General Terms and Conditions
- General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by the customers (each, a „Customer“) of Nihama UG (haftungsbeschränkt) through our online shop http://www.etsy.com/shop/nihamaj (the „Internet Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) Business conditions or general terms and conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(3) A „Consumer“ in the sense of these General Terms and Conditions is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code); a „Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
- Conclusion of Contract
(1) Our offerings published in the Internet Shop are non-binding.
(2) By placing an order in the Internet Shop the Customer accepts these General Terms and Conditions and makes a binding offer to purchase the relevant product.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
- Prices and Payment
(1) Our prices are net of shipping costs.
(2) Shipping costs are displayed in the order form in each case below the product description and shall be borne by the Customer. Any customs duties and similar public charges shall be also borne by the Customer.
(3) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment with credit card or via PayPal. (Note: link to the guide for use of credit card by PayPal shall be inserted in the order form)
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
- Dispatch and Shipment
(1) We shall dispatch the product from Germany within 1-5 days after receipt of payment.
(2) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(3) We shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Internet Store shall only be non-binding estimates. We shall not be liable for any delays in the course of transport starting from the moment of deliver of the product to the carrier.
(4) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. That means that in case of accidental destruction, damage or loss of the product in the course of transport the purchase price will be reimbursed to the Customer. If the Customer is a „Business Customer“, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(Note: The sentence
"The estimated transit time within Germany amounts to approx. 2 days. The estimated transit time for overseas shipment (e.g. USA, Canada, Australia) including customs amounts to approx. 1 week. Please note that during the international holidays these transit times may be notably longer, up to 1 months for overseas shipment."
shall be inserted in the order form next to the shipment costs information)
- Right of Revocation of Order
Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the following Revocation Instruction:
Right of Revocation of Order
You may declare the revocation of your contractual order in text form (e.g. letter, email, facsimile) or - in the case the product has been already dispatched - by returning the product within a period of 14 days. The revocation does not have to contain any explanation regarding the reasons. We will forward this revocation instruction to you again in text form in the e-mail confirming the receipt of your order. [Please note: the Revocation Instruction shall be made available to the Consumer in such form that the Seller does not have a possibility to modify this Instruction afterwards. Therefore, it is not sufficient to make the Revocation Instruction available only on the web site. If it is technically possible, the Revocation Instruction may be inserted into the letter confirming the receipt of the order. Otherwise, a printed copy shall be sent together with the product. Please note that in the last case the time-limit for revocation shall be extended to 1 month.] The revocation period commences the day following the receipt of this revocation instruction but not prior to the receipt of the product. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. The revocation is to be addressed to:
Nihama UG (haftungsbeschränkt)
Am Vierstückenpfuhl 4
Consequences of revocation
In case of a valid revocation, all mutually received performances are to be returned by either side. If you are unable or partially unable to return the product to us or can only return it in a deteriorated condition, then you have to insofar compensate its value. This does not apply if the deterioration is exclusively due to examining the product – as it could be possible in a retail store. The products are to be returned on our risk. You are obliged to bear the costs of the return shipment, if the product delivered complies with the product you have ordered, and if the price of the product to be returned does not exceed an amount of EUR 40.00 (approx. USD 50.00) or if, where the price is higher, you have at the date of the revocation not yet paid the purchase price. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
End of revocation instruction
(1) In the event of a defect of the delivered product, the Customer shall be entitled to a repair of the defect or to a supply of another product free of defects.
(2) The warranty does not cover the defects generated by the Customer through normal wearing, abnormal handling or inadequate storage.
(3) Unless otherwise agreed, the product descriptions on the Internet Shop site do not include any quality guarantee.
(4) Our liability for any damages, in particular, for those which may not reasonably be foreseen, considering a normal use of the product, shall be excluded. In particular, we point out that in view of natural wear and tear the condition and security of the product shall be controlled by the Customer or by the user before each use. The foregoing limitation of liability shall not apply in cases of wilful misconduct or gross negligence. Further, this limitation shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
- Force Majeure
(1) We shall not be liable for damages or delay or default in performing if such damage, delay or default is caused by conditions beyond our control including, but not limited to Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond our reasonable control and responsibility.
(2) In the case we will not be able to fulfil our contractual obligation due to the conditions beyond our control as described above we shall be entitled to withdraw from the contract. If such circumstances delay our performance the delivery time will be extended for a period of time equal to the time lost due to any delay so caused.
(3) If the delivery of the product becomes unreasonable for the Customer due to the delay the Customer may withdraw from the contract.
- Data Protection
We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
- Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) The courts in Berlin shall have jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. However, the Consumer may file a suit before any court of competent jurisdiction under applicable law.