Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Defective Liability (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of NAMU GmbH (hereinafter referred to as "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller regarding the goods presented by the seller in their online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, these terms and conditions apply accordingly, unless otherwise stipulated. Digital content in the sense of these terms and conditions refers to data that is created and provided in digital form.
1.3 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated.
1.4 A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.5 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve for the customer to submit a binding offer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the cart by clicking the button that completes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after they have placed their order.
If multiple of the aforementioned alternatives are present, the contract is concluded at the moment one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. There will be no further accessibility of the contract text by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge through their password-protected user account by providing the corresponding login details.
2.6 Before placing a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries within the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.
2.8 The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the seller's withdrawal information.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.
4.4 Payment processing for the payment method offered through the payment service "Shopify Payments" is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply, of which the customer will be separately informed if applicable. More information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.
4.5 When selecting a payment method offered through the payment service "Klarna," payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and the terms of Klarna can be found here:
https://tokki-shop.de/policies/shipping-policy
4.6 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit check.
Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions made in the seller's withdrawal information apply in the case of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's fault and he has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Coupons will be provided to the customer as follows:
- by email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the owed purchase price.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, for contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for rights due to defects is one year from delivery of the goods;
- for used goods, the rights for defects are excluded;
- the limitation period does not restart if a replacement delivery occurs within the scope of liability for defects.
7.2 The liability limitations and time reductions set forth above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building according to their usual manner of use and have caused its defects,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the customer fails to fulfill the notification obligations stipulated there, the goods are deemed approved.
7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller of this. If the customer fails to do so, it has no effect on their statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason.
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body, or health,
- due to a warranty promise, unless otherwise stipulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated according to the preceding clause. Material contractual obligations are those duties imposed on the seller by the contract to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.
8.3 Furthermore, the seller's liability is excluded.
8.4 The above liability provisions also apply to the seller's liability for its agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is indicated in the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
9.9 The promotional voucher is transferable. The seller can fulfill their obligation to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller is aware or grossly negligent in not knowing about the ineligibility, incapacity, or lack of representation of the respective holder.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and remaining balances from gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
10.8 The gift voucher is transferable. The seller can perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity to act, or lack of representation authority of the respective holder.
11) Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
12) Jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the cases mentioned above, however, the seller is entitled to call upon the court at the customer's location in any case.
13) Alternative Dispute Resolution
The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
