General Terms & Conditions & Customer Information
General Terms & Conditions
· 1. Scope
· 2. Conclusion of a contract
· 3. Return shipment costs when exercising the right of revocation
· 4. Prices and payment terms
· 5. Delivery and shipping terms
· 6. Warranty for defects
· 7. Applicable law, place of jurisdiction, contract language
B. Customer Information
· 1. Information about the identity of the seller
· 2. Information about the significant characteristics of the good or service
· 3. Information about the conclusion of contract
· 4. Information about payment and delivery
· 5. Information about the technical steps that lead to the conclusion of contract
· 6. Information about the storing of the wording of the contract
· 7. Information about the technical means for finding input errors and to rectify these
· 8. Information about the languages available for use in the conclusion of contract
· 9. Information about the OS platform
General Terms & Conditions
1.1 These business terms & conditions of UniMerch Merchandising GmbH (in the following referred to as “Seller”) apply to all contracts that a consumer or business customer (in the following referred to as “Customer”) concludes with the seller with regard to the goods and/or services that the seller offers through their online shop. A customer’s own terms & conditions are herewith explicitly rejected, unless agreed otherwise.
1.2 A consumer in the sense of these General Terms & Conditions is any natural person who concludes a legal transaction for a purpose that can neither be assigned to their commercial, nor to their independent professional activity. A business customer in the sense of these General Terms & Conditions is any natural person or legal entity or any legal partnership which at the time of concluding a legal transaction is carrying out his/her independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not represent binding offers of the seller, but solely serve the purpose to enable the customer to make a binding offer to the seller.
2.2. The customer can make this offer via the online order form that is part of the online shop of the seller. For this to happen the customer, after having entered his/her personal details, is making a legally binding offer of contract for the goods or services contained in his/her shopping basket by pressing the submit button which finalises the order activation. The customer may also make this offer by faxing the order to the seller.
2.3 The seller can accept the customer’s order within two days
· by sending the customer a written or electronic order confirmation (electronic = fax or email), decisive in this is the point in time when the customer receives the order confirmation
· by delivering the ordered goods to the customer, decisive in this is the receipt of the goods by the customer
· by requesting payment from the customer once the customer’s order has been received.
If more than the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives happens first. Does the seller not accept the customer’s offer within the aforementioned time limit, it will be deemed as a rejection of the offer with the consequence that the customer is no longer legally bound to his/her declaration of intent.
2.4 The time limit for accepting the offer starts with the day the offer was sent by the customer and ends two full days after that. Should the final day of the deadline fall onto a Saturday, Sunday or on a statutory bank holiday in the country of the seller, the deadline day shall be replaced by the next working day.
2.5 Order processing and making contact with the customer is generally effected by email as part of an automated order processing. The customer must ensure that the email address he/she has provided for order processing is correct, so that the emails sent by the seller to this address are received by the customer accordingly. The customer must in particular ensure that any SPAM filters in operation do not prohibit the customer receiving the emails sent by the seller or by third parties contracted to handle the seller’s order processing.
3) Return shipment costs when exercising the right of revocation
If a customer has the right of revocation, he/she shall have to bear the regular costs for return shipment when exercising the right of revocation, if the price of the good thus returned does not exceed the sum of 40 Euros, or in the event of the price being higher, he/she has not brought the return service or made the contractually agreed partial payment for the good at the time of revocation, unless the good delivered did not correspond to the order. In all other cases the seller shall bear the costs for return shipment.
4) Prices and payment terms
4.1 The prices stated by the seller are end prices and include statutory value added tax. Any additionally incurred delivery and shipment costs shall be indicated separately in the respective product description.
4.2 When delivering to countries outside of the European Union further costs may in individual cases be incurred, which shall be borne by the customer and not the seller. These include for instance costs for money transfers by credit institutes (e.g. bank transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 The customer has different payment options at his/her disposal, as indicated on the seller’s online shop.
4.4 If advance payment is agreed, payment must be made immediately upon contract conclusion.
4.5 When opting for the payment term ‘Payment on Delivery’, the purchase price must be paid net within 14 (fourteen) days from the date of receipt of invoice, unless different terms were agreed. The seller reserves the right to carry out a credit check in case of the payment option being ‘Payment on invoice’ and reserves the right to decline this payment option if the credit check turns out negative.
5) Delivery and shipping terms
5.1 The delivery of goods is effected regularly by shipment and to the address as indicated by the customer. When processing the transaction the delivery address entered during the order process of the seller shall be decisive.
5.2 In the event of the carrier company returning the goods shipped back to the seller because it was not possible to deliver to the customer, the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer exercises his/her right of revocation by not accepting the delivery, if he/she is not responsible for the circumstance that caused the unsuccessful delivery or if he/she was temporarily prevented from accepting the performance offered, unless the seller did notify him/her about the performance in a reasonable amount of time beforehand.
5.3 Collection by the customer is not possible due to reasons of logistics.
6) Warranty for defects
The statutory warranty for defects applies.
7) Applicable law, place of jurisdiction, contract language
7.1 All legal relationships between the parties are subject to the laws of the Federal Republic of Germany except for the laws about the international purchase of movable goods. For consumers this choice of law only applies as long as the protection granted is not removed by imperative provisions of the law of the state in which the consumer has his/her habitual residence.
7.2 If the customer acts as a merchant, a legal entity under public law or under public law special funds with his/her ordinary place of jurisdiction in the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all claims arising from this contract. If the customer has his/her registered office outside of the Federal Republic of Germany, the sellers registered office shall be the exclusive place of jurisdiction for all disputes arising from this contracts, if the contract or claims arising from this contract can be attributed the professional or commercial activity of the customer. In the aforementioned cases the seller shall at any rate be entitled to seek redress in a court at the customer’s registered office.
7.3 The contract language shall be German.
B. Customer Information
Information about the identity of the seller
UniMerch Merchandising GmbH
Tel: +49 8141 3698-0
Fax: +49 8141 3698-31
Managing Director: Michael Hagemann & Gertrud Hagemann
Registry Court: District Court Munich
Company Registration No.: HRB 182998
VAT Identification No. in accordance with Section 27 of the Value Added Tax Law: DE269098617
2) Information about the significant characteristics of the good or service
The significant characteristics of the good or service follow from the product descriptions as entered for the respective product by the seller.
3) Information about the conclusion of contract
Contract conclusion is effected in accordance with Point 2 of the seller’s General Terms & Conditions (see above).
4) Information about payment and delivery
Payment shall be effected in accordance with Point 4 of the seller’s General Terms & Conditions (see above) in conjunction with the details about the payment options as outlined on the seller's online shop. Delivery is effected in accordance with Point 5 of the seller’s General Terms & Conditions (see above).
5) Information about the technical steps that lead to the conclusion of contract
5.1 In order to make an offer through the online order form of the seller the customer has to perform the following technical steps:
5.1.1 Putting the desired item into the virtual shopping basket
5.1.2 Registering on the online shop by entering a username and password or – if a customer account does not yet exist – registering as a customer by opening a new customer account.
5.1.3 Entering an invoice and delivery address
5.1.4 Selecting the desired payment type
5.1.5 Summarising the order details
5.1.6 Sending the order off
5.2 Acceptance of the order by the seller is effected in accordance with Point 2.3 of the seller’s General Terms & Conditions (see above).
6) Information about the storing of the wording of the contract
When an offer is made through the seller’s online order form, the contract wording is stored by the seller and is send in text form (e.g. via email, fax or letter) to the customer together with the T&Cs and the Customer Information at hand once he/she has placed the order. Additionally, the contract wording is archived on the website of the seller and can be accessed free of charge by the customer via his/her password-protected customer account when entering the corresponding login data, if the customer has registered and opened a new customer account prior to sending his/her order on the seller’s online shop.
7) Information about the technical means for finding input errors and to rectify these
Prior to making a binding order offer through the seller’s online order form the customer is always able to correct his/her details by using standard keyboard and mouse functions. Furthermore, all data entry is again shown in a confirmation window prior to making a binding order and may again be corrected there if need be, using standard keyboard and mouse functions.
8) Information about the languages available for use in the conclusion of contract
The German language is the exclusive language for the conclusion of the contract.
9) Information about the OS platform
Information on Online Dispute Resolution: The European Commission will in the first quarter 2016 an internet platform for online settlement of disputes (so-called "ODR platform".) Deploy. The ODR platform should as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising, serving from online sales contracts. The ODR platform will be accessible via the following link: http://ec.europa.eu/consumers/odr