General Terms and Conditions of Business (T&Cs) for the online shop of Nanogate Textile & Care Systems GmbH
1. General matters
- The following contractual stipulations (T&Cs) apply to all contracts entered into via the online shop of Nanogate Textile & Care Systems GmbH, Zum Schacht 3, 66287 Quierschied-Göttelborn (hereinafter referred to as: SELLER) under the domain www.empire-for-sneakers.com with the customer (hereinafter referred to as: CUSTOMER).
- These T&Cs contain special provisions for customers who are entrepreneurs as defined at section 14 German Civil Code (Bürgerliches Gesetzbuch, BGB) (hereinafter referred to as: ENTREPRENEURS). These special clauses for commercial transactions are marked with explicit reference to ENTREPRENEURS and do not apply to transactions with consumers as defined at section 13 BGB.
- The SELLER will not acknowledge any varying general terms and conditions of the CUSTOMER unless the SELLER has expressly agreed to such in writing.
2. Conclusion of the contract
- The CUSTOMER can place the required items in the shopping cart by clicking the corresponding buttons and can then initiate the order process by clicking the shopping cart. During the order process the CUSTOMER is required to enter the necessary contact data for shipping and payment and to confirm the order by clicking the “Buy now” button.
- The CUSTOMER can correct any input errors, in particular any items wrongly placed in the shopping cart, by inputting the correct quantity in the shopping cart and clicking the available buttons. During the order process the CUSTOMER can correct any input errors in the various steps by navigating to the respective step using the “forward” and “back” buttons in the browser.
- The presentation of the products in the SELLER’s online shop represents a non-binding invitation for the CUSTOMER to place an order. By placing an order the CUSTOMER makes a binding offer to enter into a contract in respect of the items contained in the shopping cart. The SELLER will immediately confirm receipt of the order via an automatic e-mail. The contractual relationship comes about through this automated order confirmation.
- The purchase contract is made with Nanogate Textile & Care Systems GmbH, Zum Schacht 3, 66287 Quierschied-Göttelborn.
- The contractual language is German
3. Storage of contractual text
The contractual text is stored by the SELLER. The order details are sent to the CUSTOMER separately in text form (e-mail). The T&Cs may also be retrieved and printed out in the online shop.
4. Cancellation rights
Consumers have a fundamental right of cancellation. The legal provisions covering any right of cancellation that may apply are contained exclusively in the cancellation policy, which the CUSTOMER may access during the order process.
5. Prices and shipping costs
- The prices valid on the day on which the order is placed as displayed in the online shop shall apply.
- The prices displayed in the online shop are stated in euros and include statutory VAT.
- The following applies to the sale of goods that are delivered in a package or otherwise by post: The prices displayed in the online shop do not include the shipping costs for postage and packing. The shipping costs are calculated dynamically within the order process and displayed in the summary of the shopping cart prior to the order.
- Goods are delivered by post (package, small package, letter, freight carrier etc.) free of charge within Germany.
6. Terms of payment
- The SELLER only accepts the payment methods offered in the online shop during the order process. The CUSTOMER selects his or her preferred payment type under the available payment methods.
- If a shipment is made subject to advance payment by bank transfer, the CUSTOMER must transfer the purchase price plus any delivery and shipping costs to the SELLER before delivery. Delivery is executed on receipt of the complete invoice amount in the SELLER’s account.
- If an order is made subject to payment by credit card, by disclosing his or her credit card details the CUSTOMER grants the authorization to charge the full invoice amount including any delivery and shipping costs incurred to the respective credit card company when such fall due. In this case the charge is made on confirmation of the order.
- If payment is made via PayPal, the CUSTOMER must have a PayPal account and identify him or herself via his or her access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER.
- CUSTOMERS who are ENTREPRENEURS as defined at section 14 BGB shall only be entitled to a right of set off if the counterclaims have been established at law, are undisputed or have been acknowledged by the SELLER or the outstanding amounts are based on the same legal relationship. This exclusion of set-off does not apply to CUSTOMERS who are consumers as defined at section 13 BGB.
7. Delivery and shipping terms – information on the calculation of the delivery date
- Unless otherwise agreed with the CUSTOMER, the goods will be delivered by post (package, small package, letter, forwarding agent etc.) to the delivery address specified by the CUSTOMER in the order.
- The delivery time will be specified separately for the respective item or with the product description on the item page.
- In the case of advance payment, the delivery time specified on the item page starts on the working day after the CUSTOMER’s request for payment is made to the bank performing the transfer; for all other payment types, it starts on the working day following the day of the conclusion of the contract.
- For deliveries to ENTREPRENEURS, the risk of chance destruction and chance deterioration of the sold item shall pass on transfer to them or a person authorized to take receipt. In the case of a contract of sale involving the carriage of goods, risk shall pass on delivery of the goods to a suitable transport company. In the case of deliveries to consumers, the risk of chance destruction and chance deterioration of the sold item shall pass to the consumer on transfer of the goods to him or her under section 446 BGB. As regards the transfer of risk, a situation equivalent to handover shall be deemed where the CUSTOMER is in default of acceptance.
- Orders and deliveries are only offered in and to Germany.
- The SELLER shall notify the CUSTOMER immediately of any delivery delays.
- If the carrier returns the sold item to the SELLER because it was not possible to deliver it to the CUSTOMER, the CUSTOMER shall be liable for the costs of a new shipment. This does not apply if the CUSTOMER has exercised a right of cancellation in parallel to the refusal of acceptance or if he or she is not at fault for circumstance that has resulted in the impossibility of delivery or if the CUSTOMER was temporarily impaired in accepting the offered service unless the SELLER had announced the service with a reasonable advance period.
8. Retention of title
- The SELLER shall reserve title to the sold items until the purchase price has been paid in full.
- The CUSTOMER may not pledge nor otherwise transfer as security the goods subject to the retention of title to third parties before the secured claims have been paid in full. The CUSTOMER shall notify the SELLER immediately in written form if and to such extent that third parties access the SELLER’s goods.
- In the event of conduct by the CUSTOMER that breaches the contractual terms, in particular on non-payment of the due purchase price, the SELLER is entitled to withdraw from the contract in accordance with the statutory provisions and demand return of the goods on the basis of the retention of title provisions as well as the withdrawal. If the CUSTOMER fails to pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER had previously been set a reasonable period for payment to no avail or the setting of such a period is not necessary under the statutory provisions.
9. Warranty/liability for defects/duty to give notice of defects
- Rights in the event of defects of the purchased item shall be governed by statutory provisions.
- Claims on grounds of defects brought by ENTREPRENEURS who are salespersons as defined by the German Commercial Code (Handelsgesetzbuch, HGB) require that such persons properly satisfy their obligation of inspection and notification of defects due under section 377 HGB within 14 calendar days of receipt of the goods in text form. This obligation of notification of defects does not apply to CUSTOMERS who are consumers as defined at section 13 BGB.
- The limitation period for defect claims by ENTREPRENEURS is twelve months, calculated from the transfer of risk to the ENTREPRENEUR. This reduction of the warranty period does not apply to CUSTOMERS who are consumers as defined by section 13 BGB.
- The CUSTOMER’s claims to damages or compensation for wasted expenditure against the SELLER outside warranty law are based on these provisions without consideration of the legal nature of the claim.
- The SELLER’s liability – irrespective of the legal grounds – shall be excluded unless the reasons for the damage are due to intentional conduct and/or gross negligence on the part of the SELLER, its employees, representatives or vicarious agents. The exclusion or limitation of the SELLER’s liability shall also apply to the personal liability of employees, representatives, and vicarious agents of the SELLER. This is without prejudice to any liability of the SELLER under the German Product Liability Act (Produkthaftungsgesetz).
- The SELLER shall be liable under the statutory provisions for death, personal injury or damage to health caused as a result of a wilful, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.
- If the SELLER breaches a material contractual duty, i.e. a duty, the observance of which is of special significance for the attainment of the contractual purpose (material contractual obligation or cardinal obligation) for reasons that are at least negligent, the liability will be limited to the damage that would typically arise, i.e. such damage whose occurrence must be typically anticipated in the course of the contract. A material contractual, or cardinal, obligation as defined above is an obligation whose fulfilment is fundamental for a proper performance of this contract and on the fulfilment of which the CUSTOMER regularly relies and may rely.
11. Data storage and data protection
The data protection provisions set out in the data declaration on the www.empire-for-sneakers.com website shall have sole validity.
12. Note pursuant to Art. 14 ODR Regulation
- In the event of a dispute, CUSTOMERS who are consumers as defined under section 13 BGB have the option to submit to an online dispute resolution process on the EU portal “Your Europe” (http://europa.eu/youreurope/citizens/index_en.htm) using a recognized dispute resolution body. They can take advantage of the EU online dispute resolution platform at: http://ec.europa.eu/consumers/odr/.
- The online dispute resolution process is not a mandatory precondition for invoking the relevant standard courts, but rather represents an alternative option for rectifying differences that may arise in the course of a contractual relationship.
- Other provisions under national law relating to the performance of dispute resolution procedures are unaffected by the foregoing provisions in subsections 12.1 and 12.2.
13. Closing provisions
- The laws of the Federal Republic of Germany shall apply with the exclusion of the provisions of the UN Convention on the International Sale of Goods.
- In the case of consumers who are not entering into the contract for professional or commercial reasons, the foregoing choice of legal venue shall only apply to such extent as the protection granted is not withdrawn as a result of binding provisions of the law of the state in which the consumer has his or her usual place of residence.
- If the CUSTOMER is a salesperson, a legal person under public law or separate fund constituted as a public-law entity, the sole place of jurisdiction for all disputes arising out of this contract is the SELLER’s head office in 66287 Quierschied-Göttelborn.
- The same shall apply if the CUSTOMER is an ENTREPRENEUR and does not have a general place of jurisdiction in Germany or their place of residence or regular abode is not known at the point that the claim is made. This is without prejudice to the SELLER’s right to invoke a court at a different statutory place of jurisdiction.
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