General Terms & Conditions
Welcome to uniqfeel.com! Our General Terms and Conditions serve to inform you about the details of the use of our website and about the purchase of fitnesswear at uniqfeel. Please read them carefully. If you have any questions, please contact us!
1.1. uniqfeel.com ("we" or "uniqfeel") is an online division of Texmarket GmbH, Zueggstr. 36, 39100 Bolzano, VAT. No. 01284940218. If you have any comments or remarks, you can contact us at the above address or by e-mail at [email protected], or by telephone at +39 0471 060900.
1.2. Our General Terms and Conditions ("GTC") apply to the website of uniqfeel under the domain www.uniqfeel.com ("uniqfeel"). The GTC represent the contractual basis for the use of uniqfeel and regulates (1) the general use of uniqfeel, (2) the purchase of fitness products from uniqfeel.
1.3. The purchase and shipment of uniqfeel fitnesswear is exclusively based on these GTC.
2. General information about the use of uniqfeel
2.1. You may use uniqfeel and the content published here only for the intended purposes. Unless expressly stated otherwise on the platform, this purpose lies in the informing about, and purchase of, uniqfeel sportswear.
2.2. On uniqfeel you can find uniqfeel sportswear ("fitness products"). You can buy individual sporting goods at individual prices.
2.3. The languages available for the conclusion of the contract are Italian, German and English.
2.4. The online shop is only available to persons who are at least 18 years old. Persons under 18 years of age require the consent of their legal representatives to use the online shop.
2.6. Your consent to the processing of your personal data is voluntary. However, we would like to point out that without your consent, registration and use of the online shop is not possible. You will find all further information on data protection in our data protection declaration.
3. Purchase of fitness products and forming of the contract
3.1. With your order of fitness products and its acceptance by us, a binding purchase contract between you and uniqfeel is formed in the manner described in the following provisions.
3.2. The presentation of the fitness products is not yet a legally binding contract offer on our part, but only a non-binding invitation to you to order our fitness products. Only when you order the desired sportswear do you make a binding offer to conclude the sales contract for this sportswear by clicking on the order button (e.g. "Order now"). By clicking on this button, you are presumed to have read and accepted the GTC.
3.3. All fitness products are personalised and manufactured according to your specifications. You are responsible for the dimensions and the correct entry of the dimensions during the ordering process. You will be asked to add the fitness products you wish to purchase to your digital shopping cart. You can change the products in your shopping cart at any time before completing your order. It is recommended that you read through these terms and conditions before completing the purchase process.
3.4. On the page where you can submit your order, we will provide a final summary of the contents of your order. This allows you to check your entries and correct them if necessary, by using the navigation buttons on your internet browser or the corresponding navigation functions on our website to go to the page on which your details were entered. You can also cancel your order at any time by closing your internet browser.
3.5. The confirmation of receipt that is automatically generated after sending the order, which we can combine with an order confirmation, is not yet an acceptance of the offer. We can accept your order by sending a shipping confirmation by e-mail or by delivering the ordered fitness products. The acceptance of the contract depends on the method of payment chosen by you:
- Credit Card
We accept your order by sending a notification of acceptance in a separate e-mail or by delivering the goods.
- Immediate (SOFORT) Bank Transfer
Sofort GmbH's direct transfer method offers a simple and secure online payment method in which you use your own online banking data and do not have to transfer any personal information or card details to the merchant.
During the ordering process, you will be redirected to the PayPal website. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and accept your offer.
4. Accessibility and storage of the contract text
4.1. You can print or save this contract text via the corresponding functions of your browser. You will also receive an e-mail from us after completing your order in which the contents of the order are listed. You can also print or save this e-mail.
4.2. You can view the current GTC with the basic terms on orders at any time on our website. If you wish, we will also send them to you by e-mail.
5. Prices and shipping costs
5.1. The prices stated at the time of ordering the fitness products shall apply. The indicated prices for the fitness products contain the legal (Italian) value added tax and other price components for final consumers. In addition, costs for packaging and shipping will be specified, unless free shipping has been specified. It is not possible to collect the goods yourself.
5.2. Before completing your order, we will clearly inform you about the total price of your order.
5.3. We reserve the right to adjust prices in the online shop, offer new products, offer discounts or terminate discount campaigns within the framework of applicable laws.
6. Availability, delivery and shipping
6.1. The individual items offered by us will be delivered on average within 3-6 weeks, unless we expressly state otherwise at the beginning of the ordering process.
7. Due date of the purchase price and payment of sportswear products
7.1. The purchase price shall be due immediately unless a later payment date is agreed upon in the order or is communicated with the delivery.
7.2. For the payment of the purchase price we offer different payment methods, which are indicated at the beginning of the order process. You can choose between these payment methods during the ordering process.
8. Retention of title
Until the purchase price of the fitness product has been paid in full, it remains our property.
9. Warranty and liability
9.1. You are entitled to a warranty for defects in the goods purchased in accordance with the legal framework. In particular, you can demand subsequent action (such as the replacement or return of defective items). However, we are entitled to opt to replace products if the return of defective items would be at a disproportionate cost. Warranty claims expire 2 years after delivery of the goods.
9.2. We endeavour to reproduce the colours of the products truthfully. There may be minor deviations, but these are mostly due to colour settings of smartphones or monitors and do not constitute a defect.
9.3. You will receive a custom-made product and are responsible for the dimensions entered. Unfortunately, measurement errors cannot be considered as defects in any case.
9.4. uniqfeel is not liable for normal wear and tear or incorrect handling of the products. Incorrect handling constitutes, among other things, improper care of the fitness products (washing and ironing) or improper use.
9.5. The application of any contractual guarantee promises made by uniqfeel as well as the application of the Product Liability Act remains unaffected by the provisions according to articles 9.1. to 9.4.
9.6. You are requested to inspect the fitness products immediately upon delivery for production faults, obvious defects and transportation damage and to notify us and the carrier of any complaints as soon as possible.
10. Cancellation policy
The right of withdrawal does not apply to your purchase due to the following legal exception: The right of withdrawal shall not exist for contracts regarding the delivery of merchandise that is not prefabricated and is made according to the consumer's individual choice and specifications, or of merchandise that obviously is tailored to meet personal customer requirements. We do, however, grant a voluntary right of return.
11. Voluntary right of withdrawal
11.1. We are very confident that you will be satisfied with your uniqfeel fitness products. If the item does not meet your expectations, uniqfeel has decided to grant you the right to return the item within 14 days of receipt. You can fill out the online returns form, including the reasons for your return, to receive your return label or request a pick-up by our logistics partner. The return should be made in the original packaging. Please make sure that the goods have been stored in an appropriate manner before returning them. This means that the item has not been damaged, soiled, washed, altered or worn and that any labels or tags are still attached to the item. Returns via our returns portal are free of charge.
11.2. As soon as uniqfeel has received the goods back and checked them,
11.2.1. we will refund you the payment amount that we have received from you for the returned products using the same means of payment (unless expressly agreed otherwise with you), or
11.2.2. instead of a refund, uniqfeel shall issue a credit note for the amounts paid for the returned item(s), or
11.2.3. uniqfeel will repair the goods if they are obviously damaged due to production faults and a repair seems possible.
11.3. We reserve the right to return any fitness products returned after the 14-day period to the customer or not to accept any shipments from the customer.
12. Intellectual property
12.1. All intellectual property rights are exclusively ours and may not be used online or offline by customers or third parties without our written consent.
12.2. In particular, the content of this website, including photos, films and texts, is protected by copyright and other rights. Modifications, reproductions, imitations of any kind are not permitted without the express written consent of uniqfeel.
13. Our right to vary these terms
13.1. We reserve the right to amend the provisions of these GTC at any time, subject to the conditions set out below, if such amendment is within reason, taking into account our interests, and if we have a reason for amending these GTC.
13.2. Any change that leads to a deviation of the subject matter of the contract is expressly excluded from the aforementioned right of modification. In such a case, we will notify you of the changes to the GTC and offer you the continuation of the user relationship in accordance with the changing conditions.
13.3. Grounds for the amendment to 13.1 include,
- if the amendment is only beneficial for the user;
- if the amendment is purely technical or procedural, unless it has a significant impact on the user;
- to the extent that we are obliged to comply with the GTC with applicable law, in particular if the applicable legal situation changes or if we are obliged to do so by a court ruling or an official decision against us;
- to the extent that we introduce additional services or service elements which require a service description in the GTC, unless the previous user relationship is adversely affected as a result.
13.4. We will send you the amendments to the GTC by e-mail before they come into effect. If you do not object to the validity of the new GTC within six weeks of receiving the e-mail, the amended GTC shall be deemed accepted. The amended GTC only apply to contracts that were concluded after the amendment came into effect and have no effect on contracts that were concluded before the amendment came into effect.
13.5. If you object to the validity of the new GTC within the specified period, we shall be entitled to terminate the contractual relationship with you. Likewise, your right to terminate the contract at any time remains unaffected.
14. Applicable law
The contractual relationships and other legal relationships between you and us shall be governed by Italian law - even in the case of cross-border orders - whereby, if your place of residence is within the EU, the provisions of the law of your country of residence, which are mandatory and cannot be amended for your protection, shall also apply.
15. Jurisdiction and out-of-court settlement of disputes
In the event of a dispute between the seller and a customer, who is considered a consumer for the purposes of the application of EU Regulation No. 524/2013 regarding contractual obligations arising from an online sales contract concluded between the seller and the customer, the seller informs that the European Commission has developed and offers a portal for online dispute resolution (ODR platform) so that disputes between the seller and the consumer can be settled out of court. The ODR platform can be reached via the following link: http://ec.europa.eu/odr. Via this platform, the consumer can lodge a complaint regarding the purchase contract concluded online. The above-mentioned site http://ec.europa.eu/odr contains all the necessary information regarding the filing of a complaint and the corresponding procedure. The e-mail address of uniqfeel is indicated in article 1.1. If you have any complaints or are otherwise not satisfied with our contractual services, we recommend that you contact us directly by e-mail before submitting a complaint in order to resolve any dispute quickly and easily.
16. Severability clause
Should individual provisions of these GTC be or become invalid in whole or in part, or should these GTC contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective statutory provisions.
Last update: 07/2019