Terms and Conditions
The following General Terms and Conditions as amended at the point of time of the order shall exclusively apply to all business relations between e-nnovations GmbH, Lilienthalstraße 21, 32052 Herford (operator of the NICI online shop), hereinafter referred to as e-nnovations and the customer. e-nnovations will not accept any terms and conditions conflicting with or differing from these General Terms and Conditions and hereby explicitly objects to them. Conflicting terms and conditions of the customer will only become binding, if e-nnovations explicitly agrees to them in writing.
2. Order and conclusion of the contract
Information given by e-nnovations on the goods (technical data, dimensions etc.) are approximate guiding values only; they will, in particular, only constitute an agreement or guarantee as to quality, if the information is denoted as such in writing and explicitly by e-nnovations.
An order constitutes an offer to e-nnovations for the conclusion of a sales contract. Upon receipt of the order, the customer will receive an e-mail confirming the receipt of the order and indicating its details (in particular binding prices) (acknowledgement of order). This acknowledgement of order does not constitute an acceptance of the offer. A sales contract will only be concluded by the dispatch of the product ordered to the customer (accompanied by an advice of dispatch by e-mail) or by sending a separate confirmation of order by e-mail. No sales contract will be concluded on ordered products that are not listed in the advice of dispatch or the confirmation of order.
If e-nnovations is not able to deliver the ordered goods without any fault on its part, because e-nnovations’ upstream supplier does not meet its contractual obligations, e-nnovations will be entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately of the fact that the product ordered is not available. This provision shall not affect the customer’s legal claims.
e-nnovations does not offer any products for sale to minors. Products for children offered by e-nnovations can only be bought by persons of full age.
e-nnovations reserves the right to sell goods in commercial quantities only.
3. Terms of payment and retention of title
The prices quoted in the e-nnovations online shop are final prices in euros and include the statutory VAT currently valid in Germany. The amount of invoice becomes due upon acceptance of the order (see item 2 of the General Terms and Conditions).
Depending on the amount of invoice, the customer can pay by direct debit, transfer, credit card or by cash on delivery. Your account will be debited upon acceptance of the order. In case of cash on delivery, e-nnovations will charge an additional handling fee amounting to 6.00 euros (Please note that the local DHL deliverer charges a COD charge of 2 EUR). For payment by transfer in advance, the amount of invoice has to be transferred to e-nnovations’ account with the Sparkasse Herford (bank code number 49450120), account number 61127, upon receipt of the confirmation of order. If no payment is received within a fortnight upon receipt of the order,
e-nnovations will be entitled to cancel the order.
Orders from abroad are payable by credit card only (Amex, Mastercard or Visa).
Please note that, in case of delivery to non-EU countries such as Switzerland, USA etc., authorities in the destination country will charge additional duties and fees.
e-nnovations will remain proprietor of the goods until complete payment of the invoiced amount.
4. Dispatch and damage in transit
Unless otherwise agreed, delivery will take place ex warehouse Herford to the shipping address indicated by the customer. The goods will be shipped within Germany as insured DHL parcel or as letter post with Deutsche Post AG. e-nnovations is entitled to have the delivery carried out by another dispatch company.
If a parcel is damaged by the parcel services in transit, please refuse to accept the parcel and have it returned by the parcel service. We will immediately dispatch the items ordered again.
5. Instruction concerning the right to cancel
Consumers are the only customers to have the following legal right to cancel:
Right to cancel
You have the right to cancel this agreement without stating reasons within fourteen days. The cancellation period is fourteen days from the date when you or a third party nominated by you, who is not the carrier, have received the goods.
To exercise your right to cancel, you are required to notify us of your decision by sending a clear statement (e.g. a letter sent by post, fax or email), which cancels this agreement.
c/o e-nnovations GmbH
Fax. 0049 5221 121379
You can use the revocable form provided, which is however not obligatory. To comply with the cancellation period, it is sufficient for your notice exercising the right to cancel to be sent before the end of the cancellation period.
Consequences of cancellation
If you cancel this agreement, we are obligated to refund you immediately and at the latest within fourteen days from the date that your notice cancelling this contract was received by us. We shall refund all the payments received by us from you, including delivery charges (with the exception of surcharges due to your request for a different delivery method than the cheapest standard delivery offered by us). We shall use the same payment method for the refund that you used for the original transaction, unless explicitly agreed otherwise with you; in no circumstances shall you incur charges for this refund. We may withhold the refund until we have received the goods back, or until you have provided proof of returning the goods, whichever is earlier.
You must return or submit the goods immediately to us and in any case at the latest within fourteen days from the date when you notified us of the cancellation of this contract. The notice period shall be deemed as met, if you send the goods before expiry of the fourteen-day cancellation period. You bear the direct cost of returning the goods. You shall only be held liable for any diminished value of the goods, if this diminished value results from handling other than what is necessary to ascertain the nature, qualities and functioning of the goods.
6. Warranty and liability
If the goods delivered are defective, the legal provisions will apply. The assignment of the customer’s warranty claims shall be excluded.
Unless otherwise provided hereinafter, more far-reaching claims of the customer (on whatever legal ground) shall be excluded. e-nnovations shall not be liable for damage created not to the delivered item itself; in particular, e-nnovations shall not be liable for lost profit or any other financial loss caused to the customer. To the extent to which
e-nnovations’ contractual liability is excluded or limited, this will also apply to the personal liability of employees, representatives and vicarious agents.
This limitation of liability above shall not apply if the cause of damage is due to intent or gross negligence or personal injury is concerned. If e-nnovations violates a material contractual duty by negligence, the liability to compensate will be limited for property damage to the typical contractual damage to be expected that generally does not exceed the purchase price of the goods ordered.
If subsequent performance took place by means of replacement delivery, the customer will be obliged to return the goods delivered first to e-nnovations within 30 days at e-nnovations’ expense. Defective goods have to be returned in accordance with legal provisions.
7. Data privacy
e-nnovations will treat customer data with the utmost care and attach the utmost importance to compliance with data privacy. Details can be found in the separate e-nnovations data privacy.
8. Governing law and jurisdiction
Auf die vertraglichen Beziehungen zwischen dem Anbieter und dem Kunden findet das Recht der Bundesrepublik Deutschland Anwendung. Von dieser Rechtswahl ausgenommen sind die zwingenden Verbraucherschutzvorschriften des Landes, in dem der Kunde, soweit er Verbraucher ist, seinen gewöhnlichen Aufenthalt hat. Die Anwendung des UN-Kaufrechts ist ausgeschlossen.
Ist der Besteller ein Kaufmann, eine juristische Person des öffentlichen Rechts oder ein öffentlichrechtliches Sondervermögen, so ist der Gerichtsstand 32052 Herford für alle Streitigkeiten aus oder im Zusammenhang mit Verträgen zwischen e-nnovations und dem Besteller.
9. Alternative Streitbeilegung
Wir sind nicht verpflichtet und nicht bereit, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.
10. Final clause
Should one or several provisions of these General Terms and Conditions be ineffective, this will not result in the ineffectiveness of the entire contract. The ineffective provision will be replaced by the appropriate legal provision.
Herford, February 2017
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