§ 1 Validity, definitions of terms
(1) UniCare GmbH, represented by its managing directors Dr. Christian Pahl and Bernd Haefke, Mittelstrasse 7, 12529 Schoenefeld, Germany (hereinafter referred to as “we” or “UCderm”) operates an online shop for goods under the website https://ucderm.de. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, whereby a partnership with legal capacity is a partnership equipped with the ability to acquire rights and enter into obligations.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at http://ucderm.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding offer to conclude a contract by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding products by clicking on the appropriate button (e.g. “Add to basket”, “Add to shopping cart” or similar)
- Checking the information in the basket,
- Call up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Checkout”, “Go to order overview” or similar),
- Input/check of address and contact data, selection of payment method, confirmation of the general terms and conditions and cancellation policy,
- Completion of the order by clicking the button “Buy now”. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the e-mail address provided.
(4) In the event of the conclusion of the contract, the contract with UniCare GmbH is concluded, represented by the managing directors: Dr. Christian Pahl, Bernd Haefke, Mittelstraße 7, 12529 Schönefeld, Germany.
(5) Before placing an order, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partially automatically by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) With our online shop is subject of the contract:
- The sale of goods. You can see the concretely offered goods on our article pages.
(2) The essential characteristics of the goods are to be found in the description of the article.
(3) For the sale of digital products, the restrictions which are apparent from the product description or otherwise result from the circumstances, in particular with regard to hardware and/or software requirements for the target environment, shall apply. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes for delivery within the European Union.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown to be free of shipping costs. The shipping costs will be clearly indicated again on the offers, if applicable in the shopping cart system and on the order overview.
For delivery to non-EU countries such as Switzerland, additional customs duties, fees and an import sales tax may apply, which must be paid by the customer.
(4) All offered products are, unless clearly stated otherwise in the product description, immediately ready for dispatch.
(5) There is the following delivery area restriction: Delivery is only within the European Union and Switzerland.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Vouchers
(1) UCderm vouchers purchased in our online shop can be used to purchase UCderm products at www.ucderm.de. When using UCderm vouchers as a means of payment, the credit on the respective voucher is valid at the time of redemption. If the price of the product to be purchased is less than the nominal amount of the used voucher, the difference remains as credit. This credit can be used to purchase further products. If the credit balance of a voucher is not sufficient for the order, the difference can be balanced with the offered payment options.
(2) The voucher can only be redeemed before the order process is completed. A subsequent offsetting is not possible. Only one voucher can be redeemed per order.
(3) The voucher and any remaining credit can be redeemed until the end of the third year following the year of the voucher purchase. Voucher credit is neither paid out in cash nor does it bear interest.
(4) We assume no liability for loss, theft or illegibility of UCderm vouchers.
(5) The voucher is transferable. The seller can make payment to the respective holder with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
§ 7 Right of withdrawal
(1) As a consumer you have a right of withdrawal. This is based on our cancellation policy.
(2) In the case of UCderm vouchers, the consumer must agree to the premature expiration of the right of withdrawal during the ordering process. With the beginning of the execution of the contract, i.e. the creation of the voucher code, the consumer agrees to a waiver of the right of withdrawal. If the consumer does not agree to the waiver of the right of revocation before the conclusion of the order, no purchase contract is concluded.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as from tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the case of slight negligence in the event of injury to life, body or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial losses resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our duty to act and to fulfil the contractually owed performance, which is described in § 3.
§ 9 Contract language
German and/or English is the only language of contract available.
§ 10 Warranty
(1) The warranty is based on the statutory provisions.
(2) As a consumer, you are requested to check the items/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will of course not affect your statutory warranty claims.
§ 11 Competitions
Through our online shop and our social media platforms, we occasionally offer participation in various competitions. Participation in these competitions is based on our conditions of participation for competitions.
§ 12 Final provisions
(1) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.