General terms and conditions with customer information
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- liability for defects
- Exemption in the event of infringement of third-party rights
- Redeeming gift vouchers
- Redeeming promotion vouchers
- Applicable law
- Information on Online Dispute Resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "UXGO" (hereinafter referred to as "Seller") apply to all contracts which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For the purchase of vouchers, these GTC apply accordingly, unless otherwise expressly regulated.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.4 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer to the seller by telephone, fax, e-mail or post.
2.3 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the present general terms and conditions after sending the order. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before sending his order.
2.6 Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries continuously via the usual keyboard and mouse functions before binding submission of the order within the framework of the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the order is bindingly placed and can also be corrected there using the usual keyboard and mouse functions.
2.7 Please note that, as an exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not received them correctly or on time (congruent covering transaction). A further prerequisite is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. If the goods are unavailable, we will reimburse you immediately for any payments already made.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. right of revocation
3.1 In principle, consumers are entitled to a right of withdrawal. In the case of a return of goods, please use the return label which is either enclosed with your order or which you can print out via your customer account. You can also request this label via our hotline. Please help us to avoid unnecessary costs and do not return the goods without a return label.
3.2 Your legal right of withdrawal:
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods or, in the case of partial deliveries, of the last delivery. In order to exercise your right of revocation, you must contact UXGO GmbH, Tannenbergstrasse 39, 73230 Kirchheim/Teck, e-mail: [email protected] by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract. You can use the attached sample revocation form for this purpose. However, this is not mandatory. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement using the contact form on our website. If you make use of this option, we will immediately (e.g. by email) send you a confirmation of receipt of your revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation:
If you cancel/return this contract in full, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract. With the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us or the delivery address is not in Germany. In the event of a partial revocation/partial return, we reserve the right to retain the shipping costs for the items not included in the revocation. For such refund we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have proved that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods if you use the return label provided by us for a return shipment within Germany. Otherwise the return costs are to be borne by you. You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for checking their condition, properties and function.
Sample withdrawal form (If you wish to withdraw from the contract, please fill out this form and send it back) To UXGO GmbH, Tannenbergstrasse 39, 73230 Kirchheim/Teck, e-mail: [email protected] Herewith I/we (*) cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ - ordered on (*)/received on (*) - name of the buyer(s).
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4. prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The customer has various payment options at his disposal, which are specified in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.
5. terms of delivery and dispatch
5.1 The delivery of goods shall take place regularly by dispatch and to the delivery address specified by the customer. The delivery address stated in the purchase transaction of the seller is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance.
5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may collect the goods from the seller's registered office after consultation with the seller. In this case no shipping costs will be charged.
5.4 Vouchers are given to the customer as follows:
- by e-mail, download or post;
6. retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7. liability for defects
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.
8. exemption in the event of infringement of third-party rights
If, according to the contents of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer shall ensure that the contents provided to the Seller by him for the purpose of processing do not infringe the rights of third parties (e.g. copyrights or trademark rights). The Customer shall indemnify the Seller against any claims by third parties which they may assert against the Seller in connection with a violation of their rights through the contractual use of the contents of the Customer by the Seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and attorney fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information which is necessary for the examination of the claims and a defense in the case of a claim by third parties.
9. redemption of gift vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop.
9.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer's voucher account by the expiry date.
9.3 Gift vouchers can only be redeemed prior to the completion of the order process. Subsequent settlement is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 Reicht der Wert des Geschenkgutscheins zur Deckung der Bestellung nicht aus, kann zur Begleichung des Differenzbetrages eine der übrigen vom Verkäufer angebotenen Zahlungsarten gewählt werden.
9.7 Das Guthaben eines Geschenkgutscheins wird weder in Bargeld ausgezahlt noch verzinst.
9.8 Der Geschenkgutschein ist übertragbar. Der Verkäufer kann mit befreiender Wirkung an den jeweiligen Inhaber, der den Geschenkgutschein im Online-Shop des Verkäufers einlöst, leisten. Dies gilt nicht, wenn der Verkäufer Kenntnis oder grob fahrlässige Unkenntnis von der Nichtberechtigung, der Geschäftsunfähigkeit oder der fehlenden Vertretungsberechtigung des jeweiligen Inhabers hat.
10. Einlösung von Aktionsgutscheinen
10.1 Gutscheine, die vom Verkäufer im Rahmen von Werbeaktionen mit einer bestimmten Gültigkeitsdauer unentgeltlich ausgegeben werden und die vom Kunden nicht käuflich erworben werden können (nachfolgend "Aktionsgutscheine"), können nur im Online-Shop des Verkäufers und nur im angegebenen Zeitraum eingelöst werden.
10.2 Einzelne Produkte können von der Gutscheinaktion ausgeschlossen sein, sofern sich eine entsprechende Einschränkung aus dem Inhalt des Aktionsgutscheins ergibt.
10.3 Aktionsgutscheine können nur vor Abschluss des Bestellvorgangs eingelöst werden. Eine nachträgliche Verrechnung ist nicht möglich.
10.4 Pro Bestellung kann immer nur ein Aktionsgutschein eingelöst werden.
10.5 Der Warenwert muss mindestens dem Betrag des Aktionsgutscheins entsprechen. Etwaiges Restguthaben wird vom Verkäufer nicht erstattet.
10.6 Reicht der Wert des Aktionsgutscheins zur Deckung der Bestellung nicht aus, kann zur Begleichung des Differenzbetrages eine der übrigen vom Verkäufer angebotenen Zahlungsarten gewählt werden.
10.7 Das Guthaben eines Aktionsgutscheins wird weder in Bargeld ausgezahlt noch verzinst.
10.8 Der Aktionsgutschein wird nicht erstattet, wenn der Kunde die mit dem Aktionsgutschein ganz oder teilweise bezahlte Ware im Rahmen seines gesetzlichen Widerrufsrechts zurückgibt.
10.9 Der Aktionsgutschein ist nur für die Verwendung durch die auf ihm benannte Person bestimmt. Eine Übertragung des Aktionsgutscheins auf Dritte ist ausgeschlossen. Der Verkäufer ist berechtigt, jedoch nicht verpflichtet, die materielle Anspruchsberechtigung des jeweiligen Gutscheininhabers zu prüfen.
11. applicable law
11.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
11.2 Furthermore, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12. information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.