HEY! Boxer - AGBs – HEY! Boxer by UNIQS GmbH

1. scope of application

1.1 For the business relationship between UNIQS GmbH, Neu-Isenburg, GERMANY (see imprint / hereinafter "seller") and the customer (hereinafter "customer") the following General Terms and Conditions of Business in the version valid at the time of the order shall apply exclusively. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.

1.2 For the purchase of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.

1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).

2. conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer to the customer.

2.2 The Customer may submit the offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with regard to the goods in the shopping basket by clicking the button.

2.3 The Seller may accept the Customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

by delivering the goods ordered to the customer, whereby the receipt of the goods by the customer is decisive, or

by requesting the customer to pay after placing his order.

If several of the aforementioned alternatives are available, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 The period for acceptance of the offer begins on the day after the Customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. e-mail or fax) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be called up by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.

2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

2.9 You agree to receive invoices electronically. Electronic invoices will be sent to you by e-mail in PDF format or made available for download within your customer account.

2.10 The invoice amount to be paid must be settled within 14 days at the latest. Otherwise the Seller reserves the right to withdraw the offer.

3. right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal. In order to exercise your right of revocation, you must inform us (see imprint) by means of a clear declaration (by post or email) of your decision to revoke this contract. You can use the sample revocation form text at the bottom of this page, but this is not mandatory.

3.2 In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period and that you have returned the goods within the defined period. You must return or hand over the goods to us without delay and in any case within fourteen days at the latest from the day on which you informed us of the revocation of this agreement. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period. Unfortunately, you will bear the direct costs of returning the goods. 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 checking their condition, properties and functioning.

3.3 Please avoid damage and contamination of the goods + please return the goods to us sealed and in their original packaging and unopened with all accessories.

3.4 Please do not send the goods back to us freight collect.

3.5 Please note that compliance with the above conditions is not a prerequisite for the effective exercise of the right of withdrawal.

3.6 In the case of special promotions in which a free addition from the seller to the buyer is made dependent on the achievement of a certain order value, the seller reserves the right to reclaim this addition if the required amount is undercut by returning goods. The same applies to promotions in which the buyer receives an identical second product through the purchase of one product. The seller considers them as a unit in that the cancellation of the purchase always requires the return of both items. No financial refund can be made if the return is incomplete.

3.7 Of course we will gladly exchange unopened items for you under appropriate conditions. Please understand that our products are underwear, which we exclude from exchange - after opening the packaging.

The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed (shrink-wrapped) goods that are not suitable for return for reasons of health protection or hygiene.

PLEASE NOTE:

Discounted / reduced promotion goods, i.e. single articles or groups of articles which are offered and sold within a promotion (e.g. SUMMER SALE, BLACK FRIDAY, etc.) at a discounted promotion price are completely excluded from any return possibility. Reduced goods are accordingly excluded from any exchange or return.

So-called "packs" (bundles), i.e. groups of articles purchased in a bundle (e.g. 3, 6, 10 / Classics, Stars, All Black, Just White - Packs) are excluded from any exchange or return as soon as the original packaging of an individual article from the bundle is opened (even the still closed packaging). Please note this before opening a single article. If you are unsure, we recommend ordering a single article or several individual articles for testing purposes first and only then ordering a competitively priced bundled product.

If your order is eligible for return (please check carefully) - please send it to the following address:

HEY! Boxer by UNIQS GmbH
- RETURN -
Höhenweg 11
63303 Dreieich
GERMANY

As soon as we receive the goods and check them for integrity and completeness, we will immediately refund the order value.

4. prices and shipping conditions

4.1 All prices quoted on the Seller's website are inclusive of the applicable statutory value added tax.

4.2 After the order has been placed, the customer will be sent an invoice in the form of a PDF by email upon request. This will contain a summary of the transaction conditions. The Seller undertakes to provide the Customer with the delivery at most the delivery note, but not a copy of the invoice.

4.3 In addition to the stated prices, the Seller will charge shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on the shipping costs page and during the ordering process.

4.4 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.5 The customer has various payment options available to him, which are specified in the seller's online shop.

4.6 The customer can pay in advance, by sofortüberweisung.de, or by Paypal. However, the seller reserves the right not to offer certain payment methods for each order and to refer to other payment methods.

4.7 If the customer is in default of payment, the seller is entitled to charge interest on arrears at a rate of 5% above the base rate per annum announced by the European Central Bank. If a higher damage caused by default can be proven, the seller is entitled to claim this.

4.8 The Seller is entitled to use the services of trustworthy third parties for the handling of payment. If the customer is in default of payment, the seller may assign its claims to a collection agency and transfer the personal data required for the processing of payment to this third party. In the event that third parties are involved in the handling of payments, the payment shall only be deemed to have been made in relation to us when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.

4.9 The goods are only sold in quantities customary in the trade. This refers both to the number of goods ordered within the framework of one order and to the placing of several orders for the same goods, where the individual orders cover a quantity customary in the household.

5. retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

6. liability for defects
The statutory liability for defects applies.

7. redemption of vouchers

7.1 Vouchers purchased via the Seller's online shop can only be redeemed in the Seller's online shop using the online order form provided for this purpose. It is not possible to redeem them by telephone, letter, fax or e-mail.

7.2 Vouchers and remaining credit balances of vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit balances are credited to the Customer's voucher account until the expiry date.

7.3 Vouchers can only be used for the purchase of goods and not for the purchase of further vouchers.

7.4 If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

7.5 Several vouchers can be redeemed for one order.

7.6 A cash payment of vouchers or voucher credits is not possible.

7.7 The voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.

8. applicable law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

9. notice according to art. 14 ODR-regulation

9.1 CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have the option of conducting an online conciliation procedure in the event of a dispute on the EU portal "Ihr Europa" (http://europa.eu/youreurope/citizens/index_de.htm), with the involvement of a recognised conciliation body. For this purpose, they can log on to the EU online conciliation platform under the URL: http//ec.europa.eu/consumers/odr/.

9.2 The online conciliation procedure is not a mandatory prerequisite for appealing to the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the course of a contractual relationship.

9.3 Other national regulations for the implementation of conciliation procedures remain unaffected by the above provisions in Clauses 9.1 and 9.2.

We would like to point out that the EU Commission's online platform for out-of-court online dispute resolution (OS platform) provided at http://ec.europa.eu/consumers/odr is currently not yet operational. Our e-mail address is: you@heyboxer.com

10. place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to call upon the court at the customer's place of business.

Amendment of the terms of sale: The Seller reserves the right to make changes to its website and these Terms and Conditions at any time. The General Terms and Conditions in force at the time of the order placed by the Customer shall apply to the order, unless a change to these conditions is required by law or governmental order (in which case they shall also apply to orders placed previously). If any provision in these terms and conditions is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Minors: We do not offer products for purchase by minors. Our products can only be purchased by adults. If the customer is under 18, he/she may only use the online shop with the involvement of a parent or legal guardian.

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Sample cancellation form (see more above)

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

________________________________________________________

Ordered on (*) ____________ / received on (*) ____________________________

Name of the consumer(s) ________________________________________________________

Address of the consumer(s) ______________________________________________

Signature of the consumer(s) ____________________________________________________________________________________________________________________

Date ___________________________________________________

(*) Delete as appropriate