Terms of Service
1. Scope and Definitions
1.1 These Terms apply to the business relationship between the Provider, Unismartech
GmbH (Sternstr. 67, 40479 Düsseldorf, Germany; Managing Director: Alan Yang; Tel:
+49 157 3333 6389; Email: alan@unismartech.com), and the Customer. The latest
version at the time of order applies. Deviating terms proposed by the Customer shall
not be recognised unless the Provider agrees in writing.
1.2 This online store is open only to “consumers” as defined in § 13 of the German Civil
Code (BGB).
2. Conclusion of Contract
2.1 Product presentations do not constitute binding offers, but an invitation to the
Customer to submit an offer.
2.2 By adding products to the shopping cart and clicking “Checkout”, the Customer
submits a binding offer. Modifications can be made before submission. The offer is
submitted only after accepting these Terms.
2.3 The automated order confirmation merely acknowledges receipt of the order and does
not constitute acceptance. The contract is concluded upon the Provider’s separate “order
confirmation”. The contract text will be provided in a storable format and stored.
2.4 This contract is concluded in German.
3. Delivery and Product Availability
3.1 Delivery times are calculated from the date of the order confirmation, provided the
Customer has paid in advance (except for invoice purchases).
3.2 If a product is permanently unavailable, the Provider will not issue an acceptance
declaration and no contract is formed.
3.3 If a product is temporarily out of stock, the Provider will inform the Customer in the
order confirmation.
3.4 Delivery restriction: the Customer‘s domicile and delivery address must be in one of
the following countries: Germany, Austria, Belgium, Denmark, Estonia, Finland, France,
Hungary, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Spain (50
provinces), Czech Republic, Romania, Croatia, Slovenia, Latvia, Lithuania.
4. Retention of Title
4.1 Ownership of the delivered goods remains with the Provider until the Customer has
made full payment.
5. Prices and Shipping Costs
5.1 All prices shown on the website include statutory VAT.
5.2 Applicable shipping costs are stated on the order form page.
5.3 Goods are shipped via postal service. For consumers, the risk of loss during shipment
is borne by the Provider.
5.4 If the Customer exercises the right of withdrawal, the direct costs of return shall be
borne by the Customer.
6. Payment Methods
6.1 The Customer may pay by credit card.
6.2 The purchase price is due immediately after conclusion of the contract. In case of late
payment, the Customer shall pay default interest at 5 percentage points above the base
rate.
6.3 Payment of default interest does not exclude the Provider’s right to claim further
damages.
7. Warranty for Defects and Guarantee
7.1 The Provider shall be liable for material defects in accordance with applicable
statutory provisions (in particular §§ 434 et seq. of the German Civil Code).
7.2 An additional guarantee exists only if expressly stated in the order confirmation.
8. Liability
8.1 Claims for damages by the Customer are excluded in principle. Exceptions apply
to claims arising from injury to life, body or health; from breach of cardinal obligations
(obligations essential for proper performance of the contract and on which the
Customer regularly relies); and to other damages resulting from intentional or grossly
negligent breach of duty by the Provider, its legal representatives or vicarious agents.
8.2 In the event of a breach of cardinal obligations caused by simple negligence, the
Provider‘s liability is limited to typically foreseeable damage, except for claims arising from
injury to life, body or health.
8.3 The above limitations of liability also apply to claims asserted directly against the
Provider’s legal representatives and vicarious agents.
8.4 The limitations do not apply if the Provider has fraudulently concealed a defect, has
assumed a guarantee for quality, or has made an agreement with the Customer regarding
quality. The provisions of the Product Liability Act remain unaffected.
9. Right of Withdrawal
9.1 Consumers have a statutory right of withdrawal in distance selling contracts. The
Provider informs as follows:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any
reason. The withdrawal period expires fourteen days after the day on which you or a third
party designated by you (other than the carrier) takes physical possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision by an
unequivocal statement (e.g., a letter sent by post or email) to: Unismartech GmbH
(Sternstr. 67, 40479 Düsseldorf, Germany; Tel: +49 157 3333 6389; Email:
alan@unismartech.com). You may use the attached withdrawal form, but it is not
obligatory.
You meet the withdrawal deadline if you send your communication before the withdrawal
period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you,
including standard delivery costs (but excluding any additional costs resulting from your
choice of a more expensive delivery method), without undue delay and in any event not
later than fourteen days after we receive your withdrawal notice. Reimbursement will be
made using the same payment method, and you will not incur any fees.
We may withhold reimbursement until we have received the goods back or you have
supplied evidence of having returned them (whichever is earlier).
You must send back the goods within fourteen days of notifying us of the withdrawal and
shall bear the direct costs of return.
You are liable only for any diminished value of the goods resulting from handling beyond
what is necessary to establish their nature, characteristics and functioning.
9.2 Sample withdrawal form (complete and return):
To: Unismartech GmbH (address, phone, email as above)
I/We () hereby withdraw from the contract concluded for the purchase of the following
goods ()/provision of the following service (*)
Ordered on ()/received on ()
Consumer‘s name, address, signature (only for paper communication), date
(*) Delete as applicable.
10.Final Provisions
10.1 Contracts between the Provider and the Customer shall be governed by the laws
of the Federal Republic of Germany, excluding the United Nations Convention on
Contracts for the International Sale of Goods. Statutory provisions restricting the
choice of law and mandatory provisions of the country where the Customer has his
habitual residence as a consumer remain unaffected.
10.2 If the Customer is a merchant, a legal entity under public law, or a special fund under
public law, the place of jurisdiction for all disputes arising from the contractual relationship
shall be the Provider’s registered office.
10.3 If any individual provision of the contract is legally invalid, the remaining provisions
shall remain binding. The invalid provision shall be replaced by the relevant statutory
provision (if any). If such replacement would cause unreasonable hardship for either party,
the entire contract shall become invalid.
10.4 The European Commission provides an online dispute resolution (ODR) platform at:
https://ec.europa.eu/consumers/odr/. Consumers may submit complaints against online
retailers to initiate out-of-court dispute resolution procedures. Unismartech GmbH is
neither willing nor obliged to participate in such proceedings.