1. scope
1.1 The following General Terms and Conditions (hereinafter referred to as “GTC”) of UMAXO GmbH (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online store.
1.2 Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their self-employed professional activity can be attributed.
1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or an entity with legal capacity Partnership, which, when concluding a legal transaction in the exercise of its commercial or independent professional activity.
1.4 With respect to entrepreneurs, these GTC also apply to future business relations without our having to refer to them again. would have to point out. If the Contractor uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become an integral part of the contract if the seller expressly agrees to this. has agreed.
2. contracting party, conclusion of contract
2.1The purchase contract is concluded with the seller.
2.1The products offered in the Seller’s online store product descriptions contained herein do not constitute binding offers on the part of of the seller, but serve for the submission of a binding offer. by the customer.
2.2The customer may accept the offer via the in submit the online order form integrated into the seller’s online store. In the process, the customer, after placing the selected goods in the virtual shopping cart and has gone through the electronic ordering process, through Clicking the button that concludes the ordering process a legally binding contract offer with regard to the goods contained in the shopping cart from.
2.3The Seller may accept the offer of the Accept customers within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect
If several of the aforementioned alternatives, the contract shall be concluded at that time, in which one of the above alternatives occurs first. The deadline for Acceptance of the offer begins on the day after the offer is sent by the customer and ends with the expiry of the fifth day following the Dispatch of the offer follows. If the seller accepts the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer. with the consequence that the customer is no longer bound by his declaration of intent.
2.4If the payment method “PayPal Express” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.5When submitting an offer via the Seller’s online order form, the text of the contract will be made available after the conclusion of the contract is stored by the seller and sent to the customer after sending of his order in text form (e.g. e-mail, fax or letter). A more extensive The seller does not make the text of the contract available. Provided the customer before sending his order a user account in the online store of the Seller has set up, the order data will be published on the website of the archived and can be accessed by the customer via his password-protected user account. free of charge by providing the corresponding login data.
2.6Before binding submission of the Order via the online order form of the seller, the customer can possible input errors by carefully reading the information displayed on the screen information displayed. An effective technical means of better recognition of input errors, the magnification function of the browser, with the help of which the display on the screen can be enlarged. will. The customer can make his entries within the framework of the electronic ordering process for as long as possible using the usual keyboard and mouse functions. correct until he clicks the button that concludes the ordering process.
2.7For the conclusion of the contract stands only the German language is available.
2.8The order processing and Contact usually takes place via e-mail and automated Order processing takes place. The customer has to ensure that the data provided by him to the order processing e-mail address is correct, so that under this address the e-mails sent by the seller can be received. In particular, the customer must ensure the use of SPAM filters, that all the information provided by the seller or by the seller commissioned with the order processing third parties sent e-mails can be delivered.
3. right of withdrawal
3.1Consumers are generally entitled to a Right of withdrawal.
3.2More detailed information on the Right of withdrawal arise from the cancellation policy of the seller.
4. prices and terms of payment
4.1Insofar as the product description of the seller does not indicate otherwise, the product is a the prices indicated are total prices, which include the statutory sales tax. contain If necessary, additional delivery and shipping costs will be charged. specified separately in the respective product description.
4.2For deliveries to countries outside of the European Union may incur further costs in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include for example, costs for the transmission of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes. Taxes (e.g. customs duties). Such costs may be incurred in respect of the transmission of money also accrue if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the of the European Union.
4.3The payment option(s) will be notified to the customer in the online store of the seller.
4.4Is prepayment by bank transfer agreed, payment is due immediately after conclusion of the contract, provided that the parties have not agreed on a later due date.
4.5If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5. delivery and shipping conditions
5.1In addition to the specified Product prices are subject to additional shipping costs. More details on the amount of You can find out about shipping costs in the offers.
5.2The delivery of goods shall be made on the shipping route to the delivery address specified by the customer, unless otherwise agreed otherwise.
5.3 During the settlement of the transaction the delivery address specified in the order processing of the seller authoritative. Deviating from this, if the payment method PayPal is selected, the payment amount Customer’s shipping address on file with PayPal at the time of payment authoritative.
5.4If the carrier sends the returned to the seller, because delivery to the customer is not possible. was possible, the customer shall bear the costs for the unsuccessful shipment. This applies if the customer does not explain the circumstance that led to the impossibility of delivery. is not responsible or, if he is temporarily prevented from accepting the offered performance was prevented, unless the seller has given him the performance had announced a reasonable time in advance. Furthermore, this applies in the With regard to the costs of shipment to the customer does not, if the customer effectively exercises its right of withdrawal. For the return costs applies with effective Exercise of the right of revocation by the customer the conditions set out in the revocation instruction of the Seller’s regulation made in this regard.
5.5Self-collection is not possible for logistical reasons. reasons not possible.
6. retention of title
6.1 If the Seller makes an advance payment, the purchase price due has been paid in full, he shall retain the right to the ownership of the delivered goods.
6.2 For entrepreneurs, the following shall apply in addition: The Seller retains ownership of the goods until the full settlement of all receivables from an ongoing business relationship. The Customer may resell the reserved goods in the ordinary course of business; all claims arising from this resale shall be assigned by the customer -. irrespective of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount to the seller in advance, and the Seller accepts this assignment. The customer remains obligated to collect the claims, but the seller may also collect claims himself. insofar as the customer does not meet his payment obligations.
7. liability for defects (warranty)
7.1If the purchased item is defective, the following shall apply, unless expressly agreed otherwise below, the provisions of the statutory liability for defects.
7.2 For consumers, the following shall apply: The customer shall requested to notify delivered goods with obvious transport damage to the The customer has the right to complain to the deliverer and to inform the seller about it. Comes the customer does not comply with this, this has no effect whatsoever on its statutory or contractual claims for defects.
7.3 For entrepreneurs, the following shall apply: The risk of the accidental loss and accidental deterioration shall pass to the customer. as soon as the seller has delivered the goods to the forwarding agent, the carrier or the otherwise designated for the execution of the shipment. has. Among merchants, the obligation to inspect and examine the goods as stipulated in § 377 HGB (German Commercial Code) shall apply. Duty to Reprimand. If the customer fails to give the notification regulated therein, the goods shall be deemed as approved, unless it is a defect that was discovered during the examination was not discernible. This does not apply if the seller has a has fraudulently concealed the defect.
8. redemption of promotional vouchers
8.1Vouchers issued by the Seller in the Within the framework of promotions with a certain period of validity free of charge are issued and which cannot be purchased by the customer (hereinafter “promotional vouchers”), can only be purchased in the online store of the Seller and only be redeemed in the specified period.
8.2Promotion vouchers can only be used by Consumers can be redeemed.
8.3Individual products may be excluded from the voucher promotion be excluded, provided that a corresponding restriction results from the content of the promotional voucher.
8.4Promotion vouchers can only be used before be redeemed at the end of the order process. A subsequent settlement is not possible.
8.5With an order can also several promotional vouchers can be redeemed.
8.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will be deducted from the Seller not refunded.
8.7Is the value of the promotional voucher sufficient not sufficient to cover the order, may be used to settle the difference amount one of the other payment methods offered by the seller be selected.
8.8The credit of a promotional voucher is neither paid out in cash nor does it earn interest.
8.9The promotional voucher will not be refunded if the customer uses the promotional voucher in full or in part returns paid goods within the scope of his legal right of withdrawal.
8.10The promotional voucher is transferable. The seller may, with discharging effect, transfer to the respective holder who has promotional voucher in the seller’s online store. This applies not if the seller has knowledge or grossly negligent lack of knowledge of the ineligibility, incapacity or lack of legal capacity. has the power of representation of the respective owner.
9 Applicable law
9.1 For all legal relationships of the Parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the Laws on the international purchase of movable goods. For consumers this choice of law only insofar as the protection granted is not precluded by mandatory Provisions of the law of the country in which the consumer has his habitual residence, is withdrawn.
10. alternative dispute resolution
10.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https: //ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from Online purchase or service contracts involving a consumer is.
10.2The Seller is obliged to participate in a dispute resolution procedure before a consumer arbitration board neither obligated nor willing.
11. final provisions
11.1 If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Seller and the Customer shall be the Seller’s place of business.
Cancellation policy & cancellation form
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
A. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Attn: Andrei Sergeev, UMAXO GmbH, In der Loh 20, 40668 Meerbusch, Germany, e-mail: info@umaxo.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Exclusion or premature expiration of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
B. Cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To
z. H. Andrei Sergeev
UMAXO Ltd.
In the Loh 20
40668 Meerbusch
Germany
E-mail: info@umaxo.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
_______________________________________________________
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only in case of notification on paper)
_________________________
Date
(*) Delete as applicable