Terms and Conditions

Terms and Conditions

§ 1 Scope

1. These Terms and Conditions are valid for all contracts, concluded about our online shop www.unamono.com between
unamono GmbH
Bilker Allee 217
40215 Düsseldorf
CEO: Mrs. Anja Grewe
HRB 70999, register court Düsseldorf

and you as our client. The Terms and Conditions are valid independent if you are consumer, entrepreneur or merchandiser.

2. Reached agreements between the client and us in connection with this contract of sale arise especially from these sales conditions, our written order confirmation and our declaration of acceptance.

3. Standard is here in each case the valid version of the Terms and Conditions at the time of the contract conclusion.

4. We do not accept differing conditions of the client. This also applies if we do not expressly contradict the inclusion.

§ 2 Contract conclusion

1. The presentation and advertising of articles in our online shop is not a lowest bid for the conclusion of a sales contract.

2. By submitting an order about the online shop by clicking the button »buy now«, the client makes a legally binding order. The client is bound to the order for the duration of two weeks after order submission. The possibly valid cancellation right for an order (see § 7) remains unaffected thereby.

3. We will immediately confirm the receipt of the order, submitted to our online shop, via email. Such an email is yet not a binding order acceptance unless there is declared the acceptance together with the receipt confirmation.

4. A contract shall not come into effect until we accept the order by declaration of acceptance or by delivery of the ordered items.

5. We reserve the right to reject the acceptance without giving reasons, especially if it is suspected that the purchased articles shall be commercially resold.

§ 3 Prices

All price quotations in our online shop are gross prices including the legal VAT, plus resulting shipping costs. Prices are only listed in Euro. Valid are the prices at the time of the order. The shipping costs are explicitly stated just as the total costs of the order.

§ 4 Payment terms as well as rights of offsetting and retention

1. The purchase price is due immediately, this means with contract confirmation by unamono.

2. The client can pay by credit card (Visa, MasterCard), bank transfer or PayPal. The chosen mean of payment is charged immediately.

3. In the case of delivery outside of Germany, unamono reserves the right to accept only one of the payment types.

4. The right for set-off is only reserved for the client if his counterclaims are uncontested or have been legally established.

5. As client you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 5 Delivery, shipping costs

1. We have the right to partial delivery insofar it is reasonable for the client.

2. The delivery is only made after receipt of the full payment at unamono.

3. Usually unamono will ship the order within 24 hours after payment receipt.

4. The client has the option for delivery to a regular postal address or to a German packing station.

5. After the order has been transferred to the carrier the client bears the transportation risk.

6. We deliver only to the following countries:
Germany, Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Great Britain, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Sweden, Switzerland, Spain.

7. In other countries unamono will only make shipment by separate, individual agreement with the client. For compliance with valid customs and tax rules including the costs, the client is responsible himself. unamono states explicitly to the client, that costs can arise in addition to the article- and shipping costs.

8. The client shall bear the shipping costs. For import of goods into Switzerland as well as to Liechtenstein and Norway is to note that the client has to pay the import sales tax of 8 %. This is not included in the stated billing amount. Customs- as well as transaction fees are not refunded in the case of a return.

9. Shipping costs within Germany are 6,00,-€
For deliveries of goods to Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Sweden, Spain, United Kingdom arises a shipping cost rate of 15,00,-€
For Liechtenstein, Norway and into Switzerland the delivery costs 17,00,-€.

§ 6 Right of return

1. The productt by unamono is a special and valuable product. For this reason we want that you are really satisfied with your item. If you are not satisfied, we give you the right to cancel the order completely or partially by return within 14 days after receipt. We may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must bear the direct cost of returning the goods. We understand our product as a holistic experience. Therefore, the product includes not only the unique but also the high-quality package as well as its complete content (story etc.). If the item is used, washed or damaged and if it does not return in the undamaged original package, then unamono is not obliged for take-back.

2. The statutory regulation about compensation of use is valid.

3. The right of is not valid for products which were produced as a bespoke order for the client.

§ 7 Cancellation right

1. If the client is customer (means a natural person, who does not submit an order for purposes in connection with its commercial or self-employed professional job), the client has a cancellation right within the legal limits.

2. If the client exercises his cancellation right (see number 1), the client has to bear the regularly return costs if the delivered item is the same as the ordered and when the price of the returned product does not exceed an amount of 40,00,-€, or if the product has a higher price, but the client has not yet done the consideration or a contractually agreed partial payment at the time of the cancellation.

3. Otherwise for the cancellation right the following detailed written rules are valid for consumers within the EU:

Cancellation Instruction
Cancellation Right
You may cancel your contract declaration within 14 days in text form without stating any reason. The time limit commences on receipt of this advisory in text form, however, not until the recipient has received the goods (or not until receipt of the first partial delivery in the event of recurring deliveries of similar goods). To observe the cancellation deadline it is enough to submit the cancellation timely.
To exercise your right to cancel this contract, you are obliged to inform us by means of an unequivocal statement (e.g. a letter send by post or an email) about your decision to cancel this contract.
Please send the cancellation to
unamono GmbH
Bilker Allee 217
40215 Düsseldorf
service@unamono.com

In order to observe the cancellation period, it is sufficient that you send notice of cancellation before the cancellation deadline.

Cancellation Consequences
In the event of a valid and effective cancellation, the performances received by either party must be returned and any derived profits (e.g. interest) must be released, including shipment costs (with the exception of the additional costs arising from your choosing a type of shipment other than the most favorable standard shipment offered by us) without undue delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the initial transaction, unless we explicitly agree otherwise with you. You will in no event be charged fees for this reimbursement.

We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever happens first. You must send back or hand over the items without undue delay and in any event no later than fourteen days from the date on which you notify us of cancellation of this contract to unamono GmbH, Bilker Allee 217, 40215 Düsseldorf, Germany. The deadline is met if you send back the goods before the end of the fourteen day period.

If you cannot return the performance received (e.g. advantages derived from usage), in part or in whole, or if you can only return it in a deteriorated state, you are required to offer compensation of equal value. For the deteriorated state of the item and for derived advantages you only have to offer compensation of equal value, insofar the use or the worse condition have their reason in a usage, exceeding the test of the characteristics and functional reliability. »Inspection for qualities and functions« shall mean to test and to try the item as it is possible and common in a store. 

We will bear the cost of returning the goods if you send them in accordance with our instructions with the logistics partner we specify. If not, you will bear the direct cost of returning the goods.

End of the Cancellation Instruction

4. The right of cancellation shall not exist for distance selling contracts for the delivery of items which are produced according to customer’s specifications or which are clearly tailored to personal requirements or which are not suitable for return shipment due to its condition.

§ 8 Reservation of property rights
The delivered merchandise shall remain our property until full payment has been effected.

§ 9 Warranty

1. unamono is liable for property and legal defects in accordance with the relevant legal regulations, particularly §§ 434 et seq. BGB. The statutory limit for claims in respect of a defect is 24 months and begins with delivery of the goods.

2. Usually, unamono does not give any warranties. A warranty regarding our delivered items exists only when this is explicit in accordance to this one item.

3. Usual or unavoidable material-induced deviations from quality, colour, size, version as well as the design of the item are regularly irrelevant. This usually does not justify any warranty claims. But it is up to the client, to prove the relevance of such deviations.

§ 10 Liability

1. unamono is against the client only responsible in all cases of contractual and non-contractual liability in the event of intent and gross negligence within the legal limits for damages or vainly expenditure.

2. In all other cases, unamono is responsible – unless otherwise specified in (3) – only for injuring a contract obligation whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the customer may normally expect (so called cardinal duty), namely limited to fore-seeable, atypical damages. In all other cases, our liability is excluded subject to the rule in (3).

3. Our liability for loss or damage arising from death, personal injury, damage to health and regarding the product liability law remain unaffected by the above liability limitations and liability exclusions.

§ 11 Copyrights
unamono has the copyrights for all pictures, films, texts as well as further media files which are published in the online-shop. It is not allowed to use the pictures, films, texts and media files without the prior approval of unamono.

§ 12 Privacy Policy
Our privacy policy you will find here.

§ 13 General rules

1. Should one of the terms of the general Terms and Conditions are invalid or impracticable, the validity of all other terms remains unaffected. Oral agreements require written confirmation.

2. The client can see these Terms and Conditions with the included general contract terms at the shop-site of the provider www.unamono.com in printable and retainable way. The order data of the client are saved at the provider. In the customer account are visible the data about received, open and currently shipped orders. There can be managed and saved information about address data, possible bank details and a possible newsletter-order. The client commits to treat the personal login-data confidential and not to make it accessible to unauthorized third parties. In the interest of clients are to make truthful information at orders. The client should immediately notify us about changes of relevant data via email at service@unamono.com or by changing the data in the customer account.

3. The law of the Federal Republic of Germany has validity with exclusion of the UN sales law. If a client has made the order as customer and has his habitual residence in another country at the time of order, the application of mandatory legal provisions of that country remain unaffected by the legal case from sentence 1.
If the client is merchandiser established in Germany to the time of order, exclusive place of jurisdiction is the location of the seller, Düsseldorf. In all other cases are valid the applicable legal rules for the local and international competence.

Updated 13.08.2015