General terms and conditions
• 1 Applicability, definitions of terms
• 2 Conclusion of contracts, storage of the contract text
• 3 Subject matter of the contract and essential characteristics of the products
• 4 Prices, shipping costs and delivery
• 5 Right of retention, reservation of title
• 6 Right of revocation
• 7 Liability
• 8 Contractual language
• 9 Warranty
• 10 Final Provisions / Dispute Resolution
• 1 Applicability, definitions of terms
(1) UCM.ONE GmbH, Wrangelstraße 79, 10997 Berlin, Germany (hereinafter: “we” or “UCM.ONE Shop”) operates an online shop for goods under the website https://ucm.one/en/shop. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
These terms and conditions apply exclusively to the sale of goods by us. Other terms and conditions, in particular customers’ terms and conditions, shall only apply if they have been accepted by us in writing.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
• 2 Conclusion of contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://ucm.one/en/shop.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
1. Selection of the desired goods,
2. Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag”, “Pre-order now” or similar),
3. Checking the details in the shopping cart,
4. Call up the order overview by clicking on the corresponding button (e.g.
“Proceed to checkout”, “Proceed to payment”, “Go to order overview” or similar),
5. Enter/check address and contact details, select payment method, confirm GTC, privacy policy and cancellation policy,
6. Completion of the order by pressing the “Buy now” or “Order now” button. This constitutes your binding order.
7. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In the event of conclusion of the contract, the contract is concluded with UCM.ONE GmbH, Wrangelstraße 79, 10997 Berlin, Germany.
(5) Before the order is placed, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after the order has been triggered by you, partly automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
• 3 Subject matter of the contract and essential characteristics of the products
(1) In the case of our online shop, the subject matter of the contract is:
1. The sale of goods. The actual goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
• 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping basket system and on the order overview.
In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
(4) All products offered are, if they are in stock and it is not clearly stated otherwise in the product description (e.g. in case of advance sale) immediately ready for dispatch and will be sent to the address provided by you. (Delivery time: max. 5 working days after receipt of payment). Although we make every effort to deliver within the specified period, delivery may take longer due to unforeseen events.
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Afghanistan, Albania, Algeria, American Samoa, American Virgin Islands, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Azerbaijan, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Virgin Islands, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Cayman Islands, Chile, China, Cook Islands, Costa Rica, CuraÇao, Germany, Dominica, Dominican Republic, Djibouti, Denmark, Ecuador, El Salvador, Ivory Coast, Eritrea, Estonia, Falkland Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern and Antarctic Territories, Faroe Islands, Gabon, Gambia, Georgia, Ghana, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and McDonald Islands, Honduras, Hong Kong, Iceland, India, Indonesia, Iraq, Iran, Ireland, Isle of Man, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Cambodia, Cameroon, Canada, Cape Verde, Kazakhstan, Kenya, Kyrgyzstan, Kiribati, Cocos (Keeling) Islands, Comoros, Congo-Brazzaville, Congo-Kinshasa, Croatia, Yemen, Cuba, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Morocco, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Nicaragua, Netherlands, Niger, Nigeria, Niue, North Korea, North Macedonia, Norfolk Island, Norway, Northern Mariana Islands, Oman, East Timor, Pakistan, Palestinian Territory, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto Rico, Rwanda, Romania, Russia, Réunion, São Tomé and Príncipe, Saint Barthélemy, Saint Martin (Dutch part), Saint Pierre and Miquelon, Solomon Islands, Zambia, Samoa, San Marino, Saudi Arabia, Sweden, Switzerland, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, St. Helena, St. Kitts and Kinshasa, Zimbabwe. Helena, St. Kitts and Nevis, St. Lucia, St. Martin (French part), St. Vincent and the Grenadines, Sudan, Suriname, Svalbard and Jan Mayen, Swaziland, Syria, South Africa, South Georgia / Sandwich Islands, South Korea, South Sudan, Tajikistan, Taiwan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Chad, Czech Republic, Tunisia, Turkmenistan, Turks and Caicos Islands, Tuvalu, Turkey, Uganda, Ukraine, Hungary, United States (US) Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, United Arab Emirates, United Kingdom, Vietnam, Wallis and Futuna, Christmas Island, Belarus, Western Sahara, Central African Republic, Cyprus, Egypt, Equatorial Guinea, Ethiopia, Åland, Austria.
• 5 Right of retention, reservation of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
• 6 Right of revocation
As a consumer, you have a right of withdrawal. This is ruled by our right of withdrawal.
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date,
• on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly, or
• on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has taken possession of the last goods, if you have ordered several goods as part of a uniform order and these are delivered separately, or
• on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces, or
• on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods, provided you have concluded a contract for the regular delivery of goods over a fixed period of time.
To exercise your right of withdrawal, you must contact us (UCM.ONE GmbH, Wrangelstraße 79, 10997 Berlin, Germany, telephone number: +49 30 286 506 00, e-mail address: shop-contact@ucm.one, fax number: +49 30 286 506 01) by means of a clear declaration (e.g. a letter sent by post, e-mail or fax) of your decision to revoke this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
Alternatively, you can write to us as follows:
– To
UCM.ONE GmbH, Wrangelstraße 79, 10997 Berlin, Germany, telephone number: +49 30
286 506 00, e-mail address: shop-contact@ucm.one, fax number: +49 30 286 506 01
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in the case of notification on paper)
– Date
(*) Delete as applicable.
• 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the case of injury to life, limb or health or in the case of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you may regularly rely on. This includes in particular our duty to take action and to fulfil the contractually owed performance, which is described in § 3.
• 8 Contractual language
Only German is available as the contractual language.
• 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
• 10 Protection of minors
(1) When selling goods that are subject to a required minimum age, we only enter into contractual relationships with customers who have reached the required minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you warrant that you have reached the prescribed minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you or persons authorised by you to receive the delivery who have reached the prescribed minimum age take receipt of the goods.
(3) Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown for the age check.
• 11 Final Provisions/Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) 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 provider shall be the registered office of the provider.
(4) The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Insofar as individual provisions of these GTC should be or become invalid, this shall not affect the legal validity of the remaining provisions.
(as at: December 2021)
