GENERAL TERMS AND CONDITIONS („GTC“)
of unu GmbH (Managing Directors: Elias Atahi, Pascal Leonard Blum und Mathieu Caudal), Tempelhofer Ufer 17, 10963 Berlin registered with the commercial register of the local beim Amtsgericht Berlin under HRB 185696 B (hereinafter „unu“)
Phone: +49 (0)30 220 121 298
§ 1 Scope of application
These General Terms and Conditions apply to all declarations of intent, contracts and legal or similar acts of unu with its customers (i.e. “you”). Counter-confirmations by you with reference to your own business and/or purchasing conditions are expressly contradicted; these do not become part of agreements unless the conditions are expressly confirmed in writing by unu.
§ 2 Definitions
- You are a "consumer" if you enter into a legal transaction with unu within the meaning of Section 13 German Civil Code (BGB) for purposes which can predominantly neither be attributed to your commercial nor your self-employed professional activity.
- You are an "entrepreneur" if, when concluding a legal transaction with unu within the meaning of Section 14 German Civil Code (BGB), you are acting in the exercise of your commercial or self-employed professional activity.
- "unu electric scooters" are fully electric scooters which can be driven at up to 45 km/h by means of an electric motor in the rear wheel and may be driven both with an AM driving licence and a B driving licence.
§ 3 Subject matter
- Gegenstand des Vertrags sind die Leistungen, die Du über www.unumotors.com zu den im Onlineshop angegebenen Preisen bestellst. Sie können insbesondere die folgenden Leistungen umfassen(hereinafter jointly referred to as "goods"; see in this regard in particular item 5): Purchase of unu electric scooters; depending on your choice plus helmet and/or spare battery.
- unu will send you an automated confirmation e-mail after receipt of your order. It contains the goods selected by you, your configurations, the order data and these terms and conditions including the revocation instruction. You can also view the GTC at any time at https://unumotors.com/de/terms-and-conditions.
§ 4 Conclusion of contract
- The range of services on the website www.unumotors.com is non-binding. With your order you make a binding offer to conclude a purchase contract. After sending your order you will receive an automated confirmation email from unu. Neither this nor any status reports represent any acceptance of the offer. unu can accept the offer from you within 5 days after receipt of the order by means of an express declaration. The contract is concluded upon receipt of the declaration of acceptance (order confirmation). The sending of the ordered unu electric scooter and the confirmation of dispatch to you are equivalent to an explicit declaration of acceptance by unu; this does not apply if you have chosen prepayment as payment method.
- The contractual partner of the contract concluded via www.unumotors.com for the purchase of an unu electric scooter is unu.
- The following languages are available for the conclusion of the contract: English.
§ 5 Acquisition of goods, condition & availability
- The condition of the goods ordered by you results from the respective product description in the online shop. Since you configure your unu electric scooter yourself (e.g. choice between three different motor strengths, which allow a different acceleration), its nature depends on your chosen configuration. For technical reasons, colour representations in the online shop within the same colour spectrum may differ from the actual colour of the goods (e.g. other shades of red). Such deviations do not constitute a defect of the goods.
- If a product is not or temporarily not available despite the prior conclusion of a corresponding purchase or creation contract, we will inform you immediately after the order in the order confirmation by e-mail. Until the goods concerned are available again, unu shall then be released from its obligation to perform and may withdraw from the contract in the event of permanent non-availability. This does not apply if unu is responsible for the unavailability. If unu wishes to withdraw, 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 two weeks, you have the right to withdraw from the contract, whereby the statutory right of withdrawal (item 10) is not affected.
§ 6 Insurance
- In order to be allowed to drive your unu in Germany, you must have at least a motor liability insurance with the corresponding insurance number. You have the possibility through our cooperation partner, Funk Gruppe GmbH, Valentinskamp 20, 20354 Hamburg (hereinafter referred to as "cooperation partner"), to obtain both a motor liability insurance and a comprehensive insurance with insurance number. The insurance premium is specially calculated for your unu. To do so, you must give your consent to the transfer of your name and e-mail address to our cooperation partner in the course of the order.
- 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 the "insurance year"). The insurance premium is due at the beginning of the term. Insurance policies taken out during the year also run until next February. For an insurance policy taken out during the year, a pro rata insurance premium is payable on conclusion of the insurance contract. The insurance ends at the end of an insurance year if it is not extended for the following insurance year. You will be offered a non-binding extension one month before the expiry date.
- During the delivery process (as soon as we have reserved your unu for you) you will receive an email with a link to the insurance page. A special landing page contains all important information about the insurance conditions. There you can take out your insurance directly via the online form. The insurance policy will then be sent to you by e-mail and the number plate by post within two working days.
§ 7 Prices, Shipping & Payment
- The prices quoted at www.unumotors.com at the time of ordering the goods or placing the order for the conclusion of the insurance contract shall apply. The prices are final prices and include the applicable statutory value added tax, all other price components and shipping costs. However, unu reserves the right to charge shipping costs if you are not present on the agreed delivery date (cf. item 9) and you have not taken any precautions to secure the agreed delivery (e.g. presence of a representative authorized to accept the unu electric scooter). The same applies if the delivery fails due to your insufficient delivery and contact information.
- You can choose between different payment methods. unu offers the payment methods credit card, SEPA direct debit, Sofortüberweisung, PayPal and payment by instalments in our webshop. Through our support we also offer the payment method prepayment. The above payment options are available to you in the "shopping cart" with the exception of prepayment and are also described on the homepage www.unumotors.com
- unu accepts various credit cards (Visa, Master Card, American Express). In the case of credit card purchases, your credit card account will be charged as soon as we accept your order. Credit card transactions via Visa, Master Card or American Express are carried out byStripe Payments Europe, Ltd., The One Building, 1 Grand Canal Street Lower, Dublin 2, Irland (hereinafter "Stripe").
- It is possible to arrange an installment without a down payment. If you choose to pay by instalments, you consent to the transfer of your personal data and that of your order to Santander Consumer Bank AB for the purpose of checking your identity and creditworthiness, as well as the execution of the contract.
- If SEPA Direct Debit has been chosen as the payment method, you will be asked to submit your account number and bank code (or your IBAN and BIC). You hereby authorize Stripe to collect a one-time payment from your account by direct debit. At the same time, you instruct your bank to redeem the direct debit drawn to your account by payone. Within eight (8) weeks, starting with the debit date, you may request a refund of the amount debited. The conditions agreed with your bank apply. You can therefore revoke the SEPA mandate at any time in writing. The direct debit is collected 5 working days after the transmission of the SEPA mandate. The period of notice (hereinafter "Pre-Notification") shall be reduced to two (2) days. If unu has announced the debit in good time by way of pre-notification, you must reimburse unu the costs of a chargeback for which you are responsible, which arise due to insufficient account funds, incorrect bank details or an unjustified objection on your part against the debit.
§ 8 Delivery
- Deliveries are made only to the delivery addresses within the Federal Republic of Germany that can be selected in the configurator. You must inform us immediately of any change in the delivery address confirmed at the time of ordering. Changes to the delivery address communicated less than seven days prior to the scheduled delivery date may not be considered.
- Deliveries include the services you have chosen.
- Ordered goods are shipped either as a parcel (e.g. helmets) or by forwarding agent (scooter including batteries and possibly also helmets) according to their size. The delivery will be made on your desired date. For the purpose of arranging the desired date, the forwarding partner will contact you by telephone or in writing if you are not available. The forwarding delivery takes place up to the curb.
- If you have commissioned the brokerage of an insurance contract, you will receive the insurance policy and any necessary accompanying documents directly from our insurance cooperations partner.
- unu takes back the sales packaging. In order to guarantee the comprehensive return of sales packaging, unu is involved in a disposal system within the meaning of § 6 paragraph 3 of the Packaging Ordinance, i.e. the freight forwarder takes the packaging with him for disposal.
- unu is entitled to withdraw from the contract if the delivery fails three times for reasons for which you are responsible. In case of withdrawal, payments already made by you will be refunded.
- If packaging and/or goods show obvious transport damage, you should report this immediately to the deliverer and to unu in order to enable and facilitate the assertion of your own claims against the deliverer. This message has no effect on your warranty rights.
§ 9 Delivery times
- Depending on the selected configuration, the expected delivery date will be displayed directly in the unu webshop. The delivery time is calculated from the time of our order confirmation, whereby a prior payment is assumed.
- If you are an entrepreneur, you must grant us a reasonable grace period if the provision or delivery period is exceeded.
- In cases of force majeure, the delivery period shall be extended accordingly. Force majeure includes, but is not limited to, strikes, lockouts, official intervention, energy and raw material shortages, transport bottlenecks, operational disruptions, for example due to fire, water, machine damage and lightning strikes and all other obstructions which unu could not foresee and is not to blame for. You will be informed by unu immediately of the start and end dates of such impediments to delivery.
§ 10 Right of revocation
For consumers (cf. clause 2.1. of these terms and conditions) a statutory right of revocation applies, about which unu informs as follows:
If you order a product, you have a legal right of revocation, about which unu instructs as follows:
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The period of revocation is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (unu GmbH, Tempelhofer Ufer 17, 10963 Berlin, phone: +49 (0) 30 220121298, fax: +49 (0) 30220121295, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you have sent the goods before the expiry of the fourteen day deadline.
You bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 150.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, properties and functioning of the goods.
If you finance this contract through a loan and later revoke it, you are no longer bound to the loan contract, provided that both contracts form an economic unit. This can be assumed in particular if we are also your lender or if your lender makes use of our assistance with regard to financing. If we have already received the loan when the revocation takes effect, your lender will enter into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation.
If this contract is revoked, you are also no longer bound by a contract connected with this contract if the connected contract concerns a service provided by us or a third party on the basis of an agreement between us and the third party.
Model Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
To unu GmbH
Tempelhofer Ufer 17
Fax: +49 (0)30220121295
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable.
– End of the revocation instruction –
The right of withdrawal does not apply to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§ 11 Guarantee
For all other services, the warranty is based on the statutory provisions.
§ 12 Warranty
For unu electric scooters, unu is liable according to the warranty that was valid at the time the contract was concluded.
§ 13 Liability
- Claims for damages due to breach of duty and from tort as well as claims for reimbursement of futile expenses are excluded against unu as well as against its vicarious agents and vicarious agents. This includes all costs and/or compensation for any other inconvenience caused by inaccuracy or providing an incorrect delivery address and/or contact information.
- 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 a sufficient amount of cover with the cooperation partner and the occurrence of the insurance obligation has been agreed for all cases that are necessary for you.
- Furthermore unu is not liable for the lack of characteristics on your part which are legally required for the operation of unu electric scooters (e.g. existence of a driving licence).
- These limitations of liability shall not apply if the damage was caused intentionally or through gross negligence, or in the event of a breach of material contractual obligations, i.e. the performance of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, and their violation on the other hand endangers the achievement of the purpose of the contract, whereby we are only liable for the contract-typical, foreseeable damage in case of violation of such essential contractual obligations, if this was caused simply negligently, unless it concerns claims for damages of the contract partner from an injury of life, body 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 does not apply to damages which are based on the absence of a warranted characteristic, for which liability is provided for under the Product Liability Act or for which the guarantee has been assumed in accordance with Section 12.
- Insofar as no essential contractual obligation has been violated, our liability is limited to the foreseeable damage typical for this type of contract.
§ 14 Offsetting Ban
Except in the cases mentioned in the following sentence, you are not entitled to set-off. The offsetting prohibition does not apply if the counterclaims of unu are not disputed, legally established, or mature for decision and/or your (warranty) rights are affected.
§ 15 Reservation of Proprietary Rights
- 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.
- If you are an entrepreneur (Section 2.2.), you hereby assign all claims which you acquire against your customer from a resale of the goods as security in full to unu and are revocably authorised to collect these claims. unu will only revoke the collection authorisation and collect the assigned claims itself if you are an entrepreneur and do not properly meet your payment obligations.
- If you are an entrepreneur (Section 2.2.), you must notify us immediately of access by third parties to the ownership or co-ownership of our goods. If you are an entrepreneur, you will bear the costs for an out-of-court release resulting from such interventions.
§ 16 Take-back and Recycling
Your battery will be taken back via the Gemeinsame Rücknahme System, GRS Service GmbH, Heidenkampsweg 44, 20097 Hamburg (hereinafter referred to as "GRS"). You can therefore return the battery contained in your unu to all participating public and private disposal points in the GRS network of qualified collection points. You can find out which is your nearest disposal point at www.grs-batterien.de. If unu batteries are not delivered to you in an unu installed, unu charges a deposit of EUR 7.50 including the statutory value added tax for each unu battery in addition to the purchase price according to item 8. This does not apply if you return an old battery at the time of purchase. The deposit collected by unu will be refunded when the unu battery is returned.
Your charger can be returned via DR Deutsche Recycling Service GmbH, Schanzenstraße 37, 51063 Cologne (hereinafter "Deutsche Recycling"). You can therefore return the charger contained in your unu to all participating public and private disposal points. You can find out which one is for the nearest disposal point at www.deutsche-recycling.de.
§ 17 Data Privacy
The data protection practice of unu is in accordance with the applicable laws, in particular the General Data Protection Regulation, the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). All information on the collection, processing and use of personal data of users can be found in the Data Protection Declaration.
§ 18 Gift and Offer Codes; Referral Program
- unu may in due course offer eligible consumers "gift codes" or "offer codes" through a variety of promotional campaigns and communications (collectively, "offer codes" in this Agreement) that are redeemable upon purchase on our site - while stocks last - and subject to any trade exclusions or other restrictions that may be determined and communicated by unu at the point of sale at which the offer codes are provided and/or on the site with respect to the products concerned. Only valid offer codes provided or advertised by unu will be redeemed at the checkout. Codes provided or advertised by third parties not authorized by unu (including websites of unauthorized third parties) are not valid. The offer codes advertised by unu are not transferable and only valid for one-time use on (one) commercial product(s) as determined by unu. Offer codes may not be combined; customers may only redeem one offer code per order. Offer codes may not be used in conjunction with the unu referral program. Promotional codes cannot be used for the purchase of non-branded goods or shipping costs. For online purchases, the code is entered in the "Offer code" field at the checkout. Offer codes are not valid in showrooms or stores, but can only be redeemed online. unu is not liable for lost, stolen or damaged codes or unauthorized use of the codes. Offer codes cannot be redeemed for cash or cash equivalent; codes are not paid or credited. The monetary value of an offer code will not be refunded or credited if one or all goods are returned. Certain expiry dates may apply to the respective offer codes. Offer codes are void if they are reproduced, transmitted, sold, exchanged or expired or if this is otherwise prohibited.
- unu may in due course engage speakers, opinion formers, bloggers or other natural or legal persons who have been compensated and motivated to speak on behalf of the trademark. If you receive an offer code about a third party source, such as the presenter of a TV or radio show, please note that these persons will be remunerated by unu for their statements.
- unu offers brand advocates the opportunity to make recommendations to friends through the unu Referral Program. Participation in the program is subject to the terms of unu.
§ 19 Final Provisions
- 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 is Berlin.
- The contract shall be governed exclusively by the law of the Federal Republic of Germany. The validity 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 applicable in the country in which you have your habitual residence are applicable, provided that they offer you further protection.
- The European Commission is providing an online dispute resolution (OS) platform, which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration body.