GENERAL TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS
These terms & conditions exclusively apply to the use of our website www.uccellino.de and the conclusions of distance contracts regarding the sales of products presented thereon.
Online shop provider and your contractual partner is:
uccellino
Owner Ulrike Plüschau
Melkerstieg 6
22559 Hamburg
E-mail: info@uccellino.de
Phone: +49 40 819764 59
Hereinafter referred to as "uccellino" or "we". Our customers will be referred to as "customer" or "you". Please read the following Terms and Conditions carefully before placing an order. With your order at www.uccellino.de you accept these Terms & Conditions!
1. Scope of Application
1.1
These General Terms and Conditions (GTC) apply exclusively to all business relations between "uccellino" and you as customer, even if the website of "uccellino" is accessed from outside the Federal Republic of Germany. The purchaser is a consumer ( §13BGB ), as far as they use the order exclusively for private purposes and not for their commercial professional needs.
1.2
uccellino" does not recognise any terms and conditions that contradict or deviate from these and hereby expressly objects to them, unless "uccellino" has agreed to their validity in writing in individual cases.
2. Conclusion of Contract
2.1
The presentation of our goods in the online shop shall not be considered binding offer but an invitation to order. Errors Expected.
Contracts can be concluded in German or in English.
The sending of your order constitutes a binding offer to conclude a sales contract. Subsequently we will send you an email containing the acknowledgement of your order and its details. This order confirmation does not represent an acceptance of the offer. It shall only inform you that the order has been received by "uccellino". A sales contract is only concluded when "uccellino" either confirms the delivery in writing or by e-mail (order confirmation) or delivers the goods to you. Goods contained in one and the same order which are not listed in the order confirmation are excluded from the sales contract.
2.2
Verbal ancillary require written confirmation by "uccellino" in order to be effective.
2.3
The product details contained on the website of "uccellino" or on other information material are only approximately authoritative. The delivered goods may differ slightly in quality and colour from the goods shown on the website of "uccellino". In particular, any slight colour deviations that may occur between the illustrations on the website and the delivered article are due to technical reasons and therefore do not constitute a defect. Furthermore "uccellino" reserves the right to make reasonable changes and deviations in the goods.
3. Withdrawal
Consumers are entitled to a right of revocation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor their independent professional activity.
3.1 Right of Withdrawal
You have the right to revoke this contractual order without stating reasons within a fourteen-day period. The revocation period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal you must inform us
uccellino | Ulrike Plüschau
Melkerstieg 6 | 2259 Hamburg
Fax: +49 40 819764 60 | email: info@uccellino.de
with a clear statement (e.g. a letter sent by post, fax or an e-mail) about your decision to cancel your contract.
You may use the attached sample revocation form for this purpose, but this is not obligatory.
The timely dispatch of the cancellation shall be deemed sufficient for compliance with the withdrawal deadline.
3.2 Consequences of Withdrawal
If you revoke this contract, we are immediately and at the latest within fourteen days upon receipt of the notification of this contract´s cancellation, obliged to return all payments that we have received from you, including shipping charges (with the exception of additional costs resulting from you selecting a different type of delivery to the cheapest standard delivery we offer). For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in any event, we shall not charge you any fees on the basis of this refund.
We may refuse to return the refund until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever the earlier.
You are required to send us back or hand over the goods immediately and in any event within fourteen days of informing us of the cancellation of this contract. The deadline shall be deemed to have been met if the goods are sent before the fourteen-day expiry period.
You shall bear the direct costs of returning the goods below an order value of 50€. The fee for shipping is not refundable in the event of a return.
You will only required to compensate for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on your part to test the condition, features and mode of operation of the goods.
3.3 Exclusion of the Right of Withdrawal
The right of revocation does not apply to 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 tailored to the personal needs of the consumer.
Sample revocation form
If you want to cancel the contract, please fill in the sample form and send it back to us by fax, email or post.
4. Prices
4.1 All prices are inclusive of the statutory value added tax (VAT) of currently 19% and are shown in euros.
Additionally we charge a shipping cost flat rate, the amount of which depends on the order value or rather the country of dispatch and is shown under the link "shipping costs" on the product pages and displayed separately in your basket.
4.2
With the publication of a new catalogue/update of the "uccellino" website, all previous prices become invalid. The prices are valid until the publication of the next catalogue/update. We assume no liability for printing errors in the price information.
5. Payment methods | Maturity
You can pay for your order by Advance payment | Klarna | PayPal | Credit card ( MasterCard, Visa ).
Advance Payment
If you would like to pay in advance, please transfer the invoice amount to our bank account within 5 working days after completing the order and receiving the confirmation email.
You will receive the bank details in the order confirmation. Please state the order number, which you will receive in the confirmation email after the order has been completed, as the purpose of payment. As soon as we have received the payment, we will then automatically arrange for the goods to be dispatched.
Klarna
If you want to use Klarna as a method of payment, you will be redirected to Klarna after placing your order. All necessary details will be transferred safely to Klarna, so you can make the payment securely and easily. Possible only in Germany and Austria. Klarna offers the options:
Buy now, pay later- no additional charges if you pay within the 14 days period.
Once your order is shipped, you will receive an email from Klarna with more information about your payment.
Monthly financing - you pay in monthly installments that Klarna offers you depending on the purchase amount. The possible installment plan is displayed by Klarna, from 6,12,24 and 36 months. You will receive more information from Klarna after your purchase. uccellino has no influence on whether you can purchase with "Pay later".
Pay now - a direct bank transfer that works with your online banking details. You choose your bank and country and log in with your online banking details. Once the bank transfer is successful, the merchant receive a confirmation and process the order.
Direct Debit - if you choose the direct debit payment method, the money will automatically be debited from your account after the merchant informs us about the shipment.
PayPal
If you want to use PayPal as a form of payment, you will be redirected to the PayPal site during the order process. All necessary details will be securely transmitted to PayPal, so that you can make the payment safely and easily. Should the forwarding not work properly, you can also make the payment manually to PayPal. Your PayPal account will be charged with the invoice amount on the due date.
Credit Card
Pay conveniently and securely by credit card. We accept Visa and Master Card. Your credit card will only be charged once the goods are shipped to you. Of course, we always treat your personal data strictly confidentially and comply with all applicable security regulations.
6. Delivery Terms
6.1
For all payment methods Paypal and credit card, the goods will be dispatched after the order has been completed and the payment data have been approved.
In the case of prepayment, we ship after receiving the payment on our account.
6.2
Delivery reservation and minimum order value: We deliver
-only from a minimum order value of 15,00 €. This minimum order value also applies to partial deliveries
-only while stocks last
-within Germany | EU countries and non-EU countries. For the exact selection of countries please refer to the country selection in the shop. We only deliver to other countries by special agreement.
The delivery time is 2-3 working days within Germany, Austria 3-4 days, all other EU countries 7-10 working days and to Non-EU countries about 14-20 days.
With payment prepayment calculated from receipt of payment on our account.
We are entitled to withdraw from the contract if the delivery of the goods fails again through your fault after two unsuccessful delivery attempts. Any payments made by you will be refunded in this case. The delivery is always carried out by a parcel shipper on our behalf. With the handover of the goods to the delivery company, the supplier has fulfilled their obligation to perform and the risk is transferred to the customer.
6.3.
In exceptional cases "uccellino" is entitled to make partial deliveries, as far as this is reasonable for you. If "uccellino" is not able to deliver the ordered goods through no fault of their own because the supplier of "ucccellino" does not fulfil its contractual obligations, "uccellino" is entitled to withdraw from the contract with you. In this case "uccellino" will inform you immediately. Your further legal claims remain unaffected.
7. Shipping Costs
7.1
For parcel deliveries until 5 kg within Germany you will pay a shipping fee of € 4.95 | from 5 kg - 31,5 kg € 7.90 per delivery at "uccellino". If, in exceptional cases, we charge a higher flat rate, this will be shown accordingly during the ordering process. The shipping costs for other countries depend on the order value or the country of delivery.
Bulky goods are shipped by a forwarding agent. Unless otherwise agreed, in this case, delivery is free to the curb, as is usual for forwarding agents. The customer is responsible for the disposal of the packaging and pallet.
National forwarding charges € 39,90 | all other shipping costs can be found under the heading Service | Shipping.
Our forwarding partners deliver to you on weekdays (Monday to Friday) during normal office hours between 8 a.m. and 6 p.m.
If you order items with parcel and forwarding agent delivery at the same time, we will only charge the higher shipping costs per delivery address.
Please note that you are responsible for all shipping costs of return and this amount will be deducted from your refund. Goods returned freight collect will not be accepted. You are responsible for the organization of the return.
8. Reservation of Title
"uccellino" reserves the right of ownership of the delivered goods until full payment of the purchase price and other ancillary costs, in particular the shipping costs, has incurred.
9. Warranty
9.1
Warranty claims relating to used goods delivered by us shall become time-barred one year after delivery to the customer. We shall be liable for material defects in accordance with the statutory provisions applicable to such defects. In case of defects of the delivered goods, you are entitled to the statutory rights.
However, the provisions of $ 8 of these General Terms and Conditions shall apply to claims for damages.
10. Liability | Compensation
10.1
Claims for damages due to obvious material defects of the delivered goods are excluded if you do not notify "uccellino" about the defect within a period of two weeks after goods have nee delivered.
10.2
The liability of "uccellino" for damages, regardless of the legal grounds (in particular in the case of delay, defects or other breaches of duty) is limited to the foreseeable damage typical for the contract.
10.3
The above limitations of liability do not apply to the liability of "uccellino" due to intentional behaviour or gross negligence, for guaranteed characteristics, due to injury to life, body or health or according to the product liability law.
11. Governing Law
11.1
Generaqlly the law of the Federal Republic of Germany shall applies; the application of the UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for all legal disputes arising from contracts between "uccellino" and entrepreneurs is Hamburg. Irrespective of the amount in dispute, in individual cases "uccellino" is entiteled to choose the local or regional court as the court of first instance. The same shall apply if the customer is a consumer without a general place of jurisdiction in Germany, if he has moved his residence or usual place of abode abroad after conclusion of the contract or if his residence or usual place of abode is unknown at the time of the commencement of legal action.
Online Dispute Resolution Platform
The European Commission provides a platform for out-of-court online dispute resolution at https://ec.europa.eu/consumers/odr/ .
We are not obliged to participate in arbitration proceedings. We do not take part in a dispute settlement procedure before a consumer arbitration board.
GENERAL TERMS & CONDITIONS
Consumers are entitled to a right of revocation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.
Right of Withdrawal
You have the right to revoke this contractual order without stating reasons within a fourteen-day period. The revocation period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal you must inform us
uccellino | Ulrike Plüschau
Melkerstieg 6 | 2259 Hamburg
Fax: +49 40 819764 60 | email: info@uccellino.de
with a clear statement (e.g. a letter sent by post, fax or an e-mail) about your decision to cancel your contract.
You may use the attached sample revocation form for this purpose, but this is not obligatory.
The timely dispatch of the cancellation shall be deemed sufficient for compliance with the withdrawal deadline.
Consequences of Withdrawal
If you revoke this contract, we are immediately and at the latest within fourteen days upon receipt of the notification of this contract´s cancellation, obliged to return all payments that we have received from you, including the shipping charges (with the exception of additional costs resulting from you selecting a different type of delivery than the cheapest standard delivery we offer). For this refund, we use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in any event, we shall not charge you any fees on the basis of this refund. We may refuse to return the refund until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever the earlier.
You are required to send us back or hand over the goods immediately and in any event within fourteen days of informing us of the cancellation of this contract. The deadline shall be deemed to have been met if the goods are sent before the fourteen-day expiry period. We bear the costs of the return of the goods. You are only required to compensate for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on your part to test the condition, features and mode of operations of the goods.
You shall bear the direct costs of returning the goods below an order value of 50 €.
The fee for shipping is not refundable in the event of a return.
You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their condition, properties and functioning.
Exclusion of the right of Withdrawal
The right of revocation does not apply to 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 tailored to the personal needs of the consumer.
Sample revocation form
If you want to cancel the contract, please fill in the sample form and send it back to us by fax, email or post.
DATA PROTECTION
All personal data collected by uccellino on our website are stored and processed exclusively for your individual support. If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all services offered is - as far as technically possible and reasonable - also permitted without the provision of such data or by providing anonymous data. The use by third parties of contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers and e-mail addresses for the purpose of sending information not expressly requested is not permitted. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition. We would like to point out that data transmission over the Internet (e.g. communication by e-mail) may be subject to security gaps. A complete protection of data against access by third parties is not possible.
Data collection and storage
Every web server automatically registers access to the websites. When a visitor visits the site, our hoster's web server stores the visitor's IP address, the date of access, the URL, the content accessed and the information transferred during the connection in order to maintain system security. This information remains anonymous for us. It is therefore not possible to draw conclusions about a person. Further personal data is only collected if the user has provided it voluntarily, for example, in the course of registration or ordering. Insofar as personal data has been made available to us, we use it only to answer enquiries, to process orders and for technical administration. Personal data will not be passed on to third parties. Unless we are obliged to do so as a result of mandatory legal regulations. Our site may contain links to other websites. We have no influence on the data protection regulations of the other operator.
Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.
DATA PROTECTION
Every browser stores so-called cookies when you visit a page. Cookies are files that are intended to make a visit to our site more user-friendly.
By means of a cookie, the information and offers on our website can be optimised for the user. Cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system.
Another example is the cookie of a shopping basket in the online shop. The online shop uses a cookie to remember the articles that a customer has placed in the virtual shopping basket.
If you do not wish this, you can prevent this at any time in the settings of your browser by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programmes. If cookies are deactivated in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.
Contact form
If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.
DATA PROTECTION
This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Under no circumstances will Google link your IP address to other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purpose described above. The collection and storage of data can be objected to at any time with effect for the future. In view of the discussion about the use of analysis tools with complete IP addresses, we would like to point out that this website uses Google Analytics with the extension "_anonymizeIp()" and therefore IP addresses are only processed in abbreviated form in order to exclude the possibility of direct personal references.
Objection to data collection
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie is set to prevent the collection of your information on future visits to this site: Disable Google Analytics. You can find more information on how Google Analytics handles user data in the Google privacy policy: https://support.google.com/analytics/answer/6004245?hl=de
LEGAL NOTICE
uccellino
Ulrike Plüschau
Melkerstieg 6
22559 Hamburg
fon: +49 (0)40 819764 59
fax: +49 (0)40 819764 60
email: info@uccellino.de
Sales tax identification number according to § 27 a sales tax law: DE207953585
You can reach our customer service on weekdays from 9:00 am - 6:00 pm.
If you cannot reach us, please leave a message or your telephone number on our answering machine or by e-mail. We will call you back immediately!
Copyright
The layout of this website as well as all contributions and graphics used on it are protected by copyright. A further use of any kind, especially the adoption of content in online services, is not permitted without written permission.
All illustrations are subject to copyright, reproductions only with permission of uccellino.
All products are registered at the patent office, any misuse will be prosecuted.
Official link to the online dispute resolution platform of the European Commission:
https://ec.europa.eu/consumers/odr/