TERMS OF SERVICE
For the business relationship between Nitz Inc (hereinafter referred to as ” Provider “) and the customer (hereinafter referred to as ” Customer “), the following General Terms and Conditions apply in their version valid at the time of the order, if the Order of the customer via the nitzinc.com operated online shops of the provider takes place. Deviating conditions of the customer are not recognized, unless the offeror expressly agrees to their validity in writing.
The customer is a consumer, as far as the purpose of the ordered deliveries can not be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal personality who, in concluding the contract, is acting in the course of his commercial or independent professional activity.
A sale via the online shops operated by nitzinc.com is currently only carried out by the provider to customers within the European Economic Area. The billing address of the customer must therefore be located within the European Economic Area.
If a specific product ordered by the customer is permanently not available at the time the customer’s order is placed, the provider will notify the customer immediately by e-mail and in this respect looks away from an order confirmation. A contract in this case does not materialize. The possibility of accepting further applications contained in the order remains unaffected.
If a particular product ordered by the customer is only temporarily not available, the provider will inform the customer in the order confirmation. In case of a delay of more than two weeks after sending the order confirmation, the customer has the right in this case to withdraw from the contract.
If after the conclusion of the contract it becomes apparent that an ordered, certain product is permanently not available, the provider will inform the customer immediately by e-mail. Both the customer and the provider can then withdraw from the contract insofar.
PRICES AND SHIPPING, DELIVERY FOR PICKUP
All prices, which are indicated on the website of the offerer, are in Euro including the applicable legal value added tax. The prices are valid at the time of the order.
The dispatch of the ordered commodity takes place with choice of dispatch mode “standard dispatch” free of charge. If you choose other shipping methods (eg express delivery), shipping costs are incurred, which are shown separately during the ordering process.
The shipping risk is borne by the provider. The goods will be shipped only within Germany. Delivery dates are not binding, unless the delivery date is expressly designated in the shipping options of the respective product as a binding date. If a binding delivery date is not adhered to, the provider will reimburse the customer for the shipping costs; further rights of the customer do not exist.
PAYMENT TERMS, DUE DATE OF THE PURCHASE PRICE, LATE PAYMENT
The provider generally supports the following payment methods: credit card (Visa, MasterCard, American Express), PayPal, immediate transfer and payment on account. The provider reserves the right not to make individual payment methods available or refer to other payment methods in individual cases.
The customer can change the payment method stored in his user account at any time.
With the exception of purchase on account, the invoice amount is due immediately. When paying by credit card or PayPal, the debiting of the invoice amount from the credit card account at the time of shipment of the goods will be arranged.
For delivery on account, the customer is obliged to settle the invoice within 14 days after receipt of the goods. After expiry of 14 days after receipt of the goods, the customer is in default without a reminder being required. From this point in time he has to pay the provider default interest in the amount of 5 percentage points above the base rate. The customer is permitted to prove that the actual damage caused by the delay did not occur at all or is lower.
The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider. In particular, the Provider shall be entitled to charge a default fee of up to EUR 5, – in case of default of payment owed by the customer, for each reminder up to the transfer of the collection of the claim to a collection agency or to a lawyer. If the reminder fee is lower than this amount, the reminder fees are limited to the amount of the reminder payment. The right to assert further damages due to delay is not affected by this.
VOUCHERS AND COUPONS
Vouchers are gift vouchers that the customer can purchase. Coupons are action vouchers that can not be purchased, but are issued by the provider as part of their advertising campaigns. Coupons are subject to separate regulations, which are communicated in connection with the respective coupon. The terms and conditions for redeeming vouchers and coupons may differ and may be related to the voucher or coupon.
Vouchers and coupons can be redeemed when purchasing goods. However, the provider points out that vouchers and coupons may not be redeemable for certain payment methods.
Upon redemption, coupons will be deducted proportionally from the individual prices of the products in the basket for which the coupon is valid. This pro rata crediting also takes place if the minimum order value of an action is already reached with one of the ordered products. When returning a product or multiple products for which a coupon has been redeemed, the price of the product or products reduced by the coupon rate will be reimbursed. A (pro rata) refund or reactivation of the coupon will not be made in this case.
RETENTION OF TITLE
Until full payment, the delivered goods remain the property of the provider.
Upon return of the fully paid goods by the customer at a service point or receipt at the return address in accordance with § 10.2 or § 11.1, ownership of the goods is transferred back to the provider.
Notwithstanding this, the warranty obligation to entrepreneurs for goods delivered by the provider is one year. Compared to consumers, the warranty obligation is two years. The warranty period begins with the delivery of the item to the customer.
The provider is not liable for defects of the delivered goods, which were caused by the fact that the goods were treated improperly or changed in a manner not approved by the provider. The same applies in the event that the customer has not followed the regulations on the treatment and care of the goods (eg washing or dry instructions).
Subject to the provision in § 9.2, the liability of the provider for damages shall be limited as follows:
If essential contractual obligations were simply negligently infringed by the provider, the provider is only liable to a limited extent for the typical, foreseeable damage. Significant contractual obligations are those whose fulfillment only enables the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the adherence to which the customer regularly relies, so-called “cardinal obligations”.
The provider is not liable for the slightly negligent violation of non-essential obligations arising from the contractual relationship.
The aforementioned exclusion of liability does not apply in cases of mandatory statutory liability (in particular under the Product Liability Act) or in the event of a guarantee or in the event of culpable injury to life, limb or health.
The limitation of liability of §§ 9.1 and 9.2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
The customer is obliged to take appropriate measures for damage prevention and reduction.