Terms of service
Standard Business Terms and customer information
- Terms & Conditions
- 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (NIQUA GmbH) via the www.niqua-shop.de website. Unless otherwise agreed, the inclusion of your own conditions that may have been used by you is contradicted.
(2) Consumers in terms of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of its independent professional or commercial activity.
- 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract for the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time.
After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
If you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Immediately) as payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order using the "order with payment" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests to make an offer are not binding for you. We will make you a binding offer in writing (eg by e-mail), which you can accept within 5 days.
(5) The completion of the order and the transfer of all information necessary in connection with the final contract is partially automated email. They have, therefore, ensure that you stored in your e-mail address is correct, the receiving of emails is technically assured and especially not inhibited by SPAM filters.
- 3 Right of retention, reservation of title
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
- a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
- b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
- c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
- d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
- 4 warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
- a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
- b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we maliciously concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency;
- with statutory recourse claims that you have against us in connection with rights to defects.
- 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
- customer information
- Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
- Information on the formation of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
- Contract language, contract text storage
3.1. Contract language is German.
3.2. The full text of the contract will not be saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, eg by e-mail, which you can print or electronically save.
- codes of conduct
4.1. We have submitted to the buyers' seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifikbedingungen.pdf (https: //www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertferenzbedingungen.pdf) and https://www.ecommercetrustmark.eu/the-code-of-conduct/ (https://www.ecommercetrustmark.eu/ the-code-of-conduct /)
- Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.
- Prices and payment methods
6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless the delivery free of charge has been promised.
6.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Any costs incurred in transferring funds (bank transfer or exchange rate charges) must be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
6.6. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, supply and shipment is at your risk.
- Statutory warranty law
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 23.10.2019