General Terms and Conditions for the Pre-Order of the unu Scooter (Model 2019)
- unu GmbH
- Tempelhofer Ufer 17
- 10963 Berlin
("unu" or "We")
These General Terms and Conditions for the Pre-Order of the unu Scooter (Model 2019) (hereinafter: "Terms & Conditions") apply to all pre-orders of the unu Scooter (Model 2019) (the “Pre-Order”) of unu GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany (telephone number: +49 30 220 1212 99, e-mail: [email protected]).
Submitting a Pre-Order
- The display of the offered Pre-Order options on our website does not constitute a binding offer, but rather an invitation to submit a Pre-Order request.
- In the case of a Pre-Order via the website, the contract is concluded if (i) you follow the order process on the website and confirm the order by activating the button marked "Pre-Order now for a fee", (ii) we expressly confirm the Pre-Order by e-mail and, (iii) you have paid the down payment of 100 EUR (the “Down Payment”) with the method of payment selected by you.
- We will confirm the receipt of the Pre-Order immediately by e-mail. For clarification, we would like to point out that the confirmation of receipt does not constitute acceptance of a Pre-Order, unless expressly stated otherwise in this e-mail.
- We will also send you a copy of these Terms and Conditions by email so that they can be stored permanently. Beyond that we do not keep the contract documents for you.
- If a Pre-Order is made by other means, the contract for the Pre-Order is concluded in accordance with the statutory provisions by acceptance and offer.
- The subject of the Pre-Order is the reservation of an unu Scooter (Model 2019) as specified in the Pre-Order. With the Pre-Order you acquire the right to conclude a contract for the purchase of an unu Scooter (Model 2019) prior to the general public subject and in accordance with section 3, whereby the Down Payment is deducted from the purchase price. In addition, the Pre-Order entitles you to receive a discount of 100 EUR of the gross list price of the unu Scooter (Model 2019), a free helmet as well as a third year of guarantee (the “Limited Pre-Order Package”). The Limited Pre-Order Package can be pre-ordered until August 31, 2020.
- The Pre-Order does not entitle the customer to delivery of the unu Scooter (Model 2019).
- The Pre-Order serves exclusively to conclude a purchase contract for the unu Scooter (Model 2019) specified on the order. A refund of the Down Payment is only possible in the case of a revocation according to section 6 or withdrawal according to section 7.
Conclusion of the purchase contract
- At a suitable time after the Pre-Order period, we will offer you the reserved unu Scooter (Model 2019) under the terms listed above under section 2.1 for sale until December 31, 2020. For the avoidance of doubt: After December 31, 2020, you are not entitled to the Limited Pre-Order Package anymore.
- To conclude the purchase contract you will receive an email to the email address submitted in the Pre-Order process with a link that immediately directs you to our webshop with your configuration already selected where you can submit your order two weeks prior to the general public. Pre-Orders will be processed on a first come, first served basis. For the avoidance of doubt: Once the webshop has been open up to the general public, this also includes orders from the general public.
- We will confirm the receipt of your Pre-Order immediately by e-mail. For clarification we point out that the confirmation of receipt does not constitute an acceptance of an order, unless expressly stated otherwise in this e-mail.
- The purchase price for the unu Scooter (Model 2019) corresponds to the price displayed on the website for the selected model at the time of Pre-Order. Depending on the price level you have chosen for the Pre-Order, we will grant you the discount stated in the Pre-Order. The Down Payment will in any case be deducted in full from the purchase price. We can offer optional extras or higher quality models at our discretion for an additional charge.
- For the conclusion and execution of the purchase contract, our General Terms and Conditions shall apply. These can be viewed and retrieved at any time on our website.
Prices; Taxes; Exports
- The prices stated on our website include the statutory German value added tax (VAT) as well as other statutory excise taxes.
- If you move the unu Scooter (Model 2019) to another country within or outside the EU, you will be responsible for all duties, taxes and other charges that may be incurred. On export, the German value added tax may be refunded by the German tax authorities.
- If we offer a delivery abroad at the conclusion of the purchase contract, higher or lower excise taxes may apply. We will then offer the purchase contract at a correspondingly higher or lower purchase price; if the new purchase price is lower, we will refund the difference.
Payment methods and conditions
- The Down Payment for the Pre-Order is due upon conclusion of the Pre-Order contract. We offer the following payment methods:
- Bank transfer (SEPA)
- credit card
- Sofort bank transfer
- Upon conclusion of the purchase contract, we may offer further methods of payment at our own discretion.
Right of Withdrawal, Consequences of Withdrawal
- You have the right to revoke the Pre-Order within until December 31, 2020, without giving reasons. As soon as you have concluded the purchase contract for the unu Scooter (Model 2019) in accordance with section 4, this right of withdrawal does not apply anymore.
- In order to exercise your right of cancellation, you must inform us, unu GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany, e-mail: [email protected], of your decision to cancel this contract by means of a clear declaration, e.g. a letter, fax or e-mail sent by post. You can use this sample revocation form to ensure fast processing.
- In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
- If you cancel the Pre-Order, we will refund the Down Payment we have received from you immediately and no later than fourteen (14) days from the date we received notice of cancellation of this agreement.
- Within the Single Euro Payments Area (SEPA), the repayment is made by bank transfer to the international account number (IBAN) specified by you. With the revocation all rights described in this agreement expire.
- When purchasing the unu Scooter (Model 2019), a statutory right of revocation for consumers only exists if the purchase contract has been concluded by distance selling in accordance with section 4 and if no special equipment in accordance with customer specifications has been agreed.
- Sections 6.1 and 6.2 shall apply mutatis mutandis to this right of revocation with the provison that the revocation period shall be fourteen (14) days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In the event of revocation, we may refuse to refund until the unu Scooter (Model 2019) has been returned or you have provided proof that the unu Scooter (Model 2019) has been returned, whichever is earlier. You must hand over the goods immediately and in any case within fourteen (14) days at the latest from the day on which you informed us of the revocation of the purchase contract. This period shall also be deemed to have been observed if you send the goods to us before expiry of the period of fourteen (14) days. You bear the direct costs of returning the goods. We will inform you separately about this right of revocation when concluding the purchase contract.
Withdrawal after expiry of the withdrawal period
- You can also withdraw from the Pre-Order after the expiry of the revocation period according to section 6 if
- you decide not to conclude the purchase contract according to secton 3;
- there is a right of revocation for the purchase contract (see section 6.3) and you have exercised this in due time;
- there is a statutory right of withdrawal from the contract of sale or a contractual right of withdrawal agreed upon when the contract of sale was concluded and you have declared your withdrawal, e.g. if the rectification of material defects has failed; or
- the purchase contract is or becomes invalid for any other reason.
- We shall be liable without limitation in accordance with the statutory provisions for (i) damages resulting from injury to life, limb or health resulting from an intentional or negligent breach of duty by the Company, a legal representative and/or vicarious agent and (ii) other damages resulting from an intentional or grossly negligent breach of duty by unu, a legal representative(s) and/or vicarious agent.
- Insofar as we are or are deemed to be manufacturers, we shall also be liable in accordance with the provisions of the Product Liability Act or other applicable implementations of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States relating to liability for defective products in national law. The liability according to clauses 8.1, 8.3 and 8.4 remains unaffected by this.
- If we have promised a special guarantee or other strict liability, we shall be liable within the scope of the terms of this promise or, if nothing is stated herein, in accordance with the statutory provisions. Our liability according to clauses 8.1, 8.3 and 8.4 remains unaffected by this.
- We and our legal representatives or vicarious agents shall also be liable for damages resulting from a negligent breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely (so-called "cardinal obligations"). In this case, however, liability shall be limited to damages which are typical for the contract and foreseeable at the time of conclusion of the contract, unless a higher liability results from clauses 8.1 to 8.3.
- In all other cases, our liability for damages shall be excluded irrespective of the legal grounds.
- The exclusion of liability according to this clause 8 applies accordingly in favour of the legal representatives and organs as well as employees of unu GmbH.
Offsetting; Assignment; Translations
- You may only set off your claims against such counterclaims if these (i) arise from the same contractual relationship, or are not disputed by us, have been legally established or are ready for decision.
- You shall only be entitled to a right of retention against our claims to the extent that this arises from claims arising from the same contractual relationship.
- You may not assign, resell or otherwise transfer this Agreement and the rights contained herein in whole or in part to any third party without our prior written consent. If you are a merchant within the meaning of Section 1 of the German Commercial Code, Section 354a of the German Commercial Code remains unaffected.
- We may, at our discretion, translate these Terms and Conditions into other languages. In this case, only the Terms and Conditions in the language version in which you have gone through the ordering process are binding.
Applicable Law; Jurisdiction and Alternative Dispute Resolution
- This contractual relationship is subject to the substantive law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If you are a consumer, however, rights to which you are entitled according to the statutory provisions applicable at your place of residence and which cannot be contractually excluded remain unaffected.
- If you are not a consumer, the local courts responsible for Berlin, Germany, are exclusively responsible for disputes arising from or in connection with the agreement or these terms and conditions. However, we remain entitled to assert claims against you at your general place of jurisdiction.
- The European Commission provides consumers with a platform for online dispute resolution (OS) in accordance with Art. 14 para. 1 of Regulation (EU) No. 524/2013.
- Furthermore, we are neither obliged nor willing to participate in any dispute resolution proceedings before a consumer arbitration body within the meaning of the German Consumer Dispute Resolution Act (VSBG).