GTC
General Terms and Conditions (GTC) of Nestler Feinkartonagen
1. Formation of Contract
1.1
These General Terms and Conditions shall be deemed integral part of all legal transactions concluded with us. Any deviating terms on the part of the Purchaser shall not apply and will not be accepted by us even if they have not been expressly disagreed with.
1.2
The listing of our products for sale in the online shop shall not be deemed a legally binding offer of a contract but solely a catalogue of online contents. By clicking the "Send Order" button, you will place a legally binding order for all items contained in the shopping cart. Such order will then be confirmed by us in the form of an electronically generated e-mail. This e-mail confirmation containing all details of your order shall constitute a legally binding contract between both parties. The wording of the contract shall be stored by us upon completion of the contract.
2. Delivered Goods
2.1
The main features of the goods can be gathered from the respective product figure and/or product description.
2.2
We reserve the right to deliver goods that are equivalent in terms of quality and price as well as features and properties to the products depicted to the extent reasonable for the Purchaser in the particular case. Should - as a special exception - the ordered product not be available, we reserve the right to refrain from delivery and may withdraw from the contract.
3. Prices; Payment; Dispatch; Delivery
3.1
The prices indicated for each product shall apply. Additionally, there are shipping costs amounting to € 7.08 per dispatch from Germany to other EU-countries.
3.2
Payment shall be made by the Purchaser via a cash transaction in advance. For this purpose, the Purchaser shall receive an invoice together with the order confirmation by e-mail. Payment shall be made within 14 (fourteen) days after the Purchaser’s receipt of the invoice.
3.3
The dispatch shall be carried out by post and shall be made within 5 (five) working days upon receipt of the invoiced amount.
4. Set-off
The Purchaser may only set off against such receivables that are undisputed or recognised by declaratory judgement.
5. Liability for Defects
5.1
A warranty period of 12 (twelve) months shall apply as long as the Purchaser is an entrepreneur within the meaning of Sect. 14 of the BGB [German Civil Code]. In the case of non-corporate final consumers, a warranty period of 24 (twenty four) months shall apply. The period shall commence at the time of passing of risk.
5.2
Goods shall not be considered defective if the deviation is irrelevant or its merchantability is only insignificantly impaired.
5.3
In other respects, the liability of defects shall be subject to the legal requirements.
6. Severability Clause
If any of the provisions of this contract shall be deemed to be to or become invalid, the validity of any part of the remaining contract shall not be affected. In this case the invalid provision shall be replaced by the applicable statutory regulation. This shall also apply in the case of a contractual gap.
7. Applicable Law; Place of Jurisdiction
7.1
If not otherwise provided for by mandatory law, the contract and all legal relations existing in connection with it shall be governed by German law.
7.2
As far as the Purchaser is a merchant/trader, the appointed place of jurisdiction shall be the venue in the judicial district where our company’s headquarter is domiciled. We shall, however, also be entitled to enforce a claim against the merchant/trader at any other competent court of law.
Cancellation Policy
Right of Cancellation
You may cancel your contract in writing (e.g. by letter, facsimile, e-mail) within 14 (fourteen) days without stating grounds, or - if the item has been placed at your disposal prior to the expiry of the time limit - by returning the item concerned. The term shall commence upon receipt of this notification in written form, however, not prior to the performance of our duties pursuant to Sect. 312e, para. 1, sentence 1 BGB [German Civil Code] in connection with Art. 246 Sect. 3 EGBGB [Introductory Act to the German Civil Code]. In order to maintain the cancellation period, it shall be sufficient if the notice of cancellation or the item was sent in due time. The cancellation notice shall be addressed to
Nestler GmbH
Feinkartonagen
Gewerbegebiet an der B 95, Nr. 14
D-09427 Ehrenfriedersdorf / Germany
Facsimile number and/or e-mail address may be indicated but are not mandatory.
Consequences of Cancellation
In the event of effective cancellation any mutually received services shall be refunded and possible benefits derived (e.g. interest) returned. If you are unable to return the received service be it in whole, in part or only in deteriorated condition, you may be liable to pay compensation in this respect. This shall not apply if the relevant deterioration of the item is due to the simple trial use of the product which the customer would have reasonably been able to conduct in a store. You can avoid the risk of value replacement for deterioration caused by intended regular use by not treating it as your property and refraining from anything that reduces its value. Goods that can be dispatched as parcels shall be returned at our expense and risk. The return shipment shall be made at the customer’s expense if the goods delivered correspond with the goods ordered and if the price of the goods to be returned is less than or equal to € 40.00, or if, in the case of a higher price of the goods, you have at the time of cancellation, not paid in full or have not made a contractually agreed partial payment. Otherwise, the return shall be free of charge. Goods that cannot be sent as parcels will be picked up at your location. The obligation to refund payment must be met within 30 (thirty) days. This term shall commence for you with the dispatch of your notice of cancellation or of the item(s), and for us - with the receipt of the same.
End of cancellation policy
