Terms and conditions for consumers
General terms and conditions for the NICI online shop
- For consumers only -
1. Scope, definitions
(1) For the business relationship between the web shop provider , NICI GmbH (hereinafter “NICI”), and the customer, provided the customer is a consumer within the meaning of . § 13 BGB (hereinafter “customer” or “you”), the following general terms and conditions apply exclusively. We do not recognize any customer conditions that conflict with or deviate from our terms and conditions, even if NICI does not expressly object to their inclusion, unless NICI expressly agrees to their validity in writing.
All offers, purchase contracts, deliveries and services based on your order via our online shop for consumers on the website nici.de (hereinafter “online shop”) are subject to these General Terms and Conditions. The version of our terms and conditions valid at the time the contract is concluded is decisive.
(2) A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either a commercial or an independent professional activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Contractual partner, conclusion of contract
(1) The purchase contract is concluded with NICI GmbH.
(2) The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. Information from NICI about the products (technical data, dimensions, colors, etc.) are only approximate guidelines; They do not represent a quality agreement or guarantee. Shipping costs may apply in addition to the product prices stated there. You can find out more details about any shipping costs that may apply in the individual offers.
(3) You can initially collect our products into a so-called shopping cart without obligation using the “Add to shopping cart” button and correct your entries at any time before sending your binding order by using the correction aids provided for this purpose in the ordering process.
When ordering via our online shop, the ordering process involves a total of 4 steps: In the first step, you select the goods you want. In the second step, enter your customer data including the billing address and, if necessary, a different delivery address. In the third step, you choose how you want to pay. In the last step, you have the opportunity to check all information (e.g. name, address, method of payment, items ordered) and correct it if necessary.
By clicking on the “order with payment” order button, the customer makes a binding offer to purchase the goods contained in the shopping cart. However, this application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions of NICI by clicking on the “Accept Terms and Conditions” button and thereby included them in their application.
(4) Confirmation of receipt of your order is sent by email immediately after sending the order, in which the customer's order is listed again and which the customer can print out using the "print" function. The automatic confirmation of receipt only documents that the customer's order has been received by NICI and does not constitute acceptance by NICI of the customer's request to conclude a purchase contract.
(5) A purchase contract is only concluded when NICI submits the declaration of acceptance, which is sent with a separate email (order confirmation or invoice), or when we dispatch the goods. In this email or in a separate email, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, general terms and conditions and order confirmation or invoice) to the customer on a durable medium (email or paper printout). (confirmation of contract). The contract text is stored in compliance with data protection.
(6) No purchase contract is concluded for products that are not listed in the confirmation of receipt of the order, such as advertising items.
(7) NICI does not offer 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 goods in normal household quantities.
(9) NICI reserves the right to check the customer's creditworthiness in an appropriate manner before accepting the order. Details can be found in NICI's separate data protection declaration.
3. Delivery, availability of goods, partial deliveries
(1) Delivery times specified by us are calculated from the time we confirm receipt of the order, assuming prior payment of the purchase price. Our delivery dates or delivery periods are exclusively non-binding information 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 date on which we hand over the goods to the shipping company is decisive for compliance with the shipping date. NICI is not responsible for delays caused by the shipping company.
(2) NICI cannot guarantee that every item shown in our online shop is actually available. If no copies of the product selected are available at the time of the customer's order, NICI will inform the customer of this in a separate email. If the product is not (permanently) available, NICI will not issue a declaration of acceptance. In this case, a purchase contract is not concluded.
(3) If, after NICI accepts the customer's offer to conclude a purchase contract, it turns out that the ordered product cannot be delivered, for example due to delivery difficulties, or if the delivery of the goods fails due to your fault despite three attempts to deliver, NICI is responsible In accordance with the legal regulations, you are entitled to withdraw. Any payments made will be refunded to you immediately.
(4) NICI reserves the right to make partial deliveries if parts of an order cannot be delivered and this is reasonable for the customer.
(6) The goods are dispatched by post. NICI bears the shipping risk if the customer is a consumer. Unfortunately, a self collection of the product is not possible.
(7) NICI is happy to deliver your order abroad. However, please note that in this case higher shipping costs will apply and longer delivery times will apply. The customer bears any costs resulting from returns from abroad. Further information about the respective costs for shipping the goods can be found on our corresponding website under “Shipping and payment”.
4. Contract language, contract text storage
(1) The languages available for concluding the contract are German and English.
(2) NICI saves the contract text and sends you the order data and these General Terms and Conditions in the form of an order confirmation by email. For security reasons, the contract text is no longer accessible via the Internet.
5. Prices, shipping costs, payment
(1) The prices stated in NICI's online shop for consumers are final prices in euros and include the statutory VAT applicable in Germany. Shipping costs are not part of the product prices and are invoiced separately.
(2) The shipping costs incurred for delivery can be found on our website. The corresponding shipping costs will be stated to the customer again in the order form and must be borne by the customer unless the customer exercises their right of withdrawal.
(3) In the event of a cancellation, the customer must bear the direct costs of the return.
(4) Please note that for deliveries to non-EU countries, e.g. Switzerland, USA etc., additional customs duties and fees may be charged by authorities in the delivery country.
6. Payment methods
(1) The customer can choose the payment methods offered in the online shop (payment via Paypal , instant bank transfer or credit card).
(2) The customer can change the payment method stored in his user account at any time, provided he has created a customer account.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the customer defaults on payment, he will be charged interest on arrears amounting to NICI for the year . 5 percentage points above the applicable base interest rate. If the customer is an entrepreneur, the default interest is 9 percentage points above the applicable base interest rate.
(4) The customer's obligation to pay default interest does not preclude NICI from claiming further damages due to default.
(5) To carry out the payment, NICI uses the services of Heidelpay GmbH, Vangerowstrasse 18, 69115 Heidelberg, and PayPal (Europe) S.à rl . et Cie , SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. By agreeing to our data protection declaration, the customer agrees to the transfer and processing of his data by these service providers.
7. Retention of title
(1) The goods remain our property until full payment.
(2) Without our prior written consent, you are not entitled to resell, pledge, assign as security, process or otherwise redesign the goods delivered by us and which are still subject to retention of title.
(3) The customer must inform us of any access by third parties to the reserved goods immediately after becoming aware of it. The customer is liable for all costs incurred for revoking such access, in particular by filing a third-party objection action, if reimbursement of the costs cannot be obtained from the third party in question.
8. Transport damage
(1) If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately.
(2) Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
9. Warranty and Guarantee
(1) NICI is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. This means that the customer can primarily demand supplementary performance, ie, at his discretion, subsequent delivery or elimination of defects. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. For claims for damages due to a defect in the goods, the conditions set out in Section 10 below apply – in addition to the legal requirements.
(2) All claims for defects from customers who are consumers expire two years after delivery. For entrepreneurs, the warranty period for items delivered to NICI is 12 months.
(3) The assignment of the customer's warranty claims is excluded.
(4) An additional guarantee only exists for the goods delivered by NICI if this was expressly provided in the order confirmation for the respective item.
(5) If the subsequent fulfillment takes place by way of replacement delivery, the customer is obliged to return the goods delivered first to NICI within 30 days at NICI's expense, if NICI expressly requests this. The defective goods must be returned in accordance with legal regulations.
10. Liability
(1) Customer claims for damages are excluded.
(2) Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty on the part of NICI, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(3) In the event of a breach of essential contractual obligations, NICI is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(4) The restrictions in paragraphs 1 and 2 also apply to the benefit of NICI's legal representatives and vicarious agents if claims are asserted directly against them.
(5) The limitations of liability resulting from paragraphs 1 and 2 do not apply if NICI has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if NICI and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: Online Dispute Resolution. Consumers have the opportunity to use the platform to resolve their disputes.
However, NICI is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Cancellation policy
Below you will find information about the requirements and consequences of the statutory right of withdrawal for mail order orders for consumers. This does not involve any contractual granting of rights that goes beyond the law. In particular, commercial resellers do not have the statutory right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods or, if these goods were delivered separately, the last goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory. Please send your revocation to:
NICI GmbH
online shop
Langheimer Straße 94
96264 Altenkunststadt
Email: onlineshop@nici.de
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
If you would like to cancel the contract, please fill out this form and send it back to:
NICI GmbH
online shop
Langheimer Straße 94
96264 Altenkunststadt
Email: onlineshop@nici.de
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 at (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notification).
Date
(*) Please delete what is not applicable
If you would like to send your cancellation by email , you can use the return form. Alternatively, you can also send the revocation to the email address onlineshop@nici.de.
13. Data Protection
(1) NICI collects and stores the customer’s data necessary for business transactions. NICI treats customer data with great care and attaches the highest importance to compliance with data protection. When processing the customer's personal data, NICI observes the legal provisions. Further details can be found in the data protection declaration available in our online offer.
(2) Upon request, the customer will receive information about the personal data stored about them at any time.
14. Links to websites
If NICI refers or links to third-party websites on its website, NICI cannot assume any liability or guarantee for the accuracy and completeness of the content or data security of this website. Since NICI has no influence on third parties' compliance with data protection regulations, you should check the data protection declarations offered separately.
15. Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationships between NICI and the customer, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is NICI GmbH for all disputes arising from or in connection with contracts between NICI and the customer.
16. Final provision
(1) This contract contains all agreements made between the parties regarding the subject matter of the contract. Verbal collateral agreements do not exist.
(2) If one or more provisions of these General Terms and Conditions are ineffective, this does not result in the invalidity of the entire contract. The ineffective regulation will be replaced by the relevant legal regulation. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be invalid.
Altenkunstadt, April 2020