Table of contents

1. scope
2. conclusion of the contract
3. right of withdrawal
4. Prices and payment terms
5. delivery and shipping conditions
6. retention of title
7. liability for defects (warranty)
8. Liability
9. redemption of promotional vouchers
10. redemption of gift vouchers
11. Applicable Law
12. jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of

DAE-YANG, ASIATIC LEBENSMITTEL GmbH, Bei der Immermannstraße 21,40210 Düsseldorf (hereinafter "Seller"), apply to all contracts for the delivery
of goods that a consumer or entrepreneur (hereinafter “customer”) purchases with the
Seller with regard to the goods presented by the Seller in his online shop
The inclusion of the customer’s own terms and conditions is hereby
contradicted, unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers,
unless expressly provided otherwise.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction
for purposes which are predominantly neither commercial nor
self-employed professional activity. Entrepreneurs within the meaning of
of these Terms and Conditions is a natural or legal person or a legal entity
Partnership which, when concluding a legal transaction, in the exercise of its
commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop represent
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 order the offer via the integrated in the online shop of the seller.
Online order form. The customer, after having selected the
Goods are placed in the virtual shopping cart and the electronic ordering process
by clicking the button that completes the order process.
legally binding contract offer in relation to the items contained in the shopping cart
goods off.

2.3 The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or a
Order confirmation will be sent in text form (fax or e-mail), whereby the
receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods
is relevant to the customer, or
- by requesting payment from the customer after placing his order.
If several of the above alternatives apply, the contract is concluded in the
time at which one of the aforementioned alternatives occurs first. The deadline
to accept the offer begins on the day after the offer is sent by
the customer and ends with the expiry of the fifth day, which is
Sending of the offer follows. If the seller accepts the customer’s offer within
If the customer does not accept the offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that
the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à rl et Cie,
SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), at
Validity of the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer
does not have a PayPal account – subject to the terms and conditions for payments
without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by
a payment method offered by PayPal that can be selected during the online ordering process,
The seller hereby declares the acceptance of the customer’s offer in the
Time at which the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller’s online order form,
the contract text is stored by the seller after the conclusion of the contract and sent to the customer
after sending the order in text form (e.g. e-mail, fax or letter)
Any further disclosure of the contract text by
The seller does not make any payment. If the customer makes a payment before sending his order,
has set up a user account in the seller’s online shop, the order data
archived on the seller's website and can be accessed by the customer via his
password-protected user account with the corresponding login data
can be accessed free of charge.

2.6 Before submitting the order via the online order form of the
Seller, the customer can avoid possible input errors by carefully reading the
information displayed on the screen. An effective technical means
For better detection of input errors, the magnification function of the
Browser, which helps to enlarge the display on the screen. Its
The customer can make entries within the electronic ordering process via
correct the usual keyboard and mouse functions until he completes the order process
clicks the final button.

2.7 The German and English languages ​​are available for the conclusion of the contract.
Disposal.

2.8 Order processing and contact are usually carried out by email and
automated order processing. The customer must ensure that the
The email address provided for order processing is correct, so that
Address where emails sent by the seller can be received.
In particular, when using SPAM filters, the customer must ensure that all
by the seller or by third parties commissioned by the seller to process the order
sent emails can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms by sending
the order that he has reached the legally required minimum age.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description,
The prices indicated are total prices which include the statutory
VAT included. Any additional delivery and
Shipping costs are specified separately in the respective product description.

4.2 The payment option(s) will be presented to the customer in the online shop of the
Seller's information.

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

4.4 If you select the payment method “PayPal Credit” (payment in installments via PayPal), the
Seller assigns his payment claim to PayPal. Before accepting the assignment
PayPal uses the transmitted customer data to carry out a
The seller reserves the right to refuse the customer the payment method
“PayPal Credit” in case of a negative test result. If the payment method “PayPal Credit” is approved by PayPal, the customer has to
Invoice amount under the conditions specified by the seller, which he
The seller's online shop will inform the customer to pay to PayPal. In this case, the customer can
In this case, only pay to PayPal with debt-discharging effect. However, the seller remains
also responsible for general customer enquiries in the case of assignment of claims, e.g.
about the goods, delivery time, shipping, returns, complaints, cancellation notices and
-shipments or credits.

4.5 When selecting a payment method offered via the payment service "Shopify Payments"
Payment methods are processed via the payment service provider Stripe
Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
(hereinafter "Stripe"). The individual payment methods offered through Shopify Payments
Payment methods are communicated to the customer in the seller’s online shop.
To process payments, Stripe may use other payment services for which
Special payment terms may apply, to which the customer may be informed separately
Further information on "Shopify Payments" is available on the Internet at
https://www.shopify.com/legal/terms-payments-de.

4.6 If you choose to pay by credit card via Stripe, the invoice amount is
Payment is due immediately upon conclusion of the contract. Payment is processed via the
Payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand
Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to
to carry out a credit check and to refuse this payment method if the credit check is negative.
to reject.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place by shipping to the address specified by the customer.
specified delivery address, unless otherwise agreed.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible,
The customer shall bear the reasonable costs incurred by the seller as a result. This
does not apply with regard to the costs of delivery if the customer
The return costs shall apply in the event of effective exercise of the right of withdrawal.
of the right of withdrawal by the customer in the cancellation policy of the seller
regulation adopted in this regard.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and
the accidental deterioration of the goods sold to the customer as soon as the
Seller shall hand the goods over to the forwarding agent, carrier or other person responsible for carrying out the
The customer has delivered the goods to a specific person or institution. If the customer acts as
Consumer, the risk of accidental loss and accidental
Deterioration of the goods sold only occurs when the goods are handed over to the
Customer or an authorized person. Deviating from this, the
Risk of accidental loss and accidental deterioration of the goods sold
Goods are transferred to the customer, even in the case of consumers, as soon as the seller
has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer informs the forwarding agent, the
Carrier or other person designated to carry out the shipment or
Institution is commissioned to carry out the work and the Seller informs the Customer of this person or
institution has not previously named.

5.4 The seller reserves the right to cancel the order in case of incorrect or
This only applies to the
In the event that the non-delivery is not the responsibility of the seller and the seller is
with due care, a specific hedging transaction was concluded with the supplier
The seller will make all reasonable efforts to
In case of non-availability or only partial availability of the
The customer will be informed immediately and the consideration will be paid immediately
refunded.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

• by email
• by post

6) Retention of title

6.1 The Seller reserves title to the delivered goods until the purchase price owed has been paid in full by the Consumer.

6.2 The Seller reserves title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the
goods subject to retention of title in the ordinary course of business. All
The customer assigns to us any claims against third parties arising in the amount of the respective
invoice value (including VAT) to the seller in advance. This
Assignment applies regardless of whether the reserved goods are delivered without or after processing
The customer remains entitled to collect the claims even after
The seller’s authority to assign the claims himself
The Seller shall not, however, collect the claims
collect as long as the customer fulfills his payment obligations to the seller
does not fall into arrears and no application for opening
insolvency proceedings have been initiated.

7) Liability for defects (warranty)

If the purchased item is defective, the provisions of statutory liability for defects apply. The following applies in deviation from this:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• In the case of used goods, rights and claims due to defects are generally excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer is a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period.

7.3 The limitations of liability and shortening of time limits set out in the preceding paragraphs do not apply

• for items that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

7.4 In addition, for entrepreneurs, the statutory limitation periods for
the right of recourse under Section 445b of the German Civil Code (BGB) remains unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to commercial
Inspection and complaint obligation according to § 377 HGB. If the customer fails to comply with the
regulated notification obligations, the goods are deemed to be approved.

7.6 If the customer acts as a consumer, he is requested to inspect delivered goods with
to complain about obvious transport damage to the deliverer and to inform the seller
If the customer does not do so, this will have no effect on
Effects on his statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and
statutory, including tortious claims for damages and reimbursement of expenses such as
follows:

8.1 The seller is liable without limitation for any legal reason

- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or
Health,
- due to a guarantee promise, unless otherwise provided,
- due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to
limited to the typical, foreseeable damage, unless according to
The liability is unlimited in the above paragraph. Essential contractual obligations are
Obligations which the contract imposes on the seller according to its content to achieve the
The fulfilment of which is essential for the proper execution of the
The contract is only possible and the customer must regularly comply with
can trust.

8.3 Otherwise, the seller’s liability is excluded.

8.4 The above liability provisions also apply with regard to the liability of
Seller for his vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued by the seller as part of promotional campaigns with a
issued free of charge for a specific period of validity and which are
cannot be purchased (hereinafter "promotional vouchers"), can only
in the seller's online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if
a corresponding restriction arises from the content of the promotional voucher.

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

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 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 selected to settle the difference.

9.8 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

9.9 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 his statutory right of withdrawal.

9.10 The promotional voucher is only for use by the person named on it.
Person. Transferring the promotional voucher to third parties is not permitted.
The seller is entitled, but not obliged, to
to check the eligibility of the respective voucher holder.

10) Redemption of gift vouchers

10.1 Vouchers purchased through the seller's online shop
(hereinafter "gift vouchers") can only be purchased in the online shop of
Seller's voucher, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers are valid until
Redeemable at the end of the third year after the year of purchase of the voucher. Remaining balance
will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before completing the order process
Subsequent billing is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

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

10.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.

10.8 The gift voucher is only for use by the person named on it.
Person. Transferring the gift voucher to a third party is
excluded. The seller is entitled, but not obliged, to
to check the eligibility of the respective voucher holder.

11) Applicable law

All legal relationships between the parties shall be governed by the law of the Federal Republic of
Germany, excluding the laws on the international sale of movable
Goods. For consumers, this choice of law applies only to the extent that the granted
Protection by mandatory provisions of the law of the country in which the consumer
has his habitual residence.

12) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or
special fund under public law with its registered office in the territory of the Federal Republic of Germany
Germany, is the exclusive place of jurisdiction for all disputes arising from this contract
the seller's place of business. If the customer is based outside the
territory of the Federal Republic of Germany, the place of business of the seller
exclusive jurisdiction for all disputes arising from this contract if the
Contract or claims arising from the contract of professional or commercial activity
of the customer. In the above cases, the seller is
However, in any case, the court at the customer's place of residence is entitled to bring the case.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

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