§ 1 Basic Provisions

(1) The following terms and conditions apply for all contracts between UJETA GmbH, Hasbergerstraße 9c, 87757 Kirchheim, Germany – hereinafter Supplier – and the customer that are concluded via the website www.ujeta.com of the Supplier. Unless otherwise agreed, the inclusion of the customer’s own terms is rejected.

(2) A consumer within the meaning of the following clauses is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or her or its trade, business or profession.

(3) The language of the contract is German. The contract text will not be stored by the Supplier and will no longer be accessible to the customer after the order is sent. The customer may print out the contract text using the browser’s print function or save it electronically before submitting the order. The order details and the General Terms and Conditions will be sent to the customer by email in any case.

 

§ 2 Subject Matter

The subject of the contract is the sale of goods. The details, in particular the substantive characteristics of the goods, are set out in the article description and the supplementary information on the Supplier’s website.

 

§ 2 Creation of the Contract

(1) The product representations of the Supplier on the internet do not constitute a binding offer to conclude a contract, but are instead an invitation to submit an order (offer of the customer).

(2) The customer may submit their offer to buy by telephone, email or in writing or through the online order system.

If buying through the online order form, the goods intended for purchase will be placed in the “basket”. The customer can retrieve the “basket” by clicking on the relevant button in the navigation bar and make changes to it at any time. After the “Checkout” page is called up, the personal details are entered and the terms of payment and shipping are accepted, all order details will be displayed again finally on the order summary page.

Before sending the order, the customer has the opportunity to verify all details again, amend them if necessary (this can also be done using the “Back” function of the web browser) or cancel the purchase. By sending the order using the corresponding button the customer is submitting a binding offer to the Supplier.

The customer will initially receive an automatic email confirming receipt of the order, but this does not yet constitute the conclusion of a contract.

(3) Acceptance of the offer (and hence conclusion of the contract) will in all cases be effected by confirmation to the customer in text form (e.g. email) that the order is being processed or the goods will be delivered or by shipment of the goods. Written form is deemed agreed between the parties to this agreement. Verbal secondary agreements are ineffective and will not become part of any contract.

Should the customer not have received any confirmation of order or notification of delivery or any goods within 5 days, they will no longer be bound by the order.

In this case any payments already made will be refunded without delay.

(4) The Supplier will on request create for the buyer an individual offer that will be sent to the customer in text form and by which the Supplier will be bound for 7 days. The customer accepts the offer by confirming in text form.

(5) The order will be processed and all information required in connection with conclusion of the contract sent by email, partly automatically.

The customer must therefore ensure that the email address they have stored with the Supplier is accurate, that they are technically able to receive emails and in particular that receipt is not prevented by spam filters.

(6) Due to the written form clause, which does not permit verbal secondary agreements, our staff do not have the right to enter into verbal agreements of any kind with the customer in connection with the contract that differ from our order form and from the General Terms and Conditions.

 

§ 4 Prices, Shipping Costs

(1) The prices listed in the respective offers and the shipping costs are final prices. They include all price components including any taxes that apply.

(2) The shipping costs that apply are not included in the purchase price. They can be retrieved on the “Payment and shipping” pages, will be itemized separately in the order process and are to be paid additionally by the customer unless free delivery is promised.

(3) The customer will receive an invoice itemizing the VAT.

 

§ 5 Payment and Shipping Terms

(1) The terms of payment and shipping can be found by clicking on the button of the same name in the navigation bar.

(2) Unless otherwise indicated for the individual payment methods, payment claims arising from the concluded contract will be due for payment immediately.

(3) Should, contrary to expectation, a product ordered by the customer not be available for reasons beyond the control of the Supplier, despite the timely conclusion of an appropriate cover transaction, the customer will be informed of the non-availability at once and in the case of withdrawal any payments already made will be refunded at once.

(4) For consumers, the law stipulates that the risk of accidental destruction and accidental deterioration of the goods sold during shipment does not pass to the customer until delivery of the goods, regardless of whether the goods are shipped insured or uninsured.

 

§ 6 Return in the case that the Right of Cancellation is Exercised

For the case that the right of cancellation enjoyed by consumers in distance contracts is exercised, it is agreed that the customer must bear the standard costs of return if the price of the item to be returned does not exceed EUR 40 or, in the case that the item has a higher price, if the customer has not yet rendered the consideration or a contractually agreed part payment at the time of cancellation, unless the goods delivered do not correspond to those ordered. In all other cases the Supplier will bear the costs of return.

 

§ 7 Right of Retention, Reservation of Title

(1) The customer can only exercise a right of retention if this concerns claims arising from the same contractual relationship.

(2) The goods shall remain the property of the Supplier until the purchase price has been paid in full.

 

§ 8 Warranty

(1) The statutory provisions shall apply.

(2) The consumer has a duty to inspect the goods for completeness, obvious defects and damage in transit immediately upon delivery and to notify the Supplier and the forwarder of any objections within 24 hours. If the consumer does not exercise their right to notify defects at once, particularly in the case of obvious defects and damage in transit, they will lose their warranty claims. This will not apply in the case of hidden defects or defects that manifest themselves later.

(3) In derogation of statutory provisions, the warranty period for used items will be one year from delivery of the goods. The one-year warranty period will not apply for culpable damage attributable to the Supplier from loss of life, physical injury or damage to health or for damage caused through intent or gross negligence or through fraud of the Supplier, or for recourse claims pursuant to sections 478, 479 of the German Civil Code (BGB).

(4) In the case of defects that are to be rectified by the delivery of spare parts, the spare part will be sent to the buyer free of charge within the warranty period. Any costs for the installation of the spare part must be borne by the buyer. The buyer will receive installation instructions with delivery of the spare part.

 

§ 9 Liability, Limitation of Liability

(1) In the case of defects that are to be rectified by the delivery of spare parts, the spare part will be sent to the buyer free of charge within the warranty period. Any costs for the installation of the spare part must be borne by the buyer. The buyer will receive installation instructions with delivery of the spare part.

In the event of failure to follow the above advice and instructions, the Supplier’s liability will be excluded if the damage or consequential damage is founded on failure to comply with this obligation.

(2) If the Supplier offers technical information or advice and this information or advice is not part of the scope of the service contractually agreed and owed by it, it is provided free of charge to the exclusion of any liability.

(3) Liability for slightly negligent breaches of duty is excluded in the case that minor contractual duties are breached.

(4) In the current state of the technology, no guarantee can be given that data communication over the internet will be free of errors and/or available at all times. To that extent the Supplier will be liable neither for the permanent nor for the uninterrupted availability of the website and the service offered there.

(5) The Supplier advises that details of the product are subject to constant change and may be adapted to the requirements of the technology. The customer has a duty to note this technical information of the Supplier and to clarify any outstanding questions by contacting the Supplier.

Should the customer fail to do so, the Supplier’s liability will be excluded similarly to paragraph 1.

 

§ 10 Choice of Law, Place of Performance, Venue

(1) German law shall prevail, to the exclusion of the UN Sales Convention. In the case of consumers, this choice of law applies only if the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual place of residence is not diminished (favourability principle).

(2) The place of performance for all services arising from the business relationship existing with the Supplier and the venue is the registered office of the Supplier if the customer is not a consumer but instead a merchant, legal person under public law or special fund under public law. The same applies if the customer has no general venue in Germany or the EU or if the domicile or habitual place of residence is not known at the time the action is brought. This shall be without prejudice to the right to appeal to a court of another legal jurisdiction.