Terms and Conditions
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract
The purchase agreement is concluded with Urbanfriends OÜ.
By placing products in our online shop, we are making a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in your shopping cart by clicking the order button. You will receive an order confirmation by email immediately after submitting your order.
3. Contract language, contract text storage
The language available for concluding the contract is German.
We save the contract text and send you the order details and our terms and conditions in written form. For security reasons, the contract text is no longer accessible online.
4. Delivery conditions
Shipping costs may apply in addition to the stated product prices. Further details regarding any applicable shipping costs can be found in the individual offers.
We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.
We do not deliver to parcel lockers.
5. Payment
The following payment methods are generally available in our shop:
credit card
When you place your order, you provide your credit card details, and the credit card company performs an authorization check. After you have been verified as the legitimate cardholder, the payment transaction is processed automatically, and your card is charged.
PayPal
During the order process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered with PayPal or register first, log in with your access data, and confirm the payment instruction to us. After you place your order in our shop, we will request PayPal to initiate the payment transaction. The payment transaction will then be processed automatically by PayPal. You will receive further instructions during the ordering process.
6. Right of withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment is received.
For businesses, the following applies in addition: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.
8. Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
For businesses: The risk of accidental loss or damage passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. For merchants, the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory warranty rights apply.
When consumers purchase used goods, the following applies: if a defect appears after one year from delivery of the goods, any claims for defects are excluded. Defects that appear within one year of delivery can be claimed within the statutory limitation period of two years from delivery.
For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk. Used goods are sold excluding any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
With respect to businesses, only our own specifications and the manufacturer's product descriptions that have been incorporated into the contract are considered an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The foregoing limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives or agents.
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.
10. Liability
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract.
Furthermore, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can use to... here We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Terms and Conditions created with the Trusted Shops Legal text writer in cooperation with Wilde Beuger Solmecke Lawyers .