GENERAL TERMS AND CONDITIONS

1. AREA OF APPLICATION

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his 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 his commercial or self-employed professional activity.

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with Nico Bauer & Daniel Seiler GbR.

By placing the products in the online store, 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 sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. TERMS OF DELIVERY

In addition to the stated product prices may still be shipping costs. For more information about shipping costs, please refer to the offers.

We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.

5. PAYMENT

In our store you can basically use the following payment methods:

Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
In the order process you enter your credit card details. Your card will be charged immediately after placing the order.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) we offer the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and in the order process.

PayPal
To pay the invoice amount via the payment option PayPal, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

Credit card through PayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.

Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions in the order process.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.

giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

paydirekt
To pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”) we offer the following payment options. Payment via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further instructions with the respective payment option and in the order process.

Purchase on account via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.

Klarna credit card
You enter your credit card details in the order process. Your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.

Klarna Direct Debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the debit (so-called prenotification). The account will be debited after the goods have been shipped.

6. RIGHT OF REVOCATION

You are entitled to the statutory right of cancellation as described in the cancellation policy.

7. RESERVATION OF OWNERSHIP

The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. TRANSPORT DAMAGES

For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. WARRANTY AND GUARANTEES

9.1 LIABILITY FOR DEFECTS

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.

The following limitations and reductions of time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

* in case of injury to life, body or health
* in case of intentional or grossly negligent breach of duty as well as fraudulent intent
* bei Verletzung wesentlicher Vertragspflichten, deren Erfüllung die ordnungsgemäße Execution of the contract in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations).
* within the scope of a guarantee promise, if agreed, or
* insofar as the scope of application of the Product Liability Act is opened.

Restrictions towards entrepreneurs

With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations towards merchants

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9.2 WARRANTIES AND CUSTOMER SERVICE

Information on additional warranties, if any, and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: customization and complaints

10. RESPONSIBILITY

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

* in case of injury to life, body or health,
* in the event of intentional or grossly negligent breach of duty,
* in the case of warranty promises, if agreed, or
* insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. FINAL TERMS

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

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