General Terms and Conditions of UNLCKED UG and its brand Ventores
§ 1 Validity of the General Terms and Conditions
These General Terms and Conditions shall apply to all contracts/orders concluded between UNLCKED and its customers (hereinafter referred to as "Customer"). They shall also apply to online orders placed via the internet page ventores.com (hereinafter referred to as "Website"). The general terms and conditions apply exclusively. UNLCKED shall not recognize any terms and conditions of the Customer that conflict with or deviate from these General Terms and Conditions, unless UNLCKED has expressly agreed to their validity in writing. Legally relevant declarations and notifications to be made by the Customer to UNLCKED after the conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) shall require text form to be effective. Any acceptance of goods and/or services by the Customer shall result in the unqualified acceptance of these General Terms and Conditions. The possibility to prove the acceptance of the terms and conditions of sale in another way than the acceptance of goods/services remains unaffected. Contractual language is exclusively German. The customer can retrieve and print these general terms and conditions on the website. The text of the contract will not be stored.
§ 2 Ordering Process and Conclusion of Contract
2.1 UNLCKED's offers shall be subject to change and non-binding.
2.2 When ordering via the Website, the Customer may add the products selected by him to the shopping cart. He may then place a legally binding order. An order is only possible if the customer confirms beforehand by clicking on the corresponding box that he has read the general terms and conditions and agrees with their validity. In order to place an order via the website, the following individual steps must be carried out:Add products to the shopping cartenter information about delivery and paymentactively agree to the general terms and conditions (including the information about the cancellation policy)send the order by clicking the "Buy now" buttonBefore sending the order, there is a possibility to check the information and correct possible mistakes in the input.
2.3 By sending the order, a binding offer pursuant to § 145 BGB (German Civil Code) for the conclusion of a legally binding contract is made. UNLCKED shall be entitled to accept the offer within two weeks after its receipt, for example by declaring acceptance or by sending the goods. If there is no reaction by UNLCKED within the acceptance period, the silence cannot be considered as acceptance. The acceptance of an order shall only be effective if it is placed in writing or by e-mail and signed by a representative authorized by UNLCKED or if the goods are sent. Immediately after receipt of the order, an automated e-mail will be sent confirming receipt of the offer, without this already constituting acceptance of the offer. The contract shall only be concluded when UNLCKED accepts the offer by sending a corresponding order confirmation or when the goods are sent. The representations of the products on the website do not constitute a legally binding offer, but a non-binding online catalog. By providing a valid e-mail address, the customer agrees that his orders may also be accepted and processed by e-mail. The customer is hereby expressly advised that misuse cannot be ruled out during e-mail transmission. UNLCKED is not in a position to verify e-mail orders as to the correctness of the sender and the accuracy of their content. Notwithstanding the above, the Customer requests UNLCKED to accept such electronic orders for execution. UNLCKED shall be indemnified against any liability and any recourse claims arising due to misuse of the transmission system.
§ 3 Right of withdrawal, cancellation policy for customers based in the EU
If the customer is based in the European Union, buys products via the website and is a consumer (i.e. a natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor professional), he is entitled to a right of withdrawal in accordance with the statutory provisions, about the existence/non-existence of which he will be informed during the respective order process and here in the following text.
Right of withdrawal
You have the right to cancel this contract within thirty days without giving any reason.
The revocation period is thirty days from the day on which you or a third party named by you, who is not the carrier,
- have taken possession of the goods or have taken possession of the goods if you have ordered one or more goods as part of a uniform order and the goods or goods are delivered uniformly;
- you have taken possession of the last goods or have taken possession of the last goods if you have ordered several goods as part of a single order and the goods are delivered separately;
- have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces.
To exercise your right of withdrawal, you must send us
UNLCKED UG (limited liability)
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract in respect of all the goods in your order, we shall refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within thirty days from the day on which we received the notification of your revocation of this contract. If you revoke the contract only in relation to certain goods, we will refund the purchase price for these goods. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within thirty days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of thirty days. We shall bear the direct costs of the return shipment within Germany. Outside Germany, you bear the direct costs of return. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
---------- End of the cancellation policy ----------
Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back:
UNLCKED UG (limited liability)
Herewith I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following
/the provision of the following service (*):
Ordered on (*):
Received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication):
Delete where not applicable.
---------- End of cancellation form ----------
§ 4 Prices, Terms of Payment, Default of Payment
4.1 Prices are ex Hamburg, plus shipping costs. Further information on shipping costs can be found on the website under "Shipping Information".
4.2 The statutory value added tax is included in the prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
4.3 In case of shipment to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred in connection with the order, which shall not be paid via UNLCKED or invoiced by UNLCKED, but shall be paid by the Customer directly to the competent customs or tax authorities. For details please contact the respective competent authorities.
4.4 The deduction of any cash discount shall not be permitted unless expressly agreed.
4.5 The various payment options also for online orders, are presented on the website as part of the ordering process.
4.6 In the case of payment by direct debit, the customer shall bear any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in the account or due to incorrect bank details provided by the customer.
4.7 The statutory rules concerning the prerequisites and consequences of default in payment shall apply. With respect to merchants, the claim to the commercial due date interest (§ 353 HGB) shall remain unaffected.
4.8 Payments made by the customer shall always be used for the oldest invoice due, contrary to any redemption provision.
§ 5 Delivery period, delay in delivery
5.1 The agreement of delivery periods shall require express confirmation by UNLCKED in writing.
5.2 UNLCKED shall be entitled to make partial deliveries, provided that such partial deliveries are reasonable for the Customer.
5.3 At the request and expense of the Buyer, the goods shall be shipped ("mail order purchase"). Unless otherwise agreed in writing, UNLCKED shall be entitled to determine the type of shipment (in particular choice of carrier, shipping route, packaging, etc.) itself. In the case of a mail order purchase, the Customer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the Customer.
5.4 Any customs duties, fees, taxes and other public charges shall be borne by the customer.
5.5 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. In the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
5.6 If the Customer is in default of acceptance or culpably violates other duties to cooperate, UNLCKED shall be entitled to claim compensation for the damage incurred by it in this respect, including any additional expenses. Further claims or rights shall remain reserved.
5.7 If the conditions of default of acceptance are met, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer at the time the Customer is in default of acceptance.
5.8 All events and circumstances the occurrence of which is beyond the control of UNLCKED and its suppliers, such as force majeure, natural disasters, war, labor disputes, shortages of workers, energy or raw materials, traffic or operational disruptions, official orders, fire or explosion damage, shall extend the agreed delivery periods by the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than two months, each party shall be entitled to withdraw from the contract with respect to the unfulfilled part thereof. If UNLCKED is unable to meet binding delivery dates for reasons beyond UNLCKED's control (non-availability of performance), the Customer shall be informed thereof without undue delay and at the same time notified of the expected new delivery date. The customer shall be at liberty to set a reasonable period of grace. If the service is still not available within the new delivery period, UNLCKED shall be entitled to withdraw from the contract in whole or in part; any consideration already paid by the Customer shall be refunded without delay. A case of non-availability of the service in this sense shall in particular be deemed to be the failure of a UNLCKED supplier to deliver to UNLCKED in due time if a congruent hedging transaction has been concluded with such supplier. A congruent covering transaction shall be deemed to exist if UNLCKED, on the day of the conclusion of the purchase, has a supply contract which, when viewed objectively, is of such a nature that UNLCKED can supply its Customer from its performance with the same certainty as promised to the Customer in the event of smooth performance. UNLCKED's statutory rights of rescission and termination as well as the statutory provisions governing the performance of the contract in the event of an exclusion of the obligation to perform (e.g. impossibility or unreasonableness of performance and/or subsequent performance) shall remain unaffected. The customer's rights of rescission and termination shall also remain unaffected.
§ 6 Transport damage
If goods are delivered with obvious transport damage, we ask the customer to immediately complain about such defects to the deliverer and to contact us as soon as possible. Failure to make a complaint or contact us has no consequences for the statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 7 Warranty for defects
7.1 For all defects of the purchased goods occurring during the statutory warranty period, the statutory claims for supplementary performance, for remedy of defects/replacement as well as - in case of failure of supplementary performance - the further claims for reduction or rescission shall apply at the customer's option, as well as for damages, including compensation for damage instead of performance as well as compensation for futile expenses. Subsequent performance shall be deemed to have failed after three unsuccessful attempts at subsequent performance. 7.2 The limitation period for claims for defects shall be 24 months, calculated from handover or delivery. If the Customer is an entrepreneur, i.e. if the Customer is acting in the course of its commercial or independent professional activity when placing its order, claims for defects against UNLCKED shall become statute-barred within 12 months from the date of delivery of the goods. Excluded from this are claims for injury to life, body or health which are based on a negligent breach of duty by UNLCKED or an intentional or negligent breach of duty by a legal representative or vicarious agent of UNLCKED.
§ 8 Liability
Claims for damages shall be excluded. Excluded from this are claims for damages arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by UNLCKED, its legal representatives or vicarious agents. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which the customer relies and may rely. In the event of simple negligence, UNLCKED shall be liable - subject to clause 8.1 - for damages resulting from the breach of an essential contractual obligation to the amount of the foreseeable damage typical for the contract. The limitations of liability resulting from clause 8.1 shall not apply to the extent that UNLCKED has fraudulently concealed the defect or has assumed a guarantee for the quality. The same shall apply insofar as UNLCKED has entered into an agreement on the quality. The provisions of the Product Liability Act shall remain unaffected. UNLCKED draws attention to the hazardous nature of the sports for which the products offered are intended. Despite their quality, UNLCKED's products cannot exclude that the user will not nevertheless injure himself or herself while practicing the sport or that other damages will occur. UNLCKED also points out that proper use of the products will only occur if the user complies with all instructions provided in the user manual. This includes in particular, but is not limited to, that the user cleans the products after use, checks for any impairments and, if necessary, has repairs carried out before the next use, does not modify or change the products and only makes the adjustments available from the product itself with the assistance of qualified personnel.
§ 9 Retention of title
9.1 UNLCKED shall retain title to the goods until receipt of all payments arising from the business relationship with the Customer. In the event of a breach of contract by the Customer, in particular in the event of default in payment, UNLCKED shall be entitled to reclaim the object of sale. UNLCKED's taking back of the purchased goods shall constitute a rescission of the contract. After taking back the goods, UNLCKED shall be entitled to dispose of them, the proceeds of such disposal to be credited against the Customer's liabilities - less reasonable costs of disposal. 9.2 The customer shall treat the goods with care until the transfer of ownership.
§ 10 Alternative dispute resolution
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. UNLCKED is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Electronic communication
TThe customer agrees that contract-related communication may be made in electronic form.
§ 12 Place of jurisdiction, place of performance
12.1 The contractual and non-contractual legal relationships with the customer - including the form of conclusion and all rights and obligations arising from the contract - shall be governed by German law, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG), as well as the customs applicable at the place of performance. Mandatory protective provisions of the law of the state in which the consumer has his habitual residence shall remain applicable.
12.2 It is agreed that the Local Court of Hamburg or the Regional Court of Hamburg shall have exclusive local and international jurisdiction, provided that the Customer is a merchant. UNLCKED shall, however, also be entitled to bring an action at the Customer's place of business or before other courts having jurisdiction on the basis of domestic or foreign law.
12.3 Unless otherwise stated in the order confirmation, the place of performance shall be UNLCKED's place of business.
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