ABG

GENERAL TERMS AND CONDITIONS OF BUSINESS

1.1. The following terms and conditions apply to all orders placed via our online shop in the version valid at the time of the order. Any deviating general terms and conditions of the customer will not be accepted unless we expressly agree to their validity in writing.

1.2. The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

2. Contracting parties, conclusion of contract:

2.1 The purchase contract is concluded with:

Julia Ickert
Pilsenseeweg 22, 82194 Gröbenzell
Germany

Managing Director: Julia Ickert

2.2 The language available for concluding the contract is exclusively German.

2.3. The presentation of the goods in our online shop does not constitute a legally binding offer to conclude a purchase contract, but rather a non-binding online catalogue.

2.4. The customer can select products from the range and collect them in a so-called shopping cart by clicking on the "Add to shopping cart" button. By clicking on the "Buy" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his request.

2.5. We will then send the customer an automatic confirmation of receipt by email, 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 merely documents that we have received the customer's order and does not constitute acceptance of the application. The contract is only concluded when we submit the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than when the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation).

3. Delivery conditions

3.1. Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is stated for the respective goods in our online shop, it is 4 days within Germany and 7 days within Europe.

3.2. If no copies of the product selected by the customer are available at the time of the customer's order, we will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from accepting the order. In this case, no contract is concluded. We will refund any payments made.

3.3. If the product specified by the customer in the order is only temporarily unavailable, we will also inform the customer of this immediately in the order confirmation.

3.4. All prices stated in our online shop include the applicable statutory sales tax.

3.5. The corresponding shipping costs are indicated with the goods or at the end of the ordering process and are to be borne by the customer.

3.6. The goods are shipped in a climate-neutral manner via DHL. We bear the shipping risk if the customer is a consumer. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time at which he or she defaults on acceptance.

3.7. We do not deliver to packing stations. Deliveries are only made to Europe.

3.8. We do not offer partial deliveries, but reserve the right to split the delivery into several packages for logistical reasons. We will bear any additional shipping costs.

4. Terms of payment

4.1. In our online shop, the customer can generally choose from the following payment methods:

– Prepayment, Klarna invoice and via

– PayPal PLUS: PayPal, credit card, direct debit

available.

4.2. For advance payment, the payment is made directly to our account. As soon as we receive the transfer, we prepare the shipment. We wait a maximum of 7 days for the transfer to be received. After that, the order is automatically canceled. If an item cannot be delivered, we will automatically refund the overpaid amount to the customer's bank account within 14 days.

4.3. When paying with PayPal, the customer is redirected directly to the PayPal website. After logging in and confirming the payment process, the payment method selected at PayPal is immediately charged. If an item is not available, we will refund the amount to the customer's PayPal account within 14 days.

4.4 Payment of the purchase price is due immediately upon conclusion of the contract.

5. Retention of title

The goods remain our property until full payment has been made.

6. Warranty and guarantees

6.1 The statutory liability for defects applies.

6.2. An additional guarantee only exists for the goods delivered by us if this was expressly stated in the order confirmation for the respective article.

7. Liability

7.1. The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on our own intentional or grossly negligent breach of duty or that of our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

7.2. In the event of a breach of essential contractual obligations, we shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.

7.3. The restrictions in paragraphs 1 and 2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.

7.4. The liability limitations arising from paragraphs 1 and 2 do not apply if we have fraudulently concealed the defect or have given a guarantee for the quality of the item. The same applies if we and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

8. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us ([name and address]) 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 model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

However, we will cover the cost of return shipping within Germany if you use the return label provided by us.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

 

sample cancellation form

 

(If you want to cancel the contract, please fill out this form and send it back.)

To:
Julia Ickert
Pilsenseeweg 22, 82194 Gröbenzell
service@ninarein.com

I/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 on _______________________(*)

Name of the consumer(s) ______________________________________

address of the consumer(s)

_________________________________

_________________________________

_________________________________

Date:________________

Signature of the consumer(s):___________________________________________

(only for notification on paper)

 

(*) Delete as appropriate

9. Data Protection

9.1. We will process all personal data provided by the customer during the ordering process (such as title, name, address, date of birth, email address, telephone number, bank details) exclusively in accordance with the provisions of data protection law.

9.2. The personal data, insofar as they are required for the establishment, content or changes to the contractual relationship (master data), are initially used exclusively to process the purchase contracts concluded between us and the customer, for example to deliver goods to the address provided by the customer. For this purpose, the data is also passed on to logistics companies (currently DHL) where necessary.

9.3. When registering for the newsletter, the email address provided by the customer will be used for our own advertising purposes until he or she unsubscribes from the newsletter. Unsubscribe is possible at any time.

9.4. Further information on how we handle our customers’ data can be found in the Privacy Policy https://ninarein.com/pages/datenschutz .

10. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Miscellaneous

11.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2 If the customer is a merchant, the exclusive place of jurisdiction for disputes arising from or in connection with the business relationship is Munich.

11.3 Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.