Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the onlineshop www.ucberlin.com is: K&F Ventures UG (haftungsbeschränkt), Lausitzer Platz 11, 10997 Berlin, Germany, E-Mail: firstname.lastname@example.org, Telefon: 0049-(0)30-23566917 (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the onlineshop for sale. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The vendor shall deliver the merchandise to destinations in Germany as well as to all other countries of the European Union.
(4) Customers shall select the merchandise desired by placing it in their “Cart” by clicking on the button “In den Warenkorb” (“Add to cart”) and continuing his purchases or by finishing to select the merchandise by clicking the button “Weiter zur Kasse” (“Proceed to Checkout”). The order will be conclusively placed with the Vendor by clicking on the button “zahlungspflichtig bestellen” (“Buy”). Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop by transmitting the order using the button “zahlungspflichtig bestellen” (“Buy”) the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contracts concluded is stored by the Vendor and is send to the customer with the contract confirmation. Furthermore there will not be any more storage of the content of the contract. The customer is adviced to store the e-mails of the vendor containing the offer and the contract confirmation for his own documentation and/or print a copy ot them.
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. All prices include turnover tax in the amount of 19%.
(2) The shipping costs are listed in the respective product description and in the “Cart”.
(3) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment by bank transfer, against pre-payment using PayPal under the following conditions:
(a) Where the customer has selected pre-payment by “Banktransfer” as the form of payment, the Vendor’s bank account details will be provided in the contract confirmation. Exclusively SEPA transfers denominated in Euros shall be accepted for bank transfers from abroad. Any bank transfer has to be free of charge for the Vendor.
(b) For PayPal payments, the customer will – after conclusion of the contract – be forwarded to the website of the PayPal S.a.r.l., from where payment can be made by entering the customer‘s PayPal details.
(c) For Credit Card payments, the customer will – after conclusion of the contract – be forwarded to the website of Stripe (185 Berry Street, Suite 550, San Francisco, CA 94107), from where payment can be made by entering the customer‘s credit card details.
(4) For payments using a gift voucher code, the customer may enter a voucher code when placing the order. The voucher value will be credited to the vendor, and in this way the invoice amount will have been paid for. If a voucher value is higher than the invoice amount, the customer will receive a new voucher in the amount of the excess amount to the address specified in the order by e-mail. The credit out of vouche will neither be paid out in cash nore will it bear interest. A voucher is transferable. The customer can only use one gift voucher per purchase. A subsequent offsetting is not possible. Further conditions are defined on the voucher.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 – Shipment, delivery periods
(1) Unless stated otherwise in the product description the Vendor shall deliver the merchandise within 3-6 working days after the payment is made.
(2) For products labeled as customasiable, the delivery period shall be extended by one Week in the case that the customer has requested the offered customisation.
(3) For deliveries to destinations outside Germany, a period of 3-14 business days, depending on the destination, has to be added to the respective domestic delivery time.
(4) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(5) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
Section 5 – Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The right of withdrawal shall not exist for contracts regarding the delivery of sealed merchandise that is not suitable for return due to health protection or hygiene reasons, if such merchandise was unsealed after delivery.
(3) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period.
(4) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.
(5) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside the European Union also in those cases in which the local law does not provide for a right of withdrawal.
Section 6 – Warranty, defect liability
All warranty claims (liability for defects) of the customer shall be governed by the statutory regulations.
Section 7 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in Berlin (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(4) The vendor is not obliged nor committed to use alternative dispute entities to resolve disputes with consumers.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (K&F Ventures UG (haftungsbeschränkt), Lausitzer Platz 11, 10997 Berlin, Deutschland, E-Mail: email@example.com, Fone: 0049-(0)30-23566917) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions from the right of withdrawal
The right of withdrawal shall not exist:
1 ) for contracts regarding the delivery of merchandise that is not prefabricated and is made according to the consumer’s individual choice and specifications, or of merchandise that obviously is tailored to meet personal customer requirements;
2 )for contracts regarding the delivery of sealed merchandise that is not suitable for return due to health protection or hygiene reasons, if such merchandise was unsealed after delivery.