General Terms and Conditions4TRONYX Entertainment GmbH, Robert-Koch-Str. 50 / 55129 Mainz, Germany
(henceforth referred to as "4TRONYX")
§ 1 Scope of Application(1) The contractual relationships between 4TRONYX, and private consumers and professionals, which use 4TRONYX's internet-offers (in the following 'Customer') are subject to the following Terms and Conditions (in the following 'Ts&Cs'). The Ts&Cs apply to the use of the website www.youniik.com as well as all related sub-domains. The contractual relationship is subject to the Ts&Cs in force at the time of the contract's completion.
(2) 'Consumer' means any individual who buys or agrees to buy products and/or services from 4TRONYX for purposes which are outside his trade, business or profession. 'Professional' means any individual or legal entity who buys or agrees to buy products and/or services from 4TRONYX in his commercial or professional capacity.
§ 2 Conclusion of the Contract(1) The offers made by 4TRONYX via Internet are non-binding invitations to the Customer to order products from 4TRONYX.
(2) By placing an order to purchase a product from 4TRONYX via internet the Customer makes a binding offer aiming at the conclusion of a contract.
(3) 4TRONYX is entitled to accept the Customer's offer by issuing an order confirmation within 5 working days, or by issuing a confirmation that the product has been dispatched or by sending the ordered product directly to the address named in the Customer's offer). The order confirmation is will be issued via e-mail. Any product not confirmed will not form part of the contract.
§ 3 Payment, Settlement Date, Delay of Payment(1) Products ordered via the internet must be paid in advance, via bank transfer, credit card or PayPal. 4TRONYX has the right to accept or decline certain types of payment in certain individual cases.
(2) In the case of advanced payment the customer is obliged to pay the full amount immediately following the contract's conclusion. In case of PayPal payment the ordered products will be delivered after confirmation of payment. In case of purchase on account (invoice), the customer is obliged to settle the invoice within 14 days following delivery of the goods. In case of credit card payment, the credit card will be charged once the goods/products have been shipped.
(3) During a period of delayed payment the Customer is liable for any negligence.
(4) Interest is payable on an outstanding amount for the full duration of the default period. The rate of default interest will be 5% per annum above the ECB basic interest rate. In the case of legal transactions to which a consumer is not a party the interest rate for claims for remuneration will be 8% above the basic interest rate.
(5) The right to claim additional loss is not excluded.
§ 4 Delivery(1) The ordered product will be delivered to the address, specified in the Customer's order.
(2) The Customer is liable to pay handling and shipping costs detailed in the Online-Store. If the delivery address is outside of Germany, 4TRONYX is entitled to calculate and additionally charge the costs for packing and shipping to the required destination according to the weight of the good.
(3) If the Customer requires a special form of delivery which exceeds the normal handling and shipping fees, the Customer will be required to pay the additional costs.
(4) If the Customer obtains the product for his commercial or professional activity he bears the risk of the product's accidental loss or damage as soon as 4TRONYX has handed it to the forwarding agent, the freight carrier or any other individual or institution charged with delivery.
§ 5 Passing of OwnershipThe ownership of the products passes to the Customer only when full payments have been made. Prior to the passing of ownership the Customer must not pledge the delivered goods, use it as security assignment, process or reshape it without the explicit consent of 4TRONYX.
§ 6 PriceThe price, specified in the online-offer is the total product price, including VAT or other components. Shipping fees are not included in the stated price and will be charged in addition.
§ 7 Termination(1) 4TRONYX has the right to terminate the contract at any time, including the case where part delivery has been made or is outstanding, if false information about the Customer's financial capacity has been supplied or apparent reasons for the Customer's financial incapacity have arisen (e.g. institution of insolvency or bankruptcy proceedings against the Customer's assets or rejection of a respective application due to lack of funds ). The Customer has the right to provide an advance payment or a suitable security, to prevent termination.
(2) Notwithstanding any claims of damages, in the case of a part-delivery and termination from the contract at this stage those items and products which have been delivered to the Customer must be invoiced and paid in line with the contract.
§ 8 Statutory Rights(1) Consumers:
a) It is 4TRONYX's responsibility to ensure that the product is free of faults at the moment of handing it over to the Customer. If a fault shows within six months after delivery, it will be presumed that the product had been faulty at the time of handing over, except if that supposition is not in accordance with the type of product or type of fault. If the fault becoms apparent after the expiration of six months, then the Customer must demonstrate and provide prove that the product was faulty at the time of delivery.
b) If the product is faulty, the Customer has the right to choose between the contract's fulfilment by repair of the product or by the replacement of the product. 4TRONYX is entitled to refuse the chosen type of fulfilment if that is only achievable with unreasonable costs and the other type of fulfilment does not bring considerable disadvantages to the Customer.
c) If the contract's fulfilment can not be achieved the Customer has the right, according to his choice, to reduce the payment of the price or withdraw from the contract and to claim damages. If the fault is minor the Customer has no right to withdraw from the contract.
d) The Customer's statutory rights expire within two years. If a used product has been sold the statutory rights expire within one year.
a) If an order is part of a Customer's trading business, then the Customer is obliged to check the delivered goods immediately regarding deviations from specified condition and amount. 4TRONYX must be notified by the Customer of visible defects or deviations within a one week. If notification is not made within one week then statutory rights will be excluded. Non-visible damage or defect in the supplied product must be reported in writing within one week from discovery. The punctual dispatch of the notification suffices to comply with the time limit. In this case the Customer will have to prove all conditions for his claims under statutory rights, in particular the specific fault itself, the time of its discovery and the timeliness of the faults reporting.
b) In cases of a manufacturing fault or damaged product 4TRONYX will repair or replace the product according to 4TRONYX's decision.
c) The Customer's statutory rights expire after one year from receipt of goods.
(3) If 4TRONYX replaces the product it may require the Customer to return the faulty product or removed parts.
(4) 4TRONYX is not liable for defects due inappropriate or non-contractual handling by the Customer.
§ 9 Limitation of Liability(1) 4TRONYX is liable for claims arising out of death, injury to body, or health. In respect to other loss or damage, 4TRONYX accepts liability as far as they have been caused by wilful misconduct or gross negligence or by breach of an essential contractual duty by 4TRONYX or persons whom it employs to perform its obligation. A duty is essential if its fulfilment makes it possible to carry out the contract and if the Customer may usually trust in its fulfilment. Any further responsibilities for loss or damage are excluded. This condition does not affect any guarantees issued by 4TRONYX or rights under the Produkthaftungsgesetz (Product-safety-law).
(2) According to the current state of technique it can not be guaranteed that the transmission of data via internet will be error-free and/or possible at any time. 4TRONYX is therefore not responsible for the all-time availability of the on-line-shop.
§ 10 Governing law and jurisdiction(1) All legal issues arising from this contract are subject to the laws of Germany. This does not apply to a Consumer if it would deprive him of relative protections granted by mandatory legal provisions under the laws of that state where he has his permanent residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
(2) If the Customer is a tradesman, a legal entity or special asset under public law the contractual relationship is subject to exclusive jurisdiction of the courts responsible for the district where 4TRONYX has its seat registered. The same applies if the Customer has no place of general jurisdiction in Germany or if its place of residence or its whereabouts are unknown at the time of lodging the claim.