Note: The English version of the Terms and Conditions is provided for clarity only. Only the German version is legally binding.
General Terms and Conditions of Nitzbon AG for Private Customers
§ 1 Validity of the Terms and Conditions
(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 are an integral part of all purchase contracts that we conclude with our customers (hereinafter referred to as ‘customer’) for the goods we offer.
(2) These General Terms and Conditions apply only to private customers. For the purposes of these General Terms and Conditions, ‘private customers’ are defined as consumers within the meaning of § 13 BGB (German Civil Code). A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Section 2 Contractual partner
Your contractual partner is:
Nitzbon AG
Osterrade 14
D-21031 Hamburg
Telephone: +49 (40) 739223-0
Fax: +49 (40) 739223-99
Email: info@nitzbon.de
Executive Board: Jens Nitzbon
Chairman of the Supervisory Board: Wolf-Peter Wenz
Company headquarters: Hamburg
Commercial register: Hamburg Local Court No. HRB 78949,
VAT ID No.: DE 813123153
§ 3 Offer – Conclusion of contract
(1) Our offers in brochures, catalogues, on the Internet, in advertisements, in letters of offer, etc. – including the prices stated therein – are subject to change and non-binding, i.e. they are to be understood solely as an invitation to the customer to submit a purchase offer to us.
(2) By ordering the goods, the customer makes a binding offer to purchase the goods. The purchase contract is only concluded when 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 is deemed to have been rejected and the contract is not concluded.
(3) The contract language is German.
(4) If the customer orders the goods electronically, the text of the contract will be stored by us after conclusion of the contract in a manner that is not accessible to the customer and will be sent to the customer by email upon request, together with these General Terms and Conditions.
§ 4 Right of withdrawal
Cancellation policy 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, telephone: +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 can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for the refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.
§ 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 manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 6 Prices - Shipping costs - Minimum order value
(1) Our prices are 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 minimum quantity surcharge of £10.00 including VAT.
§ 7 Payment
(1) Unless expressly agreed otherwise, we only deliver 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 on the invoice. The statutory rules regarding the consequences of late payment apply.
(3) The deduction of discounts requires a special written agreement.
§ 8 Delivery
(1) Orders and deliveries are generally only possible within the United Kingdom. Both the delivery address and the billing address must be in the United Kingdom.
(2) We do not deliver WorkPark products to private customers.
(3) Unless expressly agreed otherwise, the delivery period is 3-5 working days, starting from the day on which the full purchase price (including VAT) 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 goods in question has been paid in full.
§ 10 Warranty
The customer's claims against Nitzbon AG in the event of defects in the purchased item are governed by the statutory warranty provisions. Your warranty claims expire two years after delivery of the item. For all defects in the purchased item occurring during the warranty period, the statutory claims for subsequent performance (at your discretion: rectification of defects or new delivery) and – if the legal requirements are met – the further claims for reduction or withdrawal as well as compensation for damages, including compensation for damages instead of performance and compensation for your futile expenses, shall apply.
§ 11 Return delivery in the event of defects
(1) The place of performance for the customer's claims for subsequent performance within the scope of existing warranty rights for defects in accordance with § 10 is our place of business.
(2) In the event of subsequent performance, the defective goods will be collected by us from the customer at our expense. The customer must agree a collection date with us in this regard.
§ 12 Service in the event of defects In warranty cases, please contact:
Nitzbon AG
Osterrade 14
D-21031 Hamburg
Telephone: +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 applies exclusively. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) Should any provision in these terms and conditions be or become invalid or ineffective, this shall not affect the validity of all other provisions and agreements between us and the customer.
(3) The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://consumer-redress.ec.europa.eu/index_en. Consumers have the option of using this platform to resolve their disputes.
Hamburg, 5 July 2019
