Terms and Conditions

GENERAL TERMS AND CONDITIONS

NICAY Online Shop Germany

§ 1 Scope and contracting party

(1)

For the business relationship between NICAY, Ostallee 51, 54290 Trier, Germany, (hereinafter "Seller") and the customer (hereinafter "Customer") for transactions in the online shop Germany, at https://www.nicay.de or for personal orders in the NICAY shop, the following General Terms and Conditions (hereinafter "GTC") shall apply in their version valid at the time of the respective order.

(2)

The GTC regulate the details of the contractual relationship and also contain important consumer information in the legally relevant version. The customer can access the GTC when placing an order via links in the online shop, save them on their computer and/or print them out. The GTC relevant for the order will be sent to the customer separately again together with the contract confirmation upon delivery of the goods on a durable medium (by e-mail in PDF attachment).

(3)

For questions, requests or complaints, the customer can contact customer service for the online store at any time as follows:

NICAY

Ostallee 51, 54290 Trier, Germany, Telephone: +49 (0) 160-96658718, E-mail: info@nicay.de

The range of goods in the online store is aimed exclusively at adult consumers.

A consumer in the sense of the legal definition is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

§ 2 Order process

(1)

The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to cart" button. The content of the shopping cart is considered an offer from the seller to the buyer.

(2)

If the customer clicks on the "Order with obligation to pay" button, they accept the offer to purchase the goods in the shopping cart ("Order").

(3)

Before submitting the order, the customer can view and change the order data at any time. A change is possible via the "Change order" button or via links to the individual order data fields and "Back" functions.

(4)

After placing the order, the customer will receive an automatic confirmation of receipt by e-mail, which again reproduces the content of the customer's order.

(5)

After receipt of the order, it may occasionally happen that items are no longer available.

In this case, the seller reserves a (partial) contractual right of withdrawal until the time of handing over the goods to the customer. The seller will inform the customer in case of exercising the right of withdrawal. In this case, the seller undertakes to immediately (within 7 days at the latest) reimburse all payments already received from the customer for the undelivered goods (including any payments made for a specific shipping option) from the day of withdrawal. For this refund, the seller will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged fees for this refund.

(6)

The customer's statutory right of withdrawal (see § 7) and the customer's warranty rights remain unaffected by the above provisions.

(7)

The contract is concluded in German. The contract text (consisting of order, GTC and contract confirmation) is stored by the seller in compliance with data protection regulations and sent to the customer by e-mail.

§ 3 Delivery, delivery times

(1)

Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.

(2)

Unless otherwise stated, the delivery time from order and payment by standard shipping is approx. 2 to 3 working days, by express shipping approx. 1 to 2 working days.

(4)

After handing over the goods to the shipping company, the customer will receive a shipping confirmation from the seller by e-mail, as well as all necessary information about the shipping status and the estimated time of day the customer can expect delivery.

(5)

If the seller cannot meet a binding delivery deadline for reasons for which he is not responsible (e.g. due to force majeure), the seller will inform the customer immediately, stating the new delivery deadline. If the new delivery deadline is not acceptable to the customer, the customer is entitled to withdraw from the contract with regard to the goods concerned; in this case, the seller will immediately refund any consideration already paid by the customer. The statutory rights of the contracting parties remain unaffected by this.

The customer's right of withdrawal and the customer's statutory warranty rights remain unaffected by the above provisions.

§ 4 Prices and shipping costs

(1)

All prices stated in the seller's online store include the applicable statutory value-added tax.

The seller will inform the customer of the applicable shipping costs immediately before the order is placed. The customer shall bear the shipping costs communicated to him and any additional costs.

§ 5 Payment

(1)

The seller only accepts the payment methods "Bank transfer" and "Paypal" displayed to the customer during the ordering process.

(2)

When using the "Paypal" payment method, the bank or Paypal account will be debited after the customer's order. To complete the payment, the customer switches directly to the payment service provider's website immediately after ordering and authorizes the transaction; from there, the customer returns to the seller's online store.

(3)

When using the "Bank transfer" payment method, the customer will only receive an invoice together with the goods.

(4)

The customer agrees to receive invoices electronically. Electronic invoices will be sent to the customer as a PDF attachment by e-mail.

§ 6 Retention of title

The delivered goods remain the property of the seller until the purchase price has been paid in full.

§ 7 Right of withdrawal

(1)

Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, from which deviations are only permissible in favour of the consumer. The seller informs about this in accordance with the legal provisions as follows:

INSTRUCTIONS ON WITHDRAWAL

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us (contact details see below) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory. You can also download or print another clear statement for exercising your right of withdrawal from our website.

You can also exercise your right of withdrawal by returning the goods in question to us together with the return slip enclosed with the delivery within the withdrawal period; a separate declaration is then not required.

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

Contact details for withdrawal:

In case of a written declaration of withdrawal:

NICAY

Ostallee 51, 54290 Trier

In case of withdrawal by e-mail: info@nicay.de

In case of withdrawal by telephone: +49 (0) 160-96658718

In case of declaration of withdrawal by returning the goods:

NICAY

Ostallee 51, 54290 Trier

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us (see above). The deadline is met if you send back the goods before the period of 14 days has expired.

The buyer bears the costs for returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

(2)

We inform about the model withdrawal form in accordance with the legal regulation as follows. However, it does not have to be used.

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

–

To [here the name, address and, if applicable, the fax number and e-mail

address of the entrepreneur must be inserted by the entrepreneur]:

–

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)

–

Signature of the consumer(s) (only for notification on paper)

–

Date

(*) Delete as appropriate

 

§ 8 Warranty

The warranty for defects of the purchased goods is governed by the statutory provisions. This applies regardless of the customer's statutory right of withdrawal in accordance with § 7. The seller is liable for damages exclusively in accordance with § 10.

§ 9 Liability

(1)

The seller is liable without limitation for intent and gross negligence. For simple negligence, the seller is only liable for damages resulting from injury to life, body, health or a material contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose observance the contracting party regularly relies and may rely).

(2)

In the event of a simply negligent breach of material contractual obligations, the seller's liability is limited to the foreseeable, typical damage. Otherwise, the seller's liability is excluded.

(3)

The above limitations of liability also apply in favour of the seller's legal representatives and vicarious agents.

(4)

The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act.

§ 10 Note on the ADR Regulation

The seller does not participate in dispute resolution proceedings before a consumer arbitration board.