§ 1 Validity

The goods, services and offers of the yellow tools Online Shop can be ordered only by end customers under the following terms as published at the time of placing the order.
Yellow tools cannot accept any changes to these terms, unless prior written acceptance of such changes has been obtained from us.

§ 2 Placing an order and processing of orders
Cleverbridge AG and the KuK GmbH are our services partner in matters concerning the receiving and processing of orders. Cleverbridge acts in the name of yellow tools in the processing of your order, including in the issuance of invoices.
A contract concerning delivery of goods or services only comes into effect once we have accepted an order for either delivery of goods or services or have notified a customer of a delivery. This applies also to "online" deliveries, i.e. electronic delivery of goods or services through a network, e.g. the Internet. This means that any information supplied by us before or during the ordering process regarding goods, their availability and their prices is not binding.
The offers in the yellow tools Online Shop are always subject to change unless clearly stated otherwise. We reserve the right to make improvements or minor changes to the execution of delivery.

§ 3 Cancellations
The Customer has the right to cancel any pending orders - without giving any reasons - up to 2 weeks after receiving the goods. Canceling an order within this period terminates the order. To meet this deadline, it is sufficient to send your cancellation within the cancellation period. The Customer may cancel the order in writing or any other permanent method of data transmission e.g. by sending a letter, fax or e-mail. The Customer may also cancel the order by returning the goods.
As soon as you open the seal or wrapping of the software product or you install and activate the software you lose the right to cancel the order. There is no right of cancellation of orders for any goods or services supplied via instant delivery/download due to the nature of these products. Statutory cancellation rights are also not applicable to any product which is tailored to your personal needs.
Returning the goods is permitted only if you send the products to the appropriate mailing address, the products are still packaged in the original wrapping and include the complete contents of the products.
To make use of your cancellation rights, please phone our Customer Support Center to determine the details for returning the products.
Whenever an order has been cancelled within the cancellation period, any money already paid to us will be refunded by crediting the bank or credit card account specified in your order, or by sending you a check (cheque) for the appropriate amount.
When returning goods from orders totaling less than EURO/US$100 any transport cost must be covered by the customer, unless the goods supplied did not correspond to the goods originally ordered. When transferring the right of use of goods, the customer entitled to cancel a particular order will cover all costs incurred from the time the goods were received to the time when the order was cancelled. If the customer is directly responsible for any damage to, destruction of or loss of the goods for which the customer is entitled to a cancellation, the customer must cover any incurred loss of value.

§ 4 Delivery
After submitting your order, you´ll receive an automatic confirmation email with your order data. Your physical products gets shipped after the payment receipt to the delivery address you indicated. Download products can get downloaded immediately after the payment receipt.
Goods or services will normally ship within 24 hours after we have received the payment. After your order is shipped, you´ll receive an email with the shipment info and the estimated time of delivery. Orders will be sent by various carries of our choice. Delivery dates are binding only when confirmed as such explicitly and in writing by yellow tools.

§ 5 Payment
Orders from the European Union include 19% VAT.
For international orders additional import duties or taxes may incurre. Yellow tools can't influence these costs and yellow tools will NOT pay these additional import duties or taxes. With the order in our online shop the customer agrees to be responsible for any import duties or taxes which are not included in our shipping charges.
The purchase price of the goods or services is due as soon as you have placed the order and is payable in advance. The payment process is managed by the Cleverbridge AG. You can pay with credit card, PayPal, wire transfer, check/money transfer and cash. Some customer data is sent to the contractual partner institution authorizing the credit card for verification purposes.
If you have selected the payment methods electronic money transfer, you will receive a payment request, either in an email or in the regular post. The processing time for these payment methods is normally 3 - 4 working days.
The shipping of the products will take place as soon as your payment is received.

§ 6 Ownership
Delivered goods and services remain the property of the yellow tools GbR until all demands on the orderer have been fulfilled.

§ 7 Warranty and Liability
Please check delivered goods for obvious defects.
By opening the original packaging or downloading the product you accept copyrights as well as warranty restrictions.
Should you find any defect of the merchandise during the two-week warranty period, then yellow tools at its sole discretion will either replace the merchandise or remove any defects. Should we be unable to do so within an acceptable period of time, you are entitled to cancel your order or demand an appropriate lowering of the purchase price.
We are liable for the culpable breach of fundamental contractual obligations (so-called cardinal obligations) and the absence of any promised qualities. Otherwise, we are liable only within the limits set by applicable liability laws or - for whatever legal reason - when any damages were caused with intent or gross negligence by us or one of our affiliates. Neither we nor our affiliates are liable in any case not described above.
In case of culpable breach of cardinal obligations without intent or negligence on our part, we or our affiliates will be liable only to the extent of typically foreseeable damages and not for damage not incurred to the delivered merchandise itself.
The risk of loss is transferred to you once the merchandise has been delivered to you. This also applies with part deliveries. If you are buying software via electronic delivery (Instant Delivery), we carry the risk of loss until the software has been fully transferred to your computer.

§ 8 Your Rights
The customer's rights concerning refunds of all or part of a payment are valid only when such rights were legally confirmed or were accepted by us in writing. The orderer's right to retention is valid only provided claims are based on the same contract.
The preferred method of written communication is email and is held to be equal in status to letters transmitted through the postal service. The term "correspondence" below is taken to include email.
Deadlines are taken, insofar as is not otherwise mutually agreed, to always mean the date of receipt by the recipient. As far as email is concerned, the date of receipt is considered to be the date of dispatch. If there is disagreement about the date of dispatch, the time of receipt is taken as the receipt of the message on the target email server.

§ 9 Data Protection
The order is handled by means of automatic data processing. By placing an order, you expressly consent to the processing of the data made known to us within the scope of contractual relations and necessary for handling the order. This data will of course be treated as confidential. You consent to us or our partner companies EasyDebit and KuK GmbH passing on this data to credit institutions or contractual partners if this aids processing your order, unless you object to such passing on of your non-personal data in writing.

§ 10 Export restrictions
The products of the company yellow tools, incl. the given documentation, and also the products that are manufactured with it's assistance, are NOT subject to any export restricitions.

§ 11 Applicable laws and court of jurisdiction
The law of the Federal Republic of Germany applies in exclusion of UN buying law, even when the order is placed in another country or the order is to be delivered into another country. If you are resident outside Germany, or if your usual place of abode is outside Germany, the court of jurisdiction for all claims in relation to your order is in Karlsruhe. In the event of a legal dispute, the official address is yellow tools GbR, Richard-Wagner-Str. 14, 76185 Karlsruhe, Deutschland.