TERMS AND CONDITIONS

1. Scope

A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
(1.1) The following General Terms and Conditions of the provider UNDONE GmbH (hereinafter also referred to as "provider" or "we") apply exclusively to the entire business relationship between the provider and the customer (hereinafter "customer").
(1.2) All agreements made between the customer and the provider regarding the delivery of goods and services arise in particular from these General Terms and Conditions, our written order confirmation, and our acceptance declaration. Conflicting, deviating, or supplementary general terms and conditions of the customer are not recognized. For entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contract Partners, Conclusion of Contract, Correction Options

The purchase contract is concluded with UNDONE GmbH.
(2.1) Orders are non-binding and merely represent an offer of an online catalog. You can first 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 for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after sending the order.

(2.2) The contract is only concluded when we accept your order through a declaration of acceptance or by initiating the payment to us. Immediately after sending the order, you will receive another confirmation by email.
(2.3) We are bound by an order that we have expressly designated as binding for one week from the date of the order, unless another period is expressly specified in the order on the website or communicated to you by email within 3 working days (excluding Saturday).
(2.4) The acceptance of the offer is only valid if it has been confirmed by us in written - digital - form.
(2.5) We are entitled to change the time and place of delivery as well as the type of packaging at any time by written notification with a notice period of at least 2 calendar days before the agreed delivery date.
(2.6) An amendment or cancellation of the contract concluded according to our purchase confirmation is deemed accepted if the other party does not immediately object. The time when the contract with us is concluded depends on the payment method chosen by you:
PayPal
During the order process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

3. Contract Language, Storage of Contract Text

The language available for the conclusion of the contract is German.
We store the contract text and send you the order data by email. The terms and conditions to which you consent by checking a box are always available on our website.

4. Prices, Payment Terms, Invoice Details

(4.1) The price stated in our order is binding and includes VAT.
(4.2) Subsequent price changes require our express written consent.
(4.3) All order confirmations, delivery papers, and invoices must include our inquiry number, the order number (if available), the item number, delivery quantity, and delivery address. If one or more of these details are missing and this delays processing within our normal business operations, the payment periods mentioned in paragraph 3 are extended by the period of the delay.
Our prices are in euros and include the statutory VAT. Payment of the purchase price for individual orders is due immediately upon conclusion of the contract. The following payment methods are available in our shop: These may involve a credit check to ensure the smooth processing of the order.
PayPal
During the order process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your login details, and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You will receive further information during the order process.

5. Delivery Conditions

General, Scope of Application
The following sales and delivery conditions apply exclusively; conflicting or differing conditions of the customer are not recognized by us. Our conditions also apply if we carry out the delivery with knowledge of conflicting or differing conditions of the customer.
Unless otherwise specified on the product page, additional shipping costs apply to the indicated product prices. You can find out more about the shipping costs directly with the offers or under "Payment & Shipping".
Delivery and Delivery Time
(5.1.1) The scope and content of the delivery owed are set out in our order confirmation.
(5.2.1) The specified delivery time begins 4 hours after the order is placed. The fulfillment of the delivery obligation also requires the timely and proper fulfillment of the customer's obligations.
(5.3.1) Our delivery dates or delivery periods are exclusively non-binding information unless they are expressly agreed as binding between the provider and the customer.
(5.4.1) All events of force majeure, which we are not responsible for under § 276 BGB, release us from the fulfillment of the contractual obligations assumed as long as these events last.
(5.5.1) The aforementioned events also apply as performance exemption facts for the customer insofar as they occur within the customer's control and organizational area.
Delivery Delay and Acceptance
(5.1.2) If the customer is in default of acceptance or otherwise breaches cooperation obligations, we are entitled to claim the damage incurred by us, including any additional expenses. Further claims remain reserved.
(5.2.2) As soon as the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the delivery passes to the customer; however, we are obliged to properly store the delivery at the customer's expense.
Delivery and Delivery Time Entrepreneur Regulation
(5.1.3) Agreed delivery dates must be strictly adhered to. If agreed delivery dates are exceeded, the seller is in default without a reminder after a further three calendar days have passed. In the case of fixed dates, default occurs immediately after exceeding the last agreed delivery date. Early deliveries or partial deliveries are only permitted with our express written consent.
(5.2.3) If the seller is in default of delivery, we are entitled to the statutory claims, including a claim for damages. We are entitled to withdraw from the contract without further notice and to claim damages in the amount of a flat rate of 10% of the net purchase price, unless the seller proves a lower or no damage or we prove higher damage.
(5.3.3) The transfer of risk occurs when the seller delivers the item to a transport person within the meaning of § 447 I BGB if he ships it to a location other than the place of performance at the buyer's request.
Delivery and Delivery Time Consumer Regulation
(5.1.4) The scope and content of the delivery owed are set out in our order confirmation.
(5.2.4) The specified delivery time begins after all technical questions have been clarified. The fulfillment of the delivery obligation also requires the timely and proper fulfillment of the customer's obligations.
(5.3.4) The risk of deterioration or loss of the goods passes to the buyer as soon as the goods are handed over to the transport service provider (in accordance with § 447 I BGB).
(5.3.5) In the event of an unclear loss of the goods (e.g., according to tracking information delivered), the customer is obliged to fulfill their cooperation obligations and to carry out all steps required by the company in the search for the shipment.

6. Retention of Title

The goods remain our property until full payment is made.
For entrepreneurs, the extended retention of title applies (within the meaning of § 449 BGB): We retain ownership of the goods until full settlement of all claims from an ongoing business relationship. You may resell the goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance, in the amount of the invoice value, regardless of the combination or mixing of the goods with a new item, 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.
(6.1) The customer is obliged to inspect the deliveries immediately in accordance with § 377 HGB and to make any complaints about defects.
(6.2) Paragraph (1) also applies to excess and short deliveries as well as any incorrect deliveries.
(6.3) If a defect exists and is detected in time, we are entitled, at our discretion, within a reasonable period, to rectify the defect or to deliver a defect-free item. The expenses required for rectification will be borne by us. If rectification fails or is unreasonable for the customer, the customer is entitled to withdraw from the contract, provided there is a significant breach of duty, or to demand a reduction in the price (reduction).
(6.4) Goods can only be returned after consultation with us. Please contact our customer service within 48 hours after delivery. If delivery occurs on weekends, the damage report must be received by us by the following Tuesday at 12 noon.
(6.5) If we have given a guarantee for the quality of an item, we are liable according to the statutory provisions.

7. Transport Damage

For consumers: If goods are delivered with obvious transport damage,

 please complain about such defects immediately to the delivery agent and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory warranty rights apply.
The limitation period for claims for defects is one year from the delivery of the goods for used items.
The above restrictions and shortened periods do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents
- in the event of injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty as well as fraud,
- in case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer Service: You can reach our customer service for questions, complaints, and objections on weekdays from 10 a.m. to 5 p.m. by email at hello@itsundone.com and by phone at +49 (0) 40 537983810.

9. Liability

We are always fully liable for claims due to damages caused by us, our legal representatives, or vicarious agents
- in the event 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 opened.
In the event of a breach of essential contractual obligations, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies (cardinal obligations), through slight negligence by us, our legal representatives, or vicarious agents, the liability is limited to the foreseeable damage at the time of the contract conclusion that is typically expected. Otherwise, claims for damages are excluded.

10. Revocation

Provisions on revocation are contained in the revocation instruction.

11. Electronic Communication

You agree that contract-related communication may take place in electronic form.

12. Code of Conduct

We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

13. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Data Protection

Provisions on data protection are contained in the privacy policy.

15. Disclaimer for External Links

Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, permanent content control of the linked pages is not reasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will remove such links immediately.

16. Severability Clause

If individual parts of the contract prove to be invalid, the statutory legal consequences apply. However, if this results in unreasonable hardship for individual parties, the contract shall be invalid under § 306 para. 3 BGB.
Status: 29.06.2022