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STANDARD BUSINESS TERMS for UNTAMED®

A. Applicability of the Standard Business Terms (SBT)

1. All deliveries, services and offers from UNTAMED® (hereinafter: UNTAMED®) are made exclusively on the basis of these Business Terms unless the parties expressly reach a different agreement in writing.  The Standard Business Terms below always apply in the version that is applicable at the time of ordering.

1.1 Contract terms set by the customer or by a third party do not become part of the contract even if UNTAMED® does not contradict those terms.

 

2. Name and address of the company:

UNTAMED®, Eric T. Mielke - Kanalstr. 75 - ST links, 22085 Hamburg, Germany

 

3. Contracting

Presentation of products in the Online Shop does not constitute a legally binding offer but only a non-binding E-catalogue. By clicking on the "Order" button you place a binding order for the merchandise contained in the shopping basket.

Confirmation of receipt of your order occurs together with acceptance of the order by means of an automatic email immediately after the order is sent. With that email confirmation a purchase contract has come about.

 

4. Price information

4.1 The prices given refer to the items published on the internet, taking the particular description into account.

4.2 The prices are final prices, i.e. they include applicable VAT (value-added tax).

4.3 The values given for merchandise refer only to products from the Online Store of the company UNTAMED®.

4.4 The following shipping costs apply to shipping: 

For all products that fit into Standard DHL Delivery boxes: National € 6,90, european orders 15€, international non- EU 20- 25€

For all products that require cargo shipping / intern. freight shipping: National €100,  EU 250,00, INT non EU based on qoutation. 

 

5. Import regulations

5.1 Please take the regulations for imports to your country into account and inform us of any eventual peculiarities in import regulations.

5.2 For deliveries to non-EU countries additional customs duties and fees are incurred. You will find further information at

http://ec.europa/taxation_customs/dds/cgi-bin/tarchap?Lang=EN  and for information on German import VAT at http://auskunft.ezt-online.de/ezto/Welcome.do

and for information relating to Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do

 

6. Payment

6.1 All purchase prices are immediately payable with the order. Debiting of our credit card account occurs when the order process is completed.

6.2 The following payment options are available to the customer, regardless of where he resides:

Cheque / Prepayment, COD, iPayment-credit card payment (Mastercard / Eurocard, Visa and American Express) and PayPal.

 

7. Arrears

7.1 If the customer goes into arrears with payment of debts due, UNTAMED® is entitled to charge statutory late payment interest. This does not exclude a claim for high late payment damages.

 

8. Objections and setoff

8.1 Objections to the amount of an invoice from UNTAMED® must be made in writing within 14 days receipt of the invoice enclosed with the merchandise. Statutory claims that may also be asserted after that deadline will not be impaired by it.

8.2 A customer setoff with claims on UNTAMED® under this contract is only possible with undisputed claims or definitively adjudicated claims. The customer may only assert a right of retention if he has complied in timely fashion with his payment obligations.

 

9. Retained title

The merchandise remains the property of UNTAMED® up through complete and permanent payment of the purchase price.

For the duration of retained title the customer is entitled to possession and contractually proper use of the purchase item provided he complies in timely fashion with his payment obligations.

 

10. Liability and warranty

10.1 Warranty and liability are determined on the basis of statutory regulations, in particular sections 434 ff. of the Civil Code, unless the regulations below stipulate otherwise.

10.2 Complaints relating to the scope of delivery, physical flaws, wrong deliveries and quantity discrepancies must be made in writing, where this can be determined by reasonable examination, immediately upon receipt of the merchandise. Recognisably damaged packaging must be immediately complained of to the delivery service upon receipt.

10.3 UNTAMED® is liable for deliberate intent and gross negligence. For minor negligence UNTAMED® is only liable for breaches of an essential contractual obligation (obligatio cardinalis) as well as damages from injury to life, limb or health. The liability disclaimer does not apply to the guaranteed nature of physical items.

10.4 In cases not relating to damages from injury to life, limb or health or to the guaranteed nature of physical items, liability in case of minor negligence is quantitatively limited to the amount of the foreseeable damages whose occurrence must typically be expected.

10.5 The regulations of the Product Liability Act remain unaffected.

  

11. Address for complaints

Complaints arising under this contract must be addressed to:

UNTAMED®, Kanalstr. 75- ST links, 22085 Hamburg, Germany

 

12. Fulfilment proviso

12.1 UNTAMED® reserves the right, in case of product changes, unavailability of merchandise or late delivery by the manufacturer, to provide fulfilment that is equivalent in quality and price or, where this is not possible, to decline fulfilment.

12.2 In cases referred to 12.1 UNTAMED® will immediately inform the customer about unavailability or late delivery.

12.3 In the event that UNTAMED® withdraws from the contract in accordance with 12.1, UNTAMED® will immediately refund the customer's payment.

 

13. Statute of limitations

The statute of limitations is governed by statutory regulations.

 

14. Requirement of written form Contract amendments and ancillary understandings must be in written form to have legal effect.

The requirement of written form also applies to any waiver of the requirement of written form.

 

15. Address for service of legal documents UNTAMED® address for service of legal documents is:

UNTAMED®, Kanalstr. 75- ST links, 22085 Hamburg, Germany

 

16. Notice on the right to return

16.1 Notice on the right to return

You may return the merchandise you received without giving any reasons within 365 days by sending the merchandise back.  The period begins to run after receiving this notice in written form (e.g. letter, fax, email) but not prior to receipt of the merchandise by the recipient (in the case of recurrent delivery of identical merchandise not before the arrival of the first partial delivery) and not prior to fulfilment of our information obligations under article 246, section 2 in conjunction with section 1, paragraphs 1 and 2 of the Act to Introduce the Civil Code as well as of our obligations under section 312e, paragraph 1, sentence 1 of the Civil Code in conjunction with article 246, section 3 of the Act to Introduce the Civil Code. For merchandise that cannot be sent by parcel (e.g. bulky items) only, you are allowed to declare return by demanding repossession as well. To meet the deadline it will suffice that the merchandise is sent or repossession is demanded on time. In any case, customer is responsible for shipping costs at own expense and risk. Return shipment or demand for repossession must be sent to; the merchandise must be returned to:

 

UNTAMED®, Kanalstr. 75- ST links, 22085 Hamburg, Germany.

 

In case of demand for repossession the merchandise will be picked up at your address.

16.2 Consequences of return

In the event of valid return, the mutually exchanged performance must be returned and any eventually derived benefits (e.g. advantages of use) must be surrendered. In case of deterioration of the merchandise value replacement may be demanded. This does not apply if the deterioration of the merchandise is exclusively due to its being tested, as would have been possible for you in your store premises. Otherwise, you can avoid the obligation to replace the value for deterioration caused by properly putting the item to use if you do not put the merchandise to use as your property and abstain from anything that would impair its value. Obligations to refund payments must be fulfilled within 30 days. The deadline begins to run for you upon dispatch of the merchandise or upon demand for repossession, and for us upon its receipt.

16.3 Processing of returns

Here, again, is a request: Do not send us the parcels without postage.

Such parcels cause increased delivery costs which in turn result in increased shipping costs for everyone.

 

17. Final provisions

17.1 For all disputes arising under or out of this contract, the courts of Hamburg are agreed as the venue for legal action.

17.2 German law applies with the provisions of the UN Convention on Contracts for the International Sale of Goods barred.

17.3 Should clauses of this contract be without legal effect or lose their legal effect the contract will otherwise remain in force. The clause without legal effect will be replaced by a regulation of the matter most closely approximating the intention of the contracting parties.

 

18. Working hours

18.1 Our mail order and customer service team is available to you at: fon +49 (0)40 2269 7319 and service@untamed-online.com

 

19. Data privacy

If you have granted your consent to doing so when registering, UNTAMED® will use the personal data you provided for purposes of market research

as well as for individualised production and mailing of selected information (advertising) by post or email.

 

You may at any time revoke your consent in relation to UNTAMED®, Kanalstr. 75- ST links, 22085 Hamburg.

If you have not granted your consent or if you have revoked it, there will be no use made of the data as indicated in the paragraphs above. 

 

Any possibility for partner companies or third parties to identify you is excluded.

Service and order hotline: + 49 (0)40 2269 7319 - we are happy to call back!

 

Thank you for choosing UNTAMED®!