General Terms of Delivery and Payment

1. Conclusion of contract

Your order is a binding offer to us to conclude a contract with you. We may accept your offer to conclude a contract either by emailing you an acknowledgement of order or by delivering the ordered goods. You will first receive a confirmation of receipt of your order by email to the specified email address (order confirmation). However, a purchase contract is not deemed to have been concluded until we have emailed our acknowledgement of order to you or delivered the ordered goods.

Ordering products via our online shop involves four ordering steps. In the first step, you select the desired product(s). In the second step, you enter your customer details, including the billing address and, if different, the delivery address. In the third step, you select a method of payment. In the final step, you may review all the information (for example, the name, address, payment method, items ordered) and, if necessary, make corrections before placing your order with us by clicking “Submit order”.

2. Storage of the contract text
We store the contract text of your order. You can print the text prior to submitting your order by clicking “Print” in the final step of the order process. We will further email to your stated email address an order confirmation and an acknowledgement of order including all order data and our General Terms and Conditions.

3. Reservation of title
The delivered goods remain our property until all claims have been fully paid.

4. Prices, shipping costs, return costs upon cancellation
All prices are final prices and include VAT at the rate prescribed by German law. There is no minimum purchase per order. There is a standard delivery charge of €5.95 for each shipment delivered to an address in Germany (not offshore islands). This includes all costs for packaging, shipping documents and the usual transportation and delivery costs for normal shipping. If the goods need to be shipped by courier or similar service to meet the agreed express delivery date, the corresponding costs must be paid by the customer. Please note that subsequent deliveries to addresses outside Germany are not free of charge. You will have to bear the direct cost of returning the goods.

5. Cancel

You have the right to cancel this contract within fourteen (14) days without giving any reason.

The cancellation period will expire after fourteen (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 to cancel, you must inform us:

UNICUM Merchandising GmbH
Ferdinandstrasse 13
D-44789 Bochum
Phone: +49(0)234/96 15 11 – 60
Fax: +49(0)234/96 15 11 – 69
info@unicum-merchandising.com

of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

You can also complete and send the electronic model cancellation form or another clear statement electronically on our website http://unicum-merchandising.com/widerrufsformular/. If you cancel the contract online, you will receive an immediate email confirming receipt of your cancellation. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay, and not later than fourteen (14) days after the day on which we are informed about your decision to cancel this contract. We will make the 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 the 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 fourteen (14) days from the day on which you communicate your cancellation from this contract to us: UNICUM Merchandising GmbH, Ferdinandstrasse 13, D-44789 Bochum. The deadline is met if you send back the goods before the period of fourteen (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.

6. Delivery terms and conditions
Delivery periods are as quoted in the offer and begin on receipt of payment. In case of delivery on invoice or payment by direct debit, delivery periods commence on the day of contract acceptance from the company.

7. Payment terms and conditions
Payment is to be made either via PayPal or advance bank transfer. We reserve the right to exclude certain payment methods. If you choose to pay in advance by bank transfer, bank details for bank transfer payments will be provided in the order confirmation. The invoice amount is to be paid within ten (10) days of the order placement.

8. Warranty
The warranty terms are those stipulated by German law. If the purchase contract is for used goods and if the purchaser is not a consumer, any warranty shall be excluded. If the customer is a consumer, the warranty period for the used goods purchased by the customer shall be one (1) year.

9. Data privacy
We capture, store and process data in accordance with the legal provisions during the initiation, conclusion, processing and unwinding of a purchase contract.

When visiting our website, the basic data recorded is the IP address currently used by your device, the date and time, browser type and operating system of your device, as well as the pages you view. It is not generally possible for us to identify individuals and this is not our intention either.

The personal data you provide to us, for example when ordering or shared by email (e.g. your name and address or your contact details), will only be processed for correspondence with you and only for the purpose for which you provided us with the data. Your data is shared only with the shipping company where necessary to deliver the goods. For processing payments, we will share your payment data with the credit institute instructed to execute the payment.

We ensure that we do not otherwise pass on your personal data to third parties unless we are legally obligated to do so or you have given us your prior consent. If data is disclosed to service providers for the purposes of commissioned data processing, it will be treated in accordance with the German Federal Data Protection Act (BDSG) and other legal requirements.

Data storage period
Personal data which has been communicated to us via our website is only stored until the purpose for which it has been entrusted to us is fulfilled. Insofar as there are retention periods under trade and tax law to be observed, the storage period can be up to ten (10) years.

Your rights
Should you no longer agree with the storage of your personal data or if the data is no longer correct, we will at your request ensure the data is deleted, blocked or make the necessary corrections (as far as this is possible according to applicable law). On request, we will send you, free of charge, information about all the personal data we have stored about you. If you have any questions regarding the collection, processing or use of your personal data, or for information and the correction, blocking or deletion of your data, please contact:

UNICUM Merchandising GmbH
Ferdinandstrasse 13
D-44789 Bochum
Phone: +49(0)234/96 15 11 – 60
Fax: +49(0)234/96 15 11 – 69
info@unicum-merchandising.com

Liability for links to other websites
This website contains hypertext links to other websites. We have no control over the contents or data security of these external websites. Since we cannot influence how others handle the aspect of data privacy, please refer to the respective data privacy policies of the website providers.

10. Applicable law
The law of the Federal Republic of Germany shall be applicable for these Terms and Conditions. In relation to consumers, this choice of law only applies where it does not qualify any mandatory provisions of the consumer’s country of residence or habitual abode.

11. Severability clause

If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. Instead of the invalid/unenforceable or missing terms the respective legal regulations of the Federal Republic of Germany shall apply.

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Dispute resolution
The European Commission manages a platform for Online Dispute Resolution (ODR), which can be found here: http://ec.europa.eu/consumers/odr/ Consumers can use this platform to resolve their disputes out-of-court.

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