General Terms and Conditions for Individual Customers
General Terms and Conditions of Nitzbon AG for Private Customers
§ 1 Scope of Application
(1) All offers, sales, and deliveries of goods by Nitzbon AG (hereinafter referred to as "we") are made exclusively on the basis of these General Terms and Conditions. These form part of all purchase contracts that we conclude with our customers (hereinafter referred to as "Customer") for the goods offered by us.
(2) These General Terms and Conditions apply only to private customers. For the purposes of these General Terms and Conditions, "private customers" means the following persons: consumers within the meaning of § 13 of the German Civil Code (BGB). A consumer under § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Commercial Register: Hamburg Local Court, No. HRB 78949, VAT ID No.: DE 813123153
§ 2 Contracting Party
Your contracting party is:
Nitzbon AG
Osterrade 14
D-21031 Hamburg
Phone: +49 (40) 739223-0
Fax: +49 (40) 739223-99
Email: info@nitzbon.de
Management Board: Jens Nitzbon
Chairman of the Supervisory Board: Klaus Hömberg
Registered office of the company: Hamburg
§ 3 Offer – Conclusion of Contract
(1) Our offers in brochures, catalogues, on the internet, in advertisements, offer letters, etc. — including the prices stated therein — are non-binding and subject to change, i.e. they are to be understood only as an invitation to the Customer to submit a purchase offer to us.
(2) By ordering goods, the Customer submits a binding offer to purchase the goods. The purchase contract is only concluded once we send the Customer an order confirmation. The order confirmation constitutes acceptance of the Customer's offer. We are entitled to accept the Customer's offer within 7 days of receipt of the order by sending an order confirmation. If the Customer does not receive an order confirmation from us within this period, their offer shall be deemed rejected and no contract shall come into effect.
(3) The language of the contract is German.
(4) If the Customer orders the goods electronically, the text of the contract will not be stored by us in a manner accessible to the Customer after conclusion of the contract, but will be sent to the Customer by email upon request, together with these Terms and Conditions.
§ 4 Right of Withdrawal
Withdrawal Instructions
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Nitzbon AG, Osterrade 14, D-21031 Hamburg, Phone: +49 (40) 739223-0, Fax: +49 (40) 739223-99, Email: info@nitzbon.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You may use the attached model withdrawal form, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we received notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back, or until you have supplied evidence that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay and, in any event, no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
§ 5 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer.
§ 6 Prices – Shipping Costs – Minimum Order Value
(1) Our prices are quoted in euros.
(2) Statutory value-added tax (VAT) is included in our prices.
(3) We do not charge shipping costs.
(4) The minimum order value is €100.00 including VAT. For orders below this amount, we reserve the right to charge a small-quantity surcharge of €10.00 including VAT.
§ 7 Payment
(1) Unless expressly agreed otherwise, we deliver only against advance payment (prepayment), in each case against invoice.
(2) Our invoices are due for payment within 14 days of the invoice date without deduction. The invoice amount must be transferred to one of the accounts specified in the invoice. The statutory rules regarding the consequences of default in payment apply.
(3) Deduction of a cash discount requires a separate written agreement.
§ 8 Delivery
(1) Orders and deliveries are generally only possible within Germany. Both the delivery address and the billing address must be located in Germany.
(2) We do not deliver WorkPark products to private customers.
(3) Unless expressly agreed otherwise, the delivery period is 3–5 working days, beginning on the day the full purchase price (including value-added tax) is received in one of our specified accounts.
(4) Delivery is carried out by the logistics company UPS or by a freight forwarder.
§ 9 Retention of Title
We retain title to the goods delivered by us until the purchase price for the relevant goods has been paid in full.
§ 10 Warranty for Defects
The Customer's claims against Nitzbon AG for defects in the purchased item are governed by the statutory warranty provisions. Your warranty claims become time-barred after two years from delivery of the item. For all defects in the purchased item that arise during the warranty period, the statutory claims for subsequent performance apply (at your choice: remedy of the defect or delivery of a replacement) and, where the statutory requirements are met, the further claims for reduction in price or rescission of the contract, as well as claims for damages, including compensation for damages in lieu of performance and reimbursement of futile expenditure.
§ 11 Return of Goods in the Event of Defects
(1) The place of performance for the Customer's claims to subsequent performance within the scope of existing warranty rights for defects pursuant to § 10 is our registered place of business.
(2) In the event of subsequent performance, the defective goods will be collected from the Customer by us at our expense. The Customer must arrange a collection appointment with us for this purpose.
§ 12 Service in the Event of Defects
In warranty cases, please contact:
Nitzbon AG
Osterrade 14
D-21031 Hamburg
Phone: +49 (40) 739223-0
Fax: +49 (40) 739223-99
Email: info@nitzbon.de
§ 13 Applicable Law – Partial Invalidity – Online Dispute Resolution
(1) The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) Should any provision in these Terms and Conditions be or become void or invalid, the validity of all other provisions and agreements between us and the Customer shall remain unaffected.
(3) The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.
Hamburg, 05.07.2019
