General terms and conditions NICAY
Online Shop Germany
§ 1 Scope of application and contractual partners
For the business relationship between the NICAY UG, Brotstr. 11, 54290 Trier, Germany, entered in the Commercial Register of the Local Court of Wittlich, Germany, HRB 41422, the registered office of the company: Trier, Ust-ID-No. DE273086860 (hereafter “Seller”) and the customer (hereafter “Customer”) for business in the Online Shop Germany, under https:// www.nicay.de or with personal order NICAY Shop, the following General Terms, and Conditions (hereafter “GTC”) apply in their version valid at the time of the respective order.
The GTC regulate the details of the contractual relationship and at the same time contain important consumer information in the legally binding version. Via links in the online shop, the customer can call up the GTC when ordering, save them on his computer and print them out. The GTC applicable to the order will be sent to the customer again separately together with the contract confirmation upon delivery of the goods on a permanent data carrier (by e-mail as a PDF attachment)
The customer can contact the customer service for the Online Store at any time in case of questions, requests, or complaints as follows:
NICAY UG, Brotstr. 11, 54290 Trier, Germany, telephone: +49 (0) 651 99147373, E-Mail: firstname.lastname@example.org
The range of goods offered in the Online Store is directed exclusively at consumers of full age. 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 their independent professional activity.
§ 2 expiration of the order
The customer can select products from the seller’s assortment and collect them in a socalled shopping cart by clicking the button “Add to cart.” The content of the shopping cart is considered an offer of the seller to the buyer.
If the customer clicks on the button “order subject to payment,” he accepts the offer to purchase the goods in the shopping cart (“order”).
Before placing the order, the customer can view and change the order data at any time. A change is possible by clicking on the button “Change order” or by links to the individual order data fields and “Back” functions.
After placing the order, the customer will receive an automatic confirmation of receipt by e-mail, which again reflects the content of the customer’s order.
After receipt of order it can happen that some articles are no longer available. In this case, the seller reserves a (partial) contractual right of withdrawal until the time of delivery of the goods to the customer. The seller will inform the customer if the right of withdrawal is exercised. In this case, the seller undertakes to reimburse all payments already received from the customer for the undelivered goods (including any payments already made for a specific shipping option) without delay (at the latest after seven days) from the date of withdrawal. For this refund, the seller shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged for this refund.
The customer’s statutory right of revocation (see § 7) and the customer’s warranty rights remain unaffected by the above provisions.
The contract is concluded in German language. The text of the contract (consisting of order, terms and conditions and confirmation of contract) will be saved by the seller in compliance with data protection and sent to the customer by e-mail.
§ 3 Delivery, delivery times
Unless otherwise agreed, delivery will be made to the delivery address provided by the customer.
Unless otherwise stated, the delivery time from order and payment is approx. 2 to 3 working days for standard shipping and approx. 1 to 2 working days for express shipping.
Upon delivery of 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 regarding the shipping status and the estimated time of day at which the customer can expect delivery.
If the seller is unable to meet a binding delivery deadline for reasons for which he is not responsible (e.g., due to force majeure), the seller shall notify the customer of this immediately, specifying the new delivery deadline. If the new delivery period is not acceptable to the customer, the customer shall be entitled to withdraw from the contract concerning the goods concerned; in this case, the seller shall immediately refund to the customer any consideration already rendered. The statutory rights of the contracting parties shall remain unaffected.
The customer’s right of withdrawal and the customer’s statutory warranty rights shall remain unaffected by the above provisions.
§ 4 Prices and shipping costs
All prices quoted in the online store of the seller include the applicable statutory valueadded tax.
The seller will inform the customer of the shipping costs incurred immediately before the order is placed. The customer shall bear the shipping costs notified to him/her and any additional fees.
§ 5 Payment
The seller only accepts the payment methods “bank transfer” and “Paypal,” which are indicated to the customer during the order process.
If the payment method “Paypal” is used, the bank or Paypal account will be debited after the customer’s order. To execute the payment, the customer switches to the website of the payment method provider immediately after placing the order and releases the transaction; from there, the customer returns to the online store of the seller.
When using the payment method “bank transfer,” the customer will receive an invoice together with the goods.
The customer agrees to receive invoices electronically. Electronic invoices will be sent to the customer by e-mail in an attached pdf file.
§ 6 Retention of title
Until the purchase price has been paid in full, the delivered goods remain the property of the seller.
§ 7 Right of revocation
Consumers have a legal right of withdrawal when concluding a distance selling transaction, from which deviations are only permitted in favor of the consumer. The seller informs about this following the legal regulations as follows:
Right of withdrawal
You have the right to revoke this contract within 30 days (therefore beyond the statutory period of 14 days) without giving reasons.
The revocation period is 30 days from the day on which you or a third party designated by you, who is not a carrier, have taken or has 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, fax, or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. You may also download or print out another clear statement on how to exercise your right to withdrawal from our website.
You can also exercise your right of revocation by returning the goods in question to us within the revocation period together with the return slip enclosed with the delivery; a separate declaration is then not required.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Contact details for the revocation:
In case of a written revocation:
In case of revocation by e-mail: email@example.com
In case of revocation by telephone: +49 (0) 99147373
In the case of the declaration of revocation by the return of the goods:
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us (see above) without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen days.
The purchaser shall bear the costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of profit is due to the handling of the products that are not necessary for testing their condition, properties, and functionality.
We provide information about the sample revocation form following the legal regulations as follows. However, it does not have to be used.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
To [insert here the name, address and, where applicable, fax number and e-mail address of the operator by the operator]: –
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the next service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s) –
Signature of the consumer(s) (paper notification only) –
(*) Delete as applicable
§ 8 Warranty
The warranty for defects of the purchased goods is based on the legal regulations. This applies regardless of the customer’s legal right of withdrawal according to § 7 – as well as the possibility, according to § 8, to return the goods in the NICAY Shop in Trier. The seller is liable for damages exclusively, according to § 10.
§ 9 Liability
The seller is responsible without limitation for intent and gross negligence. In the case of simple negligence, the seller shall only be liable for damages resulting from injury to life, body, health or an essential contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely).
In the case of simple negligent violation of essential contractual obligations, the liability of the seller is limited to the amount of the foreseeable, typically occurring damage.
Otherwise, the responsibility of the seller is excluded.
The limitations mentioned above of liability shall also apply in favor of the legal representatives and vicarious agents of the seller.
The above limitations of liability shall 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.