TERMS AND CONDITIONS
1. Scope of Application
(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded through our online shop between us,
Company: Unvain Studios
Owner: Robert Friedrichs
Phone: +49 (151) 684 043 72
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur, or merchant.
(2) All agreements between you and us in connection with the purchase contract result specifically from these terms of sale, our written order confirmation, and our acceptance.
(3) The version of the GTC valid at the time of contract conclusion is decisive.
(4) We do not accept any deviating conditions from the customer. This also applies if we do not expressly object to their inclusion.
2. Conclusion of Contract
(1) The subject of the contract is the sale of goods. The presentation and promotion of articles on our online shop do not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the "order with payment" button, you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your possible right to revoke your order remains unaffected.
(3) We will promptly confirm the receipt of your order via our online shop by email. Such an email does not constitute a binding acceptance of the order unless it simultaneously declares acceptance along with confirming the receipt.
(4) A contract is only concluded when we accept your order through an acceptance declaration or by delivering the ordered items.
(5) Orders for deliveries outside of Germany can only be considered above a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) If delivery of the ordered goods is not possible, for example, because the corresponding goods are not in stock, we will refrain from an acceptance declaration. In this case, a contract is not concluded. We will promptly inform you and refund any payments already received.
3. Delivery Conditions and Reservation of Prepayment
(1) We are entitled to partial deliveries as far as this is reasonable for you.
(2) The delivery period is approximately five working days for shipments to Germany, about 10 working days for shipments to Switzerland and within Europe, and about 30 working days for all other countries, unless otherwise agreed. It begins—subject to the provision in paragraph 3—with the conclusion of the contract.
(3) For orders from customers residing or having a business address abroad or for justified indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (prepayment reservation). If we make use of the prepayment reservation, we will inform you promptly. In this case, the delivery period begins upon payment of the purchase price and shipping costs.
4. Prices and Shipping Costs
(1) All price indications in our online shop are gross prices including the statutory value-added tax and exclude any shipping costs.
(2) The shipping costs are stated in our price information in the online shop. The price, including value-added tax and applicable shipping costs, will also be displayed in the order form before you submit the order.
(3) If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contract declaration, you can, under the statutory requirements, demand reimbursement of the costs already paid for shipping to you (outbound shipping costs).
5. Payment Conditions and Offsetting and Withholding Rights
(1) The purchase price and shipping costs must be paid within two (2) weeks after receiving our invoice.
(2) You can only pay the purchase price and shipping costs with the payment methods offered by us.
(3) You are not entitled to set off against our claims unless your counterclaims are legally established or undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
6. Retention of Title
The delivered goods remain our property until the full payment of the purchase price.
(1) We are liable for defects in quality or title of delivered items according to the applicable statutory regulations, especially §§ 434 ff. of the German Civil Code (BGB). The limitation period for statutory defect claims is two years and begins with the delivery of the goods.
(2) Any seller guarantees provided by us for specific items or manufacturer guarantees granted by manufacturers of specific items apply in addition to claims due to defects in quality or title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions, if any, accompanying the items.
(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence according to the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we are liable—unless otherwise regulated in paragraph 3—only for the violation of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and limited to the compensation of foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
We hold the copyrights to all images, films, and texts published in our online shop. The use of images, films, and texts is not permitted without our express consent.
10. Dispute Resolution, Applicable Law, and Jurisdiction
(1) We do not participate in any dispute resolution proceedings before a consumer conciliation board within the meaning of the Consumer Dispute Settlement Act.
(2) German law applies, excluding the UN Sales Convention. If you placed the order as a consumer and, at the time of your order, have your usual residence in another country, the application of mandatory legal provisions of that country is not affected by the choice of law in sentence 1.
(3) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. For other cases, the applicable legal provisions apply to local and international jurisdiction.