Terms and conditions of the Nugenesis Nails Deutschland online shop
These General Terms and Conditions (hereinafter "GTC") of Nugenesis Nails Deutschland (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") via our online shop nugenesisnails.de (hereinafter "Online shop") with us as a seller with regard to the goods we present in our online shop. Unless expressly agreed otherwise, the customer's own terms and conditions do not apply, even if we do not separately object to their validity in individual cases.
Consumers within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
1. Seller is:
Nugenesis Nails Deutschland
Humboldtstrasse 1, 73457 Essingen
Tel .: (+49) 0172-58.71.222
TAX ID: DE291784831
Manager: Florin Flontas
2. The product presentations contained in the online shop of the seller do not represent binding offers of the seller but serve to make a binding offer by the customer.
3. By placing an order using the online order form integrated into the seller's online shop, the customer can submit a binding offer to purchase the product in question. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking on the "Order with payment" button that concludes the ordering process.
4. The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (e-mail) (the decisive factor here is the receipt of the order confirmation by the customer), or the customer ordered goods deliver (the decisive factor here is the receipt of the goods by the customer). In case of doubt, the contract comes into being at the time when one of the alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends on the fifth day following the submission of the offer. If the seller does not accept the customer's offer within this period, this is considered a rejection of the offer and the customer is no longer bound by his declaration of intent.
5. The text of the contract is saved by the seller and sent to the customer in text form after submitting his order together with the present terms and conditions. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account in the log-in area, provided the customer has created a customer account in the seller's online shop before sending his order. The customer can view the GTC at any time - even before the contract is concluded - under the GTC link, download it from there, print it or save it. The contract language is German.
6. As part of the electronic order process, the customer can avoid possible input errors by carefully reading and possibly using the browser's zoom function. The entries can be corrected using the keyboard and mouse functions until the order button is finally pressed, i.e. the order process is completed.
For consumers i.S.d. § 13 BGB the following right of withdrawal applies:
Right of cancellation
The right of withdrawal does not exist for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
To exercise your right of withdrawal, you must contact us:
Nugenesis Nails Germany
Humboldtstrasse 1, 73457 Essingen
Tel .: (+49) 0172-58.71.222
Prices and terms of payment
1. All prices stated in the online shop nugenesisnails.de are total prices in EUR without VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
2. In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, such as duties related to the import (e.g. customs duties) or costs for the transfer of money.
3. The payment methods displayed at the end of the ordering process are available to the customer.
5. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Invoice: The payment period is 14 days from the dispatch of the goods. The full billing terms for the countries where this payment method is available can be found here: Germany, Finland, Great Britain, the Netherlands, Norway, Austria, Sweden
Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments at the conditions specified in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. You can find more information about the installment purchase including the general terms and conditions and the standard European information for consumer credit for the countries where this payment method is available here (only available in the specified countries): Denmark, Germany, Finland, Great Britain, Norway, Austria, Sweden.
6. If you choose the "cash on delivery" method, you pay the DHL representative who delivers the order to the address provided.
7. If you choose to pay by bank transfer, your order will be shipped after the bank confirms receipt of the transfer.
Account holder: Florin Flontas
Bank details: Postbank
Account number. 949903701
Bank code: 60010070
IBAN: DE58 60010070 0949 9037 01
Bank address: Friedrichstr. 5, 73430 Aalen
1. The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed.
2. The goods are delivered by DHL as an insured package, unless expressly agreed otherwise.
3. Delivery takes place within five working days after the customer completes the order, apart from orders paid by bank transfer if the delivery is made after the bank has been informed of the receipt of the transfer. The shipping costs and delivery times are displayed when ordering.
4. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller gave him the right the service had announced a reasonable time in advance.
5. If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes 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 passes to the customer upon delivery of the goods to the transport company.
The seller is fully liable for any legal reason in the event of injury to life, limb or health, in the event of intent or gross negligence, malice and promise of guarantee and if liability is based on mandatory legal regulations, such as the Product Liability Act.
If the seller has negligently violated an essential contractual obligation, the obligation to pay compensation for property damage is limited to the foreseeable, typically occurring average damage. If the seller has negligently violated an insignificant contractual obligation, the obligation to pay compensation is limited to the order value. The above limitations of liability also apply to the vicarious agents of the seller.
Retention of title
The goods remain the property of the seller until they have been paid for in full.
Applicable law and jurisdiction agreement
1. The contract in accordance with these general terms and conditions of business and delivery is subject exclusively to the substantive law of the Federal Republic of Germany. The UN sales law is excluded. If the customer is a consumer and has his habitual residence abroad, mandatory provisions of this state remain unaffected.
2. If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.
Should a provision be wholly or partially ineffective or later lose its legal validity, this does not affect the effectiveness of the remaining provisions. Instead of the ineffective provision, the legal regulations apply.
Alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS). You can find this portal here: http://ec.europa.eu/consumers/odr/. The information required for a dispute resolution of our email address is firstname.lastname@example.org.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.