T&C
Contents
- Contracting parties / validity
- Offers, orders and conclusion of contract
- Prices
- Payment / offsetting / right of retention
- Reservation of title
- Shipping costs
- Delivery
- Cancellation policy
- Warranty – limitations of liability
- Privacy policy
- Severability clause
- Venue, place of performance
1. Contracting parties / validity
1.1 Contract partner is
uuio GmbH Langenfelder Str. 93 22769 Hamburg Germany
Phone: +49.(0)40.53027341 Mail: hello@uuio.de
VAT No.: DE 304757715
1.2 Our general terms and conditions (T&Cs) are an integral part of the contract and apply therefore to all current and future business, deliveries and services with you. The T&Cs are accepted by you in the full scope in the version applicable at the time of the conclusion of the business transaction. Provisions that differ from these terms, especially your possible terms of business, are hereby rejected. The T&Cs apply to both entrepreneurs and consumers.
The customer is deemed a consumer unless the goods and services ordered are used for a purpose related to their company or sole trader business. In contrast, an entrepreneur is a natural person or a legal entity or a partnership with legal capacity acting in execution of their autonomous professional or commercial activity in the conclusion of the contract.
2. Offers, orders and conclusion of contract
2.1 All our offers are always non-binding and without obligation. Your order constitutes a binding offer to us that we accept with the shipping of your order or by sending a separate declaration of acceptance via email (however not with the automatic email confirmation of your order). No purchase agreement shall be deemed concluded for products from the very same order that cannot be sent to you or that are not listed in the declaration of acceptance.
2.2 Only a person of age may place an order with us. At our request, you are required to send us a photocopy of your personal identity card.
2.3 Ancillary agreements are only effective if they are confirmed in writing.
2.4 We explicitly reserve the right to make price changes, technical changes, mistakes, printing errors or prior sales.
3. Prices
All prices include the current statutory value added tax. The shipping costs are listed separately and are set out in paragraph 6. The prices listed at the time of placing the order are valid. All customary customs duties shall be borne by you.
4. Payment / offsetting / right of retention
4.1 The purchase price, including all costs, falls due 14 days after invoicing. Payments are to be made strictly net without cash discount or other deductions, as long as no other mode of payment is expressly agreed in writing.
4.2 Insofar as the payment due date is determined by the calendar, in failing to comply with this date you are in default. In the event of default of payment we are entitled to charge interest to the amount of 5 percent above the base interest rate of the European Central Bank for consumers and 9 percent for companies p.a. Further claims for damages shall remain unaffected.
4.3 Payment options: The purchase price can be paid by bank transfer or direct debit. First orders placed by a company must be paid in advance.
4.4 You may only offset claims against us if your counterclaim is uncontested or a final judgement has been given. Furthermore, you are only authorised to exercise a right of retention if your counterclaim is based on the same contractual relationship.
5. Reservation of title
Every delivery is made subject to reservation of title, only when the goods are paid for in full does the property pass to you. Until this point in time the goods may not be resold, seized, assigned as a security or encumbered with any other rights.
6. Shipping costs
6.1 In addition to the value of the goods, the shipping costs shown when completing the order must be paid.
6.2 We explicitly reserve the right, if necessary and due to the singular nature of the order (especially e.g. when delivering to a non-European country; orders of a large quantity), to charge higher shipping costs after consulting with you. If you do not agree to an adjustment of the shipping costs, you have the option of cancelling your order. Any payments which have already been made will be reimbursed immediately.
7. Delivery
7.1 Delivery shall be made exclusively to a street address within Germany or the European Union, unless explicitly agreed otherwise at the request of the customer. We do not accept responsibility for any customs duties; these must be paid separately by the customer.
7.2 Delivery within Germany will be made to the address you specify, using a parcel service or a forwarding agent of our choice. Deliveries to other countries may take longer. If there are delays in delivery, we will inform you immediately.
7.3 If the goods or part of the goods ordered are temporarily out of stock, we shall inform you of this immediately in the order confirmation. The same applies for goods that are no longer available.
7.4 If delivery to the customer is not possible for reasons which lie with the customer, the customer bears the costs for the unsuccessful delivery.
7.5 Insofar as you, as a company, order our goods for resale, please note that resale may not take place in the USA or Canada.
7.6 Should we fail to meet a delivery date, you shall grant us a reasonable grace period of at least two weeks.
8. Consumer’s right of revocation
8.1 Cancellation policy
Right of revocation
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods or, in the event of a contract for several goods, once all goods have been delivered or the final delivery has been made.
To exercise the right of withdrawal, you must inform us
uuio GmbH Langenfelder Str. 93 22769 Hamburg Germany
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your intent to exercise your right of withdrawal before the withdrawal period has expired.
Effects of revocation:
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of any additional costs resulting from your choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than 14 days from the day on which we receive notification of your intention to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to
uuio GmbH Langenfelder Str. 93 22769 Hamburg Germany
without undue delay and in any event no later than 14 days from the day on which you communicate to us your withdrawal from this contract. The deadline is deemed to have been met if you send back the goods before the period of 14 days has expired.
For goods that cannot be sent by parcel post, the costs are estimated at a maximum of about 90 EUR per item within Germany.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the cancellation policy
8.2 Cancellation form
If you wish to cancel the contract then please fill out this cancellation form and return it to us:
uuio GmbH Langenfelder Str. 93 22769 Hamburg Germany
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / delivery of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (for communications on paper)
Date
(*) Delete as applicable
9. Warranty – limitations of liability
9.1 We are liable for defects according to the legal requirements, insofar as liability is not excluded or limited according to the following provisions. An assignment of corresponding claims is excluded.
9.2 With regard to our products the following limitation of liability applies: Possible slight variations in colour between the image and the delivered goods are due to technical reasons and do not constitute a defect.
No liability is assumed for defects of textile products which are caused by disregard of the care instructions.
Insignificant reasonable deviations regarding workmanship (colour and structure), especially concerning repeat orders, are reserved, as long as these are customary and within the nature of the used materials.
9.3 Unless agreed otherwise, the statutory warranty period of 24 months from delivery applies for defects. For complaints by merchants, the warranty obligation for goods delivered by us is 12 months.
9.4 You are obligated to permit us to inspect the defective goods. If you are a retailer and the assertion of claims for defects has not been excluded, we shall provide warranty for the defects at your discretion by remedy or delivery of a replacement (supplementary performance).
If you are a consumer, however, you may choose between supplementary performance (remedy or delivery of a replacement), withdrawal from the contract or a reduction of the purchase price. Insofar as you choose supplementary performance, you must first grant us an additional reasonable period of time, so long as this is not legally superfluous. We are, however, entitled to refuse the type of supplementary performance chosen if this is only possible at unreasonable expense or we are unable to provide subsequent delivery.
9.5 No warranty obligation exists for damages caused by normal deterioration as well as improper use. We shall bear the risk and expenses for the return shipping of rightfully rejected goods. We shall also bear the costs for resending the goods.
9.6 Claims for damages are excluded. Exempt from these are damages claims relating to injury to life, body or health or relating to a serious breach of primary contractual obligations as well as liability for other damages caused by intentional or reckless violation of primary obligations through us. Primary contractual obligations are those that are required to be fulfilled to achieve the aim of the contract. In the event of a breach of primary contractual obligations, we shall only be liable for typical contractual and foreseeable damages if such damages are based on minor negligence, unless the claims for damages are attributable to the loss of life, physical injury or detrimental effects on health. We shall also not be liable for the continual and uninterrupted availability of our online shop. The aforementioned restrictions also apply to our legal representatives and vicarious agents insofar as claims are asserted directly against them. 9.6 Claims for damages are excluded. Exempt from these are damages claims relating to injury to life, body or health or relating to a serious breach of primary contractual obligations as well as liability for other damages caused by intentional or reckless violation of primary obligations through us. Primary contractual obligations are those that are required to be fulfilled to achieve the aim of the contract. In the event of a breach of primary contractual obligations, we shall only be liable for typical contractual and foreseeable damages if such damages are based on minor negligence, unless the claims for damages are attributable to the loss of life, physical injury or detrimental effects on health. We shall also not be liable for the continual and uninterrupted availability of our online shop. The aforementioned restrictions also apply to our legal representatives and vicarious agents insofar as claims are asserted directly against them.
The liability according to the Product Liability Act remains unaffected.
9.7 A warranty for goods supplied by us is only deemed to exist if it is expressly stated in the order confirmation for the respective item.
10. Privacy policy
10.1 We observe all regulations set out in the Data Protection Act and Telemedia Act when handling your personal information and we are authorised to process and store all data relating to our business relationship with you in accordance with these laws.
10.2 You can find more information concerning the type, scope, location and purpose of the collection, processing and use of personal data required for the execution of orders in our privacy policy.
10.3 Furthermore, we are authorised under current laws to obtain information from trade and credit agencies on your creditworthiness.
11. Severability clause
Should any individual provisions in the above terms be or become invalid, either in part or in full, this will not affect the validity of the other provisions. In this case, the contracting parties shall replace the invalid provision with a legally valid provision which comes closest to the commercial purpose of the invalid provision. The abovementioned provision shall apply accordingly in case of loopholes.
12. Venue, place of performance
12.1 As far as legally permissible German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state of your ordinary residence shall remain unaffected.
12.2 To the extent that you have no residence or regular address in Germany or you change your principal address to move abroad after the conclusion of the contract, or if your principal address is not known at the time of bringing a lawsuit, the place of jurisdiction for any disputes is our principal place of business in Hamburg.