Table of contents

1. Scope
2. Conclusion of 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. Redeeming 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, ASIAN FOODS GmbH, Bei der Immermannstraße 21, 40210 Düsseldorf (hereinafter referred to as "Seller"), apply to all contracts for the delivery
of goods that a consumer or entrepreneur (hereinafter referred to as "customer") with the
Seller regarding the goods presented by the seller in his online shop
concludes. This excludes the inclusion of the customer's own terms and conditions.
This is not valid unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers.
unless expressly stipulated otherwise.

1.3 For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction
for purposes that are predominantly neither their commercial nor their
can be attributed to independent professional activity. Entrepreneur in the sense
These terms and conditions apply to a natural or legal person or a legally capable 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
These are not binding offers from the seller, but serve as an invitation to submit an offer.
a binding offer from the customer.

2.2 The customer can access the offer via the link integrated into the seller's online shop.
Submit online order form. The customer then enters the selected items.
Items placed in the virtual shopping cart and the electronic ordering process began
has completed the order process by clicking the button that concludes the order process
legally binding contractual offer regarding the items contained in the shopping cart
Goods sold.

2.3 The seller can accept the customer's offer within five days.
- by providing the customer with a written order confirmation or a
Order confirmation will be transmitted in written form (fax or email), whereby the
The decisive factor is whether the customer receives the order confirmation, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods is relevant in this respect
is crucial for the customer, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract in which
The point in time at which one of the aforementioned alternatives first occurs. The deadline
The period for accepting the offer begins on the day after the offer is sent by
to run to the customer and ends with the expiration of the fifth day, which is based on the
The offer will be sent. If the seller accepts the customer's offer within
If the aforementioned deadline is not met, this shall be deemed a rejection of the offer, with the consequence that
the customer is no longer bound by his declaration of intent.

2.4 When selecting a payment method offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie,
S.C.A. , 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), at
The PayPal terms of service apply, which can be viewed 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, viewable at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Does the customer pay by
a payment method offered by PayPal that can be selected during the online ordering process,
The seller already declares acceptance of the customer's offer in the
The point in time at which the customer clicks the button to complete the order 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 the order has been sent in written form (e.g. email, fax or letter)
transmitted. Further disclosure of the contract text by
The seller will not be contacted. If the customer, before submitting their order,
Once a user account has been set up in the seller's online shop, the order data will be stored.
archived on the seller's website and accessible to the customer via their
password-protected user account using the corresponding login details
It can be accessed free of charge.

2.6 Before submitting a binding order via the online order form of the
The customer can prevent potential input errors by carefully reading the seller's instructions.
Recognizing the information displayed on the screen. An effective technical means.
To better detect input errors, the magnification function of the
browsers that enlarge the display on the screen.
The customer can make entries during the electronic ordering process for as long as necessary.
correct the usual keyboard and mouse functions until he completes the ordering process.
clicks the final button.

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

2.8 Order processing and contact usually take place via email and
Automated order processing takes place. The customer must ensure that the order he/she places it is processed correctly.
The email address provided for order processing is correct, so that you can contact us at this address.
Address where emails sent by the seller can be received.
In particular, when using spam filters, the customer must ensure that all
from the seller or from a third party commissioned by the seller to process the order
sent emails can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms by submitting the order.
the order confirms 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 regarding 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 of conclusion of the contract, are not citizens of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description,
Are the prices quoted total prices that include the statutory VAT?
Prices include VAT. Additional delivery and shipping costs may apply.
Shipping costs are specified separately in the respective product description.

4.2 The payment option(s) will be displayed to the customer in the online shop of the
Seller notified.

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

4.4 When selecting the payment method "PayPal Credit" (installment payment via PayPal), the
The seller assigns his payment claim to PayPal. Before accepting the assignment declaration.
PayPal conducts a seller's business using the transmitted customer data.
Credit check performed. The seller reserves the right to offer the customer a different payment method.
To refuse "PayPal Credit" in the event of a negative audit result. Will the If the payment method “PayPal Credit” is approved by PayPal, the customer has the
Invoice amount under the conditions set by the seller, which were communicated to him in
The seller's online shop will inform the customer to pay via PayPal. He can do this in this
Payment can only be made to PayPal with legally binding effect. However, the seller remains...
also responsible for general customer inquiries in the case of assignment of receivables, e.g.
Regarding goods, delivery time, shipping, returns, complaints, cancellation notices and
-mailings or credit notes.

4.5 When selecting an option offered via the payment service "Shopify Payments"
Payment methods: Payment processing is handled via the payment service provider Stripe.
Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
(hereinafter "Stripe"). The individual products offered via Shopify Payments
Payment methods are communicated to the customer in the seller's online shop.
Stripe may use other payment services for processing payments, for which
Special payment terms may apply, to which the customer may be separately notified.
This is pointed out. Further information about "Shopify Payments" can be found online at
https://www.shopify.com/legal/terms-payments-de available.

4.6 When selecting credit card as the payment method via Stripe, the invoice amount is calculated as follows:
Contract conclusion is immediate and payment is due immediately. Payment processing is handled via [platform name].
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 conduct a credit check and to reject this payment method in the event of a negative credit check
to reject.

 

5) Delivery and shipping conditions

5.1 Goods are delivered by mail to the address provided by the customer.
The specified delivery address, unless otherwise agreed.

5.2 If delivery of the goods fails for reasons attributable to the customer,
The customer shall bear the reasonable costs incurred by the seller as a result.
This does not apply with regard to the costs of sending the item if the customer...
The right of withdrawal is exercised effectively. The following applies to return shipping costs if the right of withdrawal is exercised effectively.
the right of withdrawal by the customer as stated in the seller's cancellation policy
Regulation adopted in this regard.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and
the accidental deterioration of the sold goods is transferred to the customer as soon as the
Seller delivers the goods to the forwarding agent, the carrier or other party responsible for carrying out the order.
Shipment delivered to a specific person or institution. If the customer is acting as
Consumers, the risk of accidental loss and accidental damage
Deterioration of the sold goods generally only occurs upon delivery of the goods to the buyer.
Customers or an authorized recipient. Notwithstanding the above, the
Risk of accidental loss and accidental deterioration of the sold
Goods are also transferred to the customer in the case of consumers as soon as the seller...
The matter belongs to the forwarding agent, the carrier or any other entity responsible for carrying out the shipment. has delivered to a specific person or institution, if the customer has chosen the carrier, the
carrier or other person designated to carry out the shipment or
The institution is commissioned with the execution and the seller provides the customer with this person or
The institution had not been previously named.

5.4 The seller reserves the right to cancel orders in case of incorrect or missing information.
to withdraw from the contract in the event of proper self-supply. This only applies to the
In the event that the non-delivery is not the seller's fault and the seller is liable for the
With due diligence, a specific hedging transaction was concluded with the supplier.
The seller will make every reasonable effort to deliver the goods.
procure. In the event of non-availability or only partial availability of the
The customer will be informed immediately about the goods and the payment will be made immediately.
refunded.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

• by email
• by mail

6) Retention of title

6.1 With respect to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.

6.3 If the customer is acting as an entrepreneur, he is obligated to resell the
The goods subject to retention of title are subject to the right of withdrawal in the ordinary course of business. All rights arising therefrom
The customer shall indemnify the customer against any claims arising against third parties up to the amount of the respective claim.
The invoice amount (including VAT) is paid in advance to the seller.
Assignment applies regardless of whether the goods subject to retention of title are processed before or after processing.
has been resold. The customer remains responsible for collecting the receivables even after
The assignment is authorized. The seller's right to assign the claims himself
The right to collect remains unaffected. However, the seller will not collect the receivables.
to collect as long as the customer fulfills their payment obligations to the seller
complies with the agreement, does not default on payments, and no application for opening of proceedings has been filed.
has filed for insolvency proceedings.

7) Liability for defects (warranty)

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

7.1 If the customer is acting 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;
• For used goods, rights and claims due to defects are generally excluded;
• The limitation period does not restart if a replacement delivery is made under the warranty for defects.

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

7.3 The limitations of liability and reductions of time limits regulated in the preceding paragraphs do not apply.

• for items which, according to their usual purpose, have been used for a building 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 Furthermore, for entrepreneurs, the statutory limitation periods apply.
The right of recourse under § 445b BGB remains unaffected.

7.5 Is the customer acting as a merchant? i.S.d. According to § 1 HGB, he is subject to commercial law.
Duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with this duty, it must be observed.
If the required notification obligations are met, the goods are considered approved.

7.6 If the customer is acting as a consumer, he is requested to pack delivered goods with
to report obvious transport damage to the delivery person and the seller
to inform the customer of this. Failure to comply will have no effect whatsoever.
Impact on his statutory or contractual warranty claims.

8) Liability

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

8.1 The seller is fully liable for any legal reason.

- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or
Health,
- based on a guarantee promise, unless otherwise stipulated,
- 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
the typical, foreseeable damage under the contract is limited, unless otherwise stipulated in the contract.
The aforementioned clause provides for unlimited liability. Essential contractual obligations are
Obligations that the contract imposes on the seller according to its content in order to achieve the
imposed for the purpose of the contract, the fulfillment of which is essential for the proper execution of the
The contract is made possible in the first place, and the customer regularly checks compliance with it.
One can trust.

8.3 Furthermore, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the liability of
Seller's 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 validity period and which are determined by the customer
Vouchers that cannot be purchased (hereinafter referred to as "promotional vouchers") can only be used for promotional purposes.
The voucher can only be redeemed in the seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

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

9.4 Promotional vouchers can only be redeemed before completing the order process.
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 value of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor 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 their statutory right of withdrawal.

9.10 The promotional voucher is only valid for use by the entity named on it.
The voucher is designated by the individual. Transfer of the promotional voucher to third parties is excluded.
The seller is entitled, but not obligated, to provide the material
To verify the eligibility of the respective voucher holder.

10) Redeeming gift vouchers

10.1 Vouchers that can be purchased via the seller's online shop
Gift vouchers (hereinafter referred to as "gift vouchers") can only be purchased in the online shop of [company name].
The voucher can be redeemed with the seller unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances on gift vouchers are valid until [date].
Redeemable at the end of the third year following the year of purchase. Remaining balance
credit will be issued to the customer until the expiry 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 other gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is only for use by the person named on it.
The person is designated. Transferring the gift voucher to a third party is not permitted.
excluded.The seller is entitled, but not obligated, to provide the material
To verify the eligibility of the respective voucher holder.

11) Applicable Law

All legal relations between the parties are governed by the law of the Federal Republic of Germany.
Germany excluding the laws on the international sale of movable goods
Goods. For consumers, this choice of law applies only insofar as it does not affect the granted
Protection through mandatory provisions of the law of the state in which the consumer
his habitual residence will be withdrawn.

12) Place of jurisdiction

Is the customer acting as a merchant, a legal entity under public law or
special public-law fund headquartered 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 located outside of the
If the seller's place of business is within the territory of the Federal Republic of Germany, then the place of business is [insert location here].
The exclusive place of jurisdiction for all disputes arising from this contract is [place of jurisdiction], if the
Contract or claims arising from the contract of professional or commercial activity
can be attributed to the customer. The seller is liable in the aforementioned cases.
However, in any case, the customer is entitled to appeal to the court at the customer's place of business.

13) Alternative Dispute Resolution

13.1 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 settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.