General Terms and Conditions of UKIBORI LTD.
The following General Terms and Conditions (“GTC”) set out below in Section A. govern the sale of products by UKIBORI LTD. (hereinafter also referred to as “Seller”, “we” or “us”) to consumers within the meaning of § 13 of the German Civil Code – BGB – (hereinafter referred to as “Customer” or “Buyer”) via the online shop https://www.renact.com revocation instruction follows after the GTC in section B.
A. General Terms and Conditions
1. Provider of the Online Shop
The online shop is provided by UKIBORI LTD. Strovolou 236 Strovolos, 2048, Nicosia/Cyprus e-mail: contact@renact.com Managing directors: Laurent Louis Jacques Buord, Amin El-Khalil, Christophoros Christophi
2. Scope of Application
For the sale and delivery of products via our online shop to consumers, the GTC shall apply in the version applicable at the time of conclusion of the contract. A consumer is any natural person who concludes a legal transaction for purposes which are predominantly attributed neither to his commercial nor to his self-employed activity.
3. Conclusion of Contract
- 3.1 UKIBORI LTD. becomes the contractual partner of the Customers. The presentation of the products in our online shop does not constitute a legally binding offer to conclude a purchase contract, but a non-binding presentation of our products.
- 3.2 Within the scope of the order, the Customer is obliged to provide personal details (e.g. name, address, e-mail address). Our data protection provisions apply to the processing of personal data.
- 3.3 All products in our online shop can initially be placed in the shopping cart without obligation. The products in the shopping cart and the corresponding quantities can be viewed by the Customer before the final submission of the order via the “My cart” tab. The Customer can check the entries before placing the order and correct or remove them at any time by pressing the delete button or by clicking the “Empty cart” button. The Customer can end the ordering process at any time by closing the browser window.
- 3.4 The legally binding offer to conclude a purchase contract is only made when the Customer presses the button “order with obligation to pay”.
- 3.5 After the order has been placed, we shall send the Customer an automatically generated e-mail confirming receipt of the order and specifying its details. Such an automatically generated e-mail is for information purposes only and does not constitute acceptance of the offer. The acceptance of the purchase offer shall take place either by means of an express declaration of acceptance or, without such a declaration, by sending the ordered product to the Buyer.
- 3.6 The order containing the details of the concluded contract (e.g. type of product or purchase price) will be stored by us.
4. Prices
- 4.1 For orders, the prices stated at the time of the order apply for the respective products plus shipping costs. All prices are stated including the statutory value added tax.
- 4.2 Despite the greatest care, products in our online shop may occasionally be marked with an incorrect price. We check the prices when processing orders:
- a) If the displayed price of a product in the online shop is too low, we will contact the Buyer before dispatch to give him the opportunity to agree to purchase the product at the correct price or to cancel the order free of charge.
- b) If the stated price of a product in the online shop is too high, we will only charge the correct price and ship the product.
5. Terms of Delivery
- 5.1 The ordered products will be delivered to the address provided by the Customer. Self-collection of the purchased goods is not possible.
- 5.2 We shall be entitled to make partial deliveries insofar as the interests of the Customer are not unreasonably impaired thereby. Partial deliveries shall not result in any additional costs for the Customer.
- 5.3 Delivery of the products within the Federal Republic of Germany regularly takes place within three to five days. This does not constitute a binding delivery date.
- 5.4 Should we determine during the order process that one or more of the products ordered by you is/are not available, we will contact the Customer separately. The Customer’s statutory claims remain unaffected.
- 5.5 If the order includes products whose sale is subject to age restrictions, we will ensure that the Customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The delivery of the ordered products is only carried out by the shipping service provider after a personal identity and age check has been carried out. Delivery to packing stations is excluded for orders of products whose sale is subject to age restrictions.
- 5.6 We shall be released from the obligation to deliver if a case of force majeure occurs after conclusion of the contract, for example in the case of official measures, operational disruptions, strikes, natural disasters, pandemics or other unforeseeable events over which we have no influence. If such an impediment to performance exists for longer than four weeks, the Customer shall be entitled to withdraw from the purchase contract. A right to damages exists in the cases regulated in this clause 5.6 only insofar as we can be accused of intent, gross negligence or a breach of essential contractual obligations.
6. Terms of Payment
- 6.1 We offer the following payment methods in our online shop:
- a) Direct debit When ordering, the Customer authorises us to collect the purchase price by direct debit from the account specified.
- b) Credit card During the order process, the Customer must provide his/her credit card details. After legitimation as a legitimate cardholder, the transaction is carried out automatically and the purchase price is charged to the specified card.
- c) Prepayment If the payment method prepayment is selected, we will state our bank details in a separate e-mail to the Customer. The goods will be dispatched after receipt of payment.
- 6.2 Payment of the purchase price shall be due immediately upon conclusion of the contract. If the due date for payment on the invoice is determined according to the calendar, the Customer shall already be in default by missing this date without the need for a prior reminder.
7. Transfer of Risk
The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer when the sold goods are handed over to him.
8. Retention of Title
The goods shall remain the property of the Seller until the purchase price has been paid in full.
9. Warranty
- 9.1 The statutory warranty rights shall apply. Attention: Please consult a doctor immediately in the event of any intolerances. Clarify in advance possible interactions with other products taken by you at the same time.
- 9.2 Claims for damages arising from material defects and/or defects of title (§ 437 No. 3 BGB) shall become statute-barred after one year from delivery.
10. Disclaimer
- 10.1 We shall be liable without limitation for damages arising from an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents.
- 10.2 We shall also be liable for the slightly negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the Customer may regularly rely on. In such a case, our liability is limited to the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
- 10.3 The above limitations of liability do not apply to damages resulting from injury to life, body or health, liability under the Product Liability Act or fraudulently concealed defects.
- 10.4 If the Customer’s actions violate statutory provisions and/or infringe the rights of third parties, the Customer shall indemnify us against all claims arising therefrom. In this case, the Customer shall be obliged to bear all costs which are asserted against us in this connection or which we incur, in particular also the costs for an appropriate legal defence.
11. Offsetting; Right of Retention
- 11.1 Offsets against claims against us shall only be permissible if the offsetting claim is undisputed or has been recognised by us or has been legally established. Otherwise, offsets against us are excluded.
- 11.2 The Customer may only exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
12. Online Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution, which can be accessed at the following link: https://ec.europa.eu/consumers/odr.We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. Our e-mail address is: https://contact@renact.com/
13. Final Provisions
- 13.1 The contractual language is German.
- 13.2 The contracts concluded in our online shop are subject to the law of the Federal Republic of Germany excluding the conflict of laws and excluding the provisions of the UN Convention on Contracts for the International Sale of Goods – CISG.
- 13.3 Should one or more provisions of this contract prove to be invalid or unenforceable in whole or in part, or should the contract contain a regulatory gap, this shall not affect the validity of the remaining provisions of this contract. In place of the invalid or unenforceable provision or in order to fill gaps in the provisions, the legally permissible provision shall apply which, in terms of its meaning, purpose and economic effect, comes closest to what the parties intended or would have intended if they had considered the invalidity or unenforceability of the relevant provision or the gap in the provision.
B. Revocation
1. Right of Revocation
The Customer has the right to revoke this contract within fourteen days without giving any reason.The revocation period is fourteen days from the day on which the Customer or a third party named by him who is not the carrier has taken possession of the goods (or, in the case of separate delivery of several goods, of the last goods, or, in the case of delivery of one good in several partial consignments or pieces, of the last partial consignment or piece).In order to exercise the right of revocation, the Customer must inform us (UKIBORI LTD., Strovolou 236, Strovolos, 2048, Nicosia/Cyprus telephone: +357 22 495707, e-mail: contact@renact.com by means of a clear declaration (e.g. letter sent by post, fax or e-mail) of his/her decision to revoke this contract. The Customer may use the enclosed model revocation form for this purpose, which is, however, not https://mandatory.to/ comply with the revocation period, it is sufficient that the Customer sends the notification of the exercise of the right of revocation before the expiry of the revocation period.
2. Consequences of Revocation
In the event that the Customer revokes this contract, we shall reimburse the Customer for all payments we have received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery offered by us other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of the revocation of this contract. For this repayment, we will use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no case will the Customer be charged for this repayment. We may refuse repayment until we have received the goods back or until the Customer has provided proof that he has returned the goods, whichever is the earlier. The Customer shall return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which he notifies us of the revocation of this contract. The deadline is met if the Customer sends the goods before the end of the fourteen-day period.The Customer shall bear the direct costs of returning the goods. The Customer shall only be liable for any loss in value of the goods if this loss in value is due to handling by the Customer that is not necessary for checking the condition, properties and functioning of the goods.
3. Exceptions to the right of revocation
The right of revocation does not apply to
- a) contracts for 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;
- b) contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the Consumer is decisive or which are clearly customised to the personal needs of the Consumer) contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
4. Model Revocation Form
To
UKIBORI LTD.
Strovolou 236
Strovolos, 2048, Nicosia/Cyprus
contact@renact.com
I/We(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods:
Ordered on(*)
Received on(*)
Name of the consumer(s):
Address of the consumer:
Date:
Signature of the consumer(s)
(only for revocation in paper form)
(*) Delete where not applicable