GENERAL TERM AND CONDITIONS
Table of contents
DATUM UG (limited liability)
Am Herrenweiher 29
Phone: +49 (0)176 34474 132
Availability: Monday - Friday, 10.00 am - 04.00 pm
Commercial register: Amtsgericht Wittlich HRB-Nr.: 44446
Legal representative: Simon Drobig
Tax-ID: 42 / 662 / 01046
VAT-ID: DE 320974389
General Terms and Conditions in the version dated 4th of March 2019
1) Scope of Application
1.1 These Terms and Conditions of the company DATUM UG (limited liability) (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop or one of the mail-order catalogues of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated in written form.
1.2 These Terms and Conditions shall also apply to the purchase of vouchers.
2) Offers/Conclusion of the Contract
2.1 The Seller's offers are always subject to change and non-binding. To conclude the contract, the Seller shall make German and English versions of the contract available to the Client.
2.2 Submitting the order to the Seller is considered a binding offer of the Client to conclude the contract. The Client shall be bound to this order for a period of 2 weeks.
2.3 For orders placed on the internet, the contract shall become effective within the period mentioned above, as soon as the Client receives the Seller's order confirmation (acceptance of order) or as soon as the goods ordered are delivered to the Client.
2.4 In the event that the Seller cannot accept the Client's offer, the Seller will also notify the Client within the period mentioned above.
3) The Client's Duties to Inform
When registering, the Client shall be obliged to provide true information. Should the data change during the term/processing of the contract, the Client shall be obliged to promptly notify the Seller of these changes. If the Client fails to do so, or if the Client provides incorrect information in advance, the Seller shall be entitled to cancel the concluded contract at no costs to the Seller. Any costs arising through the goods being sent to the wrong address due to incomplete or incorrect address details will be charged to the Client's account. As a contractual partner, the Client must ensure that the e-mail account provided can be reached and that the receipt of emails is not excluded due to forwarding, shut down or congestion of the account.
4) The Client's Right of Revocation
Consumers shall be entitled to the right of revocation according to the following provisions, whereby consumer shall be any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed activity.
Revocation Policy for the Delivery of Goods
Right of Revocation
The Client shall be entitled to revoke the concluded contract within a period of one month without stating reasons. The revocation period of one month commences upon the day when either the Client or a third party, who has been personally named by the Client and who is not the carrier, has taken ownership of the goods. If the Client has ordered several goods within one common order, and the goods are delivered separately, the revocation period of one month commences upon the day when either the Client or a third party, who has been personally named by the Client and who is not the carrier, has taken ownership of the last delivered item. If the Client has ordered an item which is delivered in several partial shipments or pieces, the revocation period of one month commences upon the day when either the Client or a third party, who has been personally named by the Client and who is not the carrier, has taken ownership of the last partial shipment or the last delivered piece. If the Client has ordered goods which shall be delivered regularly over a specified period, the revocation period of one month commences upon the day when either the Client or a third party, who has been personally named by the Client and who is not the carrier, has taken ownership of the first delivered item.
The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be directed at:
DATUM UG (haftungsbeschränkt),
(Phone: +49 (0)176 34474 132
Consequences of Revocation
If the Client revokes the contract, he shall be reimbursed all payments including the shipping costs (with the exception of the supplementary costs resulting from any mode of shipment other than the offered, least expensive mode of standard shipment chosen by the Client) without undue delay and in any event not later than a fortnight after receipt of the revocation notice. The reimbursement shall be effected using the same payment method as was used for the initial transaction, unless other terms have explicitly been stipulated; the Client will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until he has received the goods back or until the Client has supplied evidence of having sent back the goods, whichever is the earliest.
The Client shall send back the goods or hand them over without undue delay and in any event not later than a fortnight from the day when the Client has communicated the revocation of the concluded contract. The deadline is met if the Client sends back the goods before the period of 14 days has expired. The Client has to bear the direct cost of returning the goods. If the goods cannot be shipped as a parcel, the returning costs shall be estimated corresponding to and not exceeding the initial shipping costs. If the goods cannot be shipped as a parcel, the Seller shall furthermore organize the collection of the goods from the Client's premises if requested by the Client. If the Client exercises this option, the returning costs borne by the Client shall correspond to the initially quoted shipping costs.
The Client is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Revocation Policy
5) Terms of Delivery and Shipping/Place of Performance/Transfer of Risk
It is up to the Seller to choose the route and method of shipping. End consumers: For legal transactions between the Seller and end consumers, the performance risk in case of shipping shall be transferred to the Client upon handing over of the goods, or if the Client is in default of acceptance. Companies/Commercial Clients: For legal transactions between the Seller and companies/commercial clients, the shipping of the goods ordered shall be at the Client's own risk. As soon as the Seller has delivered the goods to the supplier/forwarding agent in good time, the Seller has fulfilled the obligation to perform the contract. For any delays occurring in the delivery process, only the supplier or the Client shall be responsible.
6) Payment Methods, Terms of Payment
Payment in advance:
PayPal: Online payment service.
Klarna: Online payment service.
Invoice: 15 days net, without deductions.
The Seller reserves the right to restrict the payment method to advance payment.
For commercial EU customers: Please state the EU VAT registration number when placing an order. If there is no such registration number or if not submitted, we shall be obliged to invoice the German VAT according to European law. This provision shall only apply to EU customers!
The Seller accepts no liability for errors in terms of price details.
8) Reservation of Property
All goods delivered shall remain the Seller's property until they have been paid in full, regardless of the expiry of the return period.
9) Removal of Defects/Warranty, Guarantee
9.1 The Seller grants a three-year warranty on the products delivered. The warranty claim shall be excluded, if the goods have not been used or maintained properly according to the manufacturer's recommendations. The warranty shall be granted after the Seller has chosen the appropriate remedy, either by repairing the defective product or by delivering a replacement product. The warranty period shall begin upon delivery of the goods.
9.2 In addition to the provision stipulated under article 9.1, it shall still be possible to raise legal warranty claims.
10) Online Dispute Resolution
Since 15 February 2016, the EU Commission has been providing a platform for extrajudicial mediation. This enables consumers to initially resolve disputes relating to their online order without judicial intervention. The Online Dispute Resolution platform can be found on the external link to the OS platform in accordance with Article 14 Paragraph 1 of EU regulation No. 524/2013:http://ec.europa.eu/consumers/odr/. In this context, we are legally obliged to indicate our e-mail address, which is: email@example.com. We try our best to amicably settle possible contractual disagreements with the customer. Furthermore, we are not obliged to take part in an arbitration process and unfortunately cannot offer our customers participation in such a process.
11) Data Protection
12) Applicable Law
These General Terms and Conditions and the contracts concluded between the Seller and the Client on the basis thereof are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.
13) Court of Jurisdiction
If the Client is a legal entity under public law or a separate estate under public law, the exclusive court of jurisdiction for all disputes arising from the contract shall be the court responsible for the Seller's place of business. The same applies, if the Client does not have the general court of jurisdiction in Germany or if the residence or usual place of residence is not known at the time of the action being filed
14) Severability Clause
Should individual terms of these General Terms and Conditions be or become ineffective, in whole or in part, the validity of the remaining provisions shall not be affected.