Standards Terms and Conditions for the Sale of goods by Utopia & Utility
This website is operated by Utopia & Utility GmbH, Seekamp 10, 24358 Bistensee Germany
Throughout the site, the terms "Utopia & Utility", “U&U” “We”, “Us”, “the Company” and “Our” refer to Utopia & Utility GmbH.
Utopia & Utility offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The Standard Terms and Conditions of sale set out below are applicable for all purchase orders, price quotations, invoices, offers and other forms of sales (“Agreements”). These terms are the only terms and conditions applicable to purchases and no terms or conditions delivered with or contained in the buyers (“Customer”) purchase order will form part the contract unless specifically agreed with a managing member of Utopia & Utility. Acceptance for the delivery of goods by the customer will be deemed to be a conclusive and binding evidence of the customer’s acceptance to these terms. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
Prices & payments: Prices are as set out on the website and include VAT at the current rate. They are exclusive of: (i) delivery charges which will be indicated to you during the ordering process and (ii) any customs and import charges applicable to your delivery address.We reserve the right to alter prices at any time. Payments are to be made in Euro (€), and any bank fees arising from the payment need to be borne by the buyer.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
Portrayal of products: Every effort will be made to portray items accurately, however, slight variations may occur. Pictures will not be to scale, all measurements quoted are approximate and colour accuracy cannot be guaranteed. Product may have colour variations dependent on the production batch and natural variations.
Shipping costs are not included in the price and will be determined at the lowest possible cost for each customer. The Company shall use reasonable commercial efforts to deliver within the specified timeframe. Efforts will be given to accommodate the customers wishes in regards to the form of transportation.
Inspections of the shipment before signing the receipt papers is important. We urge all our customers to check the goods immediately upon arrival, and report any issues directly to the delivering authority. In order to validate the insurance claim, the damage to both parcel and goods should to be documented and reported to us as well. All claims for loss and/or damage during transit must be made in writing to the delivering company. Failure to do so may result in failure of claim for losses or damages. The Company shall be notified of any damages or losses immediately. Unless the customer provides the company with written notice of any claim for visible defects in the goods within five days after receipt of shipment, such good shall be deemed as finally inspected and accepted by customer.
Taxes and Duties are the obligation of the customer. The customer is liable for the import of their goods once they have arrived in their country of destination. Utopia & Utility will not to be held liable for any customs fees incurred or for delays due to customs processing. We provide the export declaration for your shipment in accordance to its destination, but cannot be held accountable for any customs fees, taxes, duties, tariffs or import restrictions by your local customs office. These charges are separate from the shipping costs, and you will be billed directly from them.
No refunds will be given for items that are seized at your local customs office or not delivered. It is of the customer’s responsibility to know the laws of the country in terms of what can be imported, although We do our best to inform the customer of any restrictions we are aware of. Before you place your order, please be sure of your local customs laws concerning the shipment of materials such as wood, metal, glass, stone, cork, ceramic, feathers, basket weavings, wool and / or paper.
Failed or Disputed Delivery: In the event of a failed delivery, the delivery company will return the shipment to Us, and We will refund you for the value of the items ordered, but not for the delivery charge.
Wherever an order is shipped to you with a tracked service or delivery confirmation service, the shipping provider's confirmation that the order has been delivered to the address you provided with your order is the authoritative confirmation that your order has been fulfilled by Us and successfully delivered.
Cancellation and returns: If you change your mind before your order is dispatched please email Us at email@example.com. If your order has been dispatched please follow Our returns information.
We hope you will be pleased with your purchase. Should you wish to return anything bought from Us, We will be happy to refund a product, provided it is in a fully resalable condition.
Please contact Us within 14 days of receiving your order at firstname.lastname@example.org. The customer is responsible for timely return of the items in their original packaging, for any additional charges caused by the return as well as insuring the shipment, and is liable for breakage upon return.
Refunds will only be given after the goods have been received and inspected. If the condition is acceptable, U&U will endeavour to refund your money within 1-5 days.
Please send the goods back at the address below:
Utopia & Utility GmbH
We kindly suggest that you return your item by recorded delivery as We cannot be liable for missing items.
We put most care in providing you with a high-quality product. In the event of receiving a faulty item, please contact Us to inform Us about your intention to return, with images of the fault. We will provide a full refund including delivery costs for a faulty item and, where requested by you, We can send a replacement item subject to availability.
On the occasional sample sales we organise, products with flaws or faults are offered at a discounted price, and the flaw is documented by pictures and description and acknowledged by the customer. Such a product can not be considered as faulty.
Force Majeure: The Company shall not be liable to the customer in any manner or be deemed to be in breach of contract, if the failure to perform the Company’s obligations was due to any cause beyond the Company’s reasonable control. The following are included as causes beyond the Company’s control: Governmental actions, war or the threat of war, acts of terrorism, disasters (natural or other), fires, riots, sanctions, blockades, embargoes, shortage of labour, fuel, materials, supplies, manufacturing facilities, or transportation, subcontractor delay. Other delays, condition or circumstance not within the Company’s control can also apply.
Intellectual Property and Trademarks: No part of these standard terms and conditions shall grant the customer any rights to the designs or other intellectual property of the Company. All designs, technical information, trade secrets and copyrightable material remain property of the Company.
Choice of law: (a.) These standard terms and conditions of sale shall be governed by the laws of Germany without regards to principles of conflict laws. Any and all actions, lawsuits and proceeding brought against the company in relations to these terms and conditions or the matter hereof shall be brought to the courts located of the county where the company is registered. (b.) The United Nations Convention on International Sales of Goods (CISG) is disclaimed by the customer and the company.
Contact us for any questions regarding the Terms & Conditions