Terms & Conditions
General Terms and Conditions (GTC) of udoq
Status: March 2020.
§ 1 Validity of these general terms and conditions
These General Terms and Conditions (hereinafter: General Terms and Conditions) apply to all contracts or orders placed through the online shop of udoq GmbH (further: udoq) to be closed or abandoned. Conflicting terms and conditions of the customer are not valid, even if udoq does not expressly contradict this.
The GTC apply to consumers and companies. The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of contract
Until you click the "Order with obligation to pay" button, visiting and shopping at www.udoq.de operated shop for the customer without obligation. The customer only makes a binding offer by clicking on the "Order with obligation to pay" button udoq to conclude a purchase contract, whereby the customer must also accept these terms and conditions as part of the contract.
The confirmation of the receipt of the order placed via our online shop takes place with an e-mail called "Confirmation" and a display in the browser with the title "Thank you for your order". These automatic confirmations of receipt only inform the customer that we have received the order and do not represent acceptance of the contract.
A contract is only concluded when we confirm the dispatch of the ordered goods to the customer with an e-mail designated as "confirmation", or the ordered goods are actually dispatched.
§ 3 Revocation
The customer has a right of withdrawal in accordance with the statutory provisions. The regulations that are reproduced in detail in the following cancellation policy apply to the right of cancellation.
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The withdrawal period will expire after XNUMX 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.
In order to exercise your right of withdrawal, you must [udoq GmbH, Trogerstr. 38, 81675 Munich, email: email@example.com] by means of a clear statement (e.g. a letter sent by post or e-mail, fax) of your decision to withdraw from this contract. You can use the attached model cancellation form (see Appendix to the General Terms and Conditions), but this is not mandatory.
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.
Effects of Withdrawal
If you revoke this contract, we have to repay all payments that we have received from you (excluding delivery costs) immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
We will bear the cost of returning the goods if you use the return label provided by us to return the goods using the DHL parcel service we suggest. Otherwise you bear the costs of the return. The cost will be at most about 10 EUR per udoq estimated."
Send the return using the return label provided by us to: udoq GmbH, Salzstr. 8, 85622 Feldkirchen, Germany
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. This is particularly the case when
- the udoq was damaged by the customer or shows signs of use,
- Cables or adapters have been damaged by the customer or show signs of use,
- parts of the product are missing or have been altered,
- parts of the scope of delivery are missing or have been interchanged,
- the udoq due to missing or damaged outer packaging, arrives damaged with us.
END OF REVOCATION
Irrespective of your right of withdrawal according to § 3, the order can be canceled until we have given our shipping partner DHL the order to ship the goods.
The consumer does not have the right of withdrawal if he orders goods that have been manufactured according to customer specifications, i.e. according to his own specifications or preferences. This is particularly the case with printing, engraving, or laser engraving udoqs in special lengths.
If the customer is an entrepreneur, the right of withdrawal is excluded.
§ 4 Prices and shipping costs
All prices are gross prices including statutory value added tax and plus shipping costs.
§ 5 Delivery, Unavailability
The delivery takes place within the delivery period specified for the respective goods in the online shop. The period begins upon receipt of the customer's payment.
In the event of unavailability of the ordered goods for which we are not responsible as a result of untimely or incorrect delivery (including the delivery of small quantities) by our (upstream) supplier, despite a delivery contract concluded by us with the (upstream) supplier regarding the We reserve the right not to deliver ordered goods.
In this case, we undertake to inform our customers immediately about the (partial) unavailability of the ordered goods and to immediately refund any consideration (payments) already received from our customers.
§ 6 Payment Options, Electronic Invoice
Payment is made by Paypal, credit card (Visa or Master Card), immediate transfer, Giropay, IDEAL, eps, or prepayment. We reserve the right to exclude individual payment methods or only offer selected payment methods.
The customer receives an electronic invoice with the shipping confirmation designated as "confirmation". An electronic invoice is an invoice that is issued and received in an electronic format. The customer agrees to the electronic transmission of invoices.
§ 7 Retention of title
The goods remain our property until full payment.
§ 8 warranty
In the event of a material defect in the goods, the statutory provisions apply in principle.
The limitation period for statutory claims for defects is two years for consumers and begins with the delivery of the goods.
If the customer is an entrepreneur, the delivery is made without warranty.
With the exception of guarantees expressly designated as such, there are no guarantees of any kind.
§ 9 Liability for Damages
Udoq is liable in principle and always without limitation in the event of culpable injury to life, limb or health.
Udoq is also liable - for whatever legal reason - without limitation to compensation for damages that are based on 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 slightly negligent breach of duty Udoq or one of the legal representatives or vicarious agents is liable Udoq only - albeit unlimited - for damages resulting from injury to life, limb or health.
Damage resulting from the breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely, are only limited to the amount of the damage that is typical for the contract and foreseeable at the time the contract was concluded.
Any mandatory legal liability, in particular from the Product Liability Act, remains unaffected by the above limitations of liability.
§ 10 Miscellaneous
As far as legally permissible, the place of jurisdiction for both parties is Munich.
The place of performance for both parties is generally Munich.
Udoq reserves the right to change or supplement these GTC at any time. The general terms and conditions that were valid when the order/contract was concluded apply to the specific contractual relationship with the customer.
The contract language is German.
Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
Attachment to the General Terms and Conditions udoq