Last updated: March 15, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Application or App means the software program provided by the Company downloaded by You on any electronic device, named Yababa
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Business Customer is You (whether an individual, company or partnership) if you are using the Service in the conduct of your business or self-employed professional activity.
- Country refers to: Berlin, Germany
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Yababa GmbH, Rosenthaler Str. 13, 10119 Berlin, Germany.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Other Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Application.
- Promotion Vouchers mean vouchers which are issued free of charge by the Company within the framework of advertising campaigns (e.g. in the course of a referral program) with a certain validity period and which cannot be purchased by You
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing theuse of this Service and the agreement that operates between You and theCompany. These Terms and Conditions set out the rights and obligations of allusers regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Goods
By placing an Orderfor Goods through the Service, You warrant that You are legally capable ofentering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the informationYou supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Conclusion of contract
The presentation of the products in the Application does not constitute a legally binding offer, but merely an invitation to place Orders. By clicking “Place Order ” in the last step of the order process, You submit a binding offer for purchase of the Goods displayed in the order overview. Immediately after submitting the Order, you will receive an order confirmation, which however does not yet constitute the acceptance of Your contract offer. A contract comes into existence between You and Us as soon as we accept your Order by means of a separate email.
We reserve the right to refuse Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We will inform You with delay in case we have to refuse Your Order.
We reserve the right to refuse or cancel YourOrder if fraud or an unauthorized or illegal transaction is suspected.
Goods ordered from Us shall remain our property until full payment.
Your Order Cancellation Rights
As a consumer You have in accordance with the rules described below a right of cancellation. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
With regard to the inapplicability of the right of withdrawal under distance selling law, reference is made to the area exception of Section 312 (2) BGB, according to which food is excluded from withdrawal in accordance with Section 312 (2) No. 8 BGB for contracts for the supply of food, beverages and other household goods for daily use which are supplied at the consumer's place of residence, place of stay or place of work by businesses in the course of frequent and regular journeys.
Instructions on cancellation
Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of cancellation, you must inform us,
Rosenthaler Strasse 13
E-mail address: [email protected]
of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event no later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will not have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions on cancellation
Model cancellation form
(complete and return this form only if you wish to cancel the contract.)
Rosenthaler Strasse 13
I/we (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*), _________________________________________
Name of consumer(s)__________________________________________
Address of consumer(s)_______________________________________
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
Exclusion of the right of cancellation
The right of cancellation does not apply to contracts for the delivery of goods
- which are non-prefabricated goods made on the basis of an individual choice of or decision by the consumer;
- which are highly perishable, or which may quickly pass their expiration date;
- which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery.;
- which, according to their nature, are inseparably mixed, after delivery, with other items.;
- that are newspapers, periodicals or magazines; or
- in all other cases referred to in section 312g (2)BGB.
Our prices include statutory VAT at the rate applicable to the specific Good.
You will see the total value of the Goods of a basket and in the order summary as well as deliver charge.
All Goods purchased are subject to a one-time advance payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer.
If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
PromotionVouchers and Other Promotion
Tobe eligible to participate in any Promotion Vouchers or Other Promotions whichis stated to be intended for new customers or which is described as a “NewCustomer” or “Sign Up” offer (or similar), you must not previously have opened Our App/Services or any of our Services.
The identity of each participant in a Promotion Voucher or any Other Promotion will be determined from all or any combination of the following, but not limited to Name, email address, financials details, IP address and other forms of identification which may be required. We reserve the right to request further information from you if you wish to participate in certain Promotion Vouchers or Other Promotions.
Promotion Vouchers can only be redeemed in the Company’s online shop and only within the specified period. Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
Promotion Vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible. Only one Promotional Voucher can be redeemed per order. The value of the goods must least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Company. If the value of the Promotion Voucher is not sufficient to cover the order, one of the other payment methods offered by the Company may be selected to settle the difference.
The credit balance of a Promotion Voucher is neither paid out in cash nor bears interest. The Promotional Voucher will not be refunded if You return the goods paid for in full or in part with the PromotionalVoucher within the scope of his statutory right of withdrawal.
The Promotion Voucher is transferable. The Company can make payment with discharging effect to the respective owner, who redeems the Promotion Voucher in the online shop of the Company. This shall not apply if the Company has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity, or the lack of power of representation of the respective owner.
When You create an Accountwith Us, You must provide Us information that is accurate,complete, and current at all times. Failure to do so constitutes a breach ofthe Terms, which may result in immediate termination of Your Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-PartySocial Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other thanYou without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You may not hold more than one (1) Account in connection with your Use of Yababa App/ Services; only one user is permitted to access and use a single Account. In the event We discover that you have opened or attempted to open more than one (1) Account, We reserve the right to suspend or terminate your Account. Should we decide to leave one (1) Account open, it will be the first Account that you have opened with Yababa App/Services.If you notice that you have more than one (1)account under different names, You must notify Us immediately.If you attempt to open any additional Accounts after your original Account has been closed, We remain the right to exclude You from Our Services.
Fraudulent Behavior: Without limitation, We reserve the unfettered right to determine what constitutes “Fraudulent Behavior”, which includes but is not limited to instances where You have engaged in, or intend to engage in, fraudulent, dishonest, illegal, or improper activities while using the Yababa App/Services. Where Your conduct is deemed to constitute “Fraudulent Behavior” We, at our sole discretion, are entitled to take any action that We deem fit, which may include but is not limited to blocking our access to our platform/App/Service, terminating Your Account, revoking any promotions/vouchers that has been promised to You, and/or taking any legal proceedings that are deemed appropriate.
Anonymous Proxy Servers: You must not use anonymous proxy servers to hide your IP address from Us, whether electronically, physically or otherwise
Hacking: We strictly prohibit users of our Services from facilitating any viruses , Trojan horses, malware, worms or other computer programming routines that attempt toor may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or the Yababa App/Services.
Jailbroken, Rooted or Emulated Devices: The Yababa App/Services cannot be used on jailbroken, rooted or emulated devices. Such devices are vulnerable to malware attacks and viruses, thus pose a risk for the device in use and the Yababa App/Services. Installing and using the Yababa App/Services on such a device is a violation of these Terms. We shall in no way be liable for any action or task performed on and/or through jailbroken, rooted or emulates devices and any related liability shall be exclusively assumed by the user. We reserve the right to suspend or discontinue Your access to Yababa App/Services, in total or in part, for reasons relating to security, use and/or suspicions of use of prohibited jailbroken, rooted or emulated devices. Furthermore , We shall not be liable for any attempts by You to use Yababa App/Services by methods, means or ways not intended by Us.
Account Linking: If upon review, We determine You are controlling an Account that is linked to another account, We reserve the right to, in accordance with these Terms, suspend or terminate all of your Accounts. An Account is deemed to be “linked”to another account if We have reason to believe that both accounts are controlled by the same legal personality or group of legal personalities, including without limitation, individuals.
The Service and its original content (excludingContent provided by You or other users), features and functionality are andwill remain the exclusive property of the Companyand its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in anyFeedback You provide the Company. If for any reason such assignment isiffective, You agree to grant the Company a non-exclusive, perpetual,irrevocable, royalty free, worldwide right and license to use, reproduce,disclose, sub-license, distribute, modify and exploit such Feedback withoutrestriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
If the delivered Goods purchased are defective, You are entitled, within the scope of legal provisions, to request rectification, to cancel the contract or to reduce the purchase price.Any claims You might have to damages shall be subject to the limitations of liability as set out below.
We may terminate YourAccount by giving 10 days’notice or liability,tothe email address provided by You as part of the registration.
The statutory right of termination for any reason whatsoever, including without limitation if You breach these Terms and Conditions .cause shall remain unaffected.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
We are unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.
In cases of slight negligence, we are only liable if we have infringed a fundamental duty and if the purpose of the contract is threatened thereby or if we have infringed duties that have to be fulfilled for the duly contract implementation and if You generally rely on the fulfilment of these duties. In the aforementioned cases, we are only liable for foreseeable damages to Business Customers at the time the respective service was performed.
In all other cases our liability, and towards BusinessCustomers including our liability for consequential damage and lost profit, is excluded.
We will not be liable hereunder by reason of any failure to timely perform our duties hereunder due to an event beyond our reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.
If Our liability is excluded or restricted, this also applies to the personal liability of Our employees, representatives, and agents. The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects by Us, Our legal representatives or assistants in performance or under theGerman Product Liability Act.
Governing Law, Competent Courts
The laws of the Country, excluding its conflicts of law rules, under exclusion of the UN Convention on the International Sale of Goods (CISG),shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You are a corporation, limited liability company or commercial partnership or otherwise operate a commercial business (Kaufmann within the meaning of Sec. 1 (1) BGB (German Commercial Code)) or You are a legal entity or special fund organized under public law, the courts in Berlin, Germany, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
If You have any concern or dispute about theService, You agree to first try to resolve the dispute informally by contactingthe Company.
AlternativeSettlements of disputes
The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/. We are neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission or will do so voluntarily.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are notlocated in a country that is subject to the United Statesgovernment embargo, or that has been designated by the United States government "terrorist supporting" country, and (ii) You are not listed onany United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to beunenforceable or invalid, such provision will be changed and interpreted toaccomplish the objectives of such provision to the greatest extent possibleunder applicable law and the remaining provisions will continue infull force and effect.
Except as provided herein, the failure toexercise a right or to require performance of an obligation under this Termsshall not effect a party's ability to exercise such right or requiresuch performance at any time thereafter nor shall be the waiver of a breachconstitute a waiver of any subsequent breach.
These Terms and Conditions may have beentranslated if We have made them available to You on our Service.You agree that the original English text shall prevail in the case of adispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, tomodify or replace these Terms at any time. If a revision is material We will make reasonable efforts toprovide at least 30 days' notice prior to any new terms taking effect. Whatconstitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. We will inform You about this circumstance and its consequence in the notification on the changes to these Terms.
In the event of an objection to the changes in time, the original provisions shall remain unaffected and apply instead of the amended Terms; in this case, We shall be entitled to terminate Your Account extraordinarily within two weeks after Our receipt of the Your objection within the scope of a special right of termination.
If you have any questions about these Terms andConditions, You can contact us:
By email: [email protected]