General Terms and Conditions
- General Terms and Conditions
- §1 Scope
- §2 Contract conclusion, non-binding information, delivery quantities
- §3 Reference to the customer’s statutory right of withdrawal
- §4 Contract term, termination, contract renewal
- §5 Delivery, delivery dates, delivery requirements, partial deliveries, retention of title
- §6 Prices and shipping costs, due date, payment, set-off, retention
- §7 Rights in the event of defects, damages
- §8 Data Protection
- §9 Amendment to the Terms and Conditions
- §10 Applicable Law
All contracts concluded within the scope of the validity of these conditions are governed by the statutory warranty right. In addition, the following individual provisions are made with regard to the warranty:
1.1 For the entire business relationship between YUNIQU GmbH (hereinafter also referred to as “provider” or “we”) and the customer (hereinafter referred to as “customer”), the following General Terms and Conditions (hereinafter also referred to as “GTC”) of the provider apply exclusively.
1.2 All agreements concluded between the customer and the supplier for the delivery of goods result in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance. Conflicting, deviating or supplementary general terms and conditions of the customer are not accepted.
§2 Contract conclusion, non-binding information, delivery quantities
2.1 All information about our goods and prices is subject to change and non-binding.
2.2 Our offer is exclusively aimed at end users in Germany. The ordered goods or voucher are not intended for resale. Therefore, only orders in household quantities are accepted.
2.3 By completing and confirming the order form provided by the supplier, the customer may make a binding offer to conclude a contract for the continued delivery of goods.
2.4 All information provided by the customer in the ordering process must be up-to-date and truthful. The customer password may not be passed on to third parties and must be stored inaccessible to unauthorized persons. A lost or a transfer must be immediately notified to the provider in text form. The customer is liable for misuse, for example in the case of orders with his customer password by third parties in accordance with the statutory provisions.
2.5 The supplier shall immediately confirm to the customer the receipt of the order form by electronic means. This confirmation of receipt does not constitute a binding acceptance of the order.
2.6 The supplier may accept this offer either expressly by sending a binding declaration of acceptance or by sending the ordered goods or debiting the purchase price. Until that date, the provider may refuse acceptance at any time without giving reasons.
Only with the acceptance of the offer by the provider is a contract between the customer and the provider effectively concluded.
§3 Reference to the customer’s statutory right of withdrawal
3.1 The statutory right of withdrawal applies. The provider inthis insofar as the customer draws attention to the instruction on the statutory right of withdrawal for consumers, which is located below, after the end of the GTC.
Section 4 Contract term, termination, contract renewal
4.1 In the case of offer variants with fixed maturities (gift offers), the contract initially runs over the booked term. If the contract is not terminated with a notice period of 21 days on the following calendar month, the contract is automatically extended by one calendar month at a time.
4.2 For the offer variants (monthly subscription), the subscription initially runs over the minimum usage period of 2 months. Thereafter, the subscription will be renewed for 1 month if it is not cancelled in time by the user or YUNIQU. The notice period is three weeks for the next, regular subscription renewal and requires the cancellation in text form to the email address [email protected]
§5 Delivery, delivery dates, delivery requirements, partial deliveries, retention of title
5.1 The provider reserves the right to deliver only after full payment by the customer. There is no entitlement to prior delivery.
5.2 Our delivery dates or delivery periods are exclusively non-binding information, unless these are expressly stipulated as binding between the supplier and the customer.
5.3 We deliver exclusively within Germany, Austria and Switzerland to package-deliverable addresses. If the purchase contract relates to a voucher, the delivery is made by email.
5.4 The supplier is entitled to partial delivery and partial performance at any time, if this is reasonable for the customer.
5.5 In the event that we do not exercise our right of retention from paragraph 1 and arrange the delivery before full payment, we reserve the ownership of the purchased item until full payment of the purchase price.
§6 Prices and shipping costs, due date, payment, set-off, retention
6.1 All prices are inclusive of the applicable VAT, packaging costs and shipping costs within Germany.
6.2 The purchase price claim of the supplier is due on the first calendar day for the following month, without prejudice to a statutory right of withdrawal.
6.3 For payment, the customer is only available for the payment of the payment arrangements agreed and indicated at the time of ordering.
6.4 The customer is only entitled to set-off if his counterclaims have been legally established or are undisputed by the provider.
The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§7 Rights in the event of defects, damages
7.1 Insofar as the delivered goods do not have the quality agreed between the supplier and the customer, or if he is not suitable for the contract or the use in general, or if it does not have the characteristics that the customer has according to our public has been able to expect comments, the provider is obliged to perform the supplementary performance.
This does not apply if the provider is entitled to refuse subsequent performance due to the statutory provisions. In this regard, the customer must grant the provider a reasonable period of time for subsequent performance.
7.2 Subsequent performance shall be effected at the customer’s discretion by remedying the defect or delivering new goods. The customer is not entitled to reduce the purchase price or to withdraw from the contract during the period for subsequent performance. If the provider has tried the subsequent performance twice in vain, it is considered to have failed. If the subsequent performance has failed, the customer is entitled, at his option, to reduce the purchase price or to withdraw from the contract.
7.3 The customer can only assert claims for damages due to a defect in accordance with the following paragraphs if the subsequent performance has failed in accordance with paragraph 2 above. The right of the customer to assert further claims for damages on the following terms and conditions remains unaffected.
7.4 The provider shall be liable without limitation in accordance with the statutory provisions for damage to life, body or health which is based on a culpable breach of duty on the part of the provider, its legal representatives or his vicarious agents.
7.5 The supplier is also liable within the scope of a quality and/or durability guarantee, provided that he has delivered one with regard to the delivered item.
If damages occur that are based on the lack of the quality or durability guaranteed by the supplier and, however, if these damages do not occur directly to the goods delivered by the supplier, the supplier shall only be liable for this if the risk of such damage is evident from the quality and durability guarantee.
7.6 If a damage is based on the simply negligent breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer as the buyer has regularly been entitled to rely, the supplier shall also be liable for such damage.
The same applies if the customer is entitled to compensation instead of performance. However, the liability for damages is limited to the foreseeable and typically occurring damage.
7.7 Further liability claims of the customer against the provider do not exist and this regardless of the legal nature of the claims made by the customer against the provider. This shall not affect the liability of the provider in accordance with paragraph 3 above.
7.8 The European Commission provides a platform for online dispute resolution (ODR). The platform can be found under https://ec.europa.eu/consumers/odr/
§8 Data Protection
With regard to data protection, the data protection declaration of the provider is expressly referred to.
Section 9 Amendment to the Terms and Conditions
If the implementation of the contract is made considerably more difficult or impossible by a change in the case law or the relevant legislation, a loophole in the GTC becoming apparent, or a material disturbance of the balance between performance and consideration, the provider reserves the right to change these GTC with effect for the future according to the following procedure:
a) In order for the changes to take effect, the customer’s consent is required.
b) For this purpose, the supplier shall notify the customer in writing of the proposed changes, stating reasons, two months before the changes take effect.
c) The customer is granted the right to object to the proposed changes within one month.
(d) If it fails to do so, it shall be deemed to be consent to the proposed amendments. It is expressly pointed out that a silence of the customer within the opposition period is considered as consent.
e) If the customer objects to the change, both parties have the option of termination in accordance with Section 4 para. 2 with the exception that this also applies to fixed-term contracts or a certain number of agreed deliveries (Section 4 (1) sentence 1).
§10 Applicable Law
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
START OF THE CANCELLATION POLICY
You have the right to withdraw from 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, has taken possession of the first goods. In order to exercise your right of withdrawal, you must
D – 70182 – Stuttgart
Email [email protected]
by means of a clear statement (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract. You can use the sample withdrawal form below, but this is not mandatory. (You can insert it into an email and fill it with your personal details or print it out and send it as a letter to us).
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
expresses proximity or touch from the side:
D – 70182 – Stuttgart
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following service (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for communication on paper):
(*) Inaccurate deletion.
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.
FOLLOW THE REVERTOC
If you withdraw from this contract, we will provide you with all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your being offered a type of delivery other than the cheapest one offered by us. standard delivery) without delay and at the latest within fourteen days from the day on which we received notification of your revocation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement 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 inform us of the goods immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract.
Cannstatter Strasse 74/1
D-70734 – Fellbach
to be returned or handed over.
The deadline is met if you send the goods before the expiry of the period of fourteen days. We do not bear any costs for the return of the goods. You bear the direct costs of returning the goods. The cost is estimated at a maximum of about EUR 5.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.
OUTSIDE OF THE RIGHT
Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts:
- 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,
- contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly,
- contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene,
- if their seal has been removed after delivery,
- Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
END OF THE EXPERIENCE
Creation: December 23, 2020
Last modified: 03 November 2021