Terms Of Service
§ 1 General, Scope of application
(1) These General Terms and Conditions shall govern the contractual relationship between us, Ulrich Lang New York. Conclusion of the contract and supply shall be governed exclusively by these General Terms and Conditions. No conflicting GTC shall be recognized even should Ulrich Lang New York supply unconditionally and in awareness of conditions conflicting with our GTC.
(2) Consumers shall in terms of these GTC constitute natural persons concluding a contract with Ulrich Lang New York, provided orders are not for commercial, freelance or independent purposes.
(3) Workdays in terms of these GTC shall constitute all weekdays excluding Saturdays, Sundays and statutory holidays.
§ 2 Registration / Data input
(1) Orders may be placed via our online shop with or without prior registration (so-called guest order). Personal data shall, however, in both cases be required for processing and shipping the order. The customer undertakes to fully and factually furnish the personal data required for registration or ordering. Access data received after due registration shall be treated confidentially and protected from unauthorized use by third parties. The access data are required for logging into our online shop www.ulrichlangnewyork.eu. No multiple logging on at www.ulrichlangnewyork.eu shall be allowed.
(2) We shall be under no obligation to accept your registration or your order or to guarantee permanent availability of the goods on offer. This shall exclude orders confirmed already by us.
(3) When using our website, the customer shall be prohibited from
- transacting in ways that will unreasonably or inappropriately burden our website infrastructure;
- collecting and analyzing Ulrich Lang New York Website data by means of data mining, robots or similar methods or
- using and/or exploiting the Ulrich Lang New York Website or databases for commercial purposes or deploying software and scripts for the use of the Ulrich Lang New York Website;
- uploading and/or publishing data with sexual, discriminating, offending, violent, racial or otherwise illegal content.
(4) The customer shall be solely responsible for the legitimacy of data and content he provides. Any disruption of the Web pages, tampering and unforeseen, illegal use of accessible data to the detriment of other users, our contractual partners or Ulrich Lang New York will have legal consequences based on our rights to virtual property and may, where necessary, also result in termination membership and blocking of access to our online shop.
(6) The order data will be stored. Every customer will, after registration, receive password protected access (user account) where data on supply and payment of concluded or open order processes may be administrated, changed and stored.
§ 3 Conclusion of contract
(1) The presentation of our products in our online shop www.ulrichlangnewyork.eu does not constitute a binding offer of contract. It merely constitutes an invitation to potential customers to order our goods, with no obligation. By clicking the ‘Buy now’ button the customer will make a binding offer to conclude a purchase contract for the goods in the shopping cart.
(2) Ulrich Lang New York will accept the offer and thus conclude a contract by e-mailed order confirmation within 7 working days from date of ordering; latest, however, on delivery of the goods.
(3) Minors shall not be allowed to transact a purchase in our online shop unless assisted by a parent or guardian.
§ 4 Prices and shipment
(1) The prices quoted at the time or ordering shall be applicable. The final price includes statutory VAT and any other components of the price.
(2) Ordered goods will be shipped to the address given by the customer. Delivery will be free to all postal addresses in the Federal Republic of Germany, including postage and packaging costs.
(3) Any costs arising as a result of incorrect postal addresses shall be charged to the customer.
(4) Unless otherwise specified, the cost of packaging and shipment abroad will be charged by weight and/or volumetric weight. Should the buyer request special type of shipment involving higher cost, then such additional cost shall be borne by the buyer.
(5) Import duties due for shipments to non-EU countries shall be borne by the buyer.
§ 5 Gift vouchers
(1) Gift vouchers may be purchased for our online shop goods and redeemed.
(2) A gift voucher cannot be redeemed for cash and gathers no interest.
(3) Gift vouchers must be redeemed in advance of ordering, they cannot be redeemed after conclusion of the order.
(4) A purchase by gift voucher can only be cancelled prior to redemption of the voucher. The voucher will be considered redeemed after use as payment for an order or to credit an account. Should the gift voucher not suffice as payment for the ordered goods, the difference may be settled via one of the offered methods of payment.
(5) We accept no liability for the loss or illegibility of a gift voucher for which Ulrich Lang New York cannot be held responsible or for incorrect gift voucher recipient contact data.
(6) Gift vouchers shall not be used for commercial purposes.
(7) We shall, in the event of a purchase by gift voucher and subsequent cancellation or return of the goods, reserve the right to credit the amount the customer paid for the voucher to his user account.
§ 6 Payment and default on payment
(1) The buyer is offered payment options for his goods by credit card (Visa, MasterCard, American Express), PayPal or bank transfer. Ulrich Lang New York nevertheless in principle reserves the right to accept or reject certain modes of payment in some cases.
(2) We reserve the right to generate and transmit invoices and vouchers exclusively in electronic form.
(3) Credit card payments will be debited directly with ordering. We will only accept payments from accounts within the European Union. Ulrich Lang New York shall in principle not carry the cost of financial transactions.
(4) Ulrich Lang New York shall be entitled to demand flat rate dunning charges in the amount of 6.00 EUR per dunning letter for losses following payment defaults. Proof of smaller losses is possible.
(5) We reserve the right to deploy the services of responsible third parties for payment processes and to pass on claims as a result of payment defaults to a collection agency. All the necessary data will in this case be passed on to the collection agency. The buyer will agree to this when ordering the goods already.
(6) Should the buyer be in default of payment, he shall during this time be responsible for any negligence. He shall in this case be liable for performance also in the event of chance. Excluding, however, if the loss would have occurred even with timeous performance. The default amount will attract interest for the entire period in default. The annual interest rate on defaults shall be five percentage points over base rate.
§ 7 Reservation of ownership
The delivered goods shall remain the property of Ulrich Lang New York until paid in full. The customer shall undertake to handle the goods with care.
§ 8 Obligation to deliver and delivery times, passing of risk
(1) We are obligated to deliver goods exclusively from our own stock and from goods we have ordered from our suppliers.
(2) Should delivery be delayed due to force majeure and similar circumstances (shortage of energy/raw material, strikes, lockout, regulatory interventions, operational conflict and transport bottlenecks for which we cannot justifiably be held responsible, etc.), then delivery time shall be tacitly extended, within reason. You will in this case be informed immediately and will be entitled to withdraw from the concluded purchase agreement should performance be delayed by more than four weeks from the originally agreed time of delivery. No further claims shall exist, especially for compensation of losses.
(3) The obligation to deliver shall fall away should the suppliers of Ulrich Lang New York fail to deliver in time or deliver incorrect goods, unless the latter may be held responsible for such unavailability. The customer will again in this case be informed immediately and any pre-payment will be promptly reimbursed.
(4) The risk of the goods accidentally perishing / deteriorating shall pass to the mail order purchasing consumer or his designated recipient on receipt of the goods. In all other cases of mail order purchasing the risk of accidental perishment / deterioration of the goods shall pass to the buyer on delivery of the goods to the shipping entity or to a person commissioned for shipment.
§ 9 Warranty
(1) All information, illustrations, price lists etc. published by Ulrich Lang New York are for information only. Ulrich Lang New York does not warranty the correctness of such information.
(2) The warranty for defective goods shall be governed by statutory regulations. Claims for defects by the buyer shall lapse after two years; the warranty period for contractors shall be one year.
(3) If a purchase is commercial transaction on both sides the buyer shall, to the extent practical in proper business transactions, inspect the goods immediately on delivery by the seller and report any defects to the seller without delay. Should the buyer fail to report, then the goods shall be deemed approved unless a defect exists that could not be detected during the inspection. Should this type of defect be detected at a later stage, then this shall be reported immediately; failing this, the goods will be deemed in order despite such evident defect. The buyer’s rights shall be adequately maintained provided notices of defects are dispatched in time.
(4) Hidden defects shall be reported in writing within one week from detection. The deadline for return shall be deemed met provided the goods are dispatched on time (day of dispatch). The buyer shall in this case bear the burden of proof of all prerequisites to a claim, especially the defect as such, the time of detection of the defect and the timeous notification of defects.
(5) In cases of defective goods, the buyer shall be entitled to either demand supplementary performance or to withdraw from the contract. Ulrich Lang New York shall bear the shipping costs in the event of returns due to defects. If a product free from defects is delivered within the framework of supplementary performance, we shall be entitled to demand a refund for the defective purchased product. Any damages as a result of improper measures or actions in breach of the contract by the customer during installation or storage shall not justify claims against Ulrich Lang New York Inc.. Ulrich Lang New York shall be entitled to refuse the type of supplementary performance chosen by the customer if this would require unreasonable effort and provided another form of supplementary performance would not significantly disadvantage the customer.
§ 10 Liability
(1) Ulrich Lang New York shall, irrespective of legal grounds, be liable only for damages caused by Ulrich Lang New York or their vicarious agents willfully or grossly negligent.
(2) Liability for slight negligence shall be limited to cases of violation of cardinal contractual obligations. Liability shall in such cases be limited to losses typically foreseeable at the time of concluding the contract.
(3) Liability over and above this for injury to life, limb and health and under the provisions of the Product Liability Act shall remain unaffected.
(4) Liability by Ulrich Lang New York shall in all other cases be fully excluded.
(5) We may on our Web pages use links to refer to other Web pages of other providers. Applicable here: Ulrich Lang New York expressly states that they cannot influence the content of linked Web pages. Ulrich Lang New York does not endorse the content of the linked Web pages.
§ 11 Property rights
Ulrich Lang New York is the owner of all proprietary rights to markings, titles, brands and copyright of Ulrich Lang New York. Users and/or third parties are prohibited from using such rights online or offline without written consent.
§ 12 Governing Law and Place of Jurisdiction
(1) All legal relationships shall be governed by the laws of the Federal Republic of Germany. The CISG shall be excluded, including for cross-border shipment. This governing law shall for consumers be applicable only to the extent that the guaranteed protection by mandatory provisions under the laws of the country of the consumer’s normal domicile will not be revoked.
(2) If the buyer is a businessman in terms of the HGB [German Civil Code] or a corporate body under public law, the exclusive place of jurisdiction for all disputes under these GTC and under individual contracts concluded thereunder, including lawsuits over bills of exchange and checks, shall be the Ulrich Lang New York, Backnang, Germany head office. Ulrich Lang New York shall in this case also be entitled to take legal action at the place of domicile of the customer. The same shall apply in the event that the buyer has no place of general jurisdiction in Germany or if the head office or normal domicile is unknown at the time of taking legal action.
§ 13 Severability clause
Should certain provisions under these GTC be or become ineffective or should the GTC contain an unforeseen gap, the validity of the remaining provisions or partial provisions shall not be affected thereby. This shall not apply in the event that the omission of certain clauses would disadvantage a contracting party to the extent that continuation of the contract would be unreasonable.You are welcome to give us a call should you have any questions or comments. Since we are always on the lookout for satisfactory solutions we look forward to assisting you. Your rights will remain unrestricted, of course, even after picking up the phone.
Contact our Customer Service at: +49 (0)171) 34.10.487 or by e-mail: email@example.com