Terms of Service

1. Order process
   In the webshop you can put articles into the shopping cart without obligation by clicking the button “Add to cart”. You can view the shopping cart at any time and remove individual items. You can start the ordering process with the button “Checkout”. You can carry out the ordering process as a guest or create an customer account.

   If you order as a guest, we ask you to enter the data necessary for the order processing. Alternatively, you can place a guest order using PayPal or amazon pay. As a guest customer you can also benefit from our international customer service (see section 3).

   Alternatively, you can create a customer account or log in to your customer account as a registered customer and select a payment method (see section 4). On the page “Send order” you will see your entries again. You can go back at any time and correct your entries or cancel the order process by leaving our website or closing the browser. Only when you click on the button “Buy now”, you place a binding order. Immediately after receipt of your order we will send you a confirmation of receipt by e-mail. This does not yet constitute a contract. Your contract text (the content of your order as well as these terms and conditions) will be saved and sent to you in the confirmation of receipt.

2. Conclusion of the contract
   You can find out the validity period of our special offers, which may also be limited in terms of quantity, at the point where they are displayed in the shop.

   Despite careful stocking, it can happen that an item is sold out faster than expected. We therefore do not give any delivery guarantee. The following applies: Only while stocks last. This is especially true for special offers/campaigns!

   The display of articles in the web shop is therefore not a binding offer of contract from our side, but only an invitation to place orders. A contract is only concluded when we expressly accept your order or carry out the delivery, and only to the extent of the order.

3. Special articles (protection of minors)
   If you order movies and games that are not age-rated or marked “18+”, you must be of legal age. Such items will only be delivered to Germany with the age and identity check of the German Post. Therefore, a delivery abroad is unfortunately not possible. Decorative weapons are also only delivered to Germany with age and identity verification. You will find details of the procedure under point 7.

Depending on whether you placed your order in the yvolve shop, a subsidiary or a white-label shop, your data will always be sent to yvolve GmbH, so that they have access to your order data in case of service.

For a better overview we have listed all costs for postage, packaging and all offered payment methods in a table on our site and within the footer of the site.

In our webshop the prices stated are in Euro including VAT. (currently 19% and 7% for books and magazines). Postage and packaging as well as separate fees depending on the method of payment (e.g. cash on delivery fees) are added.

You can see all costs once again before the final conclusion of the order, in the shopping cart checkout on the order confirmation page.

1. Waste disposal and environmental protection
   Our suppliers have complied with their obligation to report to the Federal Environment Agency.

   Notes on battery disposal:
   Batteries do not belong in household waste. As a consumer you are legally obliged to return used batteries. You can dispose of your old batteries at public collection points in your place of residence or wherever batteries are sold. Of course you can also return the batteries available from us after use with the note “Used batteries” to the following address:

   yvolve GmbH
   – Gebrauchte Batterien –
   Einsteinstraße 6
   49835 Wietmarschen
   Germany

   The symbols shown on the batteries have the following meaning:

   Pb = Battery contains more than 0.004 mass percent lead
   Cd = battery contains more than 0,002 % cadmium by mass
   Hg = battery contains more than 0.0005 mass percent of mercury

   The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste.

   1. Electrical and electronic equipment:
      Electrical and electronic equipment must not be disposed of with household waste! As a consumer, you can dispose of old electrical appliances free of charge at a public collection point in your place of residence.
2. Complaints
   Online dispute resolution according to Art. 14 Para. 1 ODR-VO:
   The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
   Settlement of disputes before a consumer dispute settlement body (§36 CDBG):
   We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution agency.
3. Provider identification and accessibility of customer service:
   Our postal addresses, telephone/fax numbers and e-mail addresses can be found in our imprint.

For services of other providers such as vouchers or tickets we are only intermediaries (see paragraph 8.1). Warranty claims are to be addressed to the respective contractual partner.

We have unlimited liability for damages resulting from culpable injury to life, body or health as well as under the Product Liability Act. We shall only be liable for other damages if the damage was caused by us or a legal representative, employee or vicarious agent with intent or gross negligence. Furthermore, we are liable for slightly negligent breaches of essential contractual obligations (such obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely).

1. Age and identity checks for films, computer and video games
   A delivery of films, computer and video games that are labelled “from 18” according to § 14 JuSchG (Youth Protection Act) or have not yet received an age rating is not possible to minors. We ship such items exclusively with the age and identity check of the German Post. This is necessary due to legal regulations for articles “ab 18” within Germany to ensure that no delivery to minors takes place. An age and identity check can only be carried out in Germany. Luxembourg is excluded from this service.
2. Additional information during the ordering process
   If a title “from 18” is in your shopping cart, you will be asked during the ordering process to provide data of a valid identity card or passport. In order to carry out an age and identity check, it is absolutely necessary to specify the type of ID card, ID card number and issuing authority. The data will be treated in accordance with the Federal Data Protection Act and deleted after 90 days. The delivery and billing address must correspond exactly to the address on the passport! The name of the orderer must also correspond exactly to the information on the identity card.
3. Procedure of the verification procedure
   1. Examination by the postman
      Your details will be checked at the front door by the postman and must correspond exactly to what you entered, so have your ID card ready! The delivery and billing address must be exactly the same as the address on the ID card! The same applies to the name on which the order was placed. The name of the person placing the order must match the name of the holder of the ID card! The presentation of a driver’s license or similar is not sufficient to hand over the shipment.

      Conclusion: Delivery to P.O. Box and Packstation addresses is not possible. Nor can you authorize anyone to accept or pick up the package.

   2. Receiver not found
      What happens if the delivery cannot be delivered? In Germany, the postman leaves a notification in the mailbox. With this notification you can pick up your order at the nearest post office. There the age and identity check will be carried out. Alternatively, you can fill out the notification card to request a new delivery attempt. Please follow the usual procedure in your country.
   3. Check failed
      If your identity cannot be clearly established, if your details were incorrect or if you are under the age of majority, delivery will not be possible. In this case the shipment will be returned to us. We will then refund the invoice amount (including the additional fee; shipping costs will be refunded if the entire shipment is returned to us).
4. Pre-order of items not yet tested by the USK or FSK
   In the case of computer and video games, the USK (Entertainment Software Self-Regulation Body) will only provide age rating shortly before the release date. However, you can pre-order the article before the classification takes place. The same applies to films for which the FSK (Freiwillige Selbstkontrolle der Filmwirtschaft – Voluntary Self-Regulation of the Film Industry) has not yet issued a label. In such a case, please note that if a classification by the FSK or USK “ab 18” is made retrospectively, the shipping method will change automatically. The age and identity check is due (but not the additional fee of 4.95 €). In this case we will inform you by e-mail about the change. With your order you agree that the shipping may be subject to age and identity verification.
5. Age and identity check for decorative weapons (swords, daggers and similar items)
   If you want to order a decorative weapon, you must be at least 18 years old, nothing can be done under this age. The swords we offer are decorative pieces, which are only available for free sale from the age of 18. Therefore in Germany, as with films, video and computer games, an age and identification check is carried out and an additional fee is charged.

   Unfortunately it is not possible to ship decorative weapons abroad.

6. Note on Decorative Weapons
   The handling of the decorative items sold by us is subject, among other things, to the restrictions of the German weapons law. In particular, the owner must take the necessary precautions to prevent these items from being lost or from being taken by unauthorised third parties. With a few exceptions, the carrying of the offered decorative items in public is completely prohibited. We accept no liability for damage to the goods and/or persons or property caused by the improper use of the products supplied by us or by misuse.

1. Tickets and vouchers for services of other providers
   If tickets for events are offered in the webshop, we would like to point out that we are not the organizer, i.e. we sell the ticket, but the event is organized by another person/company. As a rule, the organizer is noted on the ticket. We are not responsible for the proper execution of the event. The contract for the execution of the event is concluded with the organizer. The same applies to vouchers for services of other providers: Your contractual partner is the provider of the service stated on the voucher. If you have any questions regarding the event, please contact the organizer directly. The contact to the organizer can be found on the ticket. Ordered tickets are excluded from the right of withdrawal! Every ticket order is binding immediately after confirmation and obligates you to accept and pay for the order. We can cancel the ticket purchase if you violate or try to circumvent a condition of the organizer or of us which was pointed out during the advance sale (e.g. violation of the limitation of the ticket quantity per customer, circumvention attempt by registration and use of several user profiles, resale prohibitions etc.). The declaration of cancellation/rescission can also be made by crediting the amounts paid.
2. Purchase vouchers
   At maul-cosplay.shop/products/yvolve-geschenkgutschein you can buy shopping vouchers for our shop (by choosing a certain value and adding the voucher to your shopping cart). Attention: You can not pay a voucher with a voucher. A voucher can be redeemed everywhere (on the net, by phone and in the shop or POS). Vouchers can also be partially redeemed, as long as the redeemer has a customer account. Then the remaining amount is credited as a credit and can be used for later orders. If the voucher is not sufficient, the difference can be paid with any payment method (see point 3). It is also possible to redeem several vouchers at the same time during an order. However, the following applies to promotion vouchers: A promotion voucher can be combined with other vouchers, but only one promotion voucher can be redeemed per order. A voucher is only for shopping! That means: The equivalent value cannot be paid out in cash or offset against other claims. A voucher must be redeemed within three years of the end of the year in which it was purchased, otherwise it expires.

These conditions of participation apply to all competitions of yvolve GmbH (hereinafter called yvolve) on maul-cosplay.shop. In addition, the General Terms and Conditions apply. In the event of conflicting conditions, these Terms of Participation shall take precedence.

1. Participation
   1. The concrete possibility of participation (e.g. by online registration or via social media) is stated in the respective competition.
   2. Participation in the competition is free of charge.
   3. Participation is only possible during the period specified in the respective competition or up to an expressly stated time. Late participation due to technical problems for which yvolve GmbH is not responsible is excluded.
   4. Eligible to participate in competitions are natural persons of full age who are resident in Germany, Austria or Luxembourg.

      Minors and other persons whose legal capacity is limited shall always require the consent of their legal representative(s) (e.g. legal guardian) to participate. This consent must also include these conditions of participation. Upon request, the consent must be submitted in writing within seven days. Participation without the consent of the legal representative always leads to exclusion from the respective competition and loss of any claims to prizes without compensation. We can generally exclude minors from a competition in the context of participation.

   5. Excluded from participation are employees of yvolve and companies affiliated with yvolve and their relatives as well as employees of possible sponsors/cooperation partners of the competition and their relatives.
   6. Participants are excluded from participation if they provide untruthful information about their person during the participation.
2. Profits
   1. The prizes are provided by yvolve or a prize sponsor.
   2. The object shown as a prize in the competition is not necessarily identical to the object won. Rather, there may be differences in model, colour or similar. This also applies if the prize is no longer available in the version presented (model change, seasonal goods, etc.). The winner will then receive an equivalent replacement or a voucher from the cooperation partner in the amount of the value of the original prize.
   3. In the case of travel winnings, the transaction will be carried out exclusively in direct contact between the winner and the respective prize sponsor or a tour operator commissioned by the latter. The travel conditions of the tour operator for the travel services apply. There is no claim to a specific travel date. If the trip is not taken on the date or period specified by the prize sponsor or tour operator, there is no longer any claim to the prize.

      If a prize for the trip is mentioned in the text of the prize draw, it refers to the most expensive travel period; the prize varies according to season. Resulting differences in value will not be compensated. Minor participants and other persons with limited legal capacity may only travel in the company of their legal representative. Any additional costs arising from this shall be borne by the winner or his/her companion. Travel to and from the starting point of the journey (airport, train station, etc.) must be paid for by the winner (and his/her companion, if applicable), unless otherwise stated in the competition or expressly agreed. The same applies to all additional costs incurred during the trip (minibar, telephone, meals, etc.).

   4. A cash payment, exchange or assignment of the prize (including its individual components or a substitute prize) is excluded.
   5. The participants are aware that certain prizes can only be used after a certain age limit has been reached and/or if certain (legal) requirements are met (e.g. driving a motor vehicle). This age limit and the legal requirements must always be observed when using or redeeming the prize.
   6. All costs incurred in connection with the prizes shall be borne by the winner, unless expressly agreed otherwise. This applies in particular to any registration costs, insurance, taxes and fuel required for operation. Clause 5 applies to deliveries and clause 2.iii to travel winnings.
   7. If the lottery includes consolation prizes, all valid participants who have not won a main prize will receive a consolation prize after the draw, while stocks last.
3. Determining the prize
   1. The prizes will be drawn once among all participants in the competition (random determination of the prize by drawing lots). Each winner receives only one prize.
   2. Should participation in a competition be by purchasing items, multiple orders/purchases do not increase the chances of winning and will be considered as one order by the respective participant. A minimum order value is not a prerequisite for participation.
4. notification of the outcome of the competition
   1. In order to inform all participants of the outcome of the competition, we will send an e-mail to the e-mail address provided. The winner will be notified by e-mail, letter, telephone or social media. There is no obligation to accept the prize. The winner will inform yvolve by e-mail or letter within seven days after notification of the prize whether he accepts or rejects the prize. If a winner cannot be determined on the basis of the contact data provided by him or her or rejects the prize communicated to him or her or does not provide yvolve with any of the aforementioned declarations in due time, his or her claim to the prize expires without substitution. yvolve can draw the prize again in these cases.
   2. If the competition contains consolation prizes, we will send an e-mail notification to all participants who receive a corresponding consolation prize.
5. Delivery of the prizes
   1. Winnings will only be delivered free of charge to the winner’s home address within Germany, Austria or Luxembourg. A maximum of two delivery attempts will be made. After this, the winner has the opportunity to pick up his or her prize at the company address of yvolve within four weeks after the last unsuccessful delivery attempt. If this period expires, the winner’s claim to the prize expires without compensation.
   2. In the event that delivery is made by a forwarding agent, the forwarding agent will contact the winner to arrange a delivery date. The delivery will normally take place Monday to Friday between 8.00 and 18.00 hours. In addition to his address, the winner must provide an alternative address in his immediate vicinity (maximum 100 m away). The winner agrees that the prize will be delivered to this alternative address if he/she is absent. If the carrier does not meet a person willing to accept the prize either at the winner’s address or at the alternative address, a message will be left. The winner must bear the costs of a new delivery. After the second unsuccessful delivery attempt, the winner has four weeks to collect his prize from the company address of yvolve. If this period expires, his claim to the prize expires without compensation.
   3. Motor vehicles are to be collected from yvolve or the prize sponsor at their own expense. yvolve will inform the winner of the place of collection.
6. Manipulation
   Any kind of manipulation of the respective lottery is inadmissible. The entry into or participation in the competition by so-called “competition entry service providers” or similar, other automated winning systems and other technical methods of manipulation is strictly prohibited.
7. Consequences in the event of infringements
   yvolve reserves the right to exclude participants from participation in the event of violations of these conditions of participation or legal regulations by participants. This applies in particular in the event of false information about the participant’s person or manipulation of the competition. Exclusion shall result in the forfeiture of any claim to a prize without compensation and may also be effected subsequently and a prize may then be reclaimed. Other claims of yvolve are expressly reserved.
8. Liability and warranty claims
   1. yvolve shall not be liable for material defects and/or defects of title in the winnings donated by profit sponsors/cooperation partners, in particular for defects in the execution of any travel winnings. This is a direct service (gift) of the prize sponsor to the winner. yvolve acts here only as a representative of the prize sponsor. Defects must be asserted directly against the prize sponsor. yvolve will inform the winner of the name and address of the prize sponsor in the event of the assertion of claims for defects.
   2. yvolve is liable without limitation if the cause of the damage is based on intent or gross negligence. Furthermore, yvolve is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies. In this case, however, yvolve is liable only for the foreseeable damage typical for the contract. yvolve is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.

      The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected..

      As far as the liability of yvolve is excluded or limited, this shall also apply to the personal liability of representatives and vicarious agents of yvolve.

9. Modification or discontinuation of the competition/ modification of the conditions of participation
   1. yvolve reserves the right to change, limit or discontinue the competition in whole or in part at any time without prior notice, either in whole or in part, or to discontinue the competition within a reasonable period of time. This applies in particular if for technical or other reasons a proper execution of the Game cannot be guaranteed or the fairness of the Game appears to be impaired. No claims for the participants arise from this.
   2. If yvolve intends to change these Terms of Participation, the participant will be informed of the proposed change by e-mail. The changes are considered approved if the participant does not object to them in text form. yvolve will specifically point out this consequence in the letter of notification. The objection must be received within four weeks after receipt of the notification. If the participant exercises his right of objection, yvolve’s change request is considered rejected. The contract will then be continued without the proposed changes. In this case yvolve has a special right of termination.
10. Data protection
    We use your data in connection with the lottery, furthermore only with your consent. You can find more details in our data protection declaration.
11. Miscellaneous
    1. Legal action shall be excluded. Should any of these conditions be or become invalid, the validity of the remaining conditions of participation and implementation shall remain unaffected.
    2. Apple, Inc. (“Apple”) does not participate in or sponsor our sweepstakes or contests.

If you, as a private end consumer, do not reside within the European Union, our place of business shall be the place of jurisdiction. Otherwise, your place of residence is the place of jurisdiction, but you can also assert claims against us in court at our place of business.

Address:

yvolve GmbH
Einsteinstraße 6
49835 Wietmarschen
Germany

Postal address for returns from Germany and Luxembourg

yvolve Logistik – Retourenservice
Einsteinstraße 6
49835 Wietmarschen
Germany

VAT ID: DE292319651
Commercial register: Registered at the local court of Osnabrück, HRB 203867
Managing directors: Ronny Lethmate and Florian Drees

Establishing contact from Germany:
Mon-Fri 9.00-17.00 (except public holidays)
Email: [email protected]

Online dispute resolution according to Art. 14 para. 1 ODR-VO:
The European Commission provides a platform for Online Dispute Resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/
Settlement of disputes before a consumer dispute settlement body (§36 VSBG):
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution agency.