Terms of service
OVERVIEW
Welcome to YTCards! The terms “we”, “us”, and “our” refer to YTCards. YTCards operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). YTCards is powered by Shopify, which enables us to provide the Services to you.
The following Terms and Conditions, together with any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, using, or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state, province, or country of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, please note that the colors and appearance of products may vary depending on the type of device used to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match the images or descriptions displayed in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. YTCards reserves the right to accept or reject any order at its sole discretion for any reason. Your order is not accepted until YTCards confirms acceptance.
We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as YTCards may not be able to accommodate cancellation requests once an order has been accepted.
If we refuse, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided with the order.
Returns and exchanges are governed exclusively by our Return and Withdrawal Policy.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in your order confirmation email.
Unless otherwise stated, prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.
Prices displayed in our online stores may differ from prices in physical stores or other online stores operated by third parties. We may occasionally offer promotions that affect pricing and are subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete;
(ii) you are authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges incurred by you at the posted prices, including shipping, handling charges, and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only unless expressly agreed otherwise. We shall not be liable for delivery delays caused by shipping carriers, customs authorities, or circumstances beyond our reasonable control.
For consumers, the risk of accidental loss or deterioration of the goods passes only upon delivery of the goods to the consumer or a recipient designated by the consumer.
For business customers, the risk of accidental loss or deterioration of the goods passes to the customer upon handover of the goods to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, text, advertisements, images, graphics, product reviews, videos, audio recordings, and the design, selection, and arrangement thereof, are the property of YTCards, its affiliates, or licensors and are protected by copyright and other intellectual property rights.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any materials available through the Services.
Except as expressly provided herein, nothing in these Terms grants you any license or right under any patent, trademark, copyright, or other intellectual property right of YTCards, Shopify, or any third party.
All rights not expressly granted herein are reserved by YTCards.
The names, logos, product names, service names, designs, and slogans of YTCards are trademarks of YTCards or its affiliates or licensors. You may not use such marks without prior written permission.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools as part of the Services. We neither monitor nor control these tools.
You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis without warranties, representations, conditions, or endorsements of any kind.
We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.
Any new features or tools added to the Services in the future shall also be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
If you leave our Services to access a third-party website, you do so at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or transactions made through third-party websites.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
YTCards is powered by Shopify, which enables us to provide the Services. However, all purchases and sales made through our store are conducted directly with YTCards.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and YTCards, including any injury, damage, or loss resulting from the purchase of products or services.
You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or related to your transactions with YTCards.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.
For more information about how we, Shopify, and our partners use personal data, please refer to our Privacy Policy.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes.
You represent that:
(i) you own or otherwise control all rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with the Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services for unlawful, fraudulent, abusive, harmful, defamatory, misleading, or otherwise prohibited activities, nor may you interfere with the operation or security of the Services.
We reserve the right to suspend, disable, or terminate your account without notice if you violate these Terms.
SECTION 14 – AGENTS
14.1 This section applies when you use, enable, or permit an automated agent to access or interact with the Services.
14.2 No agent may access or interact with the Services unless it identifies itself and complies with the requirements of this section.
14.3 We may restrict how agents access or interact with the Services, including through technical measures.
14.4 Agents must:
(i) identify themselves in HTTP/HTTPS requests using “Agent/[Agent Name]” in the User-Agent string;
(ii) not disguise automated activity as human activity;
(iii) respond truthfully when asked whether interactions originate from a human or a machine; and
(iv) not bypass measures intended to regulate or restrict agent access.
SECTION 15 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without notice. You remain responsible for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 – WARRANTY DISCLAIMER
Statutory warranty rights shall apply.
Information, product descriptions, images, and other content provided in our store are for general informational purposes only. Despite careful review, we do not guarantee the completeness, accuracy, timeliness, or error-free nature of all content.
Nothing in these Terms and Conditions shall affect the statutory rights of consumers, including statutory warranty rights.
SECTION 17 – LIMITATION OF LIABILITY
We shall be liable without limitation for intent, gross negligence, and damages arising from injury to life, body, or health.
In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), our liability shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
Any further liability for damages caused by slight negligence shall be excluded.
The above limitations of liability shall not apply in cases of fraudulent concealment, the assumption of a guarantee, or where liability arises under applicable product liability laws.
To the extent that our liability is excluded or limited, such exclusion or limitation shall also apply to the personal liability of our employees, representatives, agents, and vicarious agents.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless YTCards, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or relating to:
(1) your breach of these Terms and Conditions or any documents incorporated herein by reference;
(2) your violation of any applicable law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that any delay in notification shall not relieve you of your obligations unless such delay materially prejudices your ability to defend against the claim.
We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel. However, we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.
You agree to cooperate in the defense of any indemnified claim, including by providing relevant documents and information.
SECTION 19 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, invalid, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions.
Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.
They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any previous versions of these Terms and Conditions.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, assign, transfer, or otherwise convey this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations without your consent and without notice to you.
SECTION 22 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
SECTION 23 – HEADINGS
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS
The most current version of the Terms and Conditions will always be available on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions by posting updates and changes on our website.
It is your responsibility to review our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes shall become effective on the date specified in the notice.
By continuing to access or use the Services after changes have been posted, you agree to be bound by the revised Terms and Conditions.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms and Conditions should be sent to:
Our contact details are provided below:
Y Trading Cards
Owner: Yannik Mainzer
Sachsenring 11
27711 Osterholz-Scharmbeck
Germany
Phone: +49 15678 330982
Email: info@ytcards.de
VAT Identification Number pursuant to Section 27a German VAT Act (UStG): DE463071041