General Business Terms and Conditions of udoq GmbH
Version: September 2016.
§ 1 Validity of these General Business Terms and Conditions
- These General Terms and Conditions (hereinafter GTC) are applicable for all contracts and orders commissioned or undertaken through the udoq GmbH online shop (hereinafter udoq). Conflicting GTC of the customer are not valid, even if udoq does not expressly contradict them.
- The GTC apply to consumers and companies. The customer is a consumer insofar as he concludes the contract for purposes which cannot be attributed primarily to his commercial or his independent professional activity. On the other hand, entrepreneurs are any individuals or registered company or business partnership with legal capacity who undertake a legal business when exercising their commercial or independent professional activity.
§ 2 Conclusion of Contract
- Until the tab “Buy now” is clicked, a visit and purchase at the shop under www.udoq.com are without commitment for the customer. Only after clicking on the “Buy now” button, shall the customer make a binding offer to udoq to conclude a purchase contract, whereby the customer must also include these GTC as a contractual component.
- The confirmation of the receipt of the order placed via our online shop takes place with a confirmation e-mail as well as a message in the browser titled “Thank you for your order”. These automatic receipt confirmations merely inform the customer that the order has been received by us and do not constitute acceptance of the contract.
- A contract shall only come into force when we confirm the dispatch of the ordered goods with an e-mail with subject “Confirmation”, or the ordered goods are actually dispatched.
§ 3 Cancellation
The customer is entitled to a right of cancellation in accordance with the legal provisions. For the right of cancellation, the regulations which are reproduced in detail in the following cancellation instructions are valid.
Right to Cancel
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of cancellation shall be fourteen days from the date on which you or a third party you designate, which is not the shipment carrier, has or has taken possession of the goods.
In order to exercise your right to cancel, you must inform us [udoq GmbH, Trogrstr. 38, 81675 Munich, Email: firstname.lastname@example.org ] about your decision to cancel this contract using an unambiguous message (via postal letter or email or telefax). You can use the attached sample cancellation form (see appendix to the GTC), but this is not required.
In order to adhere to the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
If you cancel this contract, we shall pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you chose a different type of delivery than the most favourable standard delivery offered by us) within a period of fourteen days from the date on which the notice of cancellation of this contract has been received by us.
For such refund, we will use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise. In no case will you be charged for any fees for the refund. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is considered met if you send the goods before the end of the deadline of 14 days.
We will bear the cost of returning the goods when you use the return label provided by us to return with the DHL package service we propose. Otherwise, you shall bear the cost of return. Costs are estimated at a maximum of EUR 10 per udoq.
You can return the product using the return label we have provided: udoq GmbH, Trogerstr. 38, 81675 Munich
They shall only be liable for any loss in value of the goods if this loss in value is attributable to handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods. This is particularly applicable if
- the udoq has been damaged by the customer,
- cables have been damaged by the customer,
- parts of the product are missing or altered,
- cables are missing or have been swapped.
END OF CANCELLATION INSTRUCTIONS
- Notwithstanding your cancellation right under § 3, the order can be cancelled until we have given our shipping partner DHL the order to dispatch the goods.
- The consumer is not entitled to the right to cancellation if he orders goods which are custom-made, i.e. according to his own specifications or preferences. This is especially the case with prints, engraving, laser engraving or udoqs in special lengths.
- If the customer is an entrepreneur, the cancellation right is precluded.
§ 4 Price and Shipping Costs
All prices are gross inclusive of VAT and there are additional shipping costs.
§ 5 Shipping, Non-Availability
- The delivery takes place within the delivery period specified for the respective goods in the online shop. The period starts with receipt of the payment from the customer.
- In the case of the non-availability of the ordered goods due to untimely or incorrect delivery (including delivery of lesser quantities) by our (pre)supplier despite a delivery contract concluded by the (pre)supplier, we reserve the right not to deliver.
- In such case, we are obliged to immediately notify our customer of the (partial) non-availability of the goods ordered and to immediately repay any return services (payments) already received by our customers.
§ 6 Payment Options, Electronic Invoice
- Payment is by Paypal, Credit Card (Visa or Mastercard), Instant Transfer, Giropay, IDEAL, eps, or advance payment. We reserve the right to exclude individual forms of payment or offer only selected payment methods.
- The customer shall receive an electronic invoice with the confirmation of delivery titled “Confirmation”. An electronic invoice is an invoice that is issued and received in an electronic format. The customer agrees to the electronic invoice transfer.
§ 7 Retention of Title
The goods remain our property until full payment.
§ 8 Warranty
- The statutory provisions apply if there is a defect in the product.
- The limitation period for statutory claims for deficiencies amounts to two years against consumers and begins with the delivery of the goods.
- If the customer is an entrepreneur, the shipment shall preclude warranty.
- With the exception of guarantees expressly designated as such, there is no guarantee whatsoever of any kind.
§ 9 Liability and Indemnity
- Udoq is always liable in the event of a culpable injury to life, body or health.
- Udoq is also liable – regardless of the legal basis – for compensation for damages resulting from an intentional or grossly negligent breach of duty by us or by one of our legal representatives or vicarious agents.
- In the event of a simple or negligent breach of duty by Udoq or one of the legal representatives or vicarious agents, Udoq shall only be liable – but without limitation – for any damage resulting from injury to life, body or health.
- Damages resulting from the infringement of essential contractual obligations, the fulfilment of which is necessary for the proper execution of the contract and the compliance on which the customer regularly relies or may regularly rely on, shall be limited to the amount of the contract-typical damage foreseeable at the conclusion of the contract.
- Any mandatory legal liability, in particular from the Product Liability Act, shall remain unaffected by the above liability limitations.
§ 10 Miscellaneous
- As far as legally permissible, the court of justice for both parties is Munich.
- The place of performance for both parties is Munich.
- Udoq reserves the right to change or amend these General Terms and Conditions at any time. The GTC valid at the time of conclusion of the order/contract apply to the specific contractual relationship with the customer.
- The contractual language is German.
- Should one or more provisions of these General Business Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
- German law shall apply exclusively to contracts concluded between us and you to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Annex to the AGB of udoq GmbH
Sample of Cancellation Form
(If you want to cancel the contract, please fill out this form and return it.)
– udoq GmbH, Trogrstr. 38, 81675 Munich, German, Email: email@example.com
– I/We herewith cancel (*_______________) the contract (*_______________) concluded by us for the purchase of the following products (*_______________)
– Order number (*_______________)
– Ordered on (*_______________) /received on (*_______________)
– Name of consumer(s)(*_______________)
– Address of the consumer(s)(*_______________)
– Signature of the consumer(s) (only in case request made on paper) (*_______________)
– Date (*_______________)
(*) Strike out as appropriate