General Terms and Conditions
§ 1 Scope of Application
(1) The present General Terms and Conditions shall apply to the sale of goods by Nafilia UG (limited liability), Karwendelstr. 30, 12203 Berlin (hereinafter referred to as „we“ or „us“) to the customer (hereinafter referred to as „Customer“ or „You“) through our online shop.
(2) Contradicting and/or additional terms and conditions of the Customer shall not become part of the contract.
§ 2 Distinction between Entrepreneurs and Consumers
(1) Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
(2) „Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the legal transaction for a purpose which is, predominantly, outside its trade, business or profession.
(3) „Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
§ 3 Customer Account
(1) In order to enjoy a more convenient use of the online shop, you can open a customer account. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
§ 4 Conclusion of Contract, Contract Languages
(1) Only if and once you order goods and/or services on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
(2) We may accept your offer within two days by
– submission of a confirmation of order by post, fax or email
– delivery of the goods
– request to make payment.
The date of receipt by you of our order confirmation, goods or request for payment is decisive for compliance with the deadline.
(3) Languages made available for conclusion of the contract shall be English and German.
§ 5 Storage of the Provisions of the Contract
We will store the provisions of the contract, including the order information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order information is contained in the order overview presented within the last step of the order process. The provisions of the contract including the present Terms and Conditions are also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
§ 6 Disturbances of Delivery
Should any applicable goods not be available for delivery due to a failure of a contractor of us to deliver such product and despite a contractual obligation of such respective contractor to do so, then we shall be entitled to cancel the applicable individual contract entered into with the Customer. In such event we shall inform the Customer without undue delay that the ordered goods are not available any more, and we shall refund the remuneration, if paid already, without undue delay.
§ 7 Payment
Where advance payment is agreed, payment is due to be made upon conclusion of the contract without undue delay.
§ 8 Retention of Title
(1) If you are a Consumer the following shall apply:
We shall retain title in the goods delivered by us until full payment (referred to as “Goods Delivered Under Retention Of Title” hereafter).
(2) If you are an Entrepreneur the following shall apply:
We shall retain title in the Goods Delivered Under Retention Of Title until we will have received any and all payments under the business relationship with the Customer. We shall release such aforesaid securities upon the Customer’s request to such extent as the value of our securities exceeds the value of the secured debt of the Customer at more than 20%; in such event we shall be entitled to select, at our free discretion, the securities which are to be released.
The Customer shall be entitled to sell the Goods Delivered Under Retention Of Title to third parties within the ordinary course of business; however, the Customer hereby already assigns to us any and all claims accruing to him from such resale to third parties.
§ 9 Claims arising from Defects/ Warranty
(1)If you are a Consumer the following shall apply:
Our warranty obligations shall be such as provided for under the applicable laws.
(2) If you are an Entrepreneur the following shall apply:
Where the Customer acts as a merchant within the meaning of section 1 of the German Commercial Code (“Handelsgesetzbuch”, abbr. “HGB”), it shall examine the goods after receipt without undue delay. It shall, after receipt of the goods, notify us of apparent defects without undue delay or – should the defect become apparent only at a later point of time – without undue delay after the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the Customer’s rights. Should such notice not be given or not be given in time, the goods shall be deemed approved. This shall not apply where we fraudulently concealed the defect.
If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or – in case of significant defects – to terminate the contract.
The warranty period for Customer’s claims regarding defects of the goods shall be one year from delivery of same to the Customer. This shall not apply to Customer’s claims for damages directed at a compensation for a bodily injury or for an injury to health, and based on a defect for which we are responsible, or on gross negligence of us or of a person assisting us in the performance of our obligations; such claims shall be subject to the applicable limitation period provided for under the applicable laws.
§ 10 Exclusions and Limitations of Liability
Our liability for damages shall be subject to the following:
(1) In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
(2) In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
(3) Otherwise our liability, regardless of its legal grounds, shall be excluded.
(4) The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
(5) Any liability based on the assumption of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”) shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).
§ 11 Choice of Law, Jurisdiction
(1) The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
(2) For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the user’s location instead.