves the goods within the approval period or does not reject them, they are obligated to pay the agreed purchase price. In this case, the Customer must transfer the agreed purchase price immediately, but no later than within seven days, to the Seller’s bank account, unless otherwise agreed. The payment period begins the day after the Customer’s approval declaration or—if no express approval is given—on the day after the end of the approval period. Timely receipt of payment in the Seller’s bank account is decisive for meeting the deadline.

3.4 If the Customer rejects the goods within the approval period, they must return the goods at their own cost within seven days unless otherwise agreed. The return period begins the day after the Customer’s declaration of rejection. Timely dispatch of the goods by the Customer is sufficient to meet the deadline. The Customer must use appropriate packaging to avoid transport damage.

3.5 If the Customer culpably breaches their duty of care and/or return obligation, they shall be liable to the Seller for any resulting damage.

3.6 The Customer’s statutory right of withdrawal remains unaffected by the above provisions.

4) Right of Withdrawal 4.1 Consumers generally have a right of withdrawal.

4.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

4.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of concluding the contract is outside the European Union.

5) Prices and Payment Conditions 5.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices and include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

5.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, fees for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds if the delivery does not take place in a country outside the European Union but the Customer makes the payment from a country outside the EU.

5.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

5.5 If the “SOFORT” payment method is selected, payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). To pay the invoice amount via “SOFORT,” the Customer must have an online banking account enabled for participation in “SOFORT,” legitimize themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction will be carried out immediately afterward by “SOFORT” and the Customer’s bank account will be debited. More information about the “SOFORT” payment method is available at https://www.klarna.com/sofort/.

5.6 When selecting the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification has expired. The direct debit is collected when the ordered goods leave the Seller’s warehouse, but not before the pre-notification period has expired. Pre-notification is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit via SEPA direct debit. If the direct debit cannot be processed due to insufficient funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although not entitled to do so, the Customer must bear the fees incurred by the respective credit institution due to the chargeback if they are responsible. The Seller reserves the right to conduct a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the result is negative.

5.7 When choosing the direct debit payment method, payment will be processed via PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which is authorized by the Seller to collect the claim in its name. PAYONE GmbH will collect the invoice amount from the Customer’s bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification has expired. The Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes), even when selecting the PAYONE direct debit option.

5.8 When choosing the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. Payment processing by credit card is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which is authorized by the Seller to collect the claim in its name. PAYONE GmbH will charge the invoice amount to the credit card account provided by the Customer. The credit card will be charged immediately after the Customer’s order is submitted in the online shop. The Seller remains responsible for general customer inquiries even when using PAYONE’s credit card processing.

5.9 When selecting a payment method offered via the “Klarna” payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms can be found here: /payment-options/

5a) Consequences of Late Payment 5a.1 SEPA Direct Debit Returns: – A processing fee of €30 is charged for SEPA direct debit returns.

5a.2 Multiple SEPA Direct Debit Returns: – If a SEPA direct debit is returned three times, the full contract amount becomes immediately due.

5a.3 Default Interest: – If the amount is not paid by the due date, default interest of 10% per week will be charged.

5a.4 Installment Payments: – In the case of installment payments, if one installment is more than 14 days overdue, the full outstanding amount becomes due immediately.

5a.5 Enforcement Costs: – In the event of enforcement, all costs shall be borne by the paying party.

5a.6 Note: – It is important to include the customer or invoice number in all communications.

6) Delivery and Shipping Conditions 6.1 If the Seller offers the shipment of goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided in the Seller’s order processing is decisive for the transaction.

6.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply with regard to the shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of a valid withdrawal, the provisions in the Seller’s cancellation policy apply.

6.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and deterioration shall pass to the Customer, even if acting as a consumer, as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, provided that the Customer has commissioned such person or institution and the Seller has not previously named this person or institution to the Customer.

6.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make every reasonable effort to obtain the goods. In case of non-availability or partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

6.5 Self-collection is not possible for logistical reasons.

6.6 Tickets will be provided to the Customer as follows: – by download – by email

6.7 Digital content will be provided to the Customer as follows: – by download – by email

6.8 License keys will be provided to the Customer as follows: – by email

7) Granting of Usage Rights for Digital Content 7.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unrestricted right to use the provided content for private purposes only.

7.2 Transferring the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to the transfer of the license to the third party.

7.3 Insofar as the contract concerns the one-time provision of digital content, the granting of rights shall only become effective once the Customer has paid the owed remuneration in full. The Seller may provisionally permit use of the contractual content before this time. Such provisional permission does not constitute a transfer of rights.

8) Granting of Usage Rights for License Keys 8.1 The provided license key entitles the Customer to use the digital product indicated in the respective product description of the Seller to the extent described therein.

8.2 Insofar as the license key relates to the one-time provision of digital content, the granting of rights shall only become effective once the Customer has paid the owed remuneration in full.

9) Retention of Title If the Seller provides goods in advance, ownership of the delivered goods remains with the Seller until the purchase price owed has been paid in full.

10) Liability for Defects (Warranty) Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, contracts for the delivery of goods shall be governed by the following:

10.1 If the Customer acts as an entrepreneur:

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• rights and claims for defects in used goods are excluded;
• the limitation period does not start anew if a replacement is delivered within the scope of liability for defects.

10.2 The above-mentioned limitations of liability and shortening of time limits shall not apply:

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods which have been used in accordance with their usual purpose for a building and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

10.3 For entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

10.4 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer and inform the Seller. Failure to do so will have no effect on the Customer’s statutory or contractual claims for defects.

11) Redemption of Promotional Vouchers 11.1 Vouchers issued by the Seller free of charge as part of promotional campaigns and with a certain validity period (hereinafter “promotional vouchers”) and which cannot be purchased by the Customer, can only be redeemed in the Seller’s online shop and only during the specified period.

11.2 Certain products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

11.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one promotional voucher can be redeemed per order.

11.5 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining credit will not be refunded by the Seller.

11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

11.7 The credit of a promotional voucher will neither be paid out in cash nor will it earn interest.

11.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

11.9 The promotional voucher is intended for use by the person named on it. Transfer of the voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

13) Cancellation Fees and Termination Conditions for the Monthly AI Assistance Subscription

13.1 Cancellation Fee: For contracts canceled after issuance, a cancellation fee of 30% of the total amount will be charged.

13.2 Termination Conditions: In the first three months, the monthly AI assistance subscription can be extraordinarily terminated with a notice period of two weeks to the end of a month. After the initial three months, the subscription continues with a fixed contract term of 12 months. The contract is automatically extended for another 12 months unless it is terminated in writing at least two months before the end of the respective contract term.

13.3 Note on Reimbursement of Setup Fees: The one-time setup fees paid are non-refundable.

14) Minimum Turnover for White Label Solutions

14.1 The minimum turnover for white label solutions in the AI assistance service is at least 3 combined licenses, i.e., LetzTalk and LetzChat each used 3 times per month.