Terms of service
General Terms and Conditions for Internet Sales of the Online Shop of Nicola Metzger www.nicolametzger.com
§ 1 General, language, customer base
(1) All offers, sales contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as Customers) via our online shop www.nicolametzger.com (hereinafter referred to as the "Online Shop") are subject to these General Terms and Conditions.
(2) The product range in our online shop is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
(3) The customer's terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
(4) Contracts with the customer shall be concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language page of the online shop. If the customer places the order via our German-language website, only the German version of these General Terms and Conditions shall apply accordingly. If the order is placed via our English-language website, only the English version of these General Terms and Conditions shall apply.
§ 2 Conclusion of contract
(1) Our offers in the online shop are non-binding.
(2) By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We can accept the offer until the end of the third working day following the day of the offer.
(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed to have been accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer shall only be concluded upon our acceptance.
(4) Any customer who is a consumer is entitled to revoke the offer in accordance with the special revocation and return instructions provided to the customer as part of the order on our website and to return the goods to us at his own expense.
§ 3 Prices and payment
(1) Our prices include the statutory sales tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) We only accept the payment methods displayed to the customer during the order process.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
(4) The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally determined by a court of law.
§ 4 Shipment of the goods and shipping costs
(1) The periods and dates stated by us for the dispatch of the goods are approximate. Our products usually leave our warehouse within 1-2 business days to be sent to you. Pre-ordered items leave our warehouse within the time period we state on our website with the item.
If you have ordered products that are partly in stock and immediately available, and partly as a pre-order ready to be shipped at a later date, we will hold all your ordered products and ship them to you together within the pre-order period. So you get everything together in one package.
(2) All delivery times stated by us, when customers place their orders or otherwise agreed, start on the day we receive the full purchase price (including VAT and shipping costs).
(3) Our compliance with a shipping deadline is measured exclusively on the day on which we hand over the goods to the shipping company handling your shipment.
(4) If the ordered goods are not available, we will notify the customer immediately. If the goods are not available for the foreseeable future, we are entitled to withdraw from the contract. If we withdraw from the contract, we will immediately refund any payments already made by the customer. The customer's statutory rights due to delays in delivery shall remain unaffected by the above provisions; the customer may only claim damages to the extent specified in § 8.
(5) We bear the shipping costs within Germany and to the following countries: Belgium, Denmark, France, Luxembourg, Monaco, Netherlands, Austria, Poland, Czech Republic, Andorra, Italy, San Marino, Sweden, Slovakia, Slovenia, Spain, Hungary, Vatican City, Bulgaria, Estonia, Finland, Greece, Ireland, Croatia, Latvia, Lithuania, Malta, Portugal, Romania, Cyprus, Liechtenstein, Switzerland, United Kingdom, Iceland, Norway.All customs duties, fees, taxes and other governmental charges to Liechtenstein, Switzerland, Great Britain, Iceland, Norway are to be paid by the buyer.We ship with Warenpost/Warenpost International. Shipping within Germany usually takes 3-4 days. Within the other countries 4-6 days. For USA you bear the shipping costs yourself. It costs 32,93€. And the shipping takes 6-14 days.
(6) We may make partial shipments of products in an order if they can be used separately and are responsible for any additional shipping charges.
§ 5 Shipping and transfer of risk
(1) Unless otherwise expressly agreed, we determine the appropriate mode of shipment and the carrier at our reasonable discretion.
(2) Deliveries both within Germany and abroad are always made with the transport company DHL. The respective shipment status can be viewed at www.dhl.de.
(3) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us is therefore non-binding.
(4) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
§ 6 Retention of title
(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
§ 7 Warranty
(1) If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we can choose between the removal of the defect or the delivery of a defect-free item, whereby only by notification in text form (e-mail) to the customer within three working days after receipt of the notification of the defect. We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost.
(2) If the subsequent performance according to § 7 (1) fails or is unreasonable for the customer or if we refuse the subsequent performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of his futile expenses. The special provisions of § 8 of these General Terms and Conditions shall also apply to the customer's claims for damages.
(3) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery.
(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after they have been sent. The delivered goods shall be deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of the defect.
(5) All warranty claims of the customer shall expire if the customer has modified the goods or interfered with the goods in any other way. This shall not apply if the customer proves that the intervention or modification was not the cause of the defect.
§ 8 Liability
(1) Our liability for delay in delivery is - except in the case of intent or gross negligence - limited to an amount of 5% of the respective purchase price (including VAT).
(2) We shall not be liable (irrespective of the legal grounds) for damage which is not typically to be expected in the normal use of the goods. Our liability is also excluded for damages resulting from loss of data if the recovery is not possible or is made more difficult due to missing or insufficient data backup. The above limitations of liability shall not apply in the event of intent or gross negligence.
(3) The limitations of this § 8 do not apply to our liability for guaranteed characteristics of quality as defined by 444 BGB. § 444 BGB, for injury to life, limb or health or under the Product Liability Act.
§ 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider informs about in the following in accordance with the statutory model.
In paragraph (4) you will find a model withdrawal form. The right of withdrawal does not apply to consumers who belong to Switzerland at the time of the conclusion of the contract and whose sole place of residence and delivery address at the time of the conclusion of the contract is in Switzerland. The Swiss legal system does not provide for a right of withdrawal for Swiss consumers for online purchases.
(2) For the purchase of vouchers, in the event of revocation, it applies that insofar as a purchased voucher has been broken or used and the contract for the purchase of the voucher is revoked, the consumer is obliged to pay compensation for the value. As far as a purchased good is paid with a purchased voucher, the repayment of the purchase price takes place under by a voucher, unless something else was expressly agreed upon.
The buyer of the revoked voucher will be refunded the amount of the voucher. Cancellation policy Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must send us the
Nicola Metzger GmbH, Kastanienallee 76, 10435 Berlin, Germany
Telephone: +49 (0) 30 95623155
by means of a clear declaration via e-mail of your decision to revoke this contract. We will then send you the return form by e-mail, which you then print out and complete and enclose with the return.
To cancel the contract, you can also use the model cancellation form (link below), which is not mandatory. To comply with the withdrawal period, it is sufficient that you send us the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period of 14 days after receipt of your goods, as well as within this period send the goods to us, and pay the postage yourself.
Consequences of cancellation If you cancel this contract, we must refund all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days of the day on which we received your returned goods, unworn and in their original packaging. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
The repayment will be refused until we have received the goods back or until you have provided proof that you have returned the goods and they have been received by us, whichever is the earlier.
You mustnotifyusby email ofyour cancellation ofthis contractwithin 14 days of receipt of the goodsandreturn or hand over thegoods touswithout delay within this period. The deadline is met if you send the goods before the end of the period of fourteen days. You only have to pay for any loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
(4) The sample cancellation form is available for download at
https://cdn.shopify.com/s/files/1/0562/2415/3759/files/Widerrufsformular-Nicola-Metzger-DE.pdf?v=1620140408 for download. In addition, the customer will be sent the sample revocation form upon conclusion of the contract by email.
§ 10 Data protection
(1) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and as long as we are obliged to store this data due to legal regulations.
(2) We reserve the right to transmit personal data of the customer to credit agencies as far as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in the individual case. We will also not otherwise forward personal customer data to third parties without the customer's expressly declared consent, except insofar as we are legally obliged to hand it over.
(3) We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those stated in this § 10.
§ 11 Applicable law and place of jurisdiction
(1) The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.
(2) For consumers with habitual residence in a country that is neither a member of the European Union nor of the European Economic Area, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German consumer protection law. Irrespective of this choice of law, the mandatory consumer protection law of the state in which they have their habitual residence at the time of conclusion of the contract shall also always apply to consumers.
(3) If the customer is a merchant as defined by. § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.
§12 Promotions, discounts, advance orders
(1) All promotions are valid while stocks last. If products ordered with a discount are no longer available, we reserve the right to cancel the order and refund any outstanding amounts. This also applies to products that we offer as a pre-order.
Status May 28, 2021