Terms of service

Scope of Application
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

**1.1 **These General Terms and Conditions (hereinafter referred to as “GTC”) of Nikel, Annette and Hauck, Sascha GbR (hereinafter referred to as the “Seller”) shall apply to all contracts for the delivery of goods concluded between a consumer or a business customer (hereinafter referred to as the “Customer”) and the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

**1.2 **A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

**1.3 **A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.

2) Conclusion of the Contract

**2.1 **The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

**2.2 **The Customer may submit the offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process.

**2.3 **The Seller may accept the Customer’s offer within five days:

by sending the Customer a written order confirmation or an order confirmation in text form, such as by fax or email, in which case receipt of the order confirmation by the Customer shall be decisive; or
by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer shall be decisive; or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day following the dispatch of the offer by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

**2.4 **When an order is placed using the Seller’s online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form, for example by email, fax or letter, after the Customer has submitted the order. The Seller shall not make the text of the contract available in any other manner. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data shall be archived on the Seller’s website and may be accessed by the Customer free of charge via their password-protected user account by entering the relevant login details.

**2.5 **Before submitting a binding order using the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. The browser’s zoom function may be used as an effective technical means of more easily identifying input errors by enlarging the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

**2.6 **The German language is available for the conclusion of the contract.

**2.7 **Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

**3.1 **Consumers generally have a right of withdrawal.

**3.2 **Further information regarding the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

**4.1 **Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. Value added tax is not charged because the Seller is exempt from VAT under the small business regulation. Any additional delivery and shipping costs shall be stated separately in the respective product description.

**4.2 **The available payment method or payment methods shall be communicated to the Customer in the Seller’s online shop.

**4.3 **If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract unless the parties have agreed on a later due date.

**4.4 **If a payment method offered via the “Shopify Payments” payment service is selected, payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The individual payment methods offered via Shopify Payments shall be communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments, for which separate payment terms may apply and about which the Customer may be informed separately. Further information regarding Shopify Payments is available online at https://www.shopify.com/legal/terms-payments/de.

**4.5 **If a payment method offered via the “Apple Pay” payment service is selected, payment shall be processed by Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay shall be communicated to the Customer in the Seller’s online shop. Apple may use additional payment services to process payments, for which separate payment terms may apply and about which the Customer may be informed separately. Further information regarding Apple Pay is available online at https://www.apple.com/de/apple-pay/.

**4.6 **If a payment method offered via the “Google Pay” payment service is selected, payment shall be processed by Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay shall be communicated to the Customer in the Seller’s online shop. Google may use additional payment services to process payments, for which separate payment terms may apply and about which the Customer may be informed separately. Further information regarding Google Pay is available online at https://pay.google.com/intl/de_de/about/.

5) Delivery and Shipping Conditions

**5.1 **If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer unless otherwise agreed. The delivery address provided during the Seller’s order processing shall be decisive for the processing of the transaction.

**5.2 **If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the original shipping costs if the Customer validly exercises their right of withdrawal. If the Customer validly exercises their right of withdrawal, the provisions regarding return shipping costs set out in the Seller’s cancellation policy shall apply.

**5.3 **If the Customer is a business customer, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or institution commissioned to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally pass to the Customer only when the goods are handed over to the Customer or to a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to a consumer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or institution commissioned to carry out the shipment, if the Customer commissioned that freight forwarder, carrier or other person or institution to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

**5.4 **If the Customer is a consumer resident in Germany or a business customer, the Seller reserves the right to withdraw from the contract in the event that the Seller itself is not supplied correctly or properly. This shall apply only if the failure to deliver is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with the required degree of care. The Seller shall make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer shall be informed immediately and any payment already made shall be refunded without delay.

**5.5 **Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller provides the goods before receiving full payment, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:

**7.1 **If the Customer is a business customer:

the Seller shall have the right to choose the type of subsequent performance;
the limitation period for claims relating to defects in new goods shall be one year from delivery of the goods;
claims relating to defects in used goods shall be excluded;
the limitation period shall not begin again if a replacement delivery is made as part of liability for defects.

**7.2 **The limitations of liability and shortened limitation periods set out above shall not apply:

to claims by the Customer for damages or reimbursement of expenses;
if the Seller has fraudulently concealed the defect;
to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective;
to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

**7.3 **In addition, for business customers, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

**7.4 **If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch – HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

**7.5 **If the Customer is a consumer, the Customer is requested to report goods delivered with obvious transport damage to the delivery company and to notify the Seller accordingly. Failure to do so shall have no effect on the Customer’s statutory or contractual claims relating to defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

**8.1 **The Seller shall be liable without limitation on any legal basis:

in cases of intent or gross negligence;
in cases of intentional or negligent injury to life, limb or health;
on the basis of a guarantee, unless otherwise stipulated in this regard;
on the basis of mandatory liability, such as liability under the German Product Liability Act.

**8.2 **If the Customer is a consumer resident in Germany or a business customer, the following limitations of liability shall apply:

If the Seller negligently breaches an essential contractual obligation, the Seller’s liability shall be limited to the foreseeable damage typical for the contract, unless the Seller is liable without limitation pursuant to the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the content of the contract for the purpose of achieving the contractual objective, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the Customer may regularly rely. In all other respects, the Seller’s liability shall be excluded unless the Seller is liable without limitation pursuant to the preceding clause.

**8.3 **The above liability provisions shall also apply with regard to the Seller’s liability for its agents, employees and legal representatives.

9) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.