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Terms and Conditions (GTC)

§ 1 General - Scope

1. The contract language is exclusively German (AGB).

2. The following general terms and conditions apply to all business relationships between us and the customer. The version valid at the time of the conclusion of the contract is decisive.

3. Consumers in the sense of the terms and conditions are natural persons with whom a business relationship is entered into, without a commercial or independent professional activity being attributable to them.
Entrepreneurs in the sense of the terms and conditions are natural or legal persons or legal partnerships with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.
Customers in the sense of the terms and conditions are both consumers and entrepreneurs.

4. Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract, unless their validity is expressly agreed in writing.

§ 2 Conclusion of contract

1. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalog. By clicking the button “Submit order” you place a binding order for the goods in the shopping cart. The confirmation of the receipt of the order follows immediately after sending the order. The purchase contract is generally concluded with the delivery of the goods. Payment in advance is an exception to this. When paying in advance, the purchase contract is concluded with the confirmation email. Our offers are non-binding. We reserve the right to make technical and other changes within reasonable limits.

2. With the order, the customer declares his binding contract offer. We will immediately confirm receipt of the customer's order. The confirmation of receipt does not yet constitute a binding acceptance of the order. However, the confirmation of receipt can be combined with the declaration of acceptance.

3. We are entitled to accept the contract offer contained in the order within three working days of receipt by us. We are entitled to refuse to accept the order - for example after checking the customer's creditworthiness. We are entitled to limit the order to a normal household quantity.

4. The contract is concluded with the reservation that in the case of incorrect or improper self-delivery, not or only partially. In the event of the unavailability or only partial availability of the service, the customer will be informed immediately. The consideration will be refunded immediately.

5. The text of the contract will be saved by us and will be sent to the customer along with the legally binding terms and conditions by email after the contract has been concluded.

§ 3 Right of withdrawal

3.1. Right of withdrawal
Only consumers in Germany have the following right of withdrawal:

Right of withdrawal
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is given to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB (German law).

The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to: NICETHING.DE, N. Reinsch, Johannisstr. 10, 50226 Frechen, Germany.

Consequences of cancellation
In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. benefits of use) or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop. Transportable items are to be returned at our risk.
You have to bear the regular costs of the return, if the delivered goods correspond to the ordered ones. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of revocation or the goods, for us with their receipt.

End of revocation

The right of withdrawal does not apply to distance sales contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for a return due to their nature or that can spoil quickly or whose expiry date has been exceeded.

§ 4 Agreement to pay costs

If you make use of your right of withdrawal, you have to bear the regular costs of returning the goods if the goods delivered correspond to those ordered.

§ 5 Delivery conditions, Delivery times and Costs

You can always find our current shipping conditions under "Delivery conditions" at the bottom of our page.

§ 6 Due Date and Remuneration, Default

1. The price offered is binding. Due to our current small business status according to § 19 UStG no sales tax is charged. If the status changes, the statutory sales tax is included in the price and is shown accordingly.

In the case of mail order purchases, the price is plus the flat-rate shipping costs specified under § 5 "Delivery costs" in the respective amount.

The customer pays the purchase price in advance or PayPal, under the conditions mentioned in § 6. Nicething.de reserves a maximum limit of € 200.00 for new customers up to which advance payment can be made. Credit rating required. This limit applies to the entire customer account and also takes into account outstanding amounts from previous invoices.

2. During the delay, the consumer has to pay interest on the debt at a rate of 5 percentage points above the base rate.

During the delay, the entrepreneur has to pay interest on the debt at a rate of 8 percentage points above the base rate. We reserve the right to prove and assert higher default interest damage to the entrepreneur.

§ 7 Offsetting, Retention

The customer only has the right to offset if his counterclaims have been legally established or recognized by us.

The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 8 Retention of title

1. In the case of consumers, we reserve ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, we reserve title to the goods until all claims from an ongoing business relationship have been settled in full.

2. The customer is obliged to notify us immediately of any third party access to the goods, for example in the event of a seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of any change in ownership of the goods or of his own change of residence.

3. We are entitled to withdraw from the contract and to demand the return of the goods if the customer acts in breach of contract, in particular in the event of default in payment or breach of an obligation according to section 2 of this provision.

4. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount that arise from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.

5. The handling and processing of the goods by the entrepreneur always takes place in our name and on our behalf. If processing takes place with items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods delivered by us to the other processed items.
The same applies if the goods are mixed with other items that do not belong to us.

§ 9 Liability for Defects / Limitation of Liability and Exemption

1. Consumers have the choice of whether the supplementary performance should be carried out through repair or replacement. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, we initially guarantee defects in the goods through repair or replacement delivery, at our option.

In the case of unique artistic items, any claim for supplementary performance is invalid.

2. If the supplementary performance fails, the customer can in principle demand a reduction in payment (reduction), cancellation of the contract (withdrawal) or compensation instead of performance.
If the customer chooses compensation instead of performance, the limitations of liability according to the following clauses 5 and 6 apply. In the case of only minor defects, however, the customer has no right of withdrawal.

3. Entrepreneurs must notify us in writing of obvious defects within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.

4. The warranty period for consumers is 2 years from delivery of the goods. The warranty period for entrepreneurs is 1 year from delivery of the goods. The warranty period for used items is 1 year from delivery of the goods. The one-year warranty period does not apply if gross negligence can be accused, as well as in the case of physical injury and health damage attributable to us and the loss of the customer's life. Our possible liability under the Product Liability Act remains unaffected.

5. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.

6. The above limitations of liability do not apply to customer claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of damage to body and health attributable to us or in the event of the customer's life being lost.

7. Insofar as we enable access to other websites with links, we are not responsible for the third-party content contained there. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.

8. The customer releases us from all disadvantages that may arise from third parties due to harmful actions by the customer - regardless of whether they are intentional or negligent.

§ 10 Final provisions, Applicable law

1. The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

The provisions of the UN sales law do not apply.

2. If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

3. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the ineffective one.

Implementation of the ODR guideline

Online dispute resolution in accordance with Art. 14 Para. 1 ODRVO

The European Commission provides a platform for online dispute resolution, which you can find under
http://ec.europa.eu/consumers/odr/  

Note according to § 36 Abs. 1 Nr. 2 VSBG (German law): We point out that we are for participation in
Dispute settlement procedures are not available before a consumer arbitration board.