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The right to cancel an order described below shall not apply if the goods you order are intended for use in your commercial or freelance professional capacity.
Declaration of the right to cancel orders as per Article 355, paragraph 2, BGB (German Civil Code).
Right to cancel orders
You have the right to revoke your contractual obligations within two (2) weeks without stating any reason by submitting written notification (by letter, fax or e-mail, for example) of this intent or by returning the product or goods in question. The period of the right to cancel orders shall commence upon reception of this declaration at the earliest. The submission of a written revocation or dispatch of the product or goods in question within the stated period shall be regarded as complying with the terms of the period of notice. The cancellation of an order should be submitted to the following address:
UNICO GmbH Adringenstraße 4 80639 Muenchen Tel.: +49-89-2878869-0 Fax: +49-89-2878869-11 E-mail: kontakt@unico-group.com
Consequences of cancellation
In the event of the cancellation of an order taking effect, the services received by each party shall be returned and any derived benefits shall be transferred. Should a customer of UNICO GmbH not be able to return all of the received service or goods, or only able to return part of the said service or goods or only in an inferior state to the original state, he or she shall be obliged to make compensation to UNICO GmbH to the requisite extent. This shall not apply to goods if their deterioration is due solely to their inspection – which could be made possible to you on shop premises, for example. You can avoid claims for compensation to the value of the goods by not treating the goods as your own property and by avoiding everything that could depreciate their value. Goods that can be dispatched in packages should be returned by dispatch if the order is to be cancelled. The customer shall bear the costs of returning the goods if the received goods are what were ordered and if the price of the goods to be returned does not exceed the value of 40 euro, or in the case of higher prices, if the customer has not yet paid either the full price or part of it for the received goods at the time of issue of the cancellation of the order. In all other cases, UNICO shall bear the charges for returning the goods. Goods that cannot be dispatched in packages shall be collected from the customer. Customers must honor their obligations relating to payments within thirty (30) days of issue of their declaration of cancellation of an order.
Exceptions
Unless otherwise regulated, the right to cancellation does not apply to contracts or agreements in the following respects:
- for delivery of goods that are produced according to customer specification or clearly tailored to the personal requirements of the customer, or due to their nature are not suitable for return or can quickly decompose or whose date of expiry has been reached
- for delivery of audio or video recordings or of software for which the seals on the supplied data media have been removed by the consumer
- for delivery of newspapers, magazines and illustrated publications
- for provision of gambling and lottery services or
- contracts that have been concluded within the context of auctions (Article 156, BGB (German Civil Code)).
I General information, scope
All services are always provided for customers by UNICO GmbH – referred to hereafter as UNICO – based on the following general terms and conditions. Terms and conditions deviating from the terms and conditions stated here shall only apply provided they have been agreed upon in writing between the UNICO Internet shop and the customer, or are expressly stated in these General Terms and Conditions.
II Conclusion of the Agreement
(1) The goods and services offered by UNICO on the Internet represent a non-binding request for customers to order goods from the UNICO Internet shop.
(2) By ordering goods on the Internet, the customer issues a binding offer for the conclusion of a sales agreement.
(3) UNICO shall have the right to accept this offer within ten (10) calendar days by sending confirmation of the order to the customer. Orders shall be confirmed by communication by e-mail. Orders that are not confirmed within the ten-day period shall be regarded as dismissed.
III Payment
(1) Payment of goods shall be optionally made in advance or upon delivery, by credit card, direct bank debit or on account. Cash on delivery is only permitted for orders in Germany. UNICO reserves the right to accept or reject particular forms of payment in individual cases.
(2) In the case of advance payment, the customer shall be obliged to pay the requisite price directly upon conclusion of the sales agreement. In the case of COD (cash on delivery), the customer shall be obliged to pay the requisite price directly upon delivery of the goods. In the case of payment on account, the customer shall be obliged to pay the invoiced amount within fourteen (14) days of reception of the goods. For payments by direct bank debit, the transaction shall be completed within one week of conclusion of the sales agreement. Credit card payments shall be concluded upon dispatch of the goods.
(3) Customers in arrears of payment shall be liable for any negligence. Customers in such cases shall also be liable for accidental damage unless the damage would also have taken place even if the payment had been made on time.
(4) Interest shall be due on the purchase price in the case of delayed payment. The interest rate for delayed payments shall be five (5) per cent above the base interest rate per annum. In the case of legal transactions in which a customer is not involved, the interest rate shall be eight (8) per cent above the base interest rate.
(5) Claims for compensation due to further damages shall not be excluded.
IV Delivery
(1) Goods can only be delivery provided stocks are available.
(2) Goods are delivered by dispatch from the warehouse to the address stated by the customer. For orders paid in advance, delivery is generally 2–3 work days after receiving payment of the purchase price. Otherwise, delivery shall generally take 2–3 work days as of issue of confirmation of the order. These terms shall not be binding unless otherwise agreed.
(3) Goods shall be delivered in accordance with the charges for postage and packaging stated in the Internet order. In the case of international deliveries, unless otherwise stated, the price for postage and packaging shall be calculated according to weight. Customers requesting a particular type of dispatch that entails higher costs must bear these additional costs.
V Reservation of ownership
The goods shall remain the property of UNICO until paid for in full by the customer. Before ownership changes hands, pawning, transfer of property by way of security or remodeling of the goods shall not be permitted without the expression approval of UNICO.
VI Prices
(1) Updates of the Internet pages of the UNICO Internet shop render invalid all prior prices and other details regarding goods.
(2) The determinant factor for billing is the price applicable at the time of placement of the order by the customer.
VII Withdrawal
(1) UNICO shall reserve the right to withdraw from a sales agreement, also in regard to any part of the delivery or service that is still incomplete, should incorrect details in regard to the credit rating of the customer have been given or if there are any objective reasons regarding the customer's inability to pay, and if the said customer does not pay in advance or provide suitable collateral before delivery of the goods in response to a request to do so by the UNICO Internet shop, or if bankruptcy proceedings have begun against the customer, or if an application to open bankruptcy proceedings against the customer have been rejected because of a lack of assets to cover the associated costs.
(2) Notwithstanding any claims to compensation by the UNICO Internet shop, services and goods already partly provided shall be billed and paid according to the terms of the agreement in the case of partial withdrawal from the agreement.
VIII Warranty
(1) The period of warranty shall last two (2) years. In the case of legal transactions in which a customer is not involved or in which used goods are sold, the warranty period shall be one (1) year.
(2) Should the goods be faulty, the customer shall have the right as he chooses to have the problem resolved or new goods delivered in their place. Notwithstanding Article 275, paragraphs 2 and 3 of the BGB (German Civil Code), UNICO can refuse the customer's choice if that choice is only possible with unreasonable costs. In particular, the value of the object in its perfect state, the significance of the deficiency and the question as to whether the alternative solution could be used without substantial disadvantages for the customer shall be considered in this situation. In this case, the customer's claim is restricted to the alternative solution – the right of UNICO to refuse this option under the conditions stated in the first sentence shall remain intact.
(3) If the sale represents a commercial act, the customer shall be obliged to inspect the goods directly upon receipt to the extent permitted by appropriate business procedures. Any fault or deficiency is detected must be directly reported to UNICO by the customer. Should the customer not report any fault or deficiency detected, the goods shall be deemed to be accepted by the customer unless the fault or deficiency is one that could not be detected during the inspection. Any fault or deficiency detected at a later point in time must be reported to UNICO directly upon its detection, otherwise the goods shall be deemed to be accepted by the customer even in view of the fault or deficiency. These terms shall not apply if the fault or deficiency was concealed for duplicitous reasons. The customer retains his rights by reporting the detected fault or deficiency in good time.
(4) Should UNICO deliver a replacement object in proper order to replace the faulty goods, the company can request the customer to return the faulty goods in accordance with the terms of Articles 346 to 348 of the BGB (German Civil Code).
(5) Damages due to actions of the customer that are improper or violate the terms of the agreement, or caused by installation, connection, operation or storage shall not justify any claims against UNICO Internet shop. Improper use and violation of the agreement shall be assessed in particular according to the information and terms of the manufacturer of the delivered goods.
IX Limitation of liability
(1) UNICO shall only assume liability for damages other than damages due to injury to life, body and health insofar as the damages are a result of deliberate or grossly negligent conduct, or violation of a key contractual duty by UNICO or the company's agents. Liability for compensation for damages beyond these terms shall be excluded. The terms and conditions of the product liability law shall remain unaffected by these terms and conditions.
(2) Data communication over the Internet cannot be guaranteed to be without errors and/or available at all times with today's technology. UNICO shall therefore not assume liability relating to constant availability of the UNICO Internet shop.
X Data protection
All personal data required for completion of orders shall be saved in machine-readable format and treated with confidentiality. Data required for processing orders, such as the customer's name and address, shall be forwarded to the company contracted to deliver the ordered goods as part of the delivery process.
XI Court of jurisdiction
All conflicts associated with this legal association between the parties to the agreement shall be subject to German law. UN commercial law shall not apply. Should the parties to the agreement be commercial persons, the court of law in the location where the UNICO (head) offices are registered shall be responsible for legal issues pertaining to the agreement provided no other exclusive court of jurisdiction is specified for that purpose.
XII Separability
Should any term or condition of the Agreement be or become void, illegal or unenforceable, the validity of the remaining terms and conditions thereof shall in no way be affected.
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