General Terms and Conditions
for Online Shop Customers at www.naegelsfoerst.de/online-shop/
- General information
(1) Our online shop caters to private customers.
(2) These General Terms and Conditions apply to all offers and services available on our online internet platform at www.naegelsfoerst.de.
(3) Individual agreements take precedence over these General Terms and Conditions.
- Conclusion of the contract
(1) The presentation of our products in our online shop does not constitute a legally binding offer. The customer’s placement of an online order shall constitute a legally binding purchase offer. Our acceptance of the customer’s purchase offer will be expressly confirmed by email.
(2) An email that merely confirms receipt of the order shall not constitute a binding acceptance of the purchase offer.
(3) If we do not transmit our acceptance of the client’s purchase offer within five (5) calendar days (starting from the date of our receipt of the order), the client shall no longer be bound by his or her purchase offer (the purchase offer will expire).
- Prices, shipping costs, payment
(1) Our prices are based on the valid list price on the day the contract is concluded, including statutory VAT, excluding costs for packing and shipping. Packing and shipping costs are displayed in the shopping cart. For orders within Germany the shipping costs are 7.50€.
For orders within Netherlands, Monaco, Spain, Belgium, Denmark, France, Lichtenstein, Luxembourg, Austria, Poland, Czech Republic the shipping costs are for 6 bottles 27€, for 12 bottles 35,50€ and for 18 bottles 45€.
For orders within Andorra, Italien, Schweden, San Marino, Slowakwei, Slowenien, Spanien, Ungarn the shipping costs are for 6 bottles 26,00€, for 12 bottles 34,50€ and for 18 bottles 43,00 €.
(2) Payment of the order price is due upon delivery of the goods to the customer and payable in EUR without any deduction by either:
– prepayment by bank transfer,
– credit card,
For deliveries within Germany we also accept payments by:
– direct debit, if duly authorized by the buyer,
(3) By prior arrangement, goods can also be collected from our warehouse for cash payment (warehouse location: Weinwelt NÄGELSFÖRST GmbH, Nägelsförst 1 in 76534 Baden-Baden, Germany).
(4) The customer shall only be entitled to offset the costs of purchased goods against amounts owed by us if his or her counterclaim has been legally established or is undisputed. This rule does not apply to a counterclaim for a defect which is based on the same contract as our claim for payment. The customer shall only have a right of retention if his or her counterclaim is based on the same contract.
- Reservation of ownership
We reserve our ownership of the goods until full payment has been received.
(1) Delivery shall take place no later than five (5) business days (Monday to Friday, excluding public holidays) after the sending bank has been issued a payment order (in case of pre-payment) or after conclusion of the contract (invoice).
(2) Should partial deliveries become necessary, we will coordinate the shipments with you in advance.
- Transport damage
(1) If goods are delivered with obvious transport damage, please report such defects to the carrier immediately and contact us as soon as possible.
(2) Failure to report the defect or to notify us shall not affect your legal warranty claims in any way. However, it will help us assert our own claims against the carrier or the transport insurance provider.
- Claims for defects
(1) If the customer is a private consumer, he or she is entitled to applicable legal claims in case of any defect.
(2) If the customer is not a private consumer, the following additional provisions apply:
We may choose, at our own discretion, to remedy the deficiency either by correcting the defect or by making a new delivery.
- Liability for damages and reimbursement of expenses
(1) We shall be liable, without limitation, in cases of intention, gross negligence, lack of a warranted feature, personal injury, and in accordance with the Produkthaftungsgesetz [Product Liability Act].
(2) In the event of a minor negligent breach of material contractual obligations (in particular, our obligation to deliver on time and free of defects), our liability shall be limited to the foreseeable damage that is typical for this type of contract.
(3) We shall have no liability for any minor negligent breach of non-material contractual obligations, which is hereby excluded.
(4) The above provisions shall apply also to our liability for compensation for futile expenses.
- Limitation of claims for defects and compensation
The applicable statutes of limitation apply.
- Electronic business transactions
(1) Contracts are generally concluded in the German language.
(2) The customer can save his or her own copy of the contract by saving the relevant internet page on his or her computer using the browser function “Save as”. The customer can print out a hard copy of the contract via the browser’s print function.
(3) The customer can edit any entries made during the ordering process by selecting his or her browser’s “Back” button and making the necessary changes. The customer can cancel the entire order at any time by closing the web browser. On the order summary page, the client will have another opportunity to make edits before submitting the online order, and will also be notified of this option.
(4) We also retain copies of the contracts and can make them available to the customer by email or post upon request.
- Notices on Fernabsatzrecht [remote purchase law]
(1) The description of the goods shall be their online presentation at www.naegelsfoerst.de/online-shop/
(2) Information about your consumer rights, such as your right to revoke the contract, exceptions thereto, its premature lapse, the revocation form, the consequences of a revocation, e.g. return shipments, return costs, and compensation for lost value can be found under the menu item “Widerrufsbelehrung” (information about revoking your contract).
- Data privacy
You can download our privacy notice on how we implement data protection regulations here.
- Consumer dispute settlement
(1) Since 09 January 2016, Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in effect. It applies to out-of-court settlements of disputes over contractual obligations arising from online sales or service contracts between consumers and online traders. Its aim is to achieve a high level of consumer protection in the European Single Market. The option of an online dispute resolution (ODR) is supposed to provide simple, efficient, fast, and cost-effective extrajudicial dispute resolution. The ODR platform forwards any properly filed complaints to the competent out-of-court dispute resolution bodies (in each jurisdiction). Use of the ODR platform is free of charge. In case proceedings are held before an extrajudicial arbitration body, the consumer may incur costs (of up to EUR 30.00) if his or her request is found to be abusive.
(2) Link to the EU Commission’s ODR platform: https://ec.europa.eu/consumers/odr
(3) Our email address is: email@example.com
(4) We are not obligated to participate in a dispute settlement procedure before a consumer arbitration board.
- Copyright notice
The photos posted on our internet pages and the texts we create are protected by copyright. Unauthorized copying and publication of these (even in extracts) will be prosecuted under criminal and civil law in accordance with § 97 UrhG [German Copyright Act].
- Choice of law
(1) The contractual relations between the purchase contract parties shall be governed by the laws of the Federal Republic of Germany. This choice of law does not apply to mandatory consumer protection regulations in the country where the customer has his or her habitual residence.
(2) The UN Sales Convention (CISG) shall not apply and is hereby excluded.
- Place of jurisdiction
Baden-Baden shall be the exclusive place of jurisdiction for all mutual disputes between the parties arising directly or indirectly from the contract, provided that the parties are merchants, legal entities under public law, or special funds under public law.
- Severability Clause
Should any provision of this contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements be incomplete, the validity of the remaining provisions shall remain unaffected.