General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts between nen - do© Xenia Rosengart, Bartelsstraße 35, 20357 Hamburg, Germany - hereinafter referred to as the Provider - and the Customer, which are concluded via the website www.nen-do.de of the Provider. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.

(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.(3) The contract language is German. The complete text of the contract is not stored by the provider. 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 receipt of the order by the provider, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to the customer again by email.

§ 2 Subject matter of the contract

The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the item description and the supplementary information on the website of the provider.

§ 3 Conclusion of the contract

(1) The product representations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.

(2) The customer can make a binding purchase offer (order) via the online shopping cart system.

In doing so, the goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.

Before sending the order, the customer has the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.

By sending the order via the "buy" button, the customer submits a binding offer to the provider.

The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place either by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods. If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, any services already rendered will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by email, in part automatically. The customer must therefore ensure that the email address he has provided to the provider is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Prices, shipping costs

(1) The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes.

(2) The shipping costs incurred are not included in the purchase price. They can be called up via the "Payment and Shipping" page, are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free shipping has been promised.

(3) The customer receives an invoice with VAT.

§ 5 Terms of payment and shipping

(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.

(2) Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

(3) If, contrary to expectations, a product ordered by the Customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the Provider is not responsible, the Customer shall be informed immediately of the unavailability and, in the event of withdrawal, any payments already made shall be refunded without delay.

(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to the customer upon delivery of the goods, regardless of whether the shipment is insured or uninsured.

§ 6 Customer information: Storage of your order data

Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by the supplier. We will send you the GTC, but you can also access the GTC at any time after the conclusion of the contract via our website.

As a registered customer you can access your past orders via the customer LogIn area (My Account).

§ 7 Customer information: Correction notice

You can correct your entries at any time before submitting the order by pressing the delete button. We will inform you about further correction options on the way through the order process. You can also exit the ordering process completely at any time by closing the browser window.

§ 8 Return costs when exercising the right of withdrawal

In the event of the exercise of the statutory right of withdrawal applicable to consumers in the case of distance contracts, it is agreed that the customer shall bear the regular costs of return.

§ 9 Right of Retention, Retention of Title

(1) The customer may only exercise a right of retention insofar as claims from the same contractual relationship are concerned.

(2) The goods remain the property of the supplier until full payment of the purchase price.

§ 10 Warranty

Legal rights of liability for defects

Warranty rights

Statutory liability rights for defects exist for our goods. As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify complaints to the provider and the carrier as soon as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.

Warranty towards consumers for used goods

Your warranty claims for defects in used goods shall become statute-barred one year after the goods sold have been handed over to you. Excluded from this provision are claims for damages, claims due to defects that we fraudulently concealed, and claims arising from a guarantee that we have assumed for the quality of the goods. The statutory limitation periods shall apply to these excluded claims.

Warranty towards entrepreneurs

Your warranty claims due to defects of the goods are subject to a limitation period of one year from the transfer of risk. Excluded from this provision are claims for damages, claims due to defects that we fraudulently concealed and claims arising from a guarantee that we have assumed for the quality of the goods. Also excluded is the right of recourse according to § 478 BGB. The statutory limitation periods shall apply to these excluded claims.

§ 11 Liability

We exclude liability for slightly negligent breaches of duty insofar as these do not relate to material contractual obligations, damage resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act.

The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.

Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.

§ 12 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).

(2) The place of performance for all services arising from the business relations with the Provider as well as the place of jurisdiction shall be the registered office of the Provider, insofar as the Customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

§ 14 Online Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our e-mail address in the imprint.