Terms and conditions for consumers
General Terms and Conditions for the NICI Online Shop
- For consumers only -
- 1. Scope of application, definitions
(1) Only the following Terms and Conditions apply to the business relationship between the web shop provider, NICI GmbH (hereinafter referred to as “NICI”), and the customer (hereinafter referred to as “customer” or “you”), provided that the customer is a consumer within the meaning of § 13 BGB [German Civil Code]. We will not accept any of the customer’s conflicting conditions or customer’s conditions that differ from our terms and conditions, even if NICI does not expressly oppose inclusion of these conditions, unless NICI expressly agrees to their validity in writing.
All offers, contracts of purchase, deliveries and services on the basis of your order through our online shop for consumers, on the website nici.de (hereinafter referred to as “online shop”), are subject to these terms and conditions. The definitive version of our terms and conditions is the version valid at the time of conclusion of the contract.
(2) A consumer is any natural person that concludes a legal transaction for purposes that can primarily be classed as neither a commercial activity nor an independent professional activity. A business owner, by comparison, is a natural or legal person or a partnership with legal capacity that is carrying on their commercial or independent professional activity when they conclude a legal transaction.
- 2. Parties to the contract, conclusion of the contract
(1) The contract of purchase comes into being with NICI GmbH.
(2) Presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. Information from NICI about the products (technical data, dimensions, colours, etc.) only concerns approximate values for guidance. It does not constitute an agreement or guarantee of quality. Delivery charges may be due in addition to the product prices given in the shop. More detailed terms concerning any delivery charges due can be found with the individual offers.
(3) The customer can initially non-bindingly gather our products in a “basket” by using the “add to shopping cart” button, and correct their entries at any time before sending a binding order, by using the correction aids provided for this purpose in the order process. The order process for ordering via our online shop comprises 4 steps in total: The first step is to choose the products you want. The second step is to enter your customer details, including invoice address and delivery address, if different. The third step is to choose your payment method. During the last step, you also have the option of checking all information again (e.g. name, address, payment method, product ordered), and correcting it if required.
By clicking the order button “complete payment”, the customer makes a binding offer to purchase the products contained in the basket. However, this request can only be made and transmitted if the customer has accepted NICI’s terms and conditions and incorporated them into their request by clicking the button “Accept General Ts & Cs”.
(4) Confirmation that your order has been received is sent by email as soon as your order is sent. This email lists the customer’s order and can be printed by the customer using the “print” function. This automatic confirmation of receipt only documents that the customer’s order has been received by NICI, and does not constitute NICI’s acceptance of the customer’s request to conclude a contract of purchase.
(5) A contract of purchase only comes into being when NICI issues a declaration of acceptance that is sent in a separate email (order confirmation or invoice), or if we send the goods. We will send the contract text (consisting of order, Ts & Cs and order confirmation or invoice) to the customer on a permanent data carrier (email or printed paper) in this email or in a separate email, but at the latest when the goods are delivered. The contract text will be saved without undermining data protection.
(6) No contract of purchase will come into being for products that are not listed in the confirmation of receipt of the order, such as promotional free gifts for example.
(7) NICI does not offer any products for purchase by minors. Products for children offered by NICI can only be purchased by adults.
(8) NICI reserves the right to only sell products in normal household quantities.
- 3. Delivery, product availability, partial deliveries
(1) The delivery times we give are calculated either from the time of our confirmation of order receipt or from payment of the purchase price, depending on which of the two processes takes place later. Our delivery dates and delivery times are non-binding information only, and can therefore be exceeded by up to three working days, unless a binding delivery date has been expressly agreed between you and us. The day on which we hand over the goods to the shipping company is definitive for adherence to the dispatch date. NICI is not responsible for delays caused by the shipping company.
(2) NICI is unable to guarantee that every product shown in our online shop is actually available. If the product selected by the customer is not available at the time the customer places their order, NICI will inform the customer of this in a separate email. If the product (permanently) cannot be supplied, NICI will not issue a declaration of acceptance. A contract of purchase will not come into being in this case.
(3) If, following acceptance by NICI of the customer’s offer to conclude a contract of purchase, it emerges that the product ordered subsequently cannot be delivered, for example because of delivery problems, or if delivery of the goods fails through your fault after three attempts at delivery, NICI is entitled to withdraw from the contract in accordance with the statutory regulations. Any payments you have made will immediately be refunded.
(4) NICI reserves the right to make partial deliveries if parts of the order cannot be delivered and if this is reasonable for the customer.
(6) Goods are sent by post. If the customer is a consumer, NICI bears the delivery risk. It is unfortunately not possible for the customer to collect their goods.
(7) NICI is happy to deliver your order abroad. However, please bear in mind that deliveries abroad are more expensive and need more time. The customer pays any costs that are incurred for returns from abroad. You can find more information about costs for delivering goods on our web page “shipping and delivery rates”.
- 4. Contract language, saving the contract text
(1) The languages available for conclusion of the contract are German and English.
(2) NICI saves the contract text and sends you the order data and these Ts & Cs by email, in the form of a confirmation of order receipt. For security reasons, the contract text is no longer accessible online.
- 5. Prices, delivery charges, payment
(1) The prices given for consumers in the online shop by NICI are retail prices in Euro, and include the value-added tax that is payable in Germany. Product prices do not include delivery charges. These will be invoiced separately.
(2) Delivery charges can be found on our website. The applicable delivery charges are also given on the order form. Delivery charges should be paid by the customer, unless the customer exercises their right to cancel the contract.
(3) If the customer cancels their contract, they must pay the direct costs of the return.
(4) Please note that, in the case of deliveries to non-EU countries, e.g. Switzerland or the USA, etc. additional duties and charges may be collected by the authority in the country of delivery.
- 6. Payment methods
(1) The customer can select the payment methods available in the online shop (payment by instant transfer, credit card or PayPal).
(2) If the customer has set up a user account, they can change the payment method set up in this user account at any time.
(3) The purchase price is due for payment as soon as the contract is concluded. If the customer defaults on payment, they must pay NICI interest on late payment amounting to 5 percentage points above the respectively valid base rate for the year. If the customer is a business owner, the interest on late payment will amount to 9 percentage points above the respectively valid base rate.
(4) The customer’s obligation to pay interest on late payment does not prevent NICI from claiming further damages caused by delay.
- 7. Reservation of ownership
(1) We reserve ownership of the goods until full payment has been made.
(2) You are not authorised to sell on, pledge, transfer ownership of by way of security, process or otherwise change any goods that we have delivered that are still subject to reservation of title, without our prior written consent.
(3) The customer must inform us as soon as they become aware of any third-party access to goods that are subject to reservation of title. The customer is liable for all costs due for the reversal of such access, in particular bringing third-party proceedings, provided reimbursement of costs is not obtained from the third party concerned.
- 8. Transportation damage
(1) If goods arrive with obvious transport damage, please make a complaint to the carrier straightaway, if possible, and make contact with us immediately.
(2) Failure to make a complaint or to make contact does not affect your legal claims, in particular your rights under warranty, and their enforcement. However, by making contact, you can help us to be able to make our own claims against the carrier or transportation insurance.
- 9. Warranty and guarantee
(1) NICI is liable for defects of quality in accordance with the applicable statutory regulations, in particular §§ 434 ff. BGB. This means that, in the first instance, the customer can request supplementary performance, i.e. their choice of replacement or remedy of faults. The presence of other statutory requirements entitles the customer to reduction of the purchase price or to withdraw from the contract. The requirements under 10 below also apply to claims for damages because of faulty goods, in addition to the statutory requirements.
(2) If the customer is a consumer, all warranty claims become statute-barred two years after hand-over. For business owners, the warranty period on goods delivered by NICI amounts to 12 months.
(3) The orderer’s warranty claims cannot be assigned.
(4) An additional guarantee only exists in the case of goods delivered by NICI if they have expressly been given in the order confirmation for the product in question.
(5) In the case of supplementary performance by way of substitute delivery, the customer is required to return the first goods delivered to NICI, at NICI’s expense, within 30 days, if this is expressly required by NICI. Faulty goods must be returned in accordance with statutory provisions.
- 10. Liability
(1) The customer cannot make claims for compensation for damages.
(2) This does not include the customer’s claims for damages resulting from loss of life, physical injury, or damage to health, or because of violation of essential contractual obligations (cardinal obligations), or liability for other damages that are the result of intentional or grossly negligent neglect of duty by NICI, its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfilment is required for achieving the aims of the contract.
(3) In the case of violation of essential contractual obligations, NICI is only liable for foreseeable damages as per the provisions of the contract if the violation is the result of ordinary negligence, unless the customer’s claims for compensation for damages result from loss of life, physical injury, or damage to health.
(4) The limitations of para. 1 and 2 also apply in favour of the legal representatives and vicarious agents of NICI if claims are made directly against them.
(5) The limitations of liability resulting from para. 1 and 2 do not apply if NICI has concealed the fault with intent to deceive or has given a guarantee as to the condition of the goods. The same applies if NICI and the customer have concluded an agreement about the condition of the goods. This does not affect the regulations of product liability law.
- 11. Dispute resolution
The European Commission provides an Online Dispute Resolution (ODR) Platform that you can find here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.complaints.screeningphase. Consumers can use this platform to resolve their disputes.
However, NICI is neither required nor prepared to enter into dispute resolution procedures before a consumer arbitration board.
- 12. Cancellation policy
Below you will find advice about the requirements and consequences of the statutory right to cancel the contract in the case of products ordered by mail by consumers. This is not associated with contractual granting of rights that go beyond statutory rights. In particular, commercial resellers are not entitled to the statutory right to cancel the contract.
Right to cancel
In order to exercise your right to cancel, you must inform us of your decision to cancel this contract by making a clear declaration (e.g. by letter sent by post or by email). You can, but do not have to, use the sample cancellation form provided. Please send your cancellation to:
Langheimer Straße 94
Sending your notification of your intent to exercise your right to cancel before the cancellation period expires is sufficient to comply with the cancellation period.
Consequences of cancellation
If you cancel this contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of additional costs that result from you having chosen a delivery method other than the competitive standard delivery that we offer), immediately, and at the latest within fourteen days of the day on which we received the notification of your cancellation of this contract.
We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged fees for this refund. We can refuse repayment until we have received the goods or until you have provided proof that you have sent back the goods, depending on which happens earlier.
You must send back or hand over the goods to us immediately or, at the latest within fourteen days of the day on which you informed us about cancellation of this contract. The time limit is met if you dispatch the goods before expiry of the fourteen-day period. You must pay the direct costs of sending back the goods. You are only responsible for any loss in value of the goods, if this loss in value can be attributed to handling of the goods that was not necessary for checking their condition, properties and function.
Sample cancellation form
If you wish to cancel the contract, please complete and return this form to:
Langheimer Straße 94
I/we (*) hereby cancel the contract I/we (*) have concluded concerning the purchase of the following goods (*) / provision of the following service (*)
Ordered on (*)
Received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper).
(*) Please delete as applicable.
In the case that you like to send your cancellation of order by Email you can use the cancellation form. Optionally you can send your cancellation to the Email address: firstname.lastname@example.org.
- 13. Privacy
(2) The customer is entitled to request and receive information about data stored concerning them, at any time.
- 14. Links to websites
If NICI refers to or provides links to third-party websites on its internet presence, NICI is unable to make any guarantees or accept any liability for the accuracy or completeness of the content and data security of these websites. As NICI is unable to influence adherence to data protection provisions by third parties, you should separately examine the privacy policies provided in each case.
- 15. Applicable law and jurisdictional venue
(1) The law of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), applies to the contractual relations between NICI and the customer. This does not affect statutory provisions on limiting the choice of law and on applicability of mandatory provisions, particularly those of the state in which the customer, as a consumer, has their habitual place of residence.
(2) If the customer is a business person, a legal person under public law or a special fund under public law, the jurisdictional venue for all disputes resulting from or in connection with contracts between NICI and the customer is the headquarters of NICI GmbH.
- 16. Concluding provision
(1) This contract contains all agreements made between the parties concerning the subject of the contract. There are no verbal additional agreements.
(2) If one or more regulations of these Ts & Cs are ineffective, this does not result in the ineffectiveness of the entire contract. The ineffective regulation is replaced by the relevant statutory regulation. However, if this would constitute an unreasonable hardship for one of the parties to the contract, the contract as a whole will become ineffective.
Altenkunstadt, April 2020