General Terms and Conditions
These General Terms and Conditions ("GTC") apply to all declarations of intent, contracts and legal transactions or actions similar to legal transactions by unu GmbH ("unu") with its customers (i.e. "you"). Counter-confirmations by you with reference to your own terms and conditions of business and/or purchase are expressly rejected; these do not become part of agreements unless the conditions are expressly confirmed in writing by unu.
2.1. You are a "consumer" if you conclude a legal transaction with unu within the meaning of Section 13 of the German Civil Code (BGB) for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity.
2.2. You are an "entrepreneur" if, when concluding a legal transaction with unu within the meaning of Section 14 of the German Civil Code (BGB), you act in the exercise of your commercial or independent professional activity.
2.3. "unu scooters" are fully electrically powered scooters of vehicle class L1e-B, which move at up to 45 km/h by means of an electric motor in the rear wheel and may be driven with both a class AM driver's license and a car driver's license (class B).
3. Subject of the contract
3.1. The subject of the contract are the services that you order via www.unumotors.com at the prices stated in the online store. They may include in particular the following services (hereinafter collectively referred to as "goods"; see in particular clause 5): Purchase of unu scooters; depending on your choice, plus helmet and/or replacement battery and other accessories, if applicable.
3.2. unu sends you an automated confirmation email after receipt of your order. It contains the goods you have selected, your configurations, the order data and these terms and conditions including the cancellation policy. You can also view the terms and conditions at any time at https://unumotors.com/de/terms-and-conditions.
4. Conclusion of contract
4.1. The range of offers on the website www.unumotors.com is non-binding. With your order you make a binding offer to conclude a purchase contract. After sending the order, you will receive an automated confirmation email from unu. This, as well as any status reports, does not constitute an acceptance of the offer. unu can accept your offer within five days after receipt of the order by an explicit declaration. Upon receipt of the acceptance (order confirmation), the contract is concluded. The sending of the ordered unu scooter and the confirmation of shipment to you are equivalent to an express declaration of acceptance by unu; this does not apply if you have chosen payment in advance.
4.2. The contractual partner of the contract concluded via www.unumotors.com for the purchase of a unu scooter is unu.
4.3. Only the German language is available for the conclusion of the contract.
5. Acquisition of goods, condition & availability
5.1. The condition of the goods ordered by you results from the respective description of goods in the online store. Since you configure your unu scooter yourself (e.g. choice between different motor strengths that enable different acceleration), its quality depends on your selected configuration. For technical reasons, color representations in the online store within the same color spectrum may differ from the actual color of the goods (e.g. different shade of red). Such deviations do not represent a defect of the goods.
5.2. If a product is not available or temporarily unavailable despite the prior conclusion of a corresponding purchase or creation contract, unu will inform you of this in good time after the order in the order confirmation by e-mail. Until the goods in question are available again, unu is then released from its obligation to perform and can withdraw from the contract if the goods are permanently unavailable. This does not apply if unu is responsible for the unavailability. If unu wants to withdraw from the contract, unu will immediately exercise the right of withdrawal and will immediately refund any payments made. In the event of a delay in delivery of more than four weeks, you have the right to withdraw from the contract, whereby the statutory right of withdrawal (Section 10) is not affected.
6.1. In order to be allowed to drive your unu in Germany, you must have at least a motor vehicle liability insurance with the corresponding insurance license plate. You have the possibility to obtain both a motor vehicle liability insurance and a comprehensive insurance with insurance license plate through our cooperation partner, the Funk Gruppe GmbH, Valentinskamp 20, 20354 Hamburg (hereinafter referred to as "insurance partner"). The insurance premium is calculated specifically for your unu scooter. For this purpose, you must give your consent to the transmission of your name and e-mail address to our insurance partner in the course of the order.
6.2. The insurance has a term of one year. It begins on March 1 of each year and ends at the end of February of the following year (hereinafter referred to as "insurance year"). The insurance premium is due at the beginning of the term in each case. Insurance policies taken out during the year also have a term until the end of the following February. For an insurance policy taken out during the year, a pro rata insurance premium is due upon conclusion of the insurance contract. The insurance ends at the end of an insurance year if it is not renewed for the following insurance year. You will be offered a non-binding renewal one month before expiration.
6.3. You will receive an email with a link to the insurance page during the delivery process (shortly before your unu scooter is handed over to the logistics partner). On a special landing page you will find all important information about the insurance conditions. There you can directly conclude your insurance via the online form. Afterwards, the insurance certificate will be sent to you by e-mail, and the license plate will be sent to you by mail within a few working days.
7. Prices, Shipping & Payment
7.1. The prices stated on www.unumotors.com at the time of ordering the goods or commissioning the conclusion of the insurance contract shall apply. The prices are final prices and include the applicable statutory VAT, all other price components excluding shipping costs. These are shown separately in the webshop. unu also reserves the right to charge additional shipping costs if you are not present at the agreed delivery date (see section 9) and you have not taken any precautions to secure the agreed delivery (e.g. presence of a representative authorized to receive the unu Scooters). The same applies if the delivery fails due to your insufficient delivery and contact information.
7.2. You can choose between different payment methods. unu offers the payment methods credit card and PayPal in the webshop. Through our support, we also offer the payment method prepayment. The mentioned payment methods are available in the "shopping cart" and are also described on the homepage www.unumotors.com.
7.3. unu accepts various credit cards (Visa, Master Card, American Express). In case of credit card purchase, your credit card account will be charged as soon as we accept your order. Credit card processing via Visa, Master Card or American Express is handled by Stripe Payments Europe, Ltd, The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.
8.1. Deliveries will only be made to the delivery addresses within the Federal Republic of Germany that can be selected in the configurator (hereinafter also referred to as the "service area"). You must notify unu immediately of any change in the delivery address confirmed at the time of the order. Changes of the delivery address, which are communicated less than seven days before the planned delivery date, cannot be considered if necessary. In any case, delivery will only be made to the service area.
8.2. Deliveries include the services you have chosen.
8.3. Ordered goods will be shipped according to their size either as a package (eg helmets) or by freight forwarding (scooters including batteries and possibly helmets). The delivery by forwarding agency takes place at your desired date. For the purpose of arranging the desired date, the forwarding agent will contact you by phone or in writing. The delivery will be made to the curb.
8.4. If you have commissioned our insurance partner to arrange an insurance contract, you will receive the insurance policy and any necessary accompanying documents directly from our insurance partner.
8.5. unu takes back the sales packaging. To ensure the nationwide return of sales packaging, unu participates in a disposal system within the meaning of Section 6 (3) of the Packaging Ordinance, i.e. the carrier takes the packaging with it for the purpose of disposal.
8.6. unu is entitled to withdraw from the contract if the delivery fails twice for reasons for which you are responsible. In the event of withdrawal, payments already made by you, less shipping costs, will be refunded.
8.7. If the packaging and/or goods show obvious transport damage, you should report this immediately to the carrier and to unu, in order to enable and facilitate unu to assert its own claims against the carrier. The report has no effect on your warranty rights.
9. Delivery times
9.1. The expected delivery date will be displayed directly in the web store depending on the selected configuration. The delivery time is calculated from the time of our order confirmation, assuming prior payment.
9.2. If you are an entrepreneur, you must grant unu a reasonable grace period if the provision or delivery deadline is exceeded.
9.3. In cases of force majeure, the delivery period shall be extended accordingly. Force majeure includes, but is not limited to, strikes, lockouts, government intervention, shortages of energy and raw materials, transport bottlenecks, operational hindrances such as fire, water, machine damage and lightning strikes, and all other hindrances that unu could not foresee and for which unu is not responsible. You will be informed immediately by unu of the start and end times of such delivery hindrances.
10. Right of withdrawal
10.1. For consumers (cf. section 2.1. of these terms and conditions), a statutory right of withdrawal applies, about which unu provides the following information:
10.2. If you order a product, you have a statutory right of withdrawal
The right of withdrawal does not apply to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
For all other services, the warranty shall be governed by the statutory provisions, whereby the place of subsequent performance shall in each case be the location of the nearest partner workshop in the service area to which the unu Scooter was delivered to you by us. Partner workshops that only perform service work on the unu Scooter Classic are not considered partner workshops within the meaning of this Section 11. Any transport and travel costs to the partner workshop from outside the service area shall be borne by you.
We are liable for your unu scooter in accordance with our warranty policy, which was valid at the time of the conclusion of the contract, but only to you as the customer. Any claims under the warranty can not be transferred to secondary purchasers.
13.1. Claims for damages due to breach of duty and tort as well as claims for reimbursement of futile expenses are excluded both against unu and against its agents and vicarious agents. This includes all costs and/or compensation for other inconveniences caused by an inaccuracy or an indication of an incorrect delivery address and/or contact information.
13.2. unu is not liable for the fact that the arranged insurance is sufficient for you. In particular, unu is not liable for the fact that you have agreed on a sufficient amount of coverage with the insurance partner and that the occurrence of the insurance obligation for all cases required for you has been agreed upon.
13.3. Furthermore, unu is not liable for the lack of characteristics on your part, which are legally required for the operation of unu Scooters (e.g. presence of a driver's license).
13.4. These limitations of liability shall not apply if the damage was caused intentionally or by gross negligence, or in the event of a breach of material contractual obligations, i.e. contractual obligations the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely, and the breach of which, on the other hand, jeopardizes the attainment of the purpose of the contract. In the event of a breach of such material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the contractual partner's claims for damages are based on injury to life, limb or health. Furthermore, these limitations of liability shall not apply to damages resulting from injury to life, body or health if unu is responsible for the breach of duty. Furthermore, the limitation shall not apply to damages based on the absence of a warranted characteristic, for which liability is provided for under the Product Liability Act or for which the warranty was assumed pursuant to Section 12.
13.5. If no essential contractual obligation has been violated, our liability shall be limited to the foreseeable damage typical for the contract.
14. Ban on offsetting
You are not entitled to set-off, except for the cases mentioned in the following sentence. The offsetting prohibition does not apply if the counterclaims of unu are not disputed, legally established or ready for decision and/or your (warranty) rights are affected.
15. Retention of title
15.1. The delivered goods remain the property of unu until full payment of the purchase price and settlement of all claims arising from the supply contract.
15.2. If you are an entrepreneur (clause 2.2.), you already now assign all claims that you acquire against your customer from a resale of the goods to unu in the full amount by way of security and are revocably authorized to collect these claims. unu will only revoke the collection authorization and collect the assigned claims itself if you are an entrepreneur and do not properly meet your payment obligations.
15.3. If you are an entrepreneur (section 2.2.), you must immediately notify unu of any seizure by third parties of goods owned or co-owned by unu. If you are an entrepreneur, you shall bear the costs for an extrajudicial release arising from such interventions.
16.1. I hereby declare my consent that UNU may store my provided data (first and last name, city, cell phone number as well as email address), use them for the purpose of processing the purchase as well as the associated delivery and contact me for product information by phone call, email or letter, unless I have objected to this. I am aware that I can revoke this consent at any time by sending an email to firstname.lastname@example.org.
17. Final provisions
17.1. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be Berlin.
17.2. The contract shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If you are a consumer (section 2.1), the mandatory consumer protection provisions that apply in the country in which you have your habitual residence shall apply, provided that they offer you further protection.
17.3. The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. unu is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.