GENERAL TERMS AND CONDITIONS
§1 GENERAL – SCOPE
- These terms and conditions are effective for all present and future business relations with Universe-CFC & Co. KG.
- ’User’ is defined in these terms and conditions as every natural person who completes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent, professional activity. A businessperson is, in this sense of these terms and conditions, a natural or legal person or a legally-responsible business partnership which acts, at completion of legal business, in line with your commercial or independent occupational activity. For the purposes of these terms and conditions, ‘customers’ are both consumers and businesspeople.
- Varying, contradictory or additional general terms and conditions won′t be a component of the contract, even if the user is aware of these conditions, unless its validity is consented to in written form.
§2 YOUTH PROTECTION
We indicate that the delivery of alcoholic beverages is prohibited to people under 18.
The purchaser assures that he, at the time of the order of alcoholic beverages from the offer of Universe-CFC & Co. KG., is 18 years old.
§3 CONCLUSION OF CONTRACT
- The offers of Universe-CFC UG & Co. KG are non-binding.
- By placing an order of goods, the customer declares his intent to acquire the goods. Universe-CFC UG & Co. KG. is justified in accepting the contractual offer included in the order up to two weeks after the order has been placed. Order confirmation can either be granted in writing or through delivering the requested goods.
- If the consumer orders the goods electronically, Universe-CFC UG & Co. KG. will immediately confirm the order upon receipt. The confirmation of receipt does not mean a binding acceptance of the order. However, the confirmation of receipt can already be connected with the declaration of acceptance.
- We reserve the right to the conclusion of the contract taking place with the correct and timely self-delivery through the supplier of Universe-CFC UG& CO. KG and is therefore non-binding according to availability. This applies only in the case of non-delivery to Universe-CFC & Co. KG, especially in the case of a congruent cover transaction by a supplier of Universe-CFC UG & Co. KG will be informed immediately about the non-availability of the goods for delivery. The return will immediately be refunded.
- If the consumer of the goods orders electronically, the contract text of Universe-CFC UG & Co. KG will be saved and sent via e-mail or telefax according to preference and the given terms and conditions.
§4 RETENTION OF TITLE
- In case of contracts with consumers, Universe-CFC UG & Co. KG retains the ownership of the goods until the full payment is completed. In case of contracts with companies, Universe-CFC & Co. KG retains the ownership of the goods until the complete payment has been processed.
- In case of contracts with companies, the company is obligated to treat the goods carefully until ownership is passed on to the users or subcontractors. They are especially obligated to insure goods sufficiently against theft, fire damage and water damage to a reinstatement value at their own risk. In the event that maintenance work and inspection work have to be conducted on the purchased item, the customer has to carry this out and cover the costs.
- The customer is obligated to inform Universe-CFC UG & Co. KG immediately if an access to the goods by a third party takes place in case of an seizure of goods, as well as if there is possible damage or the destruction of the goods.
- Universe-CFC is entitled to withdraw and demand the goods in case the situation is contrary to the agreement with the customer, especially in case of payment violation or the breaking of an obligation according to numbers 2 and 3 of these regulations. Further claims remain hereby untouched.
§5 RIGHT OF REVOCATION
You retain the right to withdraw from this contract within fourteen days without reason. The withdrawal period starts on the day on which you or a third party named by you takes possession of the goods.
To carry out your right of revocation, you have to inform us (Universe-CFC & Co. KG, holders Jeannine Gräfin von Thun und Hohenstein Veit and Cheyenne Gräfin von Thun und Hohenstein Veit, Bleibtreustraße 32, 10707 Berlin,e-mail: info@sin-with-mind.com ) about your decision.
You can transmit a clear declaration via e-mail. If you choose this option, we will immediately send you (for example via e-mail) a confirmation of the receipt of such revocations. For the protection of the right of revocation, it is enough to send the notification about exercising your right of revocation before the right of revocation expires.
Consequences Of The Revocation
If you revoke this contract, we have to immediately pay back all of the payments which we have received from you, including the delivery costs (with the exception of additional costs, which result when you choose the cheaper standard delivery, which is not offered by us, but by a third party) within fourteen days from the date on which we have received your notification about withdrawing from the contract. For this repayment, we use the same method of payment which you used in the original transaction, unless something else has been explicitly arranged with you. In no case will we charge you for this repayment. We can refuse the repayment until we have received the goods back or until you have rendered the evidence that you have sent back the goods, depending on which occurs earlier.
You have to immediately and, in every case, send us or hand over the goods to Universe-CFC UG & Co. KG, Bleibtreustraße 32 10707 Berlin within fourteen days from the day on which you have informed us about your withdrawal. The period is kept if you send the goods before the expiration of the fourteen-day period. You carry the immediate costs of returning the goods. You only have to pay for a possible loss of value of the goods if the loss of value upon an examination of quality, characteristics and the operation of the goods is not necessarily due to your actions.
To carry out your right of revocation, you have to inform us (Universe-CFC & Co. KG, holders Jeannine Gräfin von Thun und Hohenstein Veit and Cheyenne Gräfin von Thun und Hohenstein Veit, Bleibtreustraße 32, 10707 Berlin,e-mail: info@sin-with-mind.com ) about your decision.
You can transmit a clear declaration via e-mail. If you choose this option, we will immediately send you (for example via e-mail) a confirmation of the receipt of such revocations. For the protection of the right of revocation, it is enough to send the notification about exercising your right of revocation before the right of revocation expires.
Consequences Of The Revocation
If you revoke this contract, we have to immediately pay back all of the payments which we have received from you, including the delivery costs (with the exception of additional costs, which result when you choose the cheaper standard delivery, which is not offered by us, but by a third party) within fourteen days from the date on which we have received your notification about withdrawing from the contract. For this repayment, we use the same method of payment which you used in the original transaction, unless something else has been explicitly arranged with you. In no case will we charge you for this repayment. We can refuse the repayment until we have received the goods back or until you have rendered the evidence that you have sent back the goods, depending on which occurs earlier.
You have to immediately and, in every case, send us or hand over the goods to Universe-CFC UG & Co. KG, Bleibtreustraße 32 10707 Berlin within fourteen days from the day on which you have informed us about your withdrawal. The period is kept if you send the goods before the expiration of the fourteen-day period. You carry the immediate costs of returning the goods. You only have to pay for a possible loss of value of the goods if the loss of value upon an examination of quality, characteristics and the operation of the goods is not necessarily due to your actions.
§6 REMUNERATION
- The purchase price of the goods is in euros (EUR, €) and counts per bottle.
- In case of long-distance contracts according to § 312 b BGB (especially in case of online sales, fax, e-mail), the payment only takes place by payment in advance or PayPal.
- The offered purchase price is binding. The purchase price includes legal sales tax.
- The customer possesses the right to offset costs from the purchase price only if his counterclaims are determined undisputed or legally binding.
§ 7 PASSING OF RISK, OBLIGATION TO NOTIFY, TAKEOVER OF THE DELIVERY COSTS
- In case of long-distance sales contracts according to § 312 b BGB (especially in case of online sales, fax, e-mail) with companies, the place of fulfilment is the registered office of Universe-CFC UG & Co. KG, Bleibtreustraße 32, 10707 Berlin. The provision of § 447 BGB applies. In case of contracts with consumers, the legal regulations apply.
- Outside long-distance sales contracts, the risk of accidental transfer and accidental degradation passes to the customer with the kerbside handover of the item, which means that the goods have been delivered to the door of the address. The customer has to take care of professional transport to the final destination by themselves. Universe-CFC UG & Co. KG does not take any responsibility for eventual personal assistance with this transport, unless either an intentional, rough or negligent breach of duty exists, or damage or injury to life, body or health occurs. Customers accept the delivery by default if the customer does not take the goods in person on the arranged delivery dates, yet the goods are still delivered to their door.
- You have to bear the costs of the return if the delivered goods comply with the order and the price of the returned goods does not exceed 40€, or in the case of goods worth above 40€ where, at the point of ordering the return, the customer has not yet paid for the product, whether in full or via a contractual part-payment. Otherwise, the return is free of charge for you.
§ 8 GUARANTEE
- If the buyer is a businessperson, Universe-CFC & Co. KG provides for defective goods first of all through repair or replacement at our own discretion.
- If the buyer is a consumer, the legal regulations apply.
- Businesspeople have to alert us to obvious defects in writing within two weeks from the time of receiving the goods. If the businessperson does not notify us, the goods are regarded as approved of, unless it involves a defect which was unrecognizable at investigation. If such a defect is shown later, the notification has to be made immediately right after discovery, otherwise the goods count as approved of, even taking the defect into consideration. Apart from that, we refer to § 377 HGB. The businessperson meets the burden of proof for the existence of the defect, for the time taken to determine the defect as well as the punctuality of the complaint.
- If the customer chooses to withdraw from the contract due to legal deficiencies or material defect after an unsuccessful subsequent performance, the customer is not entitled to claim for damages due to defects. This does not apply in case of malice of Universe-CFC & Co. KG as well as in case of damages to life, the body or health which are based on a negligent breach of duty by Universe-CFC UG & Co. KG or an intentional or negligent breach of duty by a legal representative or subcontractor of Universe-CFC UG & Co. KG. If the customer chooses compensation after unsuccessful subsequent delivery, the goods stay with the customer if this is reasonable for him/her. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if Universe-CFC UG & Co. KG inducted the breach of contract maliciously.
- For businesspeople, the warranty period is six months from the time of the delivery of the new goods. In the case of used items, the consumer´s limitation period is six months from handover of the goods.
- If the buyer is a businessperson, the manufacturer’s product description is generally the greatest marker for the quality of the goods as agreed. Public statements, promotions or advertising by the manufacturer don´t represent contractual quality of the goods.
- The customer does not receive warranties in a legal sense through Universe-CFC & Co. KG. The manufacturer’s warranty remains unaffected.
- The colours of the depicted products on the internet can differ from the original for various reasons. The depicted labels are to be seen as an exemplary sample.
§ 9 LIMITATION OF LIABILITY/LIMITATION PERIOD
- In case of slightly negligent breaches of duty, the liability of Universe-CFC UG & Co. KG limits such breaches to typical, immediate and average damage depending on the product type. This also applies in case of slightly negligent breaches of duties by legal representatives or vicarious agents of Universe-CFC. Universe-CFC UG & Co. KG is not liable towards companies in case of slightly negligent breaches of duty of insignificant contractual obligations.
- The preceding limitation of liability does not affect the claims of the customer to product liability. Moreover, the limitation of liability does not count in case of damages from the violation of life, the body or health, which depend on a negligent breach of duty by Universe-CFC UG & Co. KG or an intentional or negligent breach of duty of a legal representative or vicarious agent of Universe-CFC UG & Co. KG.
§ 10 ORDERING VIA E-MAIL OR BY TELEPHONE
- You can gladly order over the phone or via e-mail. Due to the additional costs, we charge a service fee of 5 €.
§ 11 FINAL PROVISIONS/COURT OF JURISDICTION
- The law of the Federal Republic of Germany applies excluding the UN-purchase right (CISG). The UN-purchase right´s regulations do not apply.
- If the customer is a businessperson, a legal person of public law or public-legal special asset, the exclusive place of jurisdiction for all conflicts from this contract is the registered office of Universe-CFC UG & Co. KG. The same applies if the customer does not have a general place of jurisdiction or a residence in Germany, or the usual place of residence at the time of the action taken is unknown.
- If individual regulations in this contract are totally or partially invalid or become invalid, the validity of the remaining regulations hereby won′t be affected. The totally or partially-invalid regulations will be replaced with a new regulation, which preferably parallels the economic success of the invalid one. This also applies for any additions.