GTC

GENERAL TERMS AND CONDITIONS OF THE COMPANY NINEYARD GMBH

§1 SCOPE AND DEFINITIONS

(1) These General Terms and Conditions apply to all business relations between us and the customer in the version valid at the time of the order.

(2) "Consumer" within the meaning of these General Terms and Conditions is any natural person who maintains business relations with us for a purpose that can neither be attributed to his commercial nor his independent professional activity (§ 13 BGB).

(3) "Entrepreneurs" within the meaning of these General Terms and Conditions are all natural or legal persons or partnerships with legal capacity who enter into business relations with us and who act in the exercise of their commercial or self-employed activity (§ 14 BGB). If an entrepreneur does not act in the exercise of his commercial or self-employed activity, he shall also benefit from the rights intended for consumers. He shall be deemed to be a consumer within the meaning of these Terms and Conditions.

(4) "Customers" within the meaning of these General Terms and Conditions shall be understood to include both consumers and entrepreneurs.

(5) General Terms and Conditions of Business of entrepreneurs which conflict with, deviate from or supplement our General Terms and Conditions of Business shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.

§2 FORMATION OF THE CONTRACT

(1) The following regulations on the conclusion of the contract apply to orders placed in our Internet shop www.nineyard.store.

(2) If a contract is concluded, it shall be concluded with

NINEYARD GmbH

represented by the managing director Jan Röhricht

Hofmannstr. 5

81379 Munich

Germany.

(3) The placement of goods in our Internet shop does not constitute a legally binding contractual offer by us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he thereby submits an offer to conclude a purchase contract that is binding for him for a period of 2 weeks.

(4) When an order is received in our Internet shop, the following regulations apply:

When a customer goes through the order process described below, he thereby makes a binding offer to enter into a contract. The ordering process takes place in these steps:

a) Select the desired goods.

b) Confirm by clicking the "Add to shopping cart" button.

c) Check all the details in the shopping basket.

d) Click on the button "GO TO CHECKOUT".

e) Logging into the webshop after registering and entering the login data (e-mail address and password) or ordering as a guest.

f) Entering the delivery address and confirming by clicking the button 'Proceed to shipping'.

g) Confirmation of the displayed shipping costs by clicking the button 'Proceed to payment'.

h) Select your preferred payment method and confirm by clicking on the 'Review Order' button.

i) Check your order and correct the data entered.

j) Binding submission of the order by clicking the 'Buy now' button.


Before the binding submission of the order, the customer can click on the "Back" button of his Internet browser and, after checking his details, return to the page on which the details entered by the customer during the ordering process were recorded. There he can correct any errors or end the order process by closing the Internet browser.

(5) After receipt of the order, we confirm it by an automatically generated e-mail. However, this e-mail does not constitute an acceptance of the offer on our part. An acceptance of the offer by us shall be made in writing, in text form or by sending the goods. We reserve the right to check the offer of a customer and not to accept every offer. For example, we reserve the right to reject a customer's offer if we have indications or reason to suspect that technical aids (e.g. bots) were used in the submission of the offer. In the event of non-acceptance of an offer, we do not owe a separate explanation or reason for the rejection.

(6) We store the text of the contract and send you the data of your order as well as our General Terms and Conditions by e-mail. You can view your past orders in our customer area under My Account --> My Orders.

§3 REGULATIONS ON PRICES, SHIPPING COSTS, PAYMENT AND DUE DATE

(1) All prices quoted in our Internet shop include the statutory value added tax and other price components. Not included are any shipping costs and, if applicable, the costs of cash on delivery. These will be charged separately.

(2) Payment shall be made by prepayment Klarna (immediate transfer), by PayPal, by credit card (Mastercard, Visa), Klarna (invoice), Klarna (hire purchase). We reserve the right to demand payment in advance for the order placed in order to hedge the credit risk in accordance with the creditworthiness of the customer.

(3) If a customer chooses PayPal or prepayment as a payment option, he is obliged to pay the corresponding purchase price immediately after conclusion of the contract. If the customer chooses payment by credit card, his account will be debited before delivery of the ordered goods.

(4) The customer does not receive an invoice with the delivery of the goods and can download his invoice via a link if required.

(5) During the period of default, an entrepreneur shall pay interest on monetary debts at a rate of 8 percentage points above the base interest rate. However, we reserve the right to claim higher damages for default from an entrepreneur.

(6) An entrepreneur shall only have a right of set-off if his counterclaims with which he wishes to set off are undisputed or have been legally established.

§4 PROVISIONS ON DELIVERY AND TRANSFER OF RISK 

(1) If the customer chooses payment by PayPal or prepayment, the goods will only be dispatched after receipt of payment.

(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall not pass until the goods are handed over to the customer.

(3) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer when we hand over the goods to the logistics company commissioned by us.

(4) If the customer is an entrepreneur, we reserve the right to determine a new reasonable delivery period in the event that a delivery period cannot be met for reasons for which we are not responsible. The customer will be informed immediately of any failure to meet the delivery deadline. If we are still unable to deliver the ordered item within the newly determined period, we are entitled to withdraw from the contract in the case of entrepreneurs. If the customer has already made counter-performances, we will refund these immediately.

§5 RESERVATION OF TITLE 

(1) If the customer is a consumer, we retain title to the goods until the purchase price has been paid in full.


(2) If the customer is an entrepreneur, we retain title to the goods until all claims arising from the current business relationship have been paid in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.

(3) If the customer is an entrepreneur, he may resell the goods in the ordinary course of business. In this case, he already now assigns to us all claims in the amount of the invoice amount which accrue to the customer from a resale to third parties. We already accept the assignment now. The entrepreneur shall be authorised by us to collect the claim after the assignment. We reserve the right, however, in the event. However, we reserve the right to collect the claim ourselves in the event that the entrepreneur does not properly fulfil his payment obligations and is in default of payment. Any processing of the delivered goods by an entrepreneur shall be carried out in our name and on our behalf. If an entrepreneur has processed the goods, we shall acquire co-ownership of the new item. This co-ownership shall be measured in proportion to the value of the goods delivered by us. The same applies if an entrepreneur processes or mixes the goods with objects that do not belong to us.

§6 WARRANTY

(1) The statutory warranty provisions shall apply to consumers.

(2) In the case of used goods, warranty claims for consumers shall become statute-barred after one year from delivery of the goods.

However, such a reduction of the limitation period shall not apply to warranty claims which result in compensation for damages and which are based on intent or gross negligence or a breach of essential contractual obligations. Material contractual obligations are those obligations the fulfilment of which makes the proper performance and execution of the contract possible in the first place and on the observance of which a buyer may normally rely.

(3) Claims for damages by consumers due to injury to life, body or health or due to provisions of the Product Liability Act (ProdHaftG) shall also remain unaffected.

The same regulations apply to breaches of duty by our vicarious agents.

(4) Warranty claims which are not directed at compensation for damages shall become statute-barred for entrepreneurs after one year from delivery of the goods. This shall not affect the statutory limitation periods for recourse claims of the entrepreneur pursuant to § 478 BGB.

(5) Entrepreneurs within the meaning of these General Terms and Conditions are obliged to inspect the received goods immediately for deviations in quantity and quality. We must be notified in writing of any recognisable defects within a period of one week from receipt of the relevant goods. The assertion of warranty claims shall be excluded if the entrepreneur fails to comply with the obligation to notify us. The entrepreneur is obliged to notify us in writing of hidden defects within a period of one week. The period begins with the discovery of the corresponding defect. In order to comply with the time limit, it shall be sufficient if the notice of defect is sent in good time. The full burden of proof for any claim prerequisites, in particular also for the defect itself, for the time of its discovery and for the timeliness of the notice of defect shall be borne by the entrepreneur.

§7 LIMITATION OF LIABILITY

Liability for damages caused by simple negligence is excluded, unless these result from the violation of essential contractual obligations, concern a guarantee for the quality of the object of purchase, damages from injury to life, body or health or claims according to the Product Liability Act (ProdHaftG) are concerned. Material contractual obligations are those obligations the fulfilment of which makes the proper performance and execution of the contract possible in the first place and on the observance of which a buyer may normally rely.

The same regulations apply to breaches of duty by our vicarious agents.

Liability for the breach of essential contractual obligations is limited in cases of simple negligence to such damages that are typically associated with the contract and are foreseeable.

§8 RIGHT OF REVOCATION 

Consumers are generally entitled to a right of revocation. Further information on the right of revocation can be found in the Seller's instructions on revocation.

§9 CONTRACTUAL AGREEMENT ON RETURN COSTS IN THE EVENT OF REVOCATION 

(1) The Seller guarantees full repayment provided that all items have been returned in the condition in which they were received. This means the items must not be damaged, soiled, washed, altered or worn (except for fitting). In addition, all tags and labels must be intact.

(2) Since underwear and swimwear are hygiene articles, they are excluded from exchange.

(3) If the goods are nevertheless returned, the seller will send the goods back to the customer and charge the customer for this shipment. In this case, the purchase price will not be refunded.

(4) The customer has to bear the costs for return shipments himself.

§10 CODE OF CONDUCT

We have not submitted to any codes of conduct

§11 CONTRACTUAL LANGUAGE, CHOICE OF LAW, PLACE OF JURISDICTION

(1) Only the German language shall be used for the performance and execution of the contract.

(2) The contractual relations shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the exclusive place of jurisdiction for all disputes arising from this contract.

§12 SEVERABILITY CLAUSE 

If one or more provisions of these terms and conditions are invalid or unenforceable or subsequently become so, the remaining provisions shall not be affected thereby. This shall only not apply if the omission of individual clauses puts a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.



STATUS OF THE GENERAL TERMS AND CONDITIONS: 15.04.2021

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