General Terms and Conditions for www.unuetzer.com
- U-Sportmoden GmbH & Co. KG, Maximilianstr. 23, 80539 Munich, represented by its managing director Fritz Unützer, (“Unützer”) sells and distributes goods in selected stores in Germany. To guarantee the customer an optimal service, Unützer offers for sale a selection of certain items, including under the URL www.unuetzer.com as well as the corresponding subpages (“Website”).
- Upon the delivery of goods, the statutory guarantee regulations shall apply. If the supplementary performance is carried out by way of a replacement delivery, the Customer is obliged to send back the originally delivered goods at Unützer’s expense to Unützer within 14 days.
- The following general terms and conditions shall apply to all services offered on the Website, in particular the registration for the newsletter and orders in the online shop.
- The following terms and conditions shall apply exclusively between Unützer and the customer. Unützer shall only recognise the customer’s deviating terms and conditions if and insofar as their application has been agreed in writing.
2. Group of Users and Registration
- The Website’s services shall be available, free of charge, to everybody. The services for which a charge is made shall be exclusively available to customers who have reached 18 years of age and have their place of residence in Germany or Austria.
- Customers have the opportunity of registering on the Website. The contract shall be concluded by the customer’s submission of the registration form and Unützer’s confirmation of the registration or communication of the activation of the user account, where applicable communicating the login data.
- When using services subject to a charge and/or when registering, the customer must provide correct and complete details. If there are any changes, the data must be updated. The customer must indemnify Unützer for any damage incurred by a third party due to the provision of incomplete or incorrect details.
- The customer’s user ID and password are personal and must be treated as confidential. The customer is not entitled to transfer user ID and/or password for the use of services through the Website to other persons. Each customer shall bear full responsibility for activities under their user ID. Unützer shall only be liable for damages that arise due to unauthorised access in the event of intent or gross negligence.
- If the customer is directed to a third party’s website by a hyperlink, any contracts concluded there, in particular orders for goods, shall exclusively be concluded with these third parties and on the conditions stated on the said website.
3. Orders in the Online Shop and Contract Conclusion
- Orders may only be executed by a person who has reached 18 years of age, is acting for their own account, has their place of residence in Germany or Austria and is the holder of a credit card for a German or Austrian bank account (hereinafter referred to as the “Customer”).
- Detailed information on the goods offered is available in selected shops or on the Website. Additional queries may be addressed by e-mail to service(at)unuetzer-online.de to the customer service. The photographs, descriptions and drawings placed on the Website by Unützer shall be created with the greatest of care. However, they shall serve merely as examples. In particular, deviations in form and colour cannot be completely avoided. Consequently, Unützer does not assume any guarantee of faithful illustration, correctness, completeness or topicality. All items shall be sent without the decoration shown in the photographs, unless explicitly stated otherwise in the item description.
- A sales contract shall be concluded by the Customer sending the order and Unützer confirming the despatch, but no later than upon the delivery of the goods. Neither the confirmation of the receipt of the order nor any subsequent status report sent by Unützer after the receipt of the order shall constitute any acceptance of the offer.
- Unützer reserves for itself the acceptance of the offer in particular in the event that typing or printing errors or miscalculations are contained on the Website, which have become the basis of the Customer’s offer, and in the event of price adjustments by its supplier in the meantime.
- Unützer shall also be entitled to withdraw from the contract if it is unable to deliver the ordered goods through no fault of its own, in particular due to shortage of supply by its supplier. In this case, the Customer shall be informed without delay that the ordered goods are not available. Any purchase price already paid shall be reimbursed without delay. This shall not affect the Customer’s statutory claims.
- Unützer explicitly points out that an order for products made in accordance with the Customer’s specifications (customised shoes & bags) may not be cancelled. In addition, ordered goods should only be tried on and tested in a manner that would be possible in our retail shops. Any deterioration of the goods occurring in the event of use otherwise must be compensated in the event of a cancellation of the order. See under clauses 4.2 and 4.3 of our General Terms and Conditions (cancellation policy) for further details.
4. Instructions on withdrawal
- 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 usU-Sportmoden GmbH & Co. KGUnützer OnlineMaximilianstr. 23, 80539 München,Tel: 089-255427-50, Fax: 089-21999423,
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.
5. Delivery of Goods
- Unless agreed otherwise, the delivery shall be made ex Unützer’s warehouse to the delivery address indicated by the Customer. Details on the delivery period are not binding unless, exceptionally, the delivery date was promised in binding form. However, deliveries shall always be made and services shall always be performed in a reasonable period that the Customer must take into account with the acceptance of their order.
- Unützer is entitled to make partial deliveries. Any resulting additional costs shall not be invoiced to the Customer.
- If the Customer receives goods that, on delivery, show obvious damage to the packaging and goods, the Customer must immediately submit a complaint about this – their guarantee rights being unaffected thereby – to the supply firm concerned and refuse to accept the delivery. In addition, the customer is obliged to contact the customer services department without delay, at service(at)unuetzer-online.de or by post at U-Sportmoden GmbH & Co. KG, Maximilianstr. 23, 80539 Munich, so that Unützer can preserve any rights against the transport company.
6. Payment Terms
- All prices are quoted including statutory VAT, plus delivery costs. The prices shown on the Website at the time of the orders shall apply. The amount to be paid by the Customer (item price plus delivery costs) shall be shown to the Customer in the course of the order procedure. For deliveries abroad, the Customer shall also be liable for any taxes or customs charges incurred.
- The Customer may use the payment methods indicated in the course of the order procedure for the payment of the purchase price. To cover the eventuality of the return or non-payment of a direct debit note, the Customer shall, when placing the order, irrevocably authorise the bank to notify their name and current address to Unützer.
- The Customer shall only be entitled to a right of set-off if their counterclaims have been recognised by declaratory judgement or are undisputed by Unützer. Moreover, the Customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
7. Retention of Title
- Unützer shall retain title to the delivered goods until their complete payment. The Customer is not entitled to pledge the goods subject to retention of title, or transfer them by way of security, or process or remodel them. If a third party nonetheless acquires rights to the security collateral, the Customer hereby assigns all their rights to the security collateral resulting therefrom to Unützer. Unützer accepts such assignment. The Customer is obliged to notify Unützer immediately if any third party has effected an attachment, seizure or any other disposition with regard to the security collateral.
- Unützer does not guarantee that the Website’s services will be accessible and up to date at any time or that the content will be correct. In particular, there may be spelling mistakes or typing errors, including in particular when stating prices in an advertisement. Unützer shall make every effort to maintain and upkeep its websites carefully.
- The Customer’s guarantee claims shall become time-barred within one year after delivery of the goods
9. Customers’ Obligations
- Any activities by the user that are geared to rendering the Website inoperative or at least hindering its use are prohibited and may be prosecuted under civil law and criminal law. In particular, measures that can impair the physical or logical structure of the services are prohibited.
- The content and services of the Website may not be used for illegal purposes. Each Customer undertakes to comply with the law of the Federal Republic of Germany.
10. Trademark and Copyrights
- The majority of the content published on the Website is protected under copyright law. The Customer is not permitted to utilise this content in any form, in particular to copy or duplicate, disseminate, officially reproduce or edit it in another form, without Unützer’s consent.
- Unützer is a registered trademark. Furthermore, logos and other identification marks are protected by trademark law. The use of these trademarks or related logos is only permitted with Unützer’s prior written consent.
- The unauthorised duplication or dissemination of individual content or complete pages outside of these regulations or the statutory exemptions (e.g. in copyright law) is not permitted and is actionable.
- Unützer shall be liable without limitation for claims for any damages for breaches of duty that are based on intent or gross negligence.
- Unützer shall also be liable for ordinary negligence if a duty that is of material importance for the achievement of the purpose of the contract (material obligation) is breached. Material obligations are duties that the contract, according to its sense and purpose, must especially grant to the Customer or whose fulfilment enables the proper implementation of the contract in the first place and on whose compliance the Customer may regularly rely.
- The liability for damages shall be limited to foreseeable damage whose occurrence must typically be expected. Unützer shall not be liable for indirect damage, consequential damage or lost profit.
- The foregoing limitations of liability shall not apply in the event of the malicious concealment of defects, in the event of culpable injury to life, limb or health or for legally prescribed no-fault liability, in the case of statutory guarantee liability, such as, for example, under the German Product Liability Act [Produkthaftungsgesetz], or for the liability under a contractually assumed no-fault guarantee.
- If Unützer refers to external websites by hyperlink, Unützer shall not assume any liability for their content or layout. These hyperlinks merely provide access to external content or products. If Unützer obtains knowledge that content referred to is in breach of prevailing legislation, Unützer shall remove the hyperlink concerned after considering the actual circumstances.
- The limitations of liability for Unützer shall also apply to its legal representatives and vicarious agents. The limitations of liability in accordance with this section 12 shall also cover all contractual and non-contractual claims that arise in connection with the Customer’s order.
13. Cancellation of the Registration and Changes on the Website
- Both the Customer and Unützer are entitled to cancel the registration at any time by giving one week’s notice.
- Notwithstanding, Unützer is entitled at any time to cancel the Customer’s registration with immediate effect if the Customer breaches these conditions of use and also does not remedy this breach after a warning notice setting a time limit for compliance, or repeats the breach.
- Unützer reserves the right to amend these conditions of use, as well as the content and structure of the Website, at any time. This right also extends to the arranging or putting in place certain offers or services subject to a charge.
14. Final Provisions
- The law of the Federal Republic of Germany shall apply. The exclusive place of jurisdiction for disputes arising from this contractual relationship – if permitted by law – shall be Landgericht München I.
- The place of performance for all legal relationships existing between Unützer and the customer shall be Munich.
- If individual provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions.
These conditions of use, as well as the records of the relationship with the user, shall be stored by Unützer after registration. The conditions of use are available in their current version at the URL www.unuetzer.com. Previous versions are stored by Unützer. The terms and conditions are available in German and English.