Right of withdrawal
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs:
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur 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.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with NIEMERIA.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the stated product prices, shipping costs are also added. You can find out more about the shipping costs in the offers.
We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.
5. Payment
In our shop you can generally use the following payment methods:
Payment in advance
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
When you place your order, you provide your credit card details. Your card will be charged immediately after you place your order.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
6. Right of withdrawal
Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.
7. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please always complain about such errors to the deliverer immediately and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
8. Warranty and guarantees
Applicability of statutory liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty or malice
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is open.
Restrictions on consumers
Restrictions on entrepreneurs
For businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is made without any warranty. The statutory limitation periods for the recourse claim according to Section 445a of the German Civil Code remain unaffected.
Regulations for merchants
Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
Warranties and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
9. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
in case of injury to life, body or health, unless the regulations were not complied with. For example, small parts that could be swallowed are given to small children.
in the event of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.
Terms and Conditions created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.