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General Terms and Conditions

General Terms and Conditions with customer information

1. Scope of applicability
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Liability for defects
7. Indemnification in case of third-party rights violations
8. Applicable law, jurisdiction

1. Applicability

1.1 These General Terms and Conditions (herein after "GT&Cs"), from the "Unicorns Of Love UG (limited liability)" (hereinafter the "Seller"), apply for all contracts concluded by a consumer or businessperson (hereinafter the "Customer") with the Seller with regards to the goods and/or services presented in the Seller's online shop. The inclusion of conditions from the customer is herewith not permitted unless otherwise agreed.

1.2 A consumer, in accordance with these GT&Cs, is a natural person that concludes a legal transaction for a purpose that can neither be primarily apportioned to his/her commercial nor self-employment. A businessperson in accordance with these GT&Cs is a natural or legal entity or a partnership having legal capacity, exercising its commercial or self-employed professional activities when concluding a legal transaction.

2. Conclusion of the contract

2.1 The product presentations in the online shop are not binding offers from the Seller, they are instead intended for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, by clicking on the button to complete the order process, the Customer is submitting a binding contract offer with regards to the goods and/or services in the shopping cart. 

2.3 The Seller can accept the Customer's offer within five days,

- by sending the Customer an order confirmation in writing or text form (fax or email), whereby the receipt of the order confirmation by the Customer is crucial, or  

- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is crucial, or
  
- by requesting payment from the Customer after the order is submitted. 

If several of the aforementioned alternatives have been fulfilled, the contract is concluded when the first of the aforementioned alternatives is fulfilled. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer with the consequence that the Customer is no longer bound by its declaration of intent.

2.4 The order acceptance period starts on the day after the offer is sent by the Customer and ends at the end of the fifth day following the offer submission.

2.5 When submitting an offer via the Seller's online order form, the contract text shall be saved by the Seller and sent to the Customer after submitting the offer, including these GT&Cs in the text form (e.g. email, fax or letter). In addition, the contract text is archived on the Seller's website and can be accessed, free of charge, via the Customer's password-protected customer account using the corresponding login information, if the Customer has created a user account for the Seller's online shop prior to submitting the offer.

2.6 Prior to submitting the binding offer via the Seller's online order form, the Customer can correct the entries using normal keyboard and mouse functions. In addition, all entries shall be displayed prior to the binding submission of the order and can be corrected there using common keyboard and mouse functions.

2.7 German is the only language in which the contract can be concluded.

2.8 Order processing and contact are generally conducted via email and automated order processing. The Customer must ensure that the email address provided during the order process is accurate so the Customer can receive emails from the Seller at this email address. In particular, the Customer must ensure that SPAM filters do not prevent emails from the Seller or third parties commissioned with the completion of the order from being delivered.

3. Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal. 

3.2 ​Detailed information regarding the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply for consumers who are not citizens of a European Union member state or whose sole residence and delivery address are outside the European Union at the time the contract is concluded. 

4. Prices and payment conditions

4.1 Unless otherwise stated in the Seller's product description, the prices are total prices including statutory sales tax. If applicable, additional delivery and shipping costs are indicated separately in the product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which the Customer shall bear. These include, for instance, costs for money transfers through credit institutes (e.g. wire transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred with regards to money transfers if the delivery is not made to a country outside the European Union, but which the Customer pays from a country outside the European Union.

4.3 A number of payment options are available to the Customer which are indicated on the Seller's online shop.

4.4 If prepayment is agreed upon, the payment is due immediately after the conclusion of the contract.

4.5 When selecting the "PayPal" payment method, the payment is processed via the payment service provider, PayPal (Europe) S. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under application of the PayPal conditions of use which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. The Customer must open or already have a PayPal account to utilize this payment method.

5. Delivery and shipping conditions

5.1 The delivery of goods is executed via the regular shipping methods to the delivery address provided by the Customer. When processing the transaction, the delivery address provided during the Seller's ordering process is crucial. Contrary to this, when selecting the PayPal payment method, the delivery address stored at the time the payment is made via PayPal is crucial.

5.2 If the transport company sends the shipped goods back to the Seller because they could not be delivered to the Customer, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the conditions resulting in the failed delivery or if the Customer was temporarily prevented from accepting the provided services unless the Seller announced the service ahead of time with a reasonable notification period.

5.3 Collection by the Customer is not possible for logistical reasons.

6. Liability for defects

Statutory liability regulations apply.

7. Indemnification in case of third-party rights violations

If, in accordance with the content of the agreement, the Seller is not only obligated to provide the goods, but also process the goods in accordance with certain Customer specifications, the Customer must ensure that the content provided to the Seller for the purposes of processing are free of third-party rights (e.g. copyright or brand name rights). The Customer shall indemnify the Seller from all third-party claims which the third party is entitled to enforce resulting from a violation of their rights due to the contractual use of the Customer's content by the Seller. The Customer herewith assumes the reasonable costs for the necessary legal defense including all court and attorney fees in the statutory amount. This does not apply if the Customer is not responsible for the legal violation. The Customer is obligated to immediately, truthfully and completely provide the Seller with all information necessary for reviewing and defending against the claims in case third-party claims are enforced.

8. Applicable law, jurisdiction

8.1 The laws of the Federal Republic of Germany apply for all legal relationships between the parties, excluding the laws pertaining to the international sale of movable goods. For consumers, this choice of law insofar as the granted protection is not revoked due to mandatory provisions of the laws of the state in which the consumer usually resides.

8.2 If Customer is acting as a businessman, legal entity under public law or special fund under public law seated in the sovereign territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes resulting from this agreement is the Seller's place of business. If the Customer is located outside the sovereign territory of the Federal Republic of Germany, the Seller's place of business is the sole place of jurisdiction for all disputes resulting from this agreement if the agreement of claims from the agreement can be attributed to the professional or commercial activities of the Customer. In the aforementioned cases, the Seller is, however, entitled to call on the courts at the Customer's place of business.

8.3 This choice of jurisdiction does not apply with regards to the statutory right of withdrawal for consumers who are not citizens of a European Union member state or whose sole residence and delivery address are outside the European Union at the time the contract is concluded. 

9. Online disput

9.1 Information for online dispute: The EU-Commission offers a special platform for online disputes. You can find this site in the internet by using following link: http://ec.europa.eu/consumers/odr

This platform serves as a focal point for the extra-judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved.

 

 

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