General terms and conditions with customer information
(The following T & Cs contain also legal information about your rights under the rules on contracts for distance sales and e-commerce).
- Scope of application
2. Offers and service descriptions
3. Ordering process and conclusion of contracts
4. Prices and shipping costs
5. Delivery and product availability
6. Payment modalities
7. Proprietary rights
8. Warranty for material deficiencies and guarantee
10. Record of the contractual text
11. Data protection
12. Jurisdiction, applicable law, contractual language
- Scope of application
1.1. For business relations between Nitehog Europe GmbH, Pistoriusstrasse 6a, D-13086 Berlin, email: firstname.lastname@example.org (referred to hereinafter as “Seller”) and the customer (referred to hereinafter as “Customer”) the following General Terms and Conditions shall exclusively apply in their version valid at the time of the order.
1.2. You can reach our customer service for questions, claims and complaints on working days between 9:00 am and 4:30 pm at the telephone number +49 (0) 30 960 667022-0 as well as by email at email@example.com
1.3. Consumers in terms of these General Terms and Conditions is any natural person who concludes a legal transaction (contractual commitment) for a purpose which can not be predominantly attributed to their commercial or independent professional activities (§ 13 German Civil Code BGB).
1.4. Deviating terms of the customer shall not be accepted, unless the Seller expressly agrees to their validity and applicability.
- Offers and service descriptions
2.1. The presentation of the products in the online shop does not represent a legally binding offer, it is only an invitation to proceed to a purchase order. Service (performance) descriptions in catalogues as well as on websites of the Seller shall not represent a guarantee or assurance.
2.2. All offers are valid while stocks last, unless otherwise stated in the product description. As for the rest, errors and omissions are accepted.
- Ordering process and conclusion of contracts
3.1. The Customer can select products from the assortment of the Seller without obligation and add them in the so-called “shopping basket” by selecting the option [Add to shopping basket]. Afterwards, the Customer can finish the ordering process by selecting the option [Continue to payment/checkout].
3.2. By selecting the option [Buy] the Customer makes a binding request to purchase the goods already placed in the shopping basket. Before sending the order, the Customer can change and view the data at any time. All required fields are marked with an asterisk (*).
3.3. Thereupon the Seller sends the Customer an automatic acknowledgment of receipt by email in which the order of the customer is confirmed and which the customer can print out by selecting the option “Print out” (order confirmation). The automatic confirmation of receipt only proves that the customer’s order has been received by the Seller and does not constitute acceptance of the request. The purchase contract is only concluded when the Seller delivers the ordered product to the Customer within 2 (two) days or confirms the delivery to the Customer within 2 (two) days with a second email, express order confirmation or delivery of the invoice.
3.4. If the Seller allows a prepayment, the contract enters into force with the provision of the bank details and the payment request. If, despite the due date and after a second notice, the payment has not been received by the Seller up to 10 (ten) calendar days after the order has been sent, the Seller shall terminate the contract with the result that the order shall lapse and without any delivery obligation for the Seller. The purchase order is then completed for both the Buyer and the Seller without any further consequences. A reservation of the article with prepayment therefore takes place for maximum 10 (ten) calendar days.
- Prices and shipping costs
4.1. All prices shown on the website of the Seller are inclusive of the applicable value-added tax (VAT).
4.2. In addition to the indicated prices, the Seller is entitled to charge shipping costs for the delivery. The shipping costs shall be clearly communicated to the Buyer on a separate information page during the ordering process.
- Delivery and product availability
5.1. If an advance payment has been agreed, the delivery of the ordered goods shall be made upon receipt of the amount as indicated on the invoice.
5.2. Should the delivery of the goods fail due to fault of the Buyer despite 3 (three) attempts to deliver the goods, the Seller can withdraw from the contract. Already made payments will be reimbursed to the customer without delay.
5.3. If the ordered product is not available as the supplier of the Seller was unable to deliver this product through no fault of his own, the Seller can withdraw from the contract. In this case, the Seller shall immediately inform the Customer and offer a delivery of a comparable product, if applicable. If a comparable product is not available or the Customer does not wish a comparable product to be delivered, the Seller shall compensate the Customer, without undue delay, for payments already made.
5.4. Customers are to be informed of delivery times and delivery restrictions (for example, delivery restrictions to specific countries) on a separate information page or as part of the respective product description.
- Payment modalities
6.1. The Customer can choose from the available payment methods before the completion of the order process. Customers are informed about the available means of payment (currency) on a separate information page.
6.2. If payment is possible by invoice, payment must be made within 30 days of receipt of the products and the invoice. For all other payment methods, the payment must be made in advance without any deduction (strictly net payment).
6.3. If third parties are authorised with the payment processing, e.g. Paypal, the payment shall be subject to their General Terms and Conditions.
6.4. If a time for a payment has been specified by reference to the calendar, the Customer falls into default of the agreed payment in case of non-compliance with the time-limit. In case of late payment the default interest at the statutory rate shall apply.
6.5. The liability of the Customer to the payment of interests for delay does not exclude the assertion of further default damages by the Seller.
6.6. The Customer shall only be entitled to set off his counterclaims if his counterclaims have been stated legally binding or accepted by the Seller. The Customer can only exercise a right of retention as long as the counterclaims result from the identical contractual relation.
- Proprietary rights
The delivered products remain the property of the Seller until full payment has been received.
- Warranty for material deficiencies and guarantee
8.1. The warranty is subject to the regulations stipulated by law and shall define itself according to the legal provisions
8.2. There is a guarantee for the goods supplied by the Seller only if this has been expressly stated. Customers are informed about the guarantee conditions before the initiation of the ordering process.
9.1. The following exclusions and limitations of liability apply to a liability of the Seller for damages without prejudice to the other statutory requirements.
9.2. The Seller is liable without limitation, insofar as the cause of the damage is based upon intentional wrongdoing or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent breach of material obligations whose violation endangers the achievement of the purpose of the contract or for the violation of obligations whose fulfillment is a prerequisite for enabling the proper implementation of the contract and on whose performance the Customer may rely on regularly. In this case, however, the Seller is only liable for the foreseeable, contractually typical damages. The Seller is not liable for the slightly negligent violation of obligations, other than those specified in the preceding sentences.
9.4. The above mentioned limitations of liability do not apply in the event of the loss of life, physical injury and damage to health, for a defect after a guarantee is given for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or restricted, this also applies to the personal liability of employees, representatives, agents and assistants.
- Record of the contractual text
10.1. The Customer can print out the contractual text before submitting the purchase order to the Seller by using the printing option of his browser during the last step of the ordering process.
10.2. The Seller shall send an order confirmation to the Customer including all order details to the email address as specified by the Customer. With the order confirmation, the Customer also receives a copy of the General Terms and Conditions (GTC), including instructions on cancellation and reference to the shipping costs as well as on the terms of delivery and payment modalities. If you already have a registration in our shop, you are able to see the orders made from your profile. In addition, we record the text of the contract but do not make it available on the Internet.
- Data protection
11.1. The Seller processes personal data of the Customer for the specific purposes and according to the legal requirements.
11.2. The personal data (such as name, email address, postal address, payment detail) required for the purpose of ordering goods are used by the Seller for the sake of handling and performing the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. On request, the Customer is entitled to receive information free of charge about his personal data recorded by the Seller. In addition, the Customer has the right to correct incorrect data, to block and delete his personal data, insofar as no statutory storage obligation exists.
11.4. For further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the Seller, please refer to the data protection declaration.
- Jurisdiction, applicable law, contractual language
12.1. Jurisdiction and place of fulfilment (performance) shall be the Seller’s head office,if the Customer is a merchant, a legal entity under public law or special fund under public law.
12.2. The contractual language is German.
12.3. European Commission online dispute resolution platform (OS) for consumers: http://ec.europa.eu/consumers/odr/.