General Terms and Conditions
Contract Terms applicable to sales contracts via the platform https://www.universe-control.com
UNIVERSE smart solutions GbR
Immenhofer Straße 17
the users of this platform as specified in §2 of these General Terms and Conditions – hereinafter “Customer/Customers“.
The following General Terms and Conditions as displayed to the Customer at the time of order placement shall be exclusively applicable between the Provider and Customer. Deviating terms of the Customer are not accepted unless the Provider has expressly agreed to them in writing.
§2 Conclusion of Contract
(1)The Customer can choose products from the product range of the Provider and add them to a so-called Shopping Cart via the “Shopping Cart” button. By pressing the “Buy now” button he places a binding purchase request for the goods collected in the Shopping Cart. The Customer can change or look at the order at any time before sending it off.
(2) Thereupon, the Provider sends the Customer an e-mail with an automatic acknowledgment of receipt with the subject line “Acknowledgment of Receipt of your order with Universe“, listing the order of the Customer, which can be printed by the customer by pressing the “Print“ button. Herein the order of the Customer shows the respective contents of the Shopping Cart at the time of order placement. The Acknowledgment of Receipt (order confirmation) constitutes the order acceptance by the Provider. The contents of the order are listed therein. Together with this email, or in a separate email, but at the latest upon delivery of the products, the contract text (including the order, General Terms, and order confirmation) is sent to the customer by us on a durable medium (e-mail or paper print). The contract text is stored in compliance with privacy and data protection requirements.
(3) Conclusion of the contract is in the German language.
§ 3 Delivery, Product Availability, Terms of Payment
(1) Our delivery times are calculated from the date of our order confirmation (§ 2 (2) of these Terms, given prior payment of the purchase price.
(2) The Provider shall inform the Customer without delay if the product specified by the customer in his order is temporarily unavailable. The Customer shall have the right to withdraw from the contract if the delivery delay is to last longer than two weeks. In this case, the Provider may do likewise and have the right to withdraw from the Contract, and any payments made by the Customer shall be refunded without delay.
(3) The Customer may make the payment by PayPal or SOFORT Banking.
(4) Payment of the purchase price is due in full upon execution of the Contract. If a calendar date is stipulated for payment, the Customer will be immediately in default if he fails to pay on this set date.
§ 4 Reservation of Ownership
The goods remain the property of the Provider until payment of the purchase price has been fully received.
§ 5 Prices and Shipping Costs
(1) All prices quoted on the website of the Provider order form do not include statutory value-added tax
(2) The respective shipping costs shall be quoted to the Customer in his order form and shall be charged to the Customer unless he makes use of his right of withdrawal.
§ 6 Material Defect Warranty
(1) The Provider is liable for material defects by valid legal requirements, especially §§ 434. BGB. The warranty period towards contractors for goods delivered by the Provider is 12 months.
§ 7 Liability
(1) Any claims for damages by the Customer are expressly excluded. Except for claims by the Customer for damages from injury to life, limb, health or from violation of essential and contractual rights (cardinal obligations), as well as other forms of damages caused by any intentional or grossly negligent breach of duty by the Provider, his legal agent or auxiliary person. Essential contractual rights are particularly those which are required to achieve the fulfillment of the purpose of the contract.
(2) In case of a breach of essential contractual rights by the Provider, the Provider shall only be liable for typical contractual damages which could have been reasonably foreseen as a result of simple negligence, except claims by the Customer for damages from injury to life, limb or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply for the benefit of legal agents and auxiliary persons of the Provider if claims are directly asserted against them.
(4) The regulations of the Product Liability Law remain unaffected.
§ 8 Information on Data Processing
(1) The Provider will collect data about the Customer necessary for the processing of contracts. He shall comply in particular with the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the Provider shall only collect, process, or use data as far as this shall be necessary for processing the contract and utilization and billing of Telemedia.
(2) The Provider shall not use the data of the Customer for purposes of advertising, market research, or opinion polls without the consent of the Customer.
§ 9 Final Provisions
(1) The applicable law for contracts between the Provider and Customer is that of the Federal Republic of Germany with the exclusion of all private international legal rulings, in particular of the UN sales convention concerning the international sale of goods.
(2) If the Customer is a merchant, a legal entity of public law, or special fund under public law, the place of jurisdiction for all conflicts arising from contractual agreements between the Customer and the Provider shall be the place of business of the Provider.
(3) The Contract shall remain binding even when individual provisions prove invalid. Invalid provisions, if any, shall be replaced by legally effective provisions. However, if this constitutes an unreasonable hardness for one or both of the contractual parties, the contract in its entirety shall be ineffective.