1. Scope of application
Our sales shall be governed strictly by the present General Terms and Conditions of Business; conflicting General Terms and Conditions of Business of the Purchaser shall not be recognised by us, even where we are familiar with such Terms and Conditions of the Purchaser and do not expressly contest them.
The present General Terms and Conditions of Business shall be effective strictly in conjunction with sales on the Internet. All requests in respect of supply must be expressly accepted by Semper idem Underberg GmbH for a contractual arrangement to be deemed to have come into being. The Purchase Contract is deemed to have taken effect when you receive our confirmation of supply of the products ordered by you or when the goods are delivered. Where your immediate opposition is not forthcoming, we reserve the right to accept and compete orders in part only. Following input of your order, you shall receive confirmation of your order once by email. The data contained in your order shall be forwarded to Messrs Mail Box in Berlin, Germany, who shall process and despatch your order at short notice. For security reasons, your order details shall no longer be accessible through the Internet once the order has been activated. Those deliveries of articles originating in the Online Shop which contain Underberg shall only be for persons over the age of 18 years in the Federal Republic of Germany. When placing your order you commit yourself to comply with this condition in respect of age. The supply of articles destined for countries abroad shall always be effected without the addition of the product ‘Underberg’. This shall also be deemed to be the case where the graphic representation of an article in the Underberg Online Shop depicts that article as containing Underberg.
2. Prices and Value Added Tax
All prices are to be understood as being inclusive of Value Added Tax at the statutory rate effective in Germany. Semper idem Underberg GmbH reserves the right at all times to change the prices without prior notification of such changes.
3. Flat-rate carriage charges
The following flat-rate carriage charges shall apply for a given order even where the consignment is made up of several parcels, or an order is completed on the basis of part-consignments:
- for deliveries within the Federal Republic of Germany: € 4.60
- for deliveries to E. U. countries and to Switzerland: € 9.50
- for deliveries to all other countries: € 29.00
The flat-rate carriage charges shall be calculated on the basis of the country to which the consignment is to be despatched and not the country from which the order originates. Semper idem Underberg GmbH reserves the right at all times to change the flat-rate carriage charges without prior notification of such changes.
4. Terms of payment
a) For orders and deliveries within the Federal Republic of Germany:
- cash-on-delivery (C.O.D.)
- payment in advance
- for account (payable without deduction within 14 days)
- by credit card
b) For orders placed in Germany to be delivered to countries outside Germany:
- payment in advance
- by credit card
c) For orders originating from other countries:
- by credit card
We accept the following credit cards:
Euro-Mastercard and Visa.
Any bank charges payable shall be charged to your account. Insofar as you order goods for despatch to third parties, you, and not such third party/parties, shall be deemed to be our sole contractual partner. In the event of default in payment, we reserves the right, without specific notification or appointment of deadline, to charge default interest in accordance with standard bank rates. Non-observance of our Terms of Payment or negative credit-ratings shall entitle us to cancel outstanding orders at all times and without compensation. We shall retain ownership of the goods delivered until such time as they have been paid for in full.
5. Cancellation policy
Right of cancellation
You have the right to cancel or withdraw from this contract within 14 days without giving any reason. The cancellation period shall commence 14 days from the day on which you or a third party appointed by you other than the carrier take(s) possession of the goods. In the case of a contract concerning multiple goods, which you have ordered in the context of a single order and which are delivered separately, the cancellation period shall be 14 days from the day on which you or the third person you have appointed (who is not the carrier) take(s) possession of the last item. In the case of a contract concerning the delivery of an item in several partial deliveries or pieces, the cancellation period shall be 14 days from the day on which you or the third person you have appointed (who is not the carrier) take(s) possession of the last partial delivery or the last piece. To exercise your right of cancellation, you will need to send us a clear declaration (e.g. by letter, fax or e-mail) of your intention to cancel the contract. You can use the sample cancellation form attached, although please be aware that this is not mandatory. Please send your notice of cancellation to:
Underberg Service c/o Mail Box
Tel: 0049-30-47 59 87-18
Fax: 0049-30-47 59 87-19
You can also fill out and submit the sample cancellation form electronically on our website www.underberg.com. If you choose to do so, we will send you immediate confirmation of receipt of your notice of cancellation (e.g. via e-mail). The timely dispatch of the notice of cancellation within the cancellation period shall be sufficient for the cancellation period to be deemed respected.
Consequences of cancellation
Should you cancel this contract, we shall be obliged to refund to you all payments we have received from you, including shipping costs (with the exception of any additional costs incurred if you have selected a delivery method other than low-priced standard delivery we offer). These monies must be refunded without delay, at the latest within 14 days of the date on which your notice of cancellation was received. Your money shall be refunded using the same payment method used for the original transaction unless expressly agreed otherwise; under no circumstances will you be charged any fees for the refund. We may refuse to refund the payment until the goods are returned to us or until you have provided proof that you have returned the goods, depending on which of these occurs earlier. You must send back or return the goods immediately, but no later than 14 days after issuing your notice of cancellation of this contract, to the following address:
Underberg Service c/o Mail Box
Sending the goods back before the 14 day period expires shall be sufficient for the deadline to be deemed met. You shall be liable for the direct costs associated with returning the goods. You shall only be liable for any depreciation in the value of the goods if you have been responsible for this depreciation through handling the goods in a manner that was not necessary for inspecting the quality, properties and functionality of the goods.
End of cancellation policy
Delivery shall be effected ex-warehouse. On principle, we deliver worldwide, with the exception of to the U.S.A.; however, we are not obliged to accept orders from persons, legal entities or associations domiciled outside of the Federal Republic of Germany. We reserve the right at all times to refuse to effect delivery to individual countries without being required to substantiate such refusal.
The delivery lead-time within Germany is generally one week following receipt of order. Delivery within Germany is generally effected by way of despatch from our own warehouse through the Federal Postal Service (Deutsche Post) or DHL.
Deliveries abroad are effected by way of despatch through DHL or UPS on weekdays. The delivery lead-times specified by us are non-binding. Compensation claims pertaining to delays in delivery will not be entertained.
Costs incurred (customs, fees, etc.) in the country of delivery shall be payable by the recipient.
7. Notification of defects
Notification of defects and all other forms of complaint for obvious defects and faults must be effected within 8 days of receipt of the goods. Obligation under warranty shall remain effective for a period of two years from the time of receipt of the goods. In the event of loss, damage or breakage, you are requested to notify the firm of Mail Box Berlin in writing within a period of 14 days:
Telefax: 0049-30-47 59 87 19
Insofar as we are provided with appropriate evidence of the goods having been defective, we shall either replace such goods or rectify the defect(s) within a reasonable period of time. Where we fail to do this, you shall have the option of exchange or refund of purchase price.
8. Data protection
You hereby declare that you are in agreement with the fact that your personal data - in the sense of the Federal Data Protection Act [Bundesdatenschutzgesetz] - will be recorded on our data-processing system for the purpose of completing your order, however, only for as long as this is necessary for business. For the purpose of processing your order, we shall store the requisite data, passing them on to affiliated companies and service-providers (e.g. transport companies) in the interests of ultimate completion. For the rest, we shall reserve the right, where our interests warrant such procedure, to avail ourselves of creditworthiness-related information for the purpose of conducting our own investigation of creditworthiness, namely for the duration of our cooperation relationship.
9. Place of performance, Jurisdictional venue
This clause shall only apply to business contracts. This Agreement shall be governed by the Law of the Federal Republic of Germany to the exclusion of the Uniform Law of Purchase (CISG), even where orders originate from countries abroad. For the rest, Rheinberg shall be deemed to constitute place of performance and jurisdictional venue.
Semper idem Underberg GmbH, however, reserves the right to take legal proceedings against a given customer at any other location holding the status of legal venue under law.
10. Assignment of entitlements and obligations under the present Agreement
Semper idem Underberg GmbH reserves the right to assign to third parties the entitlements and obligations attached to the present Agreement without being required to specifically furnish notification of the same.
The liability of Semper idem Underberg GmbH for any damage, regardless of the nature of such damage, is excluded under the following circumstances: The exclusion of liability shall not apply for such instances of damage as have been brought about by Semper idem Underberg GmbH either wilfully and knowingly or for reasons of gross negligence, and, in the case of instances of ordinary negligence, for such occurrences of damage as are found to impact on human life, physical well-being or health as well as for such occurrences of damage as are found to be due to a contravention on the part of Semper idem Underberg GmbH of obligations of significant content under the present Agreement.
These Terms and Conditions shall be deemed effective as of May 2008 for orders received as of this date and shall render ineffective all previous versions. Should a provision be or become ineffective, the validity of the remaining General Terms and Conditions of Business shall not be thereby affected.