§ 1 Scope

(1) Deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions in the version valid at the time of the order. These are part of all contracts that UnternehmenDigital (hereinafter referred to as “Seller”) concludes with customers (hereinafter referred to as “Buyer”) regarding the goods offered by the Seller via the Internet. Differing conditions from the purchaser will not be recognized unless the seller expressly agrees to their validity in writing.

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Offer and conclusion of contract

(1) By pressing the “Complete order” button, the buyer makes a binding offer to purchase the goods in the shopping cart. However, the offer can only be made and transmitted if the buyer accepts these terms and conditions by clicking on the checkbox for general terms and conditions and right of withdrawal and thereby includes them in his offer and confirms that he has been informed of his right of withdrawal.

(2) The seller then sends the buyer an automatic confirmation of receipt by email, in which the buyer’s order is listed again. The automatic confirmation of receipt only documents that the buyer’s order has been received by the seller and does not constitute acceptance of the offer. The contract is only concluded through another email in which express acceptance is declared.

§ 3 Delivery and availability of goods

(1) If no copies of the product selected by the buyer are available at the time of the buyer’s order, the seller will inform the buyer of this. If the product is permanently unavailable, the seller will not issue a declaration of acceptance. A contract is not concluded in this case. The seller will immediately reimburse any payments the buyer has already made.

(2) If the product specified by the buyer in the order is only temporarily unavailable, the seller will also inform the buyer of this. If delivery is delayed by more than two weeks, the buyer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. The seller will immediately reimburse any payments the buyer has already made.

§ 4 Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the goods.

In order to exercise your right of withdrawal, you must contact us

Unternehmendigital GmbH
Mälzerstraße 3
D-07745 Jena

Telephone: 036413161170

Email:  fagus.pauly@unternehmendigital.de

inform you of your decision to withdraw from this contract by means of a clear statement (eg a letter sent by post, fax or email). You can use the following sample cancellation form, although this is not mandatory.

Note: A full refund for the returned item will only be given if the product is in the same condition as it was sent by us. For returns that are grossly dirty, we charge a cleaning fee of EUR 35.

Return address for returns

Unternehmendigital GmbH
Mälzerstraße 3
D-07745 Jena

Telephone: 036413161170

Email:  fagus.pauly@unternehmendigital.de

——————————————————————————————————————–

Sample cancellation form

At

Unternehmendigital GmbH
Mälzerstraße 3
D-07745 Jena

Telephone: 036413161170

Email:  fagus.pauly@unternehmendigital.de

I/we* hereby revoke the contract concluded by me/us* for the purchase of the following goods:

Ordered on*/received on*: Name of consumer: Address of consumer: Signature of consumer (only for paper notification): Date:

*Strike out what is not applicable —————————————————————————————————————————————–

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; Under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, properties and functionality of the goods.

Note: A full refund for the returned item will only be given if the product is in the same condition as it was sent by us. For returns that are grossly dirty, we charge a cleaning fee of EUR 35.

End of revocation

Notes: (1) The right of withdrawal is excluded for contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature. Otherwise, the legal exceptions apply in accordance with Section 312 d Paragraph 4 of the German Civil Code (BGB).

(2) If the product is returned without product packaging, the buyer may have to pay compensation.

§  5 Prices and payment

(1) The seller only accepts the payment methods shown to the buyer during the ordering process.

(2) The purchase price plus packaging and transport costs is due upon conclusion of the contract.

(3) Details about shipping costs can be found in the Payment & Shipping link.

§ 5.1 Installation purchase by easyCredit

(1) grade

The following supplementary conditions (hereinafter General Terms and Conditions) apply between you and us for all contracts concluded with us in which installment purchase by easyCredit (hereinafter installment purchase) is used.

In the event of a conflict, the additional comments in §5.1 take precedence over other general terms and conditions of UnternehmenDigital.

Installment purchase is only possible for customers who are consumers in accordance with Section 13 of the German Civil Code (BGB) and have reached the age of 18.

(2) Installation purchase

For your purchase, UnternehmenDigital, with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter TeamBank AG), offers you installment purchase as an additional payment option.

UnternehmenDigital reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice (see section II below). If it is not possible to use the installment purchase due to insufficient creditworthiness or the UnternehmenDigital sales limit being reached, UnternehmenDigital reserves the right to offer you an alternative billing option.

The contract for an installment purchase is concluded between you and UnternehmenDigital. With installment purchase, you decide to pay off the purchase price in monthly installments. Monthly installments must be paid over a fixed term, although the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment has been made.

The claims arising from the use of installment purchase are assigned by UnternehmenDigital to TeamBank AG as part of an ongoing factoring agreement. Payments can only be made to TeamBank AG with a debt-discharging effect.

(3) Installation payment via SEPA direct debit

By issuing the SEPA direct debit mandate with the installment purchase, you authorize them

TeamBank AG will collect the payments to be made through the installment purchase from your checking account specified in the ordering process at the credit institution specified there by means of a SEPA direct debit.

TeamBank AG will notify you of the collection by email no later than one calendar day before the SEPA direct debit is due (pre-notification). The move will take place at the earliest on the date specified in the advance notice. A later, more timely move-in can take place.

If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. through credits), the amount debited may differ from the amount stated in the pre-notification.

You must ensure that your checking account has sufficient funds at the due date. Your credit institution is not obliged to honor the direct debit if there are not sufficient funds in the checking account.

If a return debit occurs due to insufficient funds in the checking account, due to an unjustified objection by the account holder or due to the expiration of the checking account, you will be in default even without a separate reminder, unless the return direct debit results from a circumstance for which you are not responsible have.

The fees charged by your TeamBank AG credit institution in the event of a return debit will be passed on to you and must be paid by you.

If you are in default, TeamBank AG is entitled to charge an appropriate reminder fee or default interest of five percentage points above the respective base interest rate of the European Central Bank for each reminder.

Due to the high costs associated with a return direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with UnternehmenDigital by transferring the corresponding amount back or by issuing a credit note.

§  6 Offsetting and right of retention

The buyer is only entitled to offset if and to the extent that his counterclaims have been legally established, are undisputed or have been recognized by the seller. The buyer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase contract.

§ 7 Shipping

Unless a fixed deadline or date has been agreed in writing, deliveries and services must be carried out as quickly as possible, but at the latest within a period of approximately four weeks. If the seller does not meet an agreed delivery date, the buyer must give the seller a reasonable grace period, which must in no case be less than two weeks.

§ 8 Warranty

(1) If the goods delivered are defective, the buyer is entitled to his legal rights.

(2) The fundamentally possible lack of compatibility of individual items with one another or with items from third parties does not constitute a defect within the meaning of Section 8 Paragraph 1.

(3) However, the special provisions of § 9 apply to the buyer’s claims for damages.

§ 9 Liability and compensation

(1) The buyer’s claims for damages due to obvious material defects in the delivered goods are excluded if he does not notify the seller of the defect within two weeks of delivery of the goods.

(2) The seller’s liability for damages, regardless of the legal basis (particularly in the event of delays, defects or other breaches of duty), is limited to the foreseeable damage that is typical for the contract.

(3) The above liability limitations do not apply to the seller’s liability due to intentional behavior or gross negligence, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.

§ 10 Refusal of acceptance

If the goods are not accepted (refusal of acceptance) by cash on delivery, the seller will invoice the buyer for the resulting shipping costs at a flat rate of EUR 15.00, or abroad at a flat rate of EUR 30.00.

§ 11 Retention of title

(1) The seller reserves ownership of the delivered goods until the purchase price for these goods has been paid in full. While the retention of title exists, the buyer may not sell the goods (hereinafter: reserved goods) or otherwise dispose of ownership thereof.

(2) If third parties – in particular bailiffs – access the reserved goods, the buyer will point out that the goods are the property of the seller and notify the seller immediately so that he can enforce his property rights.

(3) If the buyer behaves in breach of contract, in particular in the event of late payment, the seller is entitled to demand return of the reserved goods provided that he has withdrawn from the contract.

§ 12 Disclaimer of liability through external links

The seller provides links to other sites on the Internet on his pages. The following applies to all of these links: The seller expressly declares that he has no influence on the design and content of the linked pages. Therefore, he hereby expressly distances himself from all content of all linked third-party sites on UnternehmenDigital and does not adopt this content as his own. This declaration applies to all links displayed and to all content of the pages to which links lead.

§ 13 Image rights

All image and text rights belong to the seller or the manufacturer. Use without express permission is prohibited.

§ 14 Miscellaneous

(1) All declarations submitted as part of the contractual relationship with the seller must be made in writing.

(2) This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions remain unaffected.

As of September 26, 2023

Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.