Terms and conditions
§ 1 Validity
The following conditions apply for the sales of goods and provisions of services by Unit One Motor GmbH. They are only valid for our company. We only sell to suppliers, industrials and wholesalers. A trading license has to be provided.
Our contractual partner affirms knowledge of our trading conditions as well as his agreement towards the therewith given terms.
§ 2 Data protection
The personal data collected by Unit One Motor GmbH throughout the trading interaction will solely be used for purposes of implementation of the contract and customer care.
You have the right at any time to know what your data are being used for or to have them locked or erased from our database. We keep the data collected to the necessary minimum.
We do not account for data loss or misuse while the data are being transferred via the internet (for example due to technical problems with the provider).
§ 3 Our offers/bargains
All offers are non-binding and thus do not commit Unit Motor GmbH to accepting any orders.
§ 4 Prices
All prices are in Euro and include the current sales tax.
Our prices are ex-factory net prices and include transportation and packaging. The giving out of prices does not equal or induce any actual offer.
Skonto allowances or discounts without prior mutual agreement are not feasible.
§ 5 Transport in Germany
Transport in Germany has to be paid either via cash on delivery or payment in cash.
§ 6 Delivery
1. Unit Motor One GmbH delivers the goods according to the contractual agreements. If a date of delivery has been set, we will do our best to meet the deadline. Unit One Motor GmbH is authorized to render partial services within a reasonable range.
2. If Unit One Motor GmbH fall behind on a delivery, the customer will have to grant a period of grace of at least two weeks. Furthermore, the seller is authorized to withdraw partly or wholly from the contractual deal.
3. The risk is delegated to the customer at the moment Unit One Motor GmbH or the delivery man hand the goods over to the forwarder, carrier or other person, assigned for transport. If a delay of the shipping is caused by the customer then Unit Motor One GmbH is not responsible.
4. Goods are non-returnable, except with a written return-guarantee by the seller.
5. If the customer picks up goods on his own terms, he has to take care of insuring them adequately.
§ 7 Defects
The buyer has to check the goods immediately upon delivery. Defects have to be reported within 7 days after recieving the goods. The forwarding expenses will naturally be paid back by the seller in case of justifiable defects or wrong deliveries. Returns will only be accepted if already paid for by the sender.
Returns have to be sent to us, on our agreement, within 14 days. Later deliveries will not be accepted.
§ 8 Right of withdrawal
The customer is authorised to withdraw from the contract according to § 3 of the German Distance Selling Act. For further information on the settlement of the withdrawal see § 10.
§ 9 Returns
If the customer withdraws from the contract, according to § 3 of the German Distance Selling Act, he has to bear the costs of the reconsignement if the price of the goods ordered does not exceed an amount of 40 Euro. The reconsignement is free if initially the wrong goods had been delivered to the customer.
§ 10 Accountability and Warranty
There is no warranty for toys, except if the goods have been damaged during delivery. Toys are also non-returnable. There is no warranty for remainders.
Unit One Motor GmbH Is not responsible for third party liability towards the customer.
If by the purchase of products rights of a third party are being harmed, Unit Motor One GmbH will generally not be responsible, only if we give out a written statement beforehand claiming that we take such responbibility.
The buyer herewith accepts that the seller is freed of claims regarding third party rights or liability towards a third party.
As both contractual partners act under a business to business relation, the seller is freed of legal guarantees. The seller is not accountable for guarantees towards any end-user.
Products that are sold by Unit One Motor GmbH with manufacturer´s warranty have to be sent to us or the factory without any extra costs on our side. They are to be picked up at our store afterwards. There is no recourse for these products.
§11 reservation of proprietary rights
We reserve all proprietary rights to the subject matter of the contract of sale until receipt of all settlements due to us from the buyer. Any infringement of contractual obligations on the part of the buyer, in particular any outstanding settlements, shall entitle ourselves to recover the subject matter of the contract of sale. The buyer is only allowed to dispose of the purchased goods before they have been fully paid for with a written agreement from our side. In case of third party acces of the goods, especially garnishment of the object of purchase, the buyer is obligued to report this to us in writing and to inform the third party about Unit Motor One GmbH´s reservation of proprietary rights.
§ 12 Severability clause
If at any time a provision or part of a provision of the present terms of use becomes unlawful, invalid or unenforceable pursuant to the laws of one jurisdiction, this will not affect the lawfulness, validity or enforceability of the remaining provisions of the present terms of use in that jurisdiction or in any other jurisdiction. The contractual partners agree to substitute the invalid provision – or part(s) of a privision with a new one that comes closest to the comercial goal of both partners. Differing/other agreements are only valid with an explicit written affirmation from us.
§ 13 Place of execution/Court of jurisdiction
- Place of execution is the domicile of Unit One Motor GmbH: D-45881 Gelsenkirchen.
- If the customer is a merchant, special property or a legal person (juridical person), Gelsenkirchen will be the sole court of jurisdiction.
- All deals between Unit One Motor GmbH and its customers are subject to German law.
Errors in printing, grammar and typing are excepted. Still we point out, that the delivered goods may vary slightly from the images on our homepage, depending on manufacturer and model.
§14 Applicable law
Applicable law is the German law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the rest of this contract.
Verbal agreements are to be confirmed in writing.
Unit One Motor GmbH
Chief executive officer: Jing XU
District court Gelsenkirchen HRB 9052
June 2007, Gelsenkirchen |
