General Terms & Conditions of Sale / Conditions of Use
(1) These General Terms and Conditions apply to all and any legal relationships entered into in Germany between Verlag Nicolas Unger (hereinafter referred to as the “Seller”), Kleppergasse 1, 67149 Meckenheim, Germany, represented by Nicolas Unger, and its customers via the online shop www.nicolasunger.com. Business transactions under deviating conditions will not be possible and General Terms and Conditions of the customer will not be accepted.
(2) The Seller’s General Terms and Conditions as amended at the point of time on which a contract is concluded shall apply. The latest version of the conditions can be retrieved at https://www.nicolasunger.com/en/general-business-terms/, can be downloaded and saved free of charge and/or printed out.
2. Conclusion of a contract
By sending the completed order form (button “Send order”) the customer shall make a binding offer to purchase the goods/services towards the Seller.
The Seller shall immediately confirm receipt of the order by email and shall also transmit the available consumer information as well as the General Terms and Conditions (https://www.nicolasunger.com/en/general-business-terms/) to the customer in textual form. This automatically sent confirmation of receipt shall only serve for the customer’s information and shall not constitute a binding acceptance of the order by the Seller.
The legally binding acceptance of the order will be effected afterwards either by the Seller’s sending a second email to the customer, by which the Seller expressly confirms the customer’s order of the goods / services and the conclusion of the contract, or by the Seller’s shipping the goods to the customer. Up to this point of time, the Seller shall be entitled to decline the order, e.g. if the goods are no longer available or if the price has changed.
3. Prices and terms of payment
(1) The prices applicable shall be the prices as indicated at the point of time of the order, as displayed together with the respective goods / services and in the shopping cart later on. All prices stated are gross prices inclusive of VAT. Additional shipping charges and other ancillary costs can always be found on the price information page (link) and will be shown to the customer again before the completion of the order process.
(2) The Seller will supply the goods to its customers on advance payment (by bank transfer, payment per Paypal or AmazonPayments).
(3) If advance payment has been agreed upon, payment shall be due not later than 5 days after the conclusion of the contract.
(4) The Seller shall always issue an invoice to the customer. A hardcopy of this invoice will be given to the customer upon the delivery of the goods or the invoice will be sent to the customer in another textual form.
4. Return costs in case of order cancellation
Should the customer cancel the order, the customer shall bear the regular costs of the return shipment if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of € 40.00, or if, in case of a higher price of the goods, the customer has not executed the consideration or made a partial payment as agreed under the contract at the time of cancellation. Otherwise, the return of goods shall be free of charge for the customer.
5. Delivery, passing of risk, reservation of title
(1) The Seller shall deliver the goods to the customer’s delivery address stated in the order. Goods which the Seller holds in stock will be shipped within 3 working days from the date of the order. Should the Seller not have the goods ordered in stock, the estimated delivery time will be indicated in the online shop.
(2) The goods shall be delivered at the Seller’s risk. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon the customer’s taking receipt of the goods.
(3) Until payment has been made in full the Seller shall retain title to the goods.
(4) Should the Seller despite adequate prior stocking be unable to deliver the goods in time or be unable to deliver the goods at all due to the Seller’s first supplier failing to deliver contrary to the terms of the agreement, the Seller shall inform the customer immediately. In case of delays in delivery, it is left to the customer’s discretion to either wait for the goods ordered or to cancel the order and/or to withdraw from the contract. If delivery becomes impossible, both parties shall be entitled to withdraw from the contract. In this case, the Seller shall refund any payments made by this time to the customer.
6. Rights of the customer in case of defects
(1) The Seller’s warranty is in accordance with the statutory provisions.
(2) The customer’s rights to subsequent performance, withdrawal from the contract or reduction of the purchase price in case of defects shall be governed by the statutory provisions. The provisions set forth in Section 7 shall apply to any damage claims in addition to performance or in lieu of performance.
(1) Irrespective of the limitations on liability set forth below, the Seller shall always be liable in case of malice or for damage resulting from loss of life, physical injury or injury to health, or for any claims asserted under the German Product Liability Act.
(2) The Seller shall not be liable for slightly negligent violation of its duties unless such violations concern essential duties under the contract. An essential duty under the contract is a duty forming a basis of the contract, which was decisive for the conclusion of the contract and on the fulfilment of which the CONTRACTING PARTY may rely.
(3) Where the Seller is also liable for slight negligence, the Seller’s liability shall be limited in its amount to typical, foreseeable damage.
(4) Where the Seller’s liability is excluded or limited, such exclusion or limitation shall also apply to the Seller’s legal representatives, employees and vicarious agents.
The customer shall not be entitled to set off claims unless the customer’s counterclaims have become res iudicata or are undisputed.
9. Cancellation policy=================================
Right of cancellation
You can cancel your purchase agreement in textual form (e.g. by letter, fax, email) within 14 days without stating the reasons, or, in case of the delivery of goods – if you have received the goods before the expiry of the cancellation period – by returning the goods. The cancellation period shall begin to run upon your receipt of this cancellation policy in textual form; however, in case of the delivery of goods it shall not begin to run until the your receipt of the goods (for repeated deliveries of the same kind of goods not until receipt of the first partial delivery); if services are provided, not until the conclusion of the contract and in all cases not until we have fulfilled our duty to inform pursuant to Article 246 Section 2 in connection with Section 1 Sections 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) and our duties pursuant to Section 312g Subs. 1 Clause 1 of the German Civil Code (BGB) in connection with Article 246 Section 3 of the Introductory Law to the German Civil Code. Your timely sending the cancellation notice or timely return of the goods shall be sufficient for compliance with the cancellation period. Cancellations shall be directed to:
Verlag Nicolas Unger
Consequences of cancellations
In case of an effective cancellation, the parties shall restore what has been mutually received in performance of the contract and shall return any derived benefits (e.g. interest). Should you be unable to restore what you have received in performance of the contract and any derived benefits (e.g. benefits from use) either in full or in part or in a deteriorated state only, you will have to compensate us for the lost value. In case of services, this may lead to your having to fulfil your payment obligations under the contract nonetheless for the period until cancellation. In case of the supply of goods, you will have to compensate us for the lost value caused by the deterioration of the goods and for derived benefits only if the benefits or the deterioration can be attributed to your handling of the goods in a manner which exceeds the inspection of the quality and the function. “Inspection of the quality and the function” means testing and trying out the respective goods in the manner possible and usual in a shop.
Goods that are consignable by parcel post shall be returned at our risk. You shall bear the regular costs of the return shipment if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of € 40.00, or if, in case of a higher price of the goods, you have not executed the consideration or made a partial payment agreed under the contract at the time of cancellation. In all other cases, the return of goods shall be free of charge for you. Goods that are not consignable by parcel post will be picked up at your address.
Obligations to refund payments shall be fulfilled within 30 days. For you, the period shall begin to run upon your sending us your notice of cancellation or your return of the goods; for us, it shall begin to run upon our receipt of the returned goods from you.
In case of the provision of services, your right to cancellation will expire prematurely if both parties have completely performed the contract at your express request before you have exercised your right to cancellation.
End of the cancellation policy ===========================
The right to cancellation shall not apply to distance contracts
– relating to goods produced to the customer’s specifications
– clearly tailored to the customer’s personal needs
– which due to their nature are not suitable for return, or
– relating to the supply of audio or video recordings or to software if the consumer has broken the seal of the data carriers supplied.
(1) For the operation of its online shop and for the acceptance and processing of orders including delivery, invoicing and monitoring of payments, the Seller collects and uses its customers’ personal data as well as partly pseudonymised and anonymised customer data. In all these transactions, the Seller strictly complies with all data protection laws applicable in Germany, including but not limited to the German Federal Data Protection Act and the German Telemedia Act.
(2) The Seller’s collection and use of such data exclusively serves for proper function and interactive communication with the customer as well as for the control and processing of the order transactions initiated and the purchases made by the customer.
(3) The customer’s communication of personal data, e.g. when the customer enters his/her order, is voluntary and limited to the extent necessary for the acceptance and processing of the business transaction. The use and transmission, if any, of the data to carefully monitored companies (shipping, payment, encashment) are carried out exclusively for the performance of the contract with the customer. There will be no use of the data or transmission of data to third parties beyond this purpose.
(4) For the purposes of advertising, market research or the design of the telemedia in line with demand, the Seller shall be allowed to create use profiles when pseudonyms are used, unless the customer objects to this. The Seller shall ensure that such use profiles will not be merged with data relating to the customer concerned. The customer shall be entitled to object to such use of his/her use data at any time.
(6) At any time and free of charge the customer may request information about his/her personal data stored and, if required, the correction, blocking or deletion of these data.
(7) The office responsible as defined by the German Data Protection Law is the Seller’s office which can be reached by post, by facsimile or by email at the following address:
Verlag Nicolas Unger
Fax no.: +49 (0) 3212-1241714
Email address: firstname.lastname@example.org
All requests relating to information, correction, blocking, deletion and the objection to the utilization of pseudonymised use data, the revocation of any consent given with regard to data collection, use or processing are to be directed to this office.
(8) For the acquisition of data relating to the use and assessment of our website, we use the web analytics service Google Analytics as follows:
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called cookies, i.e. text files that are stored on your computer and that allow the analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is sent to a server operated by Google in the USA and stored there. Google will use this information to evaluate your browsing activities, to compile reports of your browsing activities for the website operators and to provide further services in connection with the use of the website and the Internet. If necessary, Google will also send this information to third parties should this be required by law or to the extent third parties process these data on behalf of Google. In no event will Google establish a connection between your IP address and other Google data. You can prevent the installation of cookies by adjusting your browser software accordingly. However, we would like to point out that you may not be able to fully use all functions of this website if you disable cookies. By using this website, you agree to Google’s processing the data collected about you in the manner described above and for the purpose stated above.
11. Final provisions
(1) The contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention. This choice of law shall not affect the application of mandatory standards in the country in which the customer has his/her permanent residence at the time of the conclusion of the contract.
(2) Should one or several provisions contained in these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid or unenforceable provision by a valid provision coming closest to the economic and legal purpose of what the parties had intended by the original provision. This shall also apply to any gaps in the contract.
As of February 15, 2016, the EU Commission prepared a platform for extrajudicial dispute resolution. This gives consumers the opportunity to settle disputes related to their online order first without the intervention of a judge. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr.