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Terms Of Use
General Terms And Conditions (Conditions) Of A & S Umann GmbH, Berlin
Stand: 26.02.2011
2.2 The Orderer may select one or more products and add them to his or her cart via mouse click. When continuing the acquisition, the Orderer proceeds to the checkout of the Online Store, the costs of the product(s), of delivery and the total purchase price including VAT (the "Total Purchase Price") will be displayed. In order to proceed to checkout, the Orderer has to enter his name, the shipping and the billing address, choose a payment option and accept the Conditions. By clicking on “Place your Order” the Orderer submits his or her order finally and bindingly.
2.3 UMASAN confirms via email receipt of the Orderer's order. Within 10 days of the Orderer's offer, UMASAN may accept the offer at least in text form according to Section 126 b of the German Civil Code (BGB) or by sending the product(s) to the Orderer. The Orderer waives the right to receive the declaration of acceptance, § 151 S. 1 BGB. If compelling reasons bar UMASAN from accepting the Orderer's offer, the Orderer will be informed about the unavailability of the product(s). Any effected payment or consideration will be immediately refunded to the Orderer.
2.4 The Total Purchase Price is due and payable immediately upon ordering. UMASAN accepts only those forms of payment offered to the Orderer within the context of the respective order. Should a bank debit not be carried out or be returned, the Orderer authorizes the Bank to inform UMASAN of his or her name and present whereabouts.
Right of revocation
If you are a customer, you may revocate your contractual statement in text form (e.g. letter, fax, email) within 14 days without stating any reasons or – if the product has been sent to you before the expiry of this period – by sending back the product.
The revocation period begins upon receipt of these instructions in text form, however not before receipt of the product by the customer (in case of recurring deliveries of products of the same kind not before the day on which the first part delivery reaches the receiver) and also not before we have performed our information duties according to article 246 § 2 in conjunction with section 1, subsections 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties under section 312 e, subsection 1, first sentence of the German Civil Code (BGB) in conjunction with article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB).
To meet the revocation deadline it is sufficient to dispatch the declaration of revocation or the received products in time.
The revocation is to be addressed to:
A & S Umann GmbH
Linienstraße 40
10119 Berlin
Fax: +49 (0)3212 205.19.78
E-Mail: return@umasan-world.de
Consequences of revocation
In the event of a valid revocation, the mutually received services and any benefit thereof (such as interest) have to be returned. If you are unable to return the received service either in part or in full, or only in deteriorated condition, you may be obliged to pay compensation for lost value. Regarding the delivery of products, this does not apply, if the deterioration of the product is exclusively due to it having been inspected by you, as you might have done in a shop. Apart from that, you may avoid the obligation to pay compensation for lost value due to any deterioration caused by the use of the product in accordance with its purpose, by not using the product like your own property and refraining from doing anything that impairs its value.
Products that can be sent by parcel post are to be returned at our risk. You bear the cost of the return, if the delivered product corresponds to the ordered product and if the purchase price of the product which you return does not exceed 40 Euros or, in the event of a higher product price, if you have not yet paid the full consideration or a contractually agreed part payment at the time of revocation. Otherwise the return is free of charge for you. Products that cannot be sent by parcel post will be picked up from you. Obligations to refund payments have to be fulfilled within 30 days. The term begins for you upon the sending of your declaration of revocation or dispatch of the product, and for us upon its receipt.
End of the instructions on the right of revocation
7.2 Liability for subsequent damage, for instance loss of earnings and similar indirect damage and compensation for useless expenditures is excluded. As far as UMASAN's liability is excluded or limited, the same applies for the personal liability of UMASAN's employees, representatives and agents.
7.3 Under the current state of technology data transfer via open networks such as the Internet cannot be completely guaranteed to be available any time and error-free. UMASAN does not ensure constant availability of its Online Store.
8.2 Subsequent to his order, the Orderer receives an email with further information concerning the execution of the contract.
8.3 The Orderer may submit complaints and warranty claims at the address indicated about the host of the Website. Information concerning payment, delivery or performance can be found on the Online Store.
9.2 The Orderer consents explicitly to the collection, use and processing of his or her personal data.
9.3 By selecting "Order Newsletter" the Orderer expressly agrees that his or her address and E-Mail may be used for occasional information via UMASAN's newsletter. The consent may be withdrawn by informal report at any time.
10.2 Jurisdiction over any disputes arising in connection with UMASAN shall lie with the courts in Berlin, Germany, as far as legally admissible.
10.3 Should individual provisions hereof shall be or become void or incomplete, the validity of the remaining provisions hereof shall in no way be affected. The parties will undertake to replace the invalid provision in mutual consent by a valid provision, which approximates the economic purpose of the invalid provision as closely as possible. The same shall apply if the provisions are found to be incomplete.
Stand: 26.02.2011
§ 1 Applicability
A & S Umann GmbH operates an online store under the domain www.umasan-world.com (the "Online Store"). The following General Terms and Conditions apply to all business relations between A & S Umann GmbH ("UMASAN") and its customers ("Orderer") in the version applicable at the time of concluding the contract. Orderers’ conditions which deviate from these Conditions will not be accepted by UMASAN unless explicitly agreed upon in writing.§ 2 Contract conclusion
2.1 The presentation of the range of products on the Online Store represents a non-binding invitation to the Orderer to order these products. UMASAN provides its services to adult Orderers and to such minor Orderers who act with the consent of their parents or guardians.2.2 The Orderer may select one or more products and add them to his or her cart via mouse click. When continuing the acquisition, the Orderer proceeds to the checkout of the Online Store, the costs of the product(s), of delivery and the total purchase price including VAT (the "Total Purchase Price") will be displayed. In order to proceed to checkout, the Orderer has to enter his name, the shipping and the billing address, choose a payment option and accept the Conditions. By clicking on “Place your Order” the Orderer submits his or her order finally and bindingly.
2.3 UMASAN confirms via email receipt of the Orderer's order. Within 10 days of the Orderer's offer, UMASAN may accept the offer at least in text form according to Section 126 b of the German Civil Code (BGB) or by sending the product(s) to the Orderer. The Orderer waives the right to receive the declaration of acceptance, § 151 S. 1 BGB. If compelling reasons bar UMASAN from accepting the Orderer's offer, the Orderer will be informed about the unavailability of the product(s). Any effected payment or consideration will be immediately refunded to the Orderer.
2.4 The Total Purchase Price is due and payable immediately upon ordering. UMASAN accepts only those forms of payment offered to the Orderer within the context of the respective order. Should a bank debit not be carried out or be returned, the Orderer authorizes the Bank to inform UMASAN of his or her name and present whereabouts.
§ 3 Shipping, Shipping Costs, Passing of Risk
Shipping will be carried out according to the shipping costs and conditions set down during the order. If the Orderer is a consumer, UMASAN bears the shipping risk. If the Orderer is a company, all shipping risks are transferred to the Orderer, when the product is handed over to the transport company. Delivery dates are only binding, if UMASAN confirms them in writing.§ 4 Retention of title
Delivered product(s) remain the property of UMASAN until receipt of the full purchase price by UMASAN. The Orderer can offset claims arising from this contract only against undisputed or legally determined claims.§ 5 Right of revocation and Instructions on the right of revocation
Instruction on the right of revocationRight of revocation
If you are a customer, you may revocate your contractual statement in text form (e.g. letter, fax, email) within 14 days without stating any reasons or – if the product has been sent to you before the expiry of this period – by sending back the product.
The revocation period begins upon receipt of these instructions in text form, however not before receipt of the product by the customer (in case of recurring deliveries of products of the same kind not before the day on which the first part delivery reaches the receiver) and also not before we have performed our information duties according to article 246 § 2 in conjunction with section 1, subsections 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties under section 312 e, subsection 1, first sentence of the German Civil Code (BGB) in conjunction with article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB).
To meet the revocation deadline it is sufficient to dispatch the declaration of revocation or the received products in time.
The revocation is to be addressed to:
A & S Umann GmbH
Linienstraße 40
10119 Berlin
Fax: +49 (0)3212 205.19.78
E-Mail: return@umasan-world.de
Consequences of revocation
In the event of a valid revocation, the mutually received services and any benefit thereof (such as interest) have to be returned. If you are unable to return the received service either in part or in full, or only in deteriorated condition, you may be obliged to pay compensation for lost value. Regarding the delivery of products, this does not apply, if the deterioration of the product is exclusively due to it having been inspected by you, as you might have done in a shop. Apart from that, you may avoid the obligation to pay compensation for lost value due to any deterioration caused by the use of the product in accordance with its purpose, by not using the product like your own property and refraining from doing anything that impairs its value.
Products that can be sent by parcel post are to be returned at our risk. You bear the cost of the return, if the delivered product corresponds to the ordered product and if the purchase price of the product which you return does not exceed 40 Euros or, in the event of a higher product price, if you have not yet paid the full consideration or a contractually agreed part payment at the time of revocation. Otherwise the return is free of charge for you. Products that cannot be sent by parcel post will be picked up from you. Obligations to refund payments have to be fulfilled within 30 days. The term begins for you upon the sending of your declaration of revocation or dispatch of the product, and for us upon its receipt.
End of the instructions on the right of revocation
§ 6 Warranty
UMASAN warrants, that at the time of transfer the product has all agreed conditions and does not have any defects. In contracts with companies, product qualities referred to in the description on the Online Store, in the identification and advertisement, are only an agreed condition, if explicitly guaranteed during the order, confirmed by UMASAN in writing or marked in the confirmation notice.§ 7 Liability
7.1 UMASAN shall only be liable for willful intent or gross negligence. UMASAN shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of a product, as far as there is no maliciously concealed defect, default or impossibility. In case of slightly negligent violation of essential duties, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. The liability according to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.7.2 Liability for subsequent damage, for instance loss of earnings and similar indirect damage and compensation for useless expenditures is excluded. As far as UMASAN's liability is excluded or limited, the same applies for the personal liability of UMASAN's employees, representatives and agents.
7.3 Under the current state of technology data transfer via open networks such as the Internet cannot be completely guaranteed to be available any time and error-free. UMASAN does not ensure constant availability of its Online Store.
§ 8 Consumer Information in distance contracts concerning the sale of goods
8.1 The Orderer may print the wording of the contract or save the website on his computer. The wording of the contract will also be saved by UMASAN.8.2 Subsequent to his order, the Orderer receives an email with further information concerning the execution of the contract.
8.3 The Orderer may submit complaints and warranty claims at the address indicated about the host of the Website. Information concerning payment, delivery or performance can be found on the Online Store.
§ 9 Data Protection
9.1 UMASAN undertakes to handle all personal Orderer data (name, address, email, telephone number, bank details, credit card details) in strict confidence according to statutory provisions and to collect, process, store and use the data only for the purpose of executing the agreement, unless Orderer expressly consents to other uses. The data are collected, used and processed electronically. A separate Datenschutzerklärung (Data Privacy Statement) states more detailed information.9.2 The Orderer consents explicitly to the collection, use and processing of his or her personal data.
9.3 By selecting "Order Newsletter" the Orderer expressly agrees that his or her address and E-Mail may be used for occasional information via UMASAN's newsletter. The consent may be withdrawn by informal report at any time.
§ 10 Final Provisions
10.1 German Law shall apply for these Conditions and all legal relations between the Orderer and UMASAN. The provisions of the German Conflict of Laws and the International Sale of Goods shall not apply. If the Orderer is a consumer, the legal provisions and rights in the country of the Orderer remain unaffected.10.2 Jurisdiction over any disputes arising in connection with UMASAN shall lie with the courts in Berlin, Germany, as far as legally admissible.
10.3 Should individual provisions hereof shall be or become void or incomplete, the validity of the remaining provisions hereof shall in no way be affected. The parties will undertake to replace the invalid provision in mutual consent by a valid provision, which approximates the economic purpose of the invalid provision as closely as possible. The same shall apply if the provisions are found to be incomplete.
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© umasan . a&S UMAnn GmbH . Linienstrasse 40 . 10119 Berlin / Germany
webdesign & programming
