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General Terms and Conditions (GTC)

1. Validity, definitions

1.1 For orders placed by the customer (hereinafter “customer” or “you”) with Uncertain Proportions via our online shop at [Enter new URL shop], an offering by Droessel, Heumann & Schankula GbR, Maximilianstr. 28, 80539 Munich (hereinafter “Seller” or “we”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer shall not apply unless the Seller expressly agrees to their validity in writing.

1.2 Customers within the meaning of Item 1.1 are both consumers and entrepreneurs. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

2. Conclusion of contract

2.1 The customer can select products from our product range and collect them in a so-called shopping cart by clicking on the “Add to Cart” button. The customer makes a binding offer to purchase the goods in the cart by clicking on the button “Place Order”. Before the order is bindingly placed, all user entries can be continuously corrected using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly placed.

2.2 The Seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt only documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the contract. The contract is only concluded when the Seller submits a separate order confirmation, which is sent with a separate e-mail. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper print-out) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

2.3 The contract text shall be made available to the customer in accordance with the statutory requirements; we shall not store it for the customer beyond this.

2.4 The contract shall be concluded in German language.

2.5 The order processing and conclusion of contact takes place 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 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. Delivery, availability of goods

3.1 The delivery of physical goods that can be shipped shall take place regularly by means of shipment and to the delivery address specified by the customer. The delivery address stated in the Seller’s order confirmation is exclusively decisive for the processing of the transaction. The shipping risk is borne by the Seller if the customer is a consumer.

3.2 The dispatch of digital goods/contents takes place electronically by e-mail.

3.3 If a delivery of physical goods to the customer is not possible, the commissioned transport company will return the goods to the Seller, whereby the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt. The customer expressly reserves the right to prove that the Seller has suffered no damage or only minor damage.

3.4 If no copies of the product selected by the customer are available at the time the order is placed, the Seller shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the Seller refrains from a declaration of acceptance (see section 2.3 of the GTC). A contract is not possible in this case. In this case, payments already made by the customer will be refunded immediately.

4. Prices and shipping costs, payment

4.1 Our stated prices are final prices, i.e. they include all price components, including the statutory German sales tax (VAT). Any additional delivery and shipping costs incurred are stated separately in the respective product description in the offer and shall be borne by the customer, unless the customer exercises his right of revocation.

4.2 For the payment you can only use the payment modalities agreed upon and indicated with the order.

4.3 In the event of revocation, the customer shall bear the direct costs of returning the goods.

5. Retention of title

Until complete payment the delivered goods remain the property of the Seller.

6. Warranty for material defects, guarantee

6.1 The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (“Bürgerliches Gesetzbuch”). The warranty period for goods delivered by the Seller to entrepreneurs is 12 months.

6.2 An additional guarantee for the goods delivered by the Seller shall only apply if this such guarantee was expressly agreed on in the order confirmation for the respective article.

7. Liability

7.1 The Seller shall be liable in the event of damage to the customer (a) from injury to life, limb or health resulting from a breach of duty by the Seller, (b) within the framework of the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation, (c) if the Seller has caused the damage intentionally or by gross negligence, and/or (d) if the damage was caused by the breach of an obligation on the part of the Seller, the fulfilment of which enables the proper execution of the contract at all and the observance of which the Customer regularly relies on and may rely on (cardinal obligation, “Kardinalpflicht”).

7.2 The Seller’s liability in the cases of paragraph 1, letters (a), (b) and/or (c) shall not be limited. Otherwise, the damage shall be limited to the foreseeable, contract-typical damage.

7.3 In cases other than those referred to in paragraph 1, the Seller’s liability shall be excluded irrespective of the legal grounds.

7.4 The liability regulations in the above paragraphs also apply to personal liability of the legal representatives, employees and vicarious agents of the Seller.

8. Right of withdrawal for consumers

Please note the information on the legal right of withdrawal for consumers below.

9. Data protection

For information on data protection, please visit our privacy policy.

10. EU Website for Online Dispute Resolution / Alternative Dispute Resolution in accordance with the Consumer Dispute Resolution Act

10.1 The EU Online Dispute Resolution website can be found at: http://ec.europa.eu/consumers/odr/.

10.2 We draw your attention to the fact that we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration body.

11. Final provisions

11.1 The law of the Federal Republic of Germany shall apply to contracts between the Seller and the customers, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory regulations on the restriction of the choice of law and on the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

11.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the Seller shall be the Seller’s place of business.

11.3 The remaining parts of the contract shall remain binding even in the event of the legal invalidity of individual points. The ineffective points shall be replaced, if any, by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.

Withdrawal instructions for consumers

In the following we inform you about the right of withdrawal for consumers. Please also note the exceptions to the right of withdrawal and the model withdrawal form (both below the revocation instructions).

a) Right of revocation for physical goods

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day on which you on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise your right of withdrawal, you must inform us, Droessel, Heumann & Schankula GbR, Maximilianstr. 28, 80539 München, +49 178 8785517, mail@uncprop.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us Droessel, Heumann & Schankula GbR, Maximilianstr. 28, 80539 Munich  without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the withdrawal instruction

b) Right of withdrawal for digital contents/goods which are not delivered on a physical data carrier

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us, Droessel, Heumann & Schankula GbR, Maximilianstr. 28, 80539 München, +49 178 8785517, mail@uncprop.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

End of the withdrawal instruction

Note on the early expiration of the right of withdrawal for the purchase of digital goods:

The right of withdrawal expires earlier if we have only commenced with the execution of the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal with the commencement of the performance of the contract on our part.

c) Model withdrawal form

We inform you about the model withdrawal form in accordance with the statutory regulations as follows:

Model withdrawal form

(If you want to withdraw from  the contract, please fill in this form and send it back.)

To Droessel, Heumann & Schankula GbR, Maximilianstr. 28, 80539 München, mail@uncprop.com

  • I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/ the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name(s) of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only for paper communication)
  • Date

(*) Delete as appropriate

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