(1) The documents issued by UNGER GmbH & Co. KG (hereinafter referred to as "Unger" or "we") are provided exclusively on the basis of the following terms and conditions.
(2) Unger's online shop can be reached at www.unger.de and is aimed exclusively at consumers within the meaning of § 13 BGB (German Civil Code).
(3) A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity.
§ 2 CONTRACTUAL PARTNERS
You also conclude contracts:
UNGER GmbH & Co. KG
New Wall 35
D-20354 Hamburg, Germany
Germany (German)
Phone: +49 (0)40 600 88 50*
Fax: +49 (0)40 600 885 208
E-mail: service@unger.de
*Mon - Fri 09:00 - 19:00 o'clock, Sat 10:00 - 19:00 o'clock
Hamburg Local Court, HRA 4252
VAT Id No.: DE 118903925
Represented by the managing partner: UNGER Verwaltungsgesellschaft mbH, Amtsgericht Hamburg HRB 92814, (personally liable), represented by the managing director Florian Braun.
§ 3 CONCLUSION OF CONTRACT
(1) The presentation of the goods on our website does not constitute a legally binding offer to conclude a sales contract.
(2) By clicking the button "Buy Now" during the ordering process, the customer makes a binding offer to Unger to conclude a purchase contract for the goods contained in the shopping cart. The confirmation of the receipt of the order follows automatically after sending the order and does not yet represent an acceptance of the contract, but serves only as information.
(3) Unger can accept the customer's offer by confirming the dispatch of the goods by e-mail or by delivering the goods within five working days. Unger is not obliged to accept the offer. The goods will only be sent in advance after the full amount has been credited to our account.
(4) If a delivery of the ordered goods is not possible, for example because the corresponding goods are not available, Unger refrains from a declaration of acceptance. Already received consideration will be refunded immediately.
(5) If a financing offer is submitted to the customer in addition to the purchase offer, the effectiveness of the purchase contract is subject to the condition that the financing is taken over by the financing company.
§ 4 PRICES AND TERMS OF PAYMENT
(1) The prices stated on the product pages include the statutory value added tax.
(2) In addition to the stated prices, shipping costs may be incurred, which you can find on the page with the current shipping costs. The shipping costs will be displayed in the last step of the order process.
(3) The payment takes place alternatively by credit card, Paypal, installment payment Powered by Paypal, Sofortüberweisung, iDeal or Vorkasse. You also have the option of paying by Gift Card. Unger reserves the right not to offer certain payment methods and to refer to other payment methods.
a) Payment in advance
If you pay in advance, we will give you our bank details in the order confirmation. From receipt of this information, the invoice amount must be transferred to our account within 5 days. If you are in default of payment, interest of 5% points above the base interest rate shall be charged on the purchase price during the default period. We reserve the right to prove and assert a higher damage caused by default.
b) Payment method credit card, Paypal iDeal and Sofortüberweisung
When paying by credit card, Paypal, iDeal and Sofortüberweisung, your credit card, Paypal or bank account is debited immediately upon completion of your order.
c) Payment method Installment payment Powered by Paypal
The payment method installment payment Powered by Paypal requires a successful credit check by Paypal, which is carried out by Paypal in real time. If the customer is allowed the payment method installment payment Powered by Paypal after examination of the creditworthiness, the completion of the payment takes place in cooperation with Paypal, to which we assign our payment claim. Paypal will collect the payment claim in its own name according to the financing plan. In this case you can only pay Paypal with debt discharging effect. Contract and contact person remains Unger.
§ 5 STORAGE OF THE CONTRACT TEXT
Your order data will be stored by us. You will receive an order confirmation including the data provided by e-mail. You can view your previous orders in the "My account" section under "Orders" if you have registered as a customer and logged in via the website with your access data.
§ 6 RETENTION OF TITLE
The goods remain the property of Unger until the purchase price has been paid in full. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.
§ 7 Cancellation policy advicory
1. Consumers shall have the right of withdrawal fortnightly under § 13 of the German Civil Code of Law.
REVOCATION INSTRUCTION
You have the right to repeal your contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods. In order to exercise your right of withdrawal, you must contact us,
UNGER GmbH & Co. LIMITED PARTNERSHIP
New Wall 35
20354 Hamburg
Germany (German)
Phone: +49 (0)40 600 88 50*
Fax: +49 (0)40 600 885 208
E-mail service@unger.de
*Mon - Fri 09:00 - 19:00 o'clock, Sat 10:00 - 19:00 o'clock
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You may use the sample withdrawal form enclosed with the delivery, but this is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
FOLLOW THE REVOCATION
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. 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.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(2) The right of revocation does not apply to the delivery of goods,
which are not prefabricated and the manufacture of which is based on an individual choice or intended use by the consumer or which are clearly tailored to the personal needs of the consumer, for the supply of goods which are liable to deteriorate rapidly or whose expiry date would rapidly pass,
which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery,
if these have been inseparably mixed with other goods after delivery due to their nature.
(3) Please avoid damage and contamination. Please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use additional protective packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(4) Please note that the recommendations mentioned in paragraph (3) are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Voluntary return right
1. Independently of your statutory right to revocation, UNGER.DE offers you the following voluntary right to return: All UNGER.DE products can be returned to UNGER.DE within 28 days of receipt of the products. However, the right of return only applies to unworn, unwashed and defect-free items from which the labels have not been removed. Any loss of value due to wearing, washing or causing other traces of use as well as removal of the safety label, removal/damage of the original packaging, accessories, etc. will result in the return being rejected, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without reimbursement of the purchase price.
2. Return shipments
2.1 All return shipments will be at our expense, if the following provisions are complied with.
2.2 All return shipments are made solely using the same service as the original delivery (DHL or UPS) using the way bill or return sticker that is enclosed in the original package.
2.3 Please note that we can only accept returns from the country which the shipment was sent to. If the shipment was sent to France, for instance, we can only accept a return from France.
2.4 In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded. Invoices that have already been paid are stored in the customer account in the form of a credit note.
2.5 Please send all returns to:
UNGER GmbH & Co. LIMITED PARTNERSHIP
New Wall 35
20354 Hamburg
Germany (German)
Phone: +49 (0)40 600 88 50*
Fax: +49 (0)40 600 885 208
E-mail service@unger.de
*Mon - Fri 09:00 - 19:00 o'clock, Sat 10:00 - 19:00 o'clock
3. If you have questions regarding our return policy, please contact our customer service.
§ 9 DELIVERY
(1) Within Germany you can choose between DHL Standard, UPS Standard and DHL Express. Within a radius of 15 km in Hamburg we also ship with the InLine Courier. International shipping is done by DHL Express. Within Austria, DHL Express international can also be delivered by DHL Standard Austria or UPS Standard.
(2) Upon presentation of a valid photo ID and the confirmation of receipt of your order, which we have sent you by e-mail, it is also possible to collect your order during business hours at our UNGER STORE, Neuer Wall 35, 20354 Hamburg, Germany. You will be notified by separate e-mail as soon as the goods are ready for collection.
(3) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible.
(4) Failure to make a complaint or contact us has no consequences whatsoever for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
(5) Free shipping by reaching a minimum order value only applies to the shipping methods DHL GoGreen, UPS, DHL Premium, DHL Express, DHL Express Switzerland in the following areas:
Delivery areas: Belgium, Denmark, Germany, France, Ireland, Italy, Lithuania, Luxembourg, Netherlands, Poland, Sweden, Switzerland, Spain, Hungary, Austria.
§ 10 WARRANTY
For the articles offered in our online shop the legal warranty rights exist.
§ 11 APPLICABLE LAW AND FINAL PROVISIONS
The contract shall be governed exclusively by German law. UN sales law does not apply. Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
Please note: The general terms and conditions has been translated. The german general terms and conditions apply.