General Terms and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with www.destillatio.eu, with us as a supplier (UNICOBRES GmbH & Co.KG) on the website. Unless otherwise agreed, the inclusion of which might be used by your own conditions is contradicted.
(2) Consumer within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, which is concluding a legal transaction in the exercise of their professional or commercial activity.
§ 2 Conclusion of contract
(1) The object of the contract is the sale of goods.
Our product images on the Internet are not binding and no binding offer to conclude a contract.
(2) You can make a binding offer to purchase (order) using the online shopping cart system.
The purchase of goods is intended to be stored in the "shopping cart". Using the appropriate button on the navigation bar, you can view the "shopping cart" and then make changes at any time. After calling the page "Checkout" and entering your personal details and the payment and shipping terms, all order data will be displayed on the order summary page again.
As far as you wish to use the immediate payment provider "PayPal-Express" by clicking the "PayPal Express" integrated system in the shop button, you will be redirected directly to PayPal. After successful registration, your registered PayPal address and account information will be displayed. Click the "continue" button so you will be directed back to our Online Shop on the order summary page.
Before submitting the order you have the option here to check all the information again to change (also using the "back" of the Internet browser) or cancel the purchase.
Click the "Buy" button for submitting a binding order.
(3) Acceptance of the offer (and therefore the contract) made immediately after the order by confirmation in writing (eg e-mail) in which you execute the order or delivery of the goods is confirmed (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. Already made payments will be refunded immediately in this case.
(4) Your requests for the creation of an offer are non-binding. We will make this a binding offer in writing (eg by email), which you can accept within 5 days.
(5) The execution of the order and submission of all information required in connection with the contract shall be concluded by an automated e-mail. Therefore you have to ensure that your provided e-mail address is correct, the receipt of the e-mails is technically assured and especially not prevented by SPAM filters.
§ 3 Custom Goods
(1) You provide us with the information necessary for the individual design of products to appropriate information, text or files through the online ordering system, or at the latest immediately after the conclusion by e-mail. Notice any current guidance on file formats are observed.
(2) You agree not to transmit any data whose content violates the rights of third parties (including copyrights, names, trademark rights) or violate existing laws. Therefore, no legal claims shall be made against us. This also relates to the cost of the necessary legal representation in this context.
(3) We do not check the data for correctness before and after submissions of orders and cannot be held liable for errors.
(4) Individual designs and other contents such as texts, images, graphics, these are subject to copyright.
Using the above mentioned contents without our given consent, reproduction or modification of individual parts or complete contents is not permitted.
Unless otherwise agreed, we will transfer you a perpetual right to use the copyrighted works created for you. You are prohibited to provide the protected works or parts thereof in any way to third parties privately or commercially.
The transfer of the right of use is subject to the condition of full payment of the agreed purchase price.
§ 4 Retention, Retention of Title
(1) A right of retention can only exercise if it comes to claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) For companies, the following also applies:
a) We reserve title to the goods until full payment before all claims arising from the ongoing business relationship. Before transfer of title of the goods, forwarding and transferring is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already occur all claims in the amount of the invoice that will accrue from the sale, to us, we accept the assignment. They are also authorized to collect the debt. As far as you meet your payment obligations properly, we reserve the right, however, to collect the claim itself.
c) When connecting and mixing of the goods we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us on your request insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The choice of the securities to be released.
§ 5 Warranty
(1) the applicable legal regulations.
(2) If you are an entrepreneur, notwithstanding paragraph 1:
a) As a condition of the goods, only our own data and product description are valid, but no other advertising, promotions and public statements of the manufacturer.
b) You are obliged to inspect the goods promptly and with due attention to the quality and quantity variances and to us in writing of obvious defects within 7 days from receipt of the goods, the deadline extends the time limit. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects, we give you the option of repair or replacement. If the repair fails twice, you can request a reduction or withdraw from the contract of your choice. In case of repair, we need not need to bear the increased costs incurred by the shipment of the goods at a place other than the place of performance, provided that the shipment does not match the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to us attributable culpably caused damage arising from injury to life, body or health, and grossly negligently or intentionally caused damage or malice, as well as recourse under § § 478, 479 BGB.
§ 6 Liability
(1) We shall each be fully responsable for damages arising from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, has been guaranteed for the quality of the purchase object in damages under the product liability law and in all other cases established by law.
(2) If material contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations imposed by the contract us by its content for purpose of the contract, make the fulfillment of the proper execution of the contract possible in the first and to comply with them may rely.
(3) the liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication over the Internet can not be guaranteed error free and / or available at all times at the current state of the art. We shall be liable to the extent either for the continuous still uninterrupted availability of the Website and the services offered there.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not deprived (favourability).
(2) Place of performance for all obligations of the business and the legal venue existing with us is our seat as far as you are not a consumer, but a merchant, legal entity under public law or public law special fund. The same is true if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention specifically does not apply.
II Customer Information
1 Identity of the seller
UNICOBRES GmbH & Co.KG
Hersfelder Strasse 16
Phone: +49 (0) 6672 91848-1
2 Information about the conclusion of the contract
The technical steps to conclude a contract, the contract itself and the possibilities of correction must be made in accordance with § 2 of our General Terms and Conditions (Part I.).
3 contract language, the contract text storage
3.1. The contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order with us, the order data, the information required by law in distance contracts and the terms and conditions will again be sent by e-mail to you.
3.3. For quotation requests outside of the online shopping cart system, you get all the contract data transmitted as part of a binding offer by e-mail, which you can print or save electronically.
4 of conduct
4.1. We have subjected the buyer Seal Quality criteria Dealers Association Management Ltd., which can be viewed at the following link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
5 Essential characteristics of the goods or service
The essential characteristics of the goods and / or services can be found in the item description and additional information on our website.
6 Price and Payment Methods
1. The reasons given in the respective offers prices and shipping costs are total prices and include all price components, including all applicable taxes.
2. The shipping costs are not included in the purchase price. They are accessed via an appropriately designated button on our website, are reported separately during the order process and are payable by you in addition, unless the shipping costs is confirmed.
3. The payment methods available to you are shown under an appropriately labeled button on our website or in the respective product description.
4. Insofar as the individual payment methods as not otherwise specified, payment claims from the completed contract immediately due for payment.
1. The terms of delivery, delivery date and any existing shipping restrictions can be found at an appropriately designated button on our website or in the respective product description.
2. Unless you are a consumer is regulated by law, that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods passes to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently commissioned an unnamed transport company by the entrepreneur or an otherwise certain to execute the dispatch person.
If you are a company the supply and shipment is at your risk.
8 Statutory warranty rights for goods
1. The warranty for our goods depends on the control "Warranty" in our Terms and Conditions (Part I).
2. As a consumer, you will be asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage and to inform us and the shipper complaints as quickly as possible. If you fail to do so, this does not affect your statutory warranty claims.
These terms and conditions and customer information have been created by the specialized in IT law jurists of the dealers Federal and be permanently checked for legal compliance. The Dealers Association Management AG guarantees the legal security of texts and liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.