Terms of service
Terms and Conditions
NICAY Online Shop Germany
§ 1 Scope and Contracting Party
(1)
The following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the respective order shall apply to the business relationship between NICAY, Ostallee 51, 54290 Trier, Germany (hereinafter “Seller”), and the customer (hereinafter “Customer”) for transactions in the Germany Online Shop at https://www.nicay.de or for personal orders in the NICAY Shop.
(2)
The GTC govern the details of the contractual relationship and also contain important consumer information in the legally relevant version. Via links in the online shop, the Customer may access the GTC during the ordering process, save them on their computer, and/or print them out. The GTC applicable to the order will also be sent separately to the Customer together with the contract confirmation upon delivery of the goods on a durable medium (by email as a PDF attachment).
(3)
The Customer may contact customer service for the online store at any time with questions, requests, or complaints as follows:
NICAY, Ostallee 51, 54290 Trier, Germany, Telephone: +49 (0)160 95558718, Email: info@nicay.de
The range of goods offered in the online store is intended exclusively for adult consumers. A consumer within the meaning of the statutory definition is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.
§ 2 Ordering Process
(1)
The Customer may select products from the Seller’s assortment and collect them in a so-called shopping cart via the “Add to Cart” button. The contents of the shopping cart constitute an offer by the Seller to the Buyer.
(2)
By clicking the “order with obligation to pay” button, the Customer accepts the offer to purchase the goods contained in the shopping cart (“Order”).
(3)
Before submitting the Order, the Customer may view and modify the order data at any time. Changes may be made via the “Change Order” button, links to the individual order data fields, and “Back” functions.
(4)
After submitting the Order, the Customer will receive an automatic acknowledgment of receipt by email, which again reproduces the content of the Customer’s Order.
(5)
After receipt of the Order, it may occasionally occur that items are no longer available. In this case, the Seller reserves the right to withdraw (in whole or in part) from the contract until the goods are handed over to the Customer. The Seller will inform the Customer if the right of withdrawal is exercised. In such a case, the Seller undertakes to reimburse all payments already received from the Customer for the undelivered goods (including any payments made for a specific shipping option) without undue delay, and no later than 7 days from the date of withdrawal. For this repayment, the Seller will use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no case will the Customer be charged any fees for this repayment.
(6)
The Customer’s statutory right of withdrawal (see § 7) and warranty rights remain unaffected by the above provisions.
(7)
The contract is concluded in the German language. The contract text (consisting of the Order, GTC, and contract confirmation) is stored by the Seller in compliance with data protection regulations and sent to the Customer by email.
§ 3 Delivery, Delivery Times
(1)
Unless otherwise agreed, delivery shall be made to the delivery address specified by the Customer.
(2)
Unless otherwise stated, the delivery period from ordering and payment is approximately 2 to 3 working days for standard shipping and approximately 1 to 2 working days for express shipping.
(4)
After the goods have been handed over to the shipping company, the Customer will receive a shipping confirmation by email from the Seller, together with all necessary information regarding shipment status and the estimated time of day at which delivery can be expected.
(5)
If the Seller is unable to meet a binding delivery deadline for reasons beyond its control (e.g., force majeure), the Seller shall inform the Customer without undue delay and specify a new delivery period. If the new delivery period is not acceptable to the Customer, the Customer is entitled to withdraw from the contract with regard to the affected goods; any consideration already provided shall be refunded by the Seller without undue delay. The statutory rights of the contracting parties remain unaffected.
The Customer’s right of withdrawal and 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 (VAT).
The Seller shall inform the Customer of the shipping costs incurred immediately before submission of the Order. The Customer shall bear the communicated shipping costs and any additional costs.
§ 5 Payment
(1)
The Seller accepts only the payment methods displayed to the Customer during the ordering process: “Bank Transfer” and “PayPal”.
(2)
When using the “PayPal” payment method, the Customer’s bank account or PayPal account will be charged after the Order is placed. To complete the payment, the Customer is redirected immediately after ordering to the payment provider’s website and authorizes the transaction there; the Customer is then returned to the Seller’s online store.
(3)
When using the “Bank Transfer” payment method, the Customer receives an invoice only together with the goods.
(4)
The Customer agrees to receive invoices electronically. Electronic invoices will be sent to the Customer by email as a PDF attachment.
§ 6 Retention of Title
The delivered goods remain the property of the Seller until full payment of the purchase price has been made.
§ 7 Right of Withdrawal
(1)
Consumers generally have a statutory right of withdrawal when concluding a distance-selling contract, from which deviations are permitted only in favor of the consumer. The Seller provides information about this in accordance with statutory regulations as follows:
WITHDRAWAL INSTRUCTIONS
Right of Withdrawal
You have the right to withdraw from this contract within 30 days (thus extending beyond the statutory period of 14 days) without giving any reason.
The withdrawal period is 30 days from the day on which you, or a third party designated by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (contact details below) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, although this is not mandatory. You may also download or print another clear declaration for exercising your right of withdrawal from our website.
You may also exercise your right of withdrawal by returning the relevant goods together with the return form enclosed with the delivery within the withdrawal period; in this case, a separate declaration is not required.
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Contact details for withdrawal:
In the event of written withdrawal:
NICAY
Ostallee 51
54290 Trier
In the event of withdrawal by email: info@nicay.de
In the event of withdrawal by telephone: +49 (0)160 96658718
In the event 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 delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you incur any fees as a result of this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.
You must return the goods to us (see above) without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
The Buyer bears the cost of returning the goods.
You are only liable for any diminished value of the goods if this loss in value is due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
(2)
We provide information about the model withdrawal form in accordance with statutory regulations as follows. However, its use is not mandatory.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
–
To [the trader must insert their name, address, and, where applicable, fax number and email address here]:
–
I/We (*) hereby withdraw from 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 consumer(s)
–
Address of consumer(s)
–
Signature of consumer(s) (only if this form is notified on paper)
–
Date
(*) Delete as appropriate
§ 8 Warranty
The warranty for defects in the purchased goods is governed by the statutory provisions. This applies irrespective of the Customer’s statutory right of withdrawal under § 7 and the option under § 8 to return goods to the NICAY Shop in Trier. The Seller shall be liable for damages exclusively in accordance with § 10.
§ 9 Liability
(1)
The Seller shall have unlimited liability for intent and gross negligence. In cases of ordinary negligence, the Seller shall only be liable for damages arising from injury to life, body, or health, or from the breach of an essential contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely).
(2)
In the event of an ordinary negligent breach of essential contractual obligations, the Seller’s liability shall be limited in amount to the foreseeable damage typically occurring. Otherwise, the Seller’s liability is excluded.
(3)
The above limitations of liability shall also apply in favor of the Seller’s legal representatives and vicarious agents.
(4)
The above limitations of liability shall not apply where the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies to claims by the Buyer under the Product Liability Act.
§ 10 Notice Regarding the ADR Regulation
The Seller does not participate in dispute resolution proceedings before a consumer arbitration board.