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Terms and Conditions

All contracts included within the validity of these terms and conditions shall be subject to the statutory warranty. Also, the following individual warranty provisions are in effect:

§1. SCOPE

1.1 For the entire business relationship between the YUNIQU UG (here in after also "provider" or "we") and the customer (here in after referred to as "customer"), the following terms and conditions (here in after also "terms and conditions") of the provider apply exclusively

1.2 All agreements concluded between the customer and the provider regarding the delivery of goods result in within the guidelines of these general terms and conditions, our written order confirmation and our declaration of acceptance. Different, deviating or supplementary general terms and conditions of the customer are not recognized.

§2. CONCLUSION OF CONTRACT, NON-BINDING INFORMATION, DISTRIBUTION TERMS

2.1 All information about our goods and prices are non-binding.

2.2 Our offer is directed exclusively to end consumers in Germany. The ordered goods or the ordered coupon is not intended for resale. Therefore, only orders in household quantities are accepted.

2.3 By completing and confirming the order form provided by the supplier, the customer can make a binding offer to conclude a contract for the continued delivery of goods.

2.4 All customer information in the ordering process must be up-to-date and truthful. The customer password may not be disclosed to third parties and must be kept inaccessible to unauthorized persons. Any loss or disclosure must be reported to the provider in text form without delay. The customer is liable for misuse, for example in the case of orders with his customer password by third parties in accordance with the statutory provisions.

2.5 The provider grants the customer the access of the order form immediately by electronic means. This confirmation of receipt does not constitute a binding acceptance of the order.

2.6 The provider can accept this offer either expressly by sending a binding declaration of acceptance or by sending the ordered goods or debiting the purchase price. Until this time, the provider can refuse acceptance at any time without stating reasons. Only with the acceptance of the offer by the offerer a contract between the customer and the offerer is effectively closed.

§3. NOTICE OF THE CUSTOMER'S LEGAL RIGHT OF WITHDRAWAL

The legal right of withdrawal applies. The provider hereby informs the customer about the instruction on the legal right of withdrawal for consumers, which is below, after the end of the terms and conditions.​

§4. CONTRACT TERM, TERMINATION AND CONTRACT EXTENSION §3. NOTICE OF THE CUSTOMER'S LEGAL RIGHT OF WITHDRAWAL

4.1 In the case of offers that differfrom fixed terms (gift offers), the contract initially runs over the booked term. If the agreement is not terminated with a notice period of 21 days to the following calendar month, this is automatically extended by one calendar month.

4.2 With our various offers (monthly offers, 3 month offers, 6 month offers and 12 month offers) the subscription will be continued over the minimum use period booked by the user. After that, the subscription will be extended by 1 month as though it were the intent of the user not to terminate their contact with YUNIQU. The notice period is three weeks to the end of each month of the last package and requires notification through our termination function in the user account or the text form found on our website.

§5. DELIVERY, DELIVERY DATE, DELIVERY REQUIREMENTS, PARTIAL DELIVERY, OWNERSHIP

5.1 The provider reserves the right to deliver only after full payment by the customer. There is no entitlement to prior delivery.

5.2 Our delivery dates or delivery periods are to be considered non-binding unless these are expressed as binding and agreed upon by both the supplier and the customer. 

5.3 We deliver exclusively to Germany, Austria and Switzerland to valid recipient addresses from our headquarters situated in Germany. If the purchase is to be made by means of a voucher, gift code or coupon, the purchase and delivery details will be conducted per email.

5.4 The provider is entitled at any time to partial delivery and partial performance if this is seen as reasonable for the customer.

5.5 If we do not make use of our right of retention under paragraph 1 and arrange for the delivery before full payment, we reserve the ownership of the purchased item until we receive a full refund of the purchase price.

§ 6. PRICES AND SHIPPING COSTS, PAYMENT, PAYMENT, SET-OFF, RETENTION

6.1 All prices include the applicable value added tax, packaging costs and shipping costs within Germany.

6.2 The purchase price stipulated by the supplier is due irrespective of the statutory right to withdraw on the first calendar day of the following month.

6.3 For the payment, the customer only has the payment terms agreed and specified in the order.

6.4 The customer is only entitled to compensation if their claims have been legally established or are undisputed by the supplier. The customer is only authorized to exercise their right of reduction or retention to the extent that their claim is based on the same contractual relationship.​

§ 7. RIGHTS BY DEFECTS, DAMAGES

7.1 In the case of delivered goods that do not meet the quality agreed upon between the supplier and the customer,or if they are not suitable for the purpose or use generally required by the contractor, or if they do not have the characteristics that a customer could and should expect after statements we have made publicly, then as the provider, we areobliged to supplementary performance by means of correcting any potential mistakes. This does not apply if the provider is entitled to refuse subsequent return due to the statutory provisions. The customer must grant the supplier a reasonable period for supplementary performance.

7.2 The subsequent fulfillment shall be at the customer's discretion by removal of the defect or through the delivery of new goods. The customer is not entitled to demand any further reductions in purchase price or the termination of their contract during this time period. If the provider has tried to remedy performance twice in vain, then this is considered a failure. If all attempts at resolving the situation have failed, then the customer is within their right, to request a reduction of purchase price or to withdraw from the contract.

7.3 The customer can only assert claims for damages due to a defect by the following paragraphs if the supplementary performance according to the preceding paragraph 2 has failed. The right of the customer to assert further claims for damages under the following conditions remains unaffected.

7.4 The provider is liable without limitation by the statutory provisions for injury to life, limb or health, which is based on a culpable breach of duty by the provider, his legal representatives or his vicarious agents.

7.5 The supplier is also liable for guarantee cases of quality and/or durability, provided they have stated this concerning the delivered goods. If damage occurs, that is covered by the guaranteed quality or durability clause by the supplier, but the damage is not immediately to the goods supplied, then the provider is only liable for this, if it is evident the durability guarantee covers the risk of such damage.

7.6 should a loss be based on the simple negligent breach of a material contractual obligation, i.e., an obligation, the fulfillment of which is the proper execution of the contract.

7.7 Further liability claims of the customer against the provider do not exist regardless of the legal nature of the customer's complaints against the provider. This does not affect the liability of the provider according to paragraph 3 above.

7.8 The European Commission provides a platform for online dispute resolution (OS). The platform can be found at http://ec.europa.eu/consumers/odr/

§8. DATA PROTECTION

About data protection, the provider's privacy policy is explicitly referred to.​

§ 9. CHANGE OF TERMS

If the execution of the contract is made considerably more difficult or impossible, resulting in a change in case law or the relevant legal provisions, a loophole in the GTC becomes clear, or a significant disturbance of the balance between performance and consideration arises, the provider retains the Right to change these terms and conditions with effect for the future according to the following procedure:
a) For the changes to take effect, the customer's consent is required.
b) To this end, the provider shall notify the intended changes in writing to the customer two months before the planned changes take effect.
c) The customer is granted the right to object to the proposed changes within one month.
d) If they do not do so, this shall be deemed as acceptance of the proposed changes. It is explicitly stated that silence of the customer within the opposition period is considered as approval.
e) If the customer objects to the change, both parties have the option of termination under § 4 (2), with the exception that this also applies to contracts with a fixed term or a certain number of agreed deliveries (§ 4 (1) sentence 1) applies.

§10. APPLICABLE LAW

German law applies exclusively, excluding the UN convention on contacts for the international sale of goods.

REVOCATION

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods. To exercise your right of withdrawal, you must notify us using a clear statement (such as a letter sent by post or e-mail) of your decision to withdraw from this Agreement. You can use the model withdrawal form below, which is not required. (You can paste it into an e-mail and fill it with your details or print it out and send it filled out as a letter to us).

YUNIQU UG
Mörikestraße 67
70199 Stuttgart
Germany
E-Mail an happyend@yuniqu.net

By means of a clear statement (for example, a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the model withdrawal form below, which is not required. (You can insert it in an e-mail and fill it with your personal details or print it out and send it filled out as a letter to us).

Withdrawal form sample

(If you want to cancel the contract, please fill out this form and send it back.)

To:
YUNIQU UG
Mörikestraße 67
70199 Stuttgart
Germany

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the arrangements negotiated of the following service (*):

Ordered on (*) / received on (*):
Name of the consumer (s):

Address of the consumer (s):

Signature of the consumer (s) (only when notified on paper):
Date:
____________________________

(*) Delete as appropriate.


In order to uphold the cancellation period, it is sufficient that you send the notice of withdrawal before the expiry of the withdrawal period.


FOLLOWING THE REVOCATION

If you withdraw from this Agreement, we have will repay all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery) within fourteen days from the date of which the notification of your termination of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction unless otherwise discussed and agreed upon with you; in no case will you be charged for any repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You will be refunded effective immediately and the final transaction should take no longer than fourteen days from the date in which you informed us of the cancellation of this contract.

YUNIQU UG
Mörikestraße 67
70199 Stuttgart
Germany

Returns or handovers. The deadline is met if you send the goods within the period of fourteen days. We DO NOT BARE the cost of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to improper handling or evidence is found that the goods were not handled with care or misused.

EXEMPTIONS FROM REVOCATION RIGHT

The right of revocation does not exist in the case of contracts for the delivery of goods which, due to their nature, are not suitable for return or can spoil quickly (§ 312 d Abs. 4 BGB). This is e.g. for already used, contaminated cosmetics.

(In the case of legal discrepancy, the original German text will prevail)
 
END OF REVOCATION

As of: June 12, 2018

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