Terms & Conditions

Valid from: 5, August 2009

§ 1 Preface, Scope
(1) The following terms and conditions (Terms) govern the contractual relationship between Natural Born Yogi and the consumers and corporate clients who use the Internet site of Natural Born Yogi (the "Purchaser"). The terms and conditions apply to the use of the site naturalbornyogi.com and all belonging to this sub-domains. Relevant is valid at the time of the contract's completion.

(2) Within these conditions are natural persons who deal with Natural Born Yogi into a business relationship without having to their commercial or professional activities are attributed.
Entrepreneur in the meaning of these terms and conditions are natural and legal persons or legal entity who connect in their commercial or independent professional activity with Natural Born Yogi into a business relationship.

§ 2 Conclusion of Contract
(1) The offers of Natural Born Yogi on the Internet represent a non-binding request to the buyer to order from Natural Born Yogi goods.

(2) By placing an order to purchase goods on the Internet, the Customer makes a binding offer to conclude a sales contract.

(3) Natural Born Yogi is entitled to accept this offer within 3 days by sending an order confirmation. The order confirmation will be sent by e-mail. After the fruitless expiry of the sentence 1 deadline, the offer is rejected.

§ 3 Payment, Due Date, Late Payment
(1) The payment for the goods is in advance (bank transfer) or via PayPal. We reserve the right to accept in a particular case or exclude certain payment.

(2) In case of advance payment and by PayPal the buyer agrees to the purchase price paid immediately upon contract.

(3) If the buyer is in default, he is responsible for any negligence. He remains liable for performance for random, unless the damage would have occurred even with timely performance.

(4) The purchase price must pay interest during the delay. The interest rate for five percentage points above the prime rate. In legal transactions, in which a consumer is not involved, the interest rate eight percentage points above the prime rate.

(5) A claim for further damages is not excluded.

§ 4 Delivery
(1) Delivery is available by sending the purchased item to the address given by the buyer.
(2) The Customer is liable to pay handling and shipping costs. For international deliveries, unless otherwise specified, the price for shipping and handling is charged by weight. If the Customer requires a special type of shipment, for the higher costs, he has to bear these additional costs.
(3) If the buyer purchased for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the goods purchased devolve to him, as soon as Natural Born Yogi has delivered the purchased item to the carrier or other authorized person or institutions.

§ 5 Retention of title
The purchase remains until the complete payment property of Natural Born Yogi. Before transfer of a pledge, transfer, processing or alteration without express permission from Natural Born Yogi prohibited.

§ 6 Prices
The respective bid price for the purchased item is a final price including any applicable sales tax and other price components. The price does not include Shipping Costs.

§ 7 Withdrawal
(1) Natural Born Yogi is entitled to rescind the contract with respect to the outstanding part of the delivery or if false information has been made about the creditworthiness of the buyer or reasons for the insolvency of the buyer caused, for example, the opening of insolvency proceedings the assets of the buyer or the dismissal of such application due to lack of funds. The buyer will be provided before withdrawal, the option to make an advance payment or provide adequate security.

(2) Without prejudice to any claims for damages in the case of partial withdrawal has already paid part shall be settled according to contract and pay.

§ 8 Right of withdrawal
(1) Right of Revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 2 weeks. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.

The revocation is to be addressed to:
Natural Born Yogi GmbH
Arnpeckstr. 9
81545 München
Germany

info@naturalbornyogi.com

(2) Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

§ 9 return costs
When the consumer uses his right of withdrawal according to § 8, he has to bear the costs of returning the goods if the delivered goods equates to the ordered and if the price of the goods to be returned does not exceed 40, - € or if at a higher price of the purchased item at the time of the cancellation, compensation or a contractually agreed part payment is not yet provided.

§ 10 Warranty

(1) Warranty for consumers

a) Natural Born Yogi is responsible for ensuring that the product is free of defects at handover. If within six months after delivery of the goods purchased a defect occurs, it is presumed that this defect was present at time of delivery, unless this presumption is incompatible with the nature of the goods purchased or defect. If the defect becomes apparent after the expiration of six months, the buyer must prove that the defect existed at the time of delivery the goods.

b) If the object of purchase is faulty by handover, the buyer has the choice of whether the remedy by repair or replacement. Natural Born Yogi has the right to refuse the remedy selected if it is only possible with disproportional costs and the other kind of supplementary performance without significant disadvantages for the buyer.

c) If the remedy fails, the buyer generally require a reduction of the purchase price (reduction) or cancellation of the contract (withdrawal), as well as damages. In case of minor defects, the buyer has no right of rescission.

d) Claims of the Customer's statutory limitation period of two years, the sale of used goods in a year.

(2) Warranty for entrepreneurs

a) If the purchase is for Natural Born Yogi and the buyer a commercial transaction, the buyer of the goods must inspect immediately for quality and quantity variances and notify in writing apparent defects to Natural Born Yogi within a period of one week from receipt of the item, otherwise the assertion of the warranty excludes. Hidden defects are notify in writing to Yogi Natural Born within a week from discovery. To comply with the deadline timely dispatch is sufficient. The buyer is in this case, the burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the complaint.

b) In case of defects Natural Born Yogi will warrant at its own option by repair or replacement
c) The buyer's claims time-barred due to defects in one year.
3) If Natural Born Yogi supplies in purpose of repair a defect-free object of purchase, Natural Born Yogi could require the purchaser to return the defective goods purchased.

(4) Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage, constitute no claim against Natural Born Yogi.

§ 11 Limitation of Liability
(1) For other than loss of life, body and health damage Natural Born Yogi is liable, only if such damage is caused by willful misconduct or gross negligence or culpable violation of essential contractual obligation by Natural Born Yogi or its agents. Principle contractual obligation which the proper execution of the contract is at all possible, and may rely on the adherence to the buyer. Any further liability for damages is excluded. Claims from a Natural Born Yogi guarantee for the quality of the goods purchased and the Product Liability Act remain unaffected.
(2) Given the current state of the art, the data communication via the Internet could not be free from errors and/or be guaranteed at all times. We are not responsible for the availability of our internet shop.

§ 12 Legal Venue
All disputes arising from this contract are subject to the laws of the Federal Republic of Germany. The application of the CISG is excluded. If the buyer is a merchant, legal entity under public law or public special fund the exclusive jurisdiction for all disputes arising under this contract shall be the seat of Natural Born Yogi. The same applies if the buyer has no general jurisdiction in Germany or the domicile or habitual residence at the time of action are not known.

§ 13 Severability Clause
If any provision of these Terms be invalid or unenforceable, the remaining provisions of these terms are not affected, unless that would be disadvantaged by the elimination of individual clauses of a contractual party to the extent that its holding to the contract can not be expected to.