General Terms and Conditions

1. Scope and General Remarks

1.1 The present General Terms and Conditions (GTC) contain exclusively applicable conditions between us, the namotto Universal Brands GmbH & Co KG, Kurfürstendamm, 10719 Berlin, Germany hereinafter „seller“ or „we“) and a consumer or entrepreneur (hereinafter „customer“), for the purchase of the goods and services offered, unless modified by written agreements between the parties.

Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly ascribable to neither his commercial nor his independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

1.2. Changes to these terms and conditions will be communicated to the customer in writing, by fax or by e-mail. If the customer does not object to this change within four weeks after receiving the notification, the changes shall be deemed accepted by the customer.

 

2. Conclusion of Contract

2.1. The presentation of the offered goods and services is not a binding offer of the seller. Only the order of a product or service by the customer is a binding offer under § 145 BGB. The seller can accept this offer within five days. In the case of the acceptance of the purchase offer by the seller, the seller sends an order confirmation by e-mail to the customer.

2.2. After submitting the offer, the contract text will be sent to the customer by e-mail. If the customer has created a customer account, the contract text is saved in his customer account.

2.3. During the ordering process, the customer has the opportunity to correct the entries made. Before completing the order process, the customer will receive a summary of all order details and will have the opportunity to review his details.

2.4. The contract is concluded in German.

2.5. The seller contacts the customer via e-mail and automated order processing. The customer ensures that the e-mail address entered by him is correct.

2.6. For digital goods, the seller grants the customer a non-exclusive, locally and temporally unlimited right to use the ceded digital content for personal as well as business purposes. A transfer of the contents to third parties, as well as a duplication for third is not permitted, if the permission was not granted by the seller.

 

3. Terms of Payment

3.1. The purchase price is due immediately upon ordering. The payment of the goods takes place by means of the provided payment methods.

3.2. The prices stated at the time of ordering apply. The prices stated in the price information include the statutory sales tax.

3.3. Against claims of the seller, the customer can only offset with undisputed or legally established or decision-ready counterclaims.

 

4. Shipping Policy

4.1. The shipment of the ordered goods takes place in accordance with the agreements made. Any shipping costs are listed in the respective product description and will be shown separately on the invoice.

4.2. Digital goods are made available to the customer in electronic form either as a download or by email.

 

5. Withdrawal

Consumers are in principle entitled to a right of withdrawal. Further information on the right of revocation, result from the cancellation policy of the seller.

 

6. Warranty

Insofar as the delivered goods are defective, the customer is entitled, within the scope of the statutory provisions, to demand supplementary performance, to withdraw from the contract or to reduce the purchase price. The limitation period of warranty claims for the delivered goods is two years from the receipt of the goods.

 

7. Limitation of Liability

7.1. The seller is liable for intent and gross negligence. Furthermore, the seller is liable for the negligent breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place, whose violation jeopardizes the achievement of the purpose of the contract and on whose compliance a customer regularly trusts.In the latter case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.

7.2. The above exclusions of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.

7.3. The data communication via the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. The seller is not liable for the continuous and uninterrupted availability of the online trading system and the online offers.

7.4. The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We do not participate in a dispute settlement procedure before a consumer arbitration board.

 

8. Final Provisions

8.1. Changes or additions to these Terms and Conditions must be in writing. This also applies to the cancellation of this written form requirement.

8.2. The law of the Federal Republic of Germany applies excluding the UN sales law. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.

8.3. Insofar as a consumer had his domicile or habitual residence in Germany upon conclusion of the contract and either relocated at the time of filing the action or his whereabouts are unknown at this time, the place of jurisdiction for all disputes shall be the place of business of the seller

If a consumer does not have his domicile or habitual residence in a member state of the European Union, the courts at the place of business of the seller are exclusively responsible for all disputes.

If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller.

8.4. Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by mutual agreement by the contracting parties by means of a legally valid provision which comes closest to the economic purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.