General Terms & Conditions & Customer Information
A. General Terms & Conditions
· 1. Scope
· 2. Contract conclusion
· 3. Return shipment costs when exercising the right of revocation
· 4. Prices and payment terms
· 5. Delivery and shipping terms
· 6. Warranty in case of defects
· 7. Applicable law, place of jurisdiction, contract language
B. Customer Information
· 1. Information about the seller's identity
· 2. Information about the significant characteristics of the product or service
· 3. Information about the contract conclusion
· 4. Information about payment and delivery
· 5. Information about the technical steps that lead to the contract conclusion
· 6. Information about storing the contract text
· 7. Information about the technical means for identifying and rectifying input errors
· 8. Information about the languages available for the contract
· 9. Information about the OS platform
A. General Terms & Conditions
These General Terms & Conditions of UniMerch Merchandising GmbH (hereinafter referred to as “Seller”) apply to all contracts that a consumer or business customer (hereinafter referred to as “Customer”) concludes with the seller with regard to the products and/or services the seller offers through their online shop. A customer’s own Terms & Conditions are hereby explicitly rejected, unless agreed otherwise.
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) Contract conclusion
The product descriptions in the online shop of the seller do not represent binding offers of the seller, but solely serve the purpose of enabling the customer to make a binding offer to the seller.
The customer can make this offer via the online order form that is part of the seller's online shop. In order for this to happen, the customer must enter his/her personal details before pressing the submit button which finalises the order activation; this constitutes a legally binding offer of contract for the products or services in his/her shopping basket. The customer may also make this offer by faxing the order to the seller.
The seller can accept the customer’s order within two days by
· sending the customer a written or electronic order confirmation (electronic = fax or e-mail); the critical point in time being when the customer receives the order confirmation
· delivering the ordered products to the customer; the critical point in time being when the customer receives the goods
· requesting payment from the customer once the customer’s order has been received.
If there are more options than the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned scenarios first takes place. If the seller does not accept the customer’s offer within the aforementioned time period, this will be deemed as a rejection of the offer, with the consequence that the customer is no longer legally bound by his/her declaration of intent.
The time period 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 said time period fall on a Saturday, Sunday, or a statutory public holiday in the seller's country, the deadline will be the next working day.
Order processing and contact with the customer generally takes place via e-mail as part of an automated order processing system. The customer must ensure that the e-mail address provided for order processing is correct, so that any e-mails sent by the seller to this address are received by the customer. The customer must in particular ensure that any active spam filters do not prohibit the customer from receiving the e-mails sent by the seller or by third parties commissioned with the order processing for the seller.
3) Return shipment costs when exercising the right of revocation
If a customer has a right of revocation, he/she will have to bear the standard costs for the return shipment when exercising this right of revocation in the following cases: if the price of the product(s) returned does not exceed 40 euros in total; or if the price exceeds 40 euros, if he/she has not purchased the return service or made the contractually agreed partial payment for the product(s) at the time of revocation, unless the delivered product(s) did not correspond to the order. In all other cases the seller shall bear the costs of the return shipment.
4) Prices and payment terms
The prices stated by the seller are total prices and include the statutory value-added tax. Any additionally incurred delivery and shipment charges will be indicated separately in the product descriptions.
When delivering to countries outside of the European Union, further costs may be incurred in individual cases, which shall be borne by the customer and not the seller. These include, for instance, charges for money transfers by financial institutions (e.g., bank transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).
The customer has different payment options at his/her disposal, as indicated in the seller’s online shop.
If advance payment is agreed, payment must be made immediately upon contract conclusion.
When opting for ‘Payment on delivery’, the purchase price must be paid net within 14 (fourteen) days from the date of receipt of the invoice, unless different terms were agreed. The seller reserves the right to carry out a credit check when the ‘Payment on account' payment option is chosen, and reserves the right to decline this payment option if the credit check turns out negative.
5) Delivery and shipping terms
The delivery of goods is effected by shipment to the address specified by the customer. When processing the transaction, the delivery address entered by the seller during the order process is decisive.
In the event of the carrier company returning the goods to the seller because it was not possible to deliver them 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 service offered, unless the seller did notify him/her about the service in a reasonable amount of time beforehand.
5.3 Collection by the customer is not possible for logistical reasons.
6) Warranty in case of defects
The statutory warranty applies in case of defects.
7) Applicable law, place of jurisdiction, contract language
All legal relationships between the parties are subject to the laws of the Federal Republic of Germany, except for the laws on the international purchase of movable goods. For consumers, this choice of law applies only as long as the protection granted is not removed by imperative provisions of the law of the country in which the consumer has his/her habitual place of residence.
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 seller's registered office shall be the exclusive place of
jurisdiction for all disputes arising from this contract, 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 seller's identity
UniMerch Merchandising GmbH
Tel: +49 8141 3698-0
Fax: +49 8141 3698-31
Managing Director: Michael Hagemann, Gertrud Hagemann, Ziyad Hayat
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 product or service
The significant characteristics of the product or service arise from the product descriptions as entered for the respective product by the seller.
3) Information about the contract conclusion
Contract conclusion is effected in accordance with Section 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 and identifying input errors
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 entered are again shown in a confirmation window prior to making a binding order and, if necessary, may again be corrected there using standard keyboard and mouse functions.
8) Information about the languages available for the contract
The German language is the exclusive language of the contract.
9) Information about the OS platform
Please note that the link to the online platform by the EU Commission for extrajudicial online dispute resolution ("OS platform") is currently not yet active. We will update the link as soon as the platform is available online.