Terms and Conditions
TERMS AND CONDITIONS OF
§ 1 Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Nairn Paschen GbR (hereinafter referred to as the "Provider") to you, in their current version at the time of ordering.
(2) Deviating GTC of the customer are rejected.
(3) Please read these terms and conditions carefully before placing an order with Nairn Paschen GbR. By placing an order with Nairn Paschen GbR, you agree to be bound by these sales conditions.
(4) On www.neyandniq.com, we offer the sale of the following products: Nairn Paschen GbR produces modern quilts and cushion covers made of 100% cotton in its own production. The products we manufacture are exclusively made in Germany.
§ 2 Conclusion of the Contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are exclusively aimed at end customers with an invoice and delivery address in: Germany. For individual bulky goods items, the possible delivery addresses as well as the place of delivery may be limited; the restriction is indicated in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order constitutes an offer to Ney and Niq to conclude a purchase contract. The customer makes a binding offer when he has completed the online ordering process by entering the required information and clicks on the "payable order" button in the last ordering step.
(6) The purchase contract between the provider and the customer is only concluded by an acceptance declaration of the provider. This takes place at the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute an acceptance declaration in the aforementioned sense.
(7) The effectiveness of contracts for larger than household quantities as well as the commercial resale of the purchased item requires the express confirmation of the provider. This applies both to the number of products ordered within the scope of an order and to the placing of several orders for the same product, where the individual orders include a household quantity.
(8) Your orders will be stored by us after the conclusion of the contract. If you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be provided to you by e-mail or in your customer account on the website. We will inform you in the shipping confirmation for each delivery whether an electronic invoice is available. Further information on electronic invoices can be found on our website.
§ 3 Prices and Shipping Costs
(1) Our prices include the applicable value-added tax and do not include a flat shipping fee or a shipping surcharge. Shipping surcharges vary depending on the delivery method and product characteristics.
(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We verify prices when we process your order and before we charge your payment. If a product is listed at an incorrect price and the correct price is higher than the price listed on the website, we will contact you before shipping the product to ask if you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price listed by us, we will charge the lower amount and ship you the product.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list valid at the time of the order apply.
§ 4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the buyer. On the website, you will find information about the availability of products sold by Ney and Niq (e.g., on the respective product detail page). We would like to point out that all information on the availability, shipping, or delivery of a product is only approximate information and approximate values. They do not constitute binding or guaranteed shipping or delivery dates unless expressly stated as binding dates in the shipping options for the respective product.
(2) If Ney and Niq determines during the processing of your order that products ordered by you are not available, you will be notified separately by email or message in your customer account. The statutory rights of the buyer remain unaffected.
(3) If delivery to the buyer is not possible because the delivered goods do not fit through the entrance door, front door, or stairway of the buyer or because the buyer is not present at the delivery address given by him, although the delivery time was announced to the buyer with reasonable notice, the buyer bears the costs of the unsuccessful delivery.
(4) Delivery is made depending on the customer's payment method. In the case of payment in advance, delivery will be made after the payment order has been issued to the transferring credit institution. In the case of payment by PayPal, credit card, gift card, direct debit, instant bank transfer, or invoice, delivery will be made after the conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for the products listed in each shipping confirmation. The contracting party is Nairn Paschen GbR. Regardless of your right of withdrawal, you can cancel your order for a product free of charge at any time before the corresponding shipping confirmation is sent.
§ 5 Payments
(1) The buyer can pay for the goods by the following payment methods:
In the event of a chargeback for which the buyer is responsible, Nairn Paschen GbR will charge a lump sum of damages in the amount of 0 € (zero euros). The buyer may prove that no damage occurred or that the lump sum is significantly lower than the actual damages. The foregoing provisions apply accordingly to payments of the purchase price of goods sold by third-party providers.
-Instant bank transfer
(2) Certain payment methods may be excluded by the provider on a case-by-case basis.
(3) The buyer is not permitted to pay for the goods by sending cash or checks.
(4) If the buyer chooses an online payment method, the buyer authorizes the provider to collect the due amounts at the time of the order.
(5) If the provider offers payment by advance payment and the buyer chooses this payment method, the buyer must transfer the invoice amount to the provider's account within five calendar days after the order is received. The provider reserves the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the buyer chooses this payment method, the buyer expressly authorizes the provider to collect the due amounts after partial deliveries or shipments of goods have been made.
(7) If the provider offers payment by direct debit and the buyer chooses this payment method, the buyer grants the provider a SEPA basic mandate. If a payment transaction is charged back due to insufficient account funds or incorrectly transmitted bank details when paying by direct debit, the buyer shall bear the costs.
(8) If the provider offers payment by advance payment and the buyer chooses this payment method, the buyer undertakes to pay the invoice amount within 14 days after shipment of the goods, without any deduction of discount.
(9) If the buyer is in default of payment, the provider reserves the right to assert claims for damages.
§ 6 Offset and Retention
(1) The purchaser is entitled to offset only if their counterclaim has been legally established or is undisputed by the provider.
(2) The purchaser may exercise their right of retention only to the extent that their counterclaim is based on the same contractual relationship.
§ 7 Retention of Title Nairn Paschen GbR reserves the right to retain ownership of the goods until full payment has been received.
§ 8 Transport Damage
(1) If the purchaser receives goods with obvious transport damage, the provider requests that they make a complaint as soon as possible.
(2) Failure to make a complaint does not affect the purchaser's statutory warranty rights. The purpose of the complaint is to enable the provider to assert their own claims against the carrier.
§ 9 Warranty
(1) If the purchaser is a consumer, the warranty and liability for defects in the delivered goods shall be governed by statutory provisions: Consumers in the European Union have, in addition to their 30-day right of return, warranty rights for a period of two years from delivery of the goods and may demand repair or replacement of products purchased from Ney and Niq if they are found to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, the purchaser may demand a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the purchaser is not a consumer, defects shall be remedied by replacement or rectification.
§ 10 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the purchaser arising from injury to life, limb, health or breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or that of their legal representatives or vicarious agents.
(2) Essential contractual obligations are those obligations whose fulfilment is necessary to achieve the purpose of the contract. (3) The provider is liable for breaches of essential contractual obligations that are based on typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the purchaser arising from injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) To the extent that Ney and Niq's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 Cancellation Policy
(1) If the purchaser is a consumer, he or she shall have a right of cancellation in accordance with the following provisions:
(2) Right of cancellation You have the right to cancel this contract without giving any reason within fourteen days. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a good in several partial shipments or pieces) without stating reasons for cancellation. To exercise your right of cancellation, you must inform us: Nairn Paschen GbR Römerstraße 4, 40476 Düsseldorf by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the sample cancellation form on our website or send us another clear statement. If you make use of this possibility, we will immediately confirm receipt of such a cancellation to you (e.g. by e-mail). To comply with the cancellation deadline, it is sufficient for you to send the notification of exercising the right of cancellation before the end of the cancellation period and to return the goods to us within the deadline defined below using our online returns center.
(3) Consequences of cancellation If you cancel this contract, we shall reimburse you for all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day we receive notice of your cancellation of this contract. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the 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 inform us of the cancellation of this contract at Nairn Paschen GbR Römerstraße 4, 40476 Düsseldorf The deadline is met if you send the goods before the end of the fourteen-day period. We will bear the cost of returning the goods.
(4) Exceptions to the right of cancellation
You only have to bear the cost of any depreciation in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their quality, properties, and functionality.
The right of withdrawal does not exist or expires for the following contracts:
• for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery or if they have been inseparably mixed with other goods due to their nature after delivery;
• for the delivery of sound or video recordings or computer software in a sealed package if the sealing has been removed after delivery;
• for the delivery of goods that are made according to customer specifications or are clearly tailored to personal needs;
• for the delivery of goods that can quickly spoil or whose expiry date would be quickly exceeded;
• for services if Ney and Niq has fully provided them and you have been informed before placing the order and expressly agreed that we can begin to provide the service and you lose your right of withdrawal upon complete fulfillment of the contract;
• for the delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts; and
• for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the purchase contract, but the delivery of which can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 12 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts • for the supply of goods which are not pre-manufactured and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; • for the supply of goods which can quickly spoil or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts • for the supply of sealed goods which are not suitable for return due to reasons of health protection or hygiene if their seal has been removed after delivery; • for the supply of goods which, after delivery, have been inseparably mixed with other goods due to their nature; • for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 13 Data protection
(1) If personal data (e.g. name, address, email address) are collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have previously given your consent.
(2) We would like to point out that the transmission of data over the Internet (e.g. by email) may have security vulnerabilities. Therefore, error-free and uninterrupted protection of third-party data cannot be completely guaranteed. Our liability is excluded in this respect.
(3) Third parties are not authorized to use contact data for commercial activities unless the provider has obtained written consent from the affected individuals.
(4) You have the right to obtain information from Ney and Niq about the data concerning you free of charge and at any time.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
§ 14 Cookies
(4) We would like to point out that some of these cookies are transmitted from our server to your computer system, mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for which a banner is available for you to accept/reject.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted. You can find instructions on how to prevent and delete cookies in the help function of your browser or software manufacturer.
§ 15 Jurisdiction and Applicable Law
(1) German law shall exclusively apply to disputes and disagreements arising from this contract, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for orders placed by merchants, legal entities under public law or public special funds is the registered office of the provider.
§ 16 Final Provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Ney and Niq with the involvement of a parent or legal guardian.
(3) If you violate these terms and conditions and we take no action against you, we will still be entitled to use our rights in any other situation where you violate these sales conditions.
(4) We reserve the right to make changes to our website, rules, conditions, including these terms and conditions, at any time. The sales conditions, contractual conditions and terms and conditions that are in effect at the time of your order shall apply, unless a change to these conditions is legally required or ordered by a government authority (in which case they shall also apply to orders you have previously placed). If any provision in these sales conditions is found to be invalid, void, or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. (5) The invalidity of one provision shall not affect the validity of the other provisions of the contract. In the event of such invalidity, the provision shall be replaced by another legally permissible provision which corresponds to the sense and purpose of the invalid provision.