General Terms and Conditions


The company PlusContact Promotion GmbH, Am Hardtwald 9, 76275 Ettlingen, Germany (in the following referred to as Yaoti) performs all deliverables and services exclusively according to these terms and conditions.

Yaoti is authorized to change the content of these terms and conditions with the agreement of the user (in the following referred to as the pronoun you/ your). You have the liberty to disagree within 4 weeks after you received the notification of change. In the notification of change, Yaoti commits to inform you about the consequences of a defaulted disagreement.

Consumers according to these terms and conditions are defined as natural persons who establish a business connection with Yaoti, without doing this as a commercial or self employed work. Businessmen according to these terms and conditions are defined as natural or legal persons, or partnerships having legal capacity, who establishes a business connection with Yaoti within their commercial or self-employed work.



Range, Conclusion of the Contract, Termination

Yaoti's range offered on the Internet is a noncommittal suggestion to order. With the order of the object of purchase on the Internet you submit a binding quote on the conclusion of an agreement for sale. Yaoti has the right to accept this quote within 14 days by sending a confirmation of order, after uneventful experation of the period the quote shall be deemed as rejected. The confirmation of order is forewarded via e-mail.

A contract closed for an undetermined period, can be terminated by you and Yaoti by 30 days' notice to the end of the month. Your and Yaoti's right of termination without notice for compelling reason remains unaffected. A compelling reason to Yaoti is in particular a delay of payment of more than 30 days, or a breach of the licensing agreement. Every termination needs to be in written form in order to take effect.



Individual Clip Productions with Money-Back Guarantee

Yaoti grants you - unless you want to have replacement - the refund of all payments, if you are not satisfied with the outcome of the individual clip production and you did not yet use the licensed clip.

The money-back guarantee can be claimed for a maximum of 2 clips. You have to inform Yaoti of a claim at the latest 7 days after receipt of the clips in written form. Productions with your personal actors are excepted from the money-back guarantee.



Actors for Individual Clip Productions

During the order transaction you choose an actor with the corresponding outfit according to this example . You accept smaller changes in the actor's voice or outfit (e.g. hairdo, make- up, fit of the outfit, weight, etc.). If the chosen actor is not available, you and Yaoti have the right to withdraw.



Prices

All prices are fixed.

The price indicated in a particular offer is the final price, including value added tax and other price components.



Payment, Maturity, Default of Payment

You can pay via credit card, prepayment, automatic debit transfer system, or on account. Yaoti reserves the right to accept or except certain payment methods in individual cases. If you use prepayment you commit to pay purchase prices immidiately after conclusion of the contract. If you use payment on account you commit to pay the invoiced amount within 14 days after you received the products. If you use the automatic debit transfer system or a credit card the amount is debited within one week after conclusion of the contract. In case of default, Yaoti charges five percent annual interest above the prime rate of the German Central Bank. On transactions without consumer participation the annual interest amounts to eight percent above the prime rate of the German Central Bank. Yaoti has the right to assert further claims caused by default.



Cancelation of Contract

Yaoti reserves the right to cancel a contract, which is unfulfilled in goods and services, in case of misrepresentation of financial standing or objective doubts about financial solvency, e.g. an opened insolvency proceeding over your assets, or a rejected insolvency proceeding for lack of cost-effective assets. Before the cancelation holds, you have the right to carry out an advanced payment, or bring proof of a capable security. In case of partial cancelation, provided partial performances must be billed and paid according to the contract, irrespective of possible claims for damages.



Reservation of Proprietary Rights

The object of purchase remains property of Yaoti until the payment is fulfilled. Before conveyance of property, the customer is not entitled to pledge, process, alter, or assign the object of purchase as security without permission of Yaoti.



Guarantee

Guarantee for Consumers
Yaoti guarantees that the object of purchase is free of defects at delivery. In case of a material defect showing within six months after delivery of the object of purchase, it is assumed that the defect existed at the time of delivery, unless this is contradicting with the nature of the object of purchase, or the defect. Does a defect show after the expiration of these six months, you have to proove that the defect existed at the time of delivery.

If the object of purchase is defective at time of delivery, you have the choice of rectification or replacement. Yaoti has the right to reject the chosen form of supplementary performance, if it is only possible at unreasonable costs and the other form of supplementary performance does not cause considerable disadvantages for you.

If the supplementary performance fails, you have the choice to reduce the purchase price (abatement), or to cancel the contract (cancelation) and claim for damages. In case of minor defects, you have no right to cancel the contract.

Your entitlement because of defects becomes time-barred two years after purchase, in case of purchase of used items, one year after purchase. The one year limitation period does not hold for claims for damages.

Guarantee for Businessmen
If the purchase is a commercial deal for you and Yaoti, you have to check the delivered products immediately after receipt for variation in quality and quantity and inform Yaoti of noticeable defects within one week after receipt in written form. If this does not happen, the assertion of warranty claims is impossible. Yaoti has to be informed of hidden defects within one week after detection in written form. The term is kept, if the notice of defects is forwarded in time. The burden of proof for all conditions of entitlement, especially for the defect itself, the time of detection of the defect, and the notice of the defect in time, rests with you.

In case of defects, Yaoti warrants at own choice in form of rectification or replacement.

Your entitlement because of defects becomes time-barred one year after purchase. This limitation period does not hold for claims for damages.

Yaoti has the right to reclaim the defective object of purchase, if a defect-free object of purchase is delivered as supplementary performance. Defects caused by inappropriate, or contract-contrary measures used during installation, attachment, operation, or storage can not be entitled as damages.



Delivery, Delivery Period, Delay in Delivery, Reservation of Delivery

The delivery is carried out via e-mail. If a delivery period is agreed on, the term is kept, if the object of purchase is sent, or provided as download link in time.

The delivery period may extend

  • until you forewarded Yaoti the data that is necessary for the execution of the order,


  • until your advance payment, if agreed on, has been received,


  • until your personal actor, if chosen with the order, finished the recording with Yaoti.

The delivery period may extend in case of stoppage (strike, etc.), if the actor is prevented ( illness, etc.), and in other cases Yaoti can not represent (requirements and orders by law, or government agencies, force majeure). You will be informed immediately if such hindrances occur.

If Yaoti is in delay in delivery, you have the right to cancel the contract only if Yaoti does not adhere to an adequate period of grace given by you. The period of grace has to be layed down in written form and has to be at least 4 weeks long.

You have the right to cancel the contract without notice if Yaoti finally is not able to fulfill the contract.



Your Duties

You assure that the data given to Yaoti is correct and complete. You commit to inform Yaoti about changes to the given data immediately.

For the enrolement to the services you can order a password from Yaoti. You are commited to protect the password from unauthorized access of a third party. If a third party gains access to your password you have to inform Yaoti immediately. As long as you do not inform Yaoti, you are liable for all actions performed by using your password.



Storage

Yaoti is not liable to store the procedure documentation, duplicates or clips longer than 14 days after the end of the production.



Limitations to Liability, Guarantee

Yaoti is only liable for other damages than injuries of life, body and health, if these damages are caused by deliberate, or grossly negligent conduct, or a culpable violation of an essential contractual obligation by Yaoti or its assistants. Essential to the contract is a duty, which ensures a correct realization of the contract, and which is regularly adherred to. A further liability because of damages is excluded. Entitlements on a guarantee for condition of the object of purchase, given by either Yaoti, or the Product Liability Act, remain unaffected. Under present technical conditions, the data communication via Internet can not be ensured as available anytime and faultless. Hence, we are not liable for the uninterrupted availability of our website.



Choice of Law, Court of Jurisdiction

All conflicts resulting from this legal relationship are subject to the law of the Federal Republic of Germany. To consumers this choice of jurisdication applies only insofar as no protection given by obligatory regulations of the country, in which the consumer lives, is violated. The Uniform Law on the International Sale of Goods has no validity. If you are a businessman, a legal person governed by public law, or special fund under public law, Yaoti's business location is the exclusive court of jurisdiction for all conflicts resulting from this contract. This applies also, if you have no jurisdiction in Germany, or the residence is unknown at the time charges are raised.



Final clause

There are no oral subsidiary agreements.Oral subsidiary agreements hold only if they are approved by Yaoti in written form.

Other terms and conditions will not be accepted by Yaoti, even without written objection.

Should any clause of these terms and conditions be held void, the further clauses shall remain untouched, unless one contract party is so unacceptably disadvantaged by the omission of single clauses, that the adherence to the contract is not reasonable anymore. The version, which is valid at the time of conclusion of the contract is applicable.

In case of inconsistencies between the German version and versions in other languages, the German version shall be deemed to be valid.

End of the General Terms and Conditions [0809]




Information on the Right of Cancelation for Consumers according to the General Terms and Conditions

You have the right to revoke your contractual statement within one month, without giving reasons, in writing (e.g. letter, fax, e-mail), or - if the goods are delivered before experation of the period - by sending back the goods. The period begins after receipt of this written instruction, but not before receipt of the goods by the recipient (in case of recurrent delivery of uniform goods, not before receipt of the first partial delivery) and not before we fulfilled our duties to inform, according to §3312c Abs. 2 BGB in connection with §1 Abs. 1, 2 and 4 BGB-InfoV, as well as our duties according to §312e Abs.1 Satz 1 BGB in connection with §3 BGB-InfoV. Punctual dispatch of the cancelation or the goods suffices to comply with the time limit.

The cancelation is to address to: PlusContact Promotion GmbH, Am Hardtwald 9, 76275 Ettlingen, Germany;


Cancelation Consequences

In the event of a valid revocation each party shall return to the respective other party the benefits received and pay out utilizations (e.g. interest)as the case may be. If you are not able to reimburse the received benefits in whole or parts, or only in a declined state, you have to pay, as the case may be, compensation in this respect. This does not hold in case of surrender of goods, if the decline of the goods is due to their examination - as it would be possible in a store. You do not have to reimburse decline caused by an intended usage. Goods transportable as standard parcel, are to be returned at our risk. You have to pay the costs for the return, if the delivered goods are the same as the ordered ones and the value of the goods to be returned does not exeed 40,- Euro. The same principle holds, if the object of purchase has a higher price, but you did not reciprocate, or pay a contracted down payment by the time of cancelation. If this does not hold, the return is exempt from charges. We will collect goods not transportable as standard parcel. Commitments of rebate of payment have to be fulfilled within 30 days. The period starts for you with dispatch of the cancellation or the good, for us with their receipt.


Special Notice

The right of cancelation is not given within distance contracts

1. if delivered goods are produced according to customers specification or personal needs, or if they are not appropriate to be returned because of their nature, or if they tend to go bad quickly or their expiry date is already exceeded.

2. delivering audio- or video material, or software, if the delivered data carriers have been unseald, or as the case may be the files have been downloaded or have already been used.

With services, your right of cancelation expires prematurely, if your contractual partner started with the service before expiry of the period with your explicit permission, or by your arrangement.

In case of inconsistencies between the German version and versions in other languages, the German version shall be deemed to be valid.

End of the Information on the Right of Cancelation [0809]