General Terms and Conditions NNSQUARE online shop (as of June 2015)
§1 Validity and definition of terms
(1) The General Terms and Conditions stated in the following apply to all deliveries by us to the customer, in their valid form at the time the order was placed.
(2) “Customer” in terms of these General Terms and Conditions is any natural person entering into a transaction which can neither be attributed to its commercial nor to the person’s professional freelance occupation.
§2 Formation of contract, storing of the contractual text
(1) The following regulations for the conclusion of a contract apply for orders placed through our online shop http://www.nnsquare.com.
(2) In case of a conclusion of contract, the contract is concluded with
Holger Nitsche - Jürgen Neudeck
(3) The presentation of the products in our online shop does not represent a legally binding offer on our part, but is the non-binding invitation to the customer to order. With the placement of his order, the customer constitutes a binding offer for the conclusion of a purchase contract.
The acceptance of the order takes place with the dispatch of the invoice. The invoice has to be dispatched within the agreed period of payment. When this period expires without an invoice being dispatched, the offer has been declined.
(4) On reception of a purchase order through our online shop the following regulations apply: The customer makes a binding offer for the conclusion of a purchase contract by successfully going through the ordering procedure as specified in our online shop.
An order is placed by completing the following steps:
- Clicking the button “order form”
- Choosing the desired product(s)
- Completing the personal data on the order form
- Accepting the General Terms and Conditions by ticking off the respective box
- Review and/or correction of data
- Placing a binding order by clicking the “place order” button
The receipt of the order is confirmed by the dispatch of the invoice within a week. The invoice represents the confirmation of the order.
§3 Prices, delivery charges, payment, maturity
(1) Prices include statutory VAT and any other price components. Delivery charges may be added.
(2) The buyer pays by advance-payment. He is therefore required to pay the purchase price on conclusion of the contract without delay.
(1) Unless clearly stated in the product specification, all products are in stock and can be shipped immediately.
(2) Goods will be shipped on receipt of payment.
§5 Retention of title
We retain ownership of the goods until receipt of all payments.
§6 Right of cancellation
Notice of cancellation
Right of cancellation
You may cancel the contractual agreement on your part without stating a reason within a period of two weeks (14 days) by e-mail or by returning the goods, if they were delivered to you before the expiry of the term. The cancellation period begins on receipt of this notice in writing, however, not before the reception of the goods (for repeat orders of identical or similar products not before the first consignment) and neither before we have complied with our obligation to give information pursuant to article 246 § 2 in conjunction with § 1 sections 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our obligation pursuant to the first sentence of § 312g section 1 BGB (German Civil Code) in conjunction with article 246 § 3 EGBGB. The timely dispatch of the cancellation of contract in written form or of the goods is sufficient to safeguard the cancellation period.
The cancellation is to be addressed to:
Consequences of cancellation
In the event of a valid cancellation, the received payments or goods received of both parties are to be restored and any possibly drawn benefits (e.g. interest) surrendered. If you are either wholly or partly unable to restore the goods received or can restore them only in an impaired condition, you shall have to compensate for the value loss accordingly. You shall only be liable to compensate for the impairment of the item and drawn benefits in as far as benefits or impairment of the goods exceed the examination of the goods for their characteristics and functionality. By the examination of goods for their characteristics and functionality we mean testing them as one would be able to in a shop.
Goods that may be shipped by parcel are returned at our risk. You shall have to cover the shipping costs, if the delivered goods correspond to the ordered product(s) and when the value of the returned goods does not exceed 40 Euros; or in the event that the price of the product has gone up by the time of your cancellation and you have not yet provided full payment or a contractual instalment. Otherwise, the return of goods is free of charge for you. Goods that may not be shipped by parcel will be picked up. Any open payments are to be reimbursed within 30 days. For you the period begins with the dispatch of the cancellation notification, for us with its receipt.
The right to cancel does not apply to the delivery of goods which have been made to customer specifications or are clearly customised to the buyer's personal requirements. Neither does it apply to products that are not part of the regular range of products but have been specifically produced upon customer request, i.e. special sizes.
End of notice of cancellation.
§7 Contractual arrangements regarding shipping fees in case of cancellation
Should you make use of your right to cancel the contract, the following is applicable pursuant to § 357 section 2 BGB. You shall have to cover the shipping costs, if the delivered goods correspond to the ordered product(s) and when the value of the returned goods does not exceed 40 Euros; or in the event that the price of the product has gone up by the time of your cancellation and you have not yet provided full payment or a contractual instalment. Otherwise, the return of goods is free of charge for you.
§8 Contract language
The exclusive contract language is German.
No responsibility is accepted for the accuracy of this information. Many of our products are manufactured by manual work. Shape, size, and colour may therefore vary from the image and measurements.
§10 Limitation of liability
We do not accept any product liability and are not liable for any ensuing damages.
Liability in case of negligent and grossly negligent breaches of duty is excluded.
§11 Place of performance and legal venue is Freiburg im Breisgau, Germany
Place of performance and legal venue is Freiburg im Breisgau, Germany.
§12 Applicable law
The contract is subject to German law.
§13 Severability Clause
Should individual regulations of these General Terms and Conditions prove or become invalid due to amendments to the contract, the validity of the other regulations shall thereby not be affected. The contract and the other regulations of these General Terms and Conditions remain binding for both parties. The contracting parties are required to agree on a new regulation the context of which is as close in effect and purpose to the one that has become invalid.
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