(GTCT)

General terms and conditions of trade of UniCaps GmbH
(Status as per May 2019)

1. Scope

The following general terms and conditions of trade ("GTCT") apply to all agreements between UniCaps GmbH, Im Technologiepark 6, 15236 Frankfurt/Oder ("UniCaps") and the Buyer ("Customer") relating to the sale and/or delivery of movables ("Goods").

2. Registration

Natural persons of legal age and legal persons may register at UniCaps. Legal entities must be represented during the registration by a person authorized to represent individuals who have come of age.

The customer is obliged to provide complete and correct data during the registration process. If the data is modified after the registration is completed, the customer is obliged to notify UniCaps immediately in order to correct the data.

A personal password chosen by the customer during registration is confidential and should not be made available to third parties. The customer is responsible for all activities undertaken under his password on website www.my-cups.de ("Internet usage").

3. Contract conclusion

By clicking on the "Buy now" button, the customer can place an order in the shopping cart. UniCaps immediately sends the customer an order confirmation e-mail ("order confirmation"). The order confirmation does not mean that the order has been accepted for processing.

The contract is concluded when Uni Caps confirms that the order has been accepted for processing. A confirmation of an order accepted for processing is sent in a separate e-mail in the form of an order confirmation or a dispatch confirmation within five “business days” (Mon. - Fri., with the exception of public holidays) at the latest from the moment the order is received from the customer. If the customer does not receive a confirmation from UniCaps that the order has been accepted for processing within five working days of an order receipt confirmation, the order has not been accepted; the contract is not concluded. Any costs incurred by the customer will be reimbursed to the customer immediately, within ten working days of the payment being credited to UniCaps’s account at the latest.

4. Right of withdrawal

If the customer is a natural person who concludes a transaction for a purpose which is not related to either a business or an independent professional activity (consumer), then according to § 312g in conjunction with § 355 of the German Civil Code (BGB), the customer has the right of withdrawal as follows.

Instruction on the right of withdrawal

You have the right to withdraw from the contract within fourteen days without providing reasons.

The period of withdrawal from the sale and purchase agreement is fourteen days from the date of entry of the goods into your possession or the possession of a third party other than a carrier, authorised by you.

In the case of a contract for the procurement of several goods which have been dispatched individually, the withdrawal period shall be fourteen days from the date on which you or a third party other than a carrier, authorised by you came into possession of the last good.

In the case of a contract for the supply of goods in several consignments or elements, the withdrawal period shall be fourteen days from the day on which you or a third party authorised by you acquire possession of the last partial consignment or the last element.

In the case of a contract for regular delivery of goods within the agreed period of time, the withdrawal period shall be fourteen days from the day on which you or a third party authorised by you acquires possession of the first good.

In order to exercise your right of withdrawal from the contract, you must send us (UniCaps GmbH, Im Technologiepark 6, 15236 Frankfurt/Oder, e-mail: info@my-cups.de, tel.: +49 (0) 335 228802-0, Telefax: +49 (0) 335 228802-99) a clear declaration (e.g. by mail, fax or e-mail) informing us of the decision to withdraw from the contract. You may use the following withdrawal form template below, however, this is not obligatory.

In order to comply with the withdrawal period, it is sufficient that you send the information about withdrawal before the expiry of the withdrawal period.

Implications of withdrawal

If you withdraw from this contract, we will reimburse you immediately and at the latest within fourteen days of receipt of the notice of withdrawal for all payments we have received from you, including delivery charges (except for any additional costs incurred as a result of you choosing a form of delivery other than the cheaper standard delivery offered by us). You will obtain a refund in the same form of payment originally used for the transaction, unless otherwise expressly agreed; you will not bear any costs whatsoever for the reimbursement.

You must return the goods immediately and at the latest within fourteen days from the date of notification of withdrawal to the address: UniCaps GmbH, Im Technologiepark 6, 15236 Frankfurt (Oder). The withdrawal period shall be observed if the goods are returned before the lapse of fourteen days. We will bear the cost of returning the goods.

The only costs you will bear, if any, will be borne by you to compensate for damages if it is proven that the goods were not used in accordance with their nature, intended use or characteristics.

Ende der Widerrufsbelehrung

Withdrawal form template available for download

5. Prices

Prices quoted by UniCaps include VAT.

6. Delivery and shipping costs

The customer is informed about the expected delivery time via a website featuring product details.

Deliveries are made by post or courier to the address provided by the customer when placing the order. Deliveries are made exclusively within the Federal Republic of Germany.

The following costs shall be charged to the customer in connection with packaging and shipping the goods: in these countries.

As far as the purchase of consumer goods is not concerned (§ 474 clause 1 BGB), the responsibility for the delivery until it is handed over to the customer lies with the customer.

7. Forms and conditions of payment

Unless UniCaps offers a payment method in a one-time ordering process, the customer can pay in advance by credit card, invoice, Paypal, Klarna and amazon pay.

For payments through Paypal, Klarna und amazon pay, in addition to the general terms and conditions, the general terms and conditions of the respective payment provider shall apply.

In case of payment by credit card, the customer's account is debited when the order is sent by UniCaps.

8. Return

Until the final payment is made by the customer, the goods are the property of UniCaps.

9. Rücksendung

UniCaps recommends that you use the original packaging when returning the goods.

Returns should be made to the following address:
UniCaps GmbH
Im Technologiepark 6
D-15236 Frankfurt (Oder)
Germany

10. Data protection

UniCaps collects customer data for the purpose of executing contracts and takes all necessary measures to protect the personal data provided by customers and to comply with national and European data protection regulations. The details are provided by UniCaps at this link or sent to the customer upon request.

11. Choice of law and jurisdiction

If the customer is a trader, a legal entity representing public law or a public-law special asset, Frankfurt (Oder) shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract. The same applies if there is no relevant court of jurisdiction in the country of the customer, if the customer has changed his place of residence or went abroad after conclusion of the contract or if his place of residence is unknown at the date of placing the complaint.

12. Record keeping of the contract

The content of the contract is not saved by UniCaps. It can be printed when the contract is concluded. Individual transactions can be found in the "Account" section of the website.

13. Other information

Here you will find a link to the European Commission's out-of-court dispute resolution platform (ODR Plattform). In accordance with § 36 of the German Consumer Dispute Resolution Act (VSBG), we would like to inform you that we are not obliged to participate in the dispute resolution process through consumer arbitration.

If you have any questions about these general terms and conditions, please contact us via the following e-mail address: info@unicaps.eu