GTC
General terms and conditions with customer information
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of title
7. Defects liability
8. Exemption in case of infringement of third party rights
9. Applicable law
10. Place of jurisdiction
11. Information on online dispute resolution
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Unicorns Of Love GmbH (limited liability)” (hereinafter referred to as “Seller”), apply to all contracts that a consumer or a corporate customer (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity.
1.3 A corporate customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Conclusion of contract
2.1 The product representations contained in the Seller’s online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days, – by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or – by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or – by requesting the customer to pay after placing his order. If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer has sent the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these GTC. In addition, the text of the contract is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller’s online store before sending his order.
2.5 Before the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical method for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. The Customer can continuously correct his entries via the usual keyboard and mouse functions before the binding submission of the order within the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 The right of withdrawal shall not apply to consumers who are not citizens of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4. Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective 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 shall be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The Customer has various payment options available, which are indicated in the Seller’s online store.
4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.
4.5 If the payment method “PayPal” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the Customer opens a PayPal account or already has such an account.
5. Terms of delivery and shipping
5.1 Goods shall be delivered regularly by dispatch and to the delivery address specified by the customer. The delivery address indicated in the Seller’s purchase processing is decisive for the transaction. Notwithstanding the above, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had given him notice of the service a reasonable time in advance.
5.3 For logistical reasons it is not possible to pick up the order yourself.
6. Retention of title
If the Seller makes an advance payment, the title to the delivered good shall remain vested in the Seller and shall not pass to the Consumer until the purchase price has been paid in full and received by the Seller.
7. Defects liability
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller about this. If the Customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8. Exemption in case of infringement of third party rights
If, according to the content of the contract, the Seller is responsible for processing the goods in accordance with certain specifications of the Customer in addition to the delivery of the goods, the Customer shall ensure that the content provided by the Customer to the Seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The Customer shall exempt the Seller from any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer’s contents by the Seller. The Customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This does not apply if the Customer is not responsible for the violation of rights. In the event of a claim by third parties, the Customer is obliged to provide the Seller with all information necessary for the examination of the claims and a defense without delay, truthfully and comprehensively.
9. Applicable law
9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
10. Place of jurisdiction
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller shall in any case be entitled to call upon the court at the Customer’s place of business.
11. Information on online dispute resolution
Die EU-Kommission stellt im Internet unter folgendem Link eine Plattform zur Online-Streitbeilegung bereit: https://ec.europa.eu/odr
Diese Plattform dient als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten aus Online-Kauf- oder Dienstleistungsverträgen, an denen ein Verbraucher beteiligt ist.
Wir sind zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle weder verpflichtet noch bereit.