Terms of service
General terms and conditions of sënd unltd
§1 Scope and definitions
(1) These terms and conditions apply to all business relations between sënd unltd by matthias lorkowski (us) and the consumer in the version valid at the date of the order.
(2) "Consumer" within the meaning of these terms and conditions is any natural person who maintains business relations with us for a purpose that can neither be attributed to his/her commercial nor his/her independent professional activity (§ 13 BGB).
(3) "Partners" within the meaning of these terms and conditions are all natural or legal persons or partnerships with legal capacity who enter into business relations with us and who act in the exercise of their commercial or self-employed activity (§ 14 BGB). If a partner does not act in the exercise of his/her commercial or self-employed activity, he/sh shall also benefit from the rights intended for consumers. He/she shall be deemed to be a consumer within the meaning of these terms and conditions.
(4) "Consumers" within the meaning of these terms and conditions shall be understood to include both consumers and partners.
(5) General terms and conditions of business of partners which conflict with, deviate from or supplement our terms and conditions of business shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing form.
§2 Formation of the contract
(1) All following regulations on the closing of the contract apply to orders placed in the online shop, www.sendunltd.com.
(2) If a contract is closed, it shall be closed with
sënd unltd, represented by Matthias Lorkowski
Heidestraße 77, 60385 Frankfurt am Main, Germany.
(3) The placement of goods in our online shop does not constitute a legally binding contractual offer, but is merely a non-binding invitation to the customer to order these goods. If the customer orders one or more goods, he/she thereby submits the offer to close a purchase contract that is binding for him/her for a period of 14 days.
(4) When an order is received in our online shop, the following regulations apply:
When a customer goes through the order process described below, he/she thereby makes a binding offer to enter into a contract. The ordering process takes place in the following steps:
a.) Select the desired good(s).
b.) Confirm by clicking on the button 'add to shopping cart'.
c.) Check all product details in the shopping basket.
d.) Click on the button 'go to checkout'.
e). Enter the delivery address and confirm by clicking the button 'proceed to shipping'.
f.) Confirm the displayed shipping costs by clicking the button 'proceed to payment'.
g.) Select the preferred payment method and confirm by clicking on the button 'review order'
h.) Check the order and correct the data.
i.) Submit the binding order by clicking the button 'buy now'.
Before the submission of the binding order, the customer can click on the button "back" of his/her internet browser and, after (re-)checking the order details, return to the page on which the details were entered during the ordering process. There, he/she can correct any errors or end the order process by closing the Internet browser.
(5) After we received the order, we confirm it by an automatically generated e-mail. However, this e-mail does not constitute an acceptance of the offer. An acceptance of the offer by us shall be made in writing text form or by sending the goods. We reserve the right to check the order of a customer and not to accept every order. E.g., we reserve the right to reject a customer's order, if we have indications or reason to suspect that technical aids (like e.g. bots) were used in the submission of the order. In the event of non-acceptance of an order, we will not provide a specific explanation for the rejection.
(6) We store the text of the contract and send you the data of your order by e-mail.
§3 Regulations on prices, shipping costs, payments and due dates
(1) All prices displayed in our online shop include the statutory value, added tax and other price components. Not included are any shipping costs. These will be charged separately.
(2) Payment shall be made by prepayment Klarna (immediate transfer), by PayPal or by credit card (Mastercard, Visa). We reserve the right to demand advance payment, in order to hedge the credit risk in accordance with the creditworthiness of the customer.
(3) If a customer chooses PayPal or prepayment as a payment option, he is obliged to pay the corresponding purchase price immediately after conclusion of the contract. If the customer chooses payment by credit card, his account will be debited before the delivery of the goods.
(4) The customer does not receive an invoice with the delivery of the goods but can download his/her invoice via a link if required.
(5) During the period of default, a partner shall pay interest on monetary debts at a rate of 8% above the base interest rate. However, we reserve the right to claim higher damages for default from a partner.
(6) A partner shall only have the right of set-off, if the counterclaims with which he/she wishes to set off are undisputed or have been legally established.
§4 Provisions on delivery and risk transfer
(1) If the customer chooses payment by PayPal or prepayment, the goods will only be dispatched after receipt of payment.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall not pass, until all ordered goods are handed over to the customer.
(3) If the customer is a partner, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the ordered goods are handed over to the commissioned logistics company by us.
(4) If the customer is a partner, we reserve the right to determine a new reasonable delivery period in the event that a delivery period cannot be met for reasons for which we are not responsible. The customer will be informed immediately about any failure to meet a delivery deadline. If we are still unable to deliver the ordered item(s) within the newly determined period, we are entitled to withdraw from the contract. If the customer has already made counter-performances, these shall be refunded immediately.
§5 Reservation of title
(1) If the customer is a consumer, we retain title to the goods until the purchase price has been paid in full.
(2) If the customer is a partner, we retain title to the goods until all claims arising from the current business relationship have been paid in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10% or more, we are obliged to release the reserved goods.
§6 Warranty
(1) The statutory warranty provisions shall apply to consumers.
(2) In the case of used goods, warranty claims for consumers shall become statute-barred after 12 month from the date of delivery of the goods. However, such a reduction of the limitation period shall not apply to warranty claims which result in compensation for damages and which are based on intent or gross negligence or a breach of essential contractual obligations. Material contractual obligations are those obligations the fulfillment of which makes the proper performance and execution of the contract possible in the first place and on the observance of which a buyer may normally rely.
(3) Claims for damages by consumers due to injury to life, body or health or due to provisions of the Product Liability Act (ProdHaftG) remain unaffected. The same regulations apply to breaches of duty by our vicarious agents.
(4) Warranty claims which are not directed at compensation for damages shall become statute-barred for partners after 12 month from the date of delivery of the goods. This shall not affect the statutory limitation periods for recourse claims of the partner, pursuant to § 478 BGB.
(5) Customers within the meaning of these terms and conditions are obliged to inspect the received goods immediately for deviations in quantity and/or quality. We must be notified in written form of any recognizable defects within a period of one week (7 days) from receipt of the good(s). The assertion of warranty claims shall be excluded if the customer fails to comply with his/her obligation to notify us. The customer is obliged to notify us in written form of hidden defects within a period of one week (7 days). The period begins with the discovery of the corresponding defect. The full burden of proof for any claim prerequisites, in particular also for the defect itself, for the time of its discovery and for the timeliness of the notice of defect shall be borne by the customer.
§7 Liability limitations
Liability for damages caused by simple negligence is excluded, unless these result from the violation of essential contractual obligations, concern a guarantee for the quality of the object of purchase, damages from injury to life, body or health or claims according to the Product Liability Act (ProdHaftG) are concerned. Material contractual obligations are those obligations the fulfillment of which makes the proper performance and execution of the contract possible in the first place and on the observance of which a buyer may normally rely.
The same regulations apply to breaches of duty by our vicarious agents.
Liability for the breach of essential contractual obligations is limited in cases of simple negligence to such damages that are typically associated with the contract and are foreseeable.
§8 Right of Revocation
Consumers are generally entitled to a right of revocation. Further information on the right of revocation can be found in the seller's instructions on revocation.
§9 Contractural agreement on return costs in the event of revocation
(1) We guarantee a full repayment, provided that all items have been returned in the condition in which they were received. This means the items must not be damaged, soiled, washed, altered or worn (except for fitting) and all tags and labels must be intact.
(2) Since underwear and swimwear are hygiene articles, they are excluded from exchange.
(3) If the goods are nevertheless returned, we will send the goods back to the customer and charge the customer for this shipment. In this case, the purchase price will not be refunded.
(4) The customer has to bear the costs for return shipments himself.
§10 Language of the contract, choice of law and place of jurisdiction
(1) Only the German language shall be used for the performance and execution of the contract.
(2) The contractual relations shall be governed by the law of Germany, excluding the UN convention on contracts for the international sale of goods. For consumers who do not close the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(3) If the customer is a partner, a legal entity under public law or a special fund under public law, our registered office (Frankfurt am Main, Germany) is agreed as the exclusive place of jurisdiction for all disputes arising from this contract.
§11 Severability clause
If any term or provision provision of these terms and conditions is invalid, illegal, unenforceable or subsequently become so, the remaining terms and provisions shall not be affected thereby. This shall only not apply if the omission of individual clauses puts a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to these terms and conditions.
* This translation is for information only. The original German version of this text is binding and applies independent of the customers/users location, language or nationality.