Terms and Conditions GP

GENERAL TERMS AND CONDITIONS OF BUSINESS

Title

Status of the General Terms and Conditions: January 2023

1. Scope

2. Contracting parties, conclusion of contract, correction options

3. Contract language, contract text storage

4. Delivery conditions

5. Payment

6. Right of withdrawal

7. Reservation of title

8. Transport damage

9. Warranty and guarantees

10. Liability

11. Redemption of gift voucher

12. Redeeming promotional vouchers

13. Dispute settlement

14. Final provisions

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with
Unger GmbH & Co. KG
Hohe-Flum-Strasse 56
D-79560 Schopfheim
Registration number HRA 670372
Register court: District Court of Freiburg i. Br.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

We will accept your offer within two days by

we will send a confirmation email in a separate email
we have the goods delivered or
if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see “Payment”).

The alternative that is relevant to you depends on which of the events listed occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German
We save the contract text and send you the order data and our general terms and conditions by email. You can view the contract text in our customer login. You can also view the general terms and conditions at any time at https://www.filament-unger.de/agb .

4. Delivery conditions

The prices stated include VAT and other price components. Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers. Shipping costs are stated separately.

Vouchers are provided to the customer as follows:

via download
by email

You generally have the option of picking up your order from Filament-Unger, Hohe-Flum-Straße 56, 79650 Schopfheim, Germany during the following business hours: Monday – Friday from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m.

5. Payment

In our shop you can generally use the following payment methods:

Klarna

Klarna invoice: When you purchase on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account for deliveries to Germany can be found here and the complete terms and conditions for purchase on account for deliveries to Austria can be found here .
Klarna Installment Purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout.
Further information on hire purchase, including the general terms and conditions and the European standard information for consumer credit, can be foundhere . Hire purchase is only available in Germany.
Klarna SOFORT Transfer

The payment options are offered as part of Klarna Checkout.
Further information and the terms of use for Klarna Checkout can be found here for Germany and here for Austria.
General information about Klarna can be found here .
Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany and Austria .

Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.

PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.

Purchase on account
Payment by invoice is only available to business customers, payment due within 10 (ten) days net from the invoice date, stating the invoice number. The goods remain our property until they have been paid for in full. The seller reserves the right to only offer the payment method of purchase by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded.

6. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.

7. Retention of title

The goods remain our property until full payment has been made.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees

9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty or malice
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is open.
Otherwise, claims for damages are excluded.

Restrictions on entrepreneurs
In relation to businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected.

Regulations for merchants
Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.

in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Redemption of gift vouchers

Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.
Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer until the expiry date.
Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
Multiple gift vouchers can be redeemed in one order.
Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
The balance of a gift voucher will not be paid out in cash and will not accrue interest.
The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.

12. Redeeming promotional vouchers

Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
Only one promotional voucher can be redeemed per order.
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop, with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.

13. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.