General terms and conditions of business
General Terms and Conditions - “Robert Nippoldt Shop”
(As of March 1, 2024)
1. Scope; contract language; Definitions
1.1 These General Terms and Conditions (hereinafter: General Terms and Conditions) apply to all orders that you place in the Robert Nippoldt online shop (owner: Robert Nippoldt). Our deliveries, services and offers are carried out exclusively on the basis of these General Terms and Conditions. Terms and conditions that deviate from these General Terms and Conditions do not apply. Counter-confirmations with reference to your own terms and conditions of business and/or purchasing are expressly contradicted; these do not become part of any agreements unless the conditions are confirmed in writing.
1.2 The language available for concluding the contract is German.
1.3 “Consumer” within the meaning of these General Terms and Conditions is any customer who concludes the contract as a natural person for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.
1.4 “Entrepreneur” within the meaning of these General Terms and Conditions is any customer who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.
2. Conclusion of contract
2.1 The presentation of the products in the online shop does not constitute a binding offer to conclude a contract. Rather, it is a non-binding invitation to order products in the online shop.
2.2 The products you selected using the “Add to shopping cart” button will be summarized again in an order overview at the end of the ordering process. Here you can check, supplement or correct all information provided during the ordering process by using the correction aids provided and explained in the ordering process.
2.3 By clicking on the “Buy” button, you submit your order details and declare to us the legally binding offer to purchase the products contained in the shopping cart of the online shop.
2.4 Once acceptance has been received, you will receive an order confirmation by email which will re-list the details of your order. A contract is not concluded with this confirmation.
2.5 A purchase contract for the product is only concluded when we expressly declare acceptance or when we ship the product to you - without a prior express declaration of acceptance.
3. Offsetting; Right of retention
You are only entitled to offset and exercise a right of retention with regard to undisputed or legally established counterclaims. A right of retention is only permissible with claims arising from the respective contractual relationship itself.
4. Delivery conditions
4.1 We only deliver via shipping. Unless otherwise agreed, delivery will be made from the warehouse to your private address or to the delivery address you provided. It is not possible to collect the goods yourself. We do not deliver to packing stations.
4.2 When products are imported into countries outside of Germany, import duties may apply, which you must bear. These vary in the respective customs areas. You are responsible for properly remitting necessary duties and fees.
5. Prices; payment terms; Late payment
5.1 The prices stated in the online shop are final prices including sales tax. In addition to the stated product prices, there are shipping costs. You can find out more about the shipping costs in the shopping cart of the online shop before completing the ordering process.
5.2 The following payment methods are generally available to you in the online shop:
PayPal:
You can pay with us safely and easily via PayPal (PayPal (Europe), S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg). During the ordering process you will be redirected directly to PayPal. Your payment will be credited directly to us, allowing us to process your order directly. If you return the ordered product, we will credit the amount already paid to your PayPal account. There are no fees for paying via PayPal. Further information about this payment method can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE .
Instant bank transfer:
If you select the Sofort Banking payment method, you will be redirected to the website of the online provider Sofort GmbH (Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany) after completing the ordering process. In order to be able to pay the invoice amount via “Sofort”, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in “Sofort”, identify yourself accordingly and confirm the payment instruction to us. The payment transaction is carried out immediately after the ordering process by “Sofort”. Your account will then be debited. There are no additional fees for you if you choose this payment method. Further information about “Sofort Transfer” is available at https://www.klarna.com/sofort/ .
Credit card:
You can also pay with a credit card via our PCI Level 1 certified service provider Stripe (Stripe Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, USA). After you have selected the credit card payment method, you will be asked for the data required for this payment method. Your data is transmitted via an encrypted connection and we do not store your credit card details in our systems. After payment confirmation, we will process your order directly. There are no additional fees for you if you choose this transaction. Further information about this payment method is available at https://stripe.com/de/privacy.
5.3 If you are in default of payment, we are entitled to charge default interest of 5 percentage points above the base interest rate per annum announced by the European Central Bank per annum to consumers (see section 1.3) and 9 percentage points above the base interest rate per annum announced by the European Central Bank entrepreneurs (see section 1.4). We can also charge a flat rate of EUR 2.50 per reminder, with the exception of the first reminder. If it can be proven that we have incurred higher damages due to the delay, we are entitled to claim this.
6. Retention of title
The product remains our property until the purchase price has been paid in full.
7. Transport damage; Investigation obligations
If you are a consumer (see section 1.3) and products are delivered to you with obvious transport damage, you must immediately complain about such errors to the supplier and contact us immediately. If you are considered a consumer (see Section 1.3), failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular for your warranty rights.
8. Warranty
8.1 Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB).
8.2 If you are a consumer (see section 1.3), the limitation period for warranty claims for used items is - contrary to the statutory provisions - one year. This limitation does not apply to claims due to damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. In addition, the statutory provisions apply to the warranty.
8.3. For entrepreneurs (see section 1.4) the legal provisions apply with the following modifications:
You are obliged to inspect the product immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the product. Deadline is sufficient for the timely dispatch. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
In the event of defects, we will, at our own discretion, provide a guarantee through repair or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from moving the product to a location other than the place of performance if the delivery does not correspond to the intended use of the product.
If supplementary performance fails twice, you can choose to demand a reduction or withdraw from the contract.
The warranty period is one year from delivery of the product.
9. Liability
9.1 We are not liable for your damages in accordance with the statutory provisions if the damages were caused intentionally or through gross negligence, they are the result of the non-existence of a guaranteed quality of the service, they are based on a culpable violation of essential contractual obligations (see Section 9.2), they the are the result of a culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act. However, in the event of a merely negligent breach of an essential contractual obligation (see Section 9.2), our liability is limited to damages that are typically and foreseeably expected to arise in the context of providing the agreed services. This limitation does not apply if damage is the result of injury to health, body or life.
9.2 Essential contractual obligations are those contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, and whose violation, on the other hand, endangers the achievement of the purpose of the contract.
9.3 Otherwise, our liability is excluded regardless of the legal basis.
10. No granting of rights of use
By purchasing the product, you only acquire physical ownership of the product. No other usage rights to the product are granted. Any reproduction (duplication), distribution, rental, making publicly available or other analog or digital use of the purchased product is not permitted unless this is permitted by law. However, you are permitted to resell the purchased product.
11. Right of withdrawal
If you conclude the purchase contract as a consumer (see section 1.3), you have a statutory right of cancellation, for which the “cancellation instructions” set out in the appendix “cancellation instructions and sample cancellation form” apply.
Robert Nippoldt points out that there is no right of withdrawal for works with a presentation freely chosen by the customer, as the works created are made individually according to your specifications. For individual products, a right of withdrawal according to Section 312 g Paragraph 2 No. 1 BGB is excluded.
12. Data Protection
For the purpose of fulfilling and processing the purchase contract with you, we collect, process and use your personal data. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment processes. Further information on data processing and data protection can be found in our data protection declaration.
13. Final provisions
13.1 Should one or more provisions of these General Terms and Conditions be or become ineffective, this will not affect the effectiveness of the remaining provisions.
13.2 The law of the Federal Republic of Germany applies exclusively to the contractual relationship with you. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you have concluded the contract as a consumer (see section 1.3), the mandatory consumer protection regulations that apply in the country in which you have your habitual residence also apply, provided that these provide you with further protection.
13.3 If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship is Berlin.
14. Information on online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which the customer can access at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Appendix “Cancellation instructions and sample cancellation form”
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us (Robert Nipplodt, Hafenstraße 64, Ateliers, Haus 1, 48153 Münster Email: shop@RobertNippoldt.com) by means of a clear statement (e.g. a letter sent by post, fax or email ) about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- At
Robert Nippoldt
Hafenstrasse 64
Ateliers, house 1
48153 Münster
Email: shop@nippoldt.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Reason for cancellation
- Signature of the consumer(s) (only for paper notification)
- Date
___________
(*) Delete what is not applicable.
(As of March 1, 2024)
1. Scope; contract language; Definitions
1.1 These General Terms and Conditions (hereinafter: General Terms and Conditions) apply to all orders that you place in the Robert Nippoldt online shop (owner: Robert Nippoldt). Our deliveries, services and offers are carried out exclusively on the basis of these General Terms and Conditions. Terms and conditions that deviate from these General Terms and Conditions do not apply. Counter-confirmations with reference to your own terms and conditions of business and/or purchasing are expressly contradicted; these do not become part of any agreements unless the conditions are confirmed in writing.
1.2 The language available for concluding the contract is German.
1.3 “Consumer” within the meaning of these General Terms and Conditions is any customer who concludes the contract as a natural person for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.
1.4 “Entrepreneur” within the meaning of these General Terms and Conditions is any customer who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.
2. Conclusion of contract
2.1 The presentation of the products in the online shop does not constitute a binding offer to conclude a contract. Rather, it is a non-binding invitation to order products in the online shop.
2.2 The products you selected using the “Add to shopping cart” button will be summarized again in an order overview at the end of the ordering process. Here you can check, supplement or correct all information provided during the ordering process by using the correction aids provided and explained in the ordering process.
2.3 By clicking on the “Buy” button, you submit your order details and declare to us the legally binding offer to purchase the products contained in the shopping cart of the online shop.
2.4 Once acceptance has been received, you will receive an order confirmation by email which will re-list the details of your order. A contract is not concluded with this confirmation.
2.5 A purchase contract for the product is only concluded when we expressly declare acceptance or when we ship the product to you - without a prior express declaration of acceptance.
3. Offsetting; Right of retention
You are only entitled to offset and exercise a right of retention with regard to undisputed or legally established counterclaims. A right of retention is only permissible with claims arising from the respective contractual relationship itself.
4. Delivery conditions
4.1 We only deliver via shipping. Unless otherwise agreed, delivery will be made from the warehouse to your private address or to the delivery address you provided. It is not possible to collect the goods yourself. We do not deliver to packing stations.
4.2 When products are imported into countries outside of Germany, import duties may apply, which you must bear. These vary in the respective customs areas. You are responsible for properly remitting necessary duties and fees.
5. Prices; payment terms; Late payment
5.1 The prices stated in the online shop are final prices including sales tax. In addition to the stated product prices, there are shipping costs. You can find out more about the shipping costs in the shopping cart of the online shop before completing the ordering process.
5.2 The following payment methods are generally available to you in the online shop:
PayPal:
You can pay with us safely and easily via PayPal (PayPal (Europe), S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg). During the ordering process you will be redirected directly to PayPal. Your payment will be credited directly to us, allowing us to process your order directly. If you return the ordered product, we will credit the amount already paid to your PayPal account. There are no fees for paying via PayPal. Further information about this payment method can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE .
Instant bank transfer:
If you select the Sofort Banking payment method, you will be redirected to the website of the online provider Sofort GmbH (Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany) after completing the ordering process. In order to be able to pay the invoice amount via “Sofort”, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in “Sofort”, identify yourself accordingly and confirm the payment instruction to us. The payment transaction is carried out immediately after the ordering process by “Sofort”. Your account will then be debited. There are no additional fees for you if you choose this payment method. Further information about “Sofort Transfer” is available at https://www.klarna.com/sofort/ .
Credit card:
You can also pay with a credit card via our PCI Level 1 certified service provider Stripe (Stripe Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, USA). After you have selected the credit card payment method, you will be asked for the data required for this payment method. Your data is transmitted via an encrypted connection and we do not store your credit card details in our systems. After payment confirmation, we will process your order directly. There are no additional fees for you if you choose this transaction. Further information about this payment method is available at https://stripe.com/de/privacy.
5.3 If you are in default of payment, we are entitled to charge default interest of 5 percentage points above the base interest rate per annum announced by the European Central Bank per annum to consumers (see section 1.3) and 9 percentage points above the base interest rate per annum announced by the European Central Bank entrepreneurs (see section 1.4). We can also charge a flat rate of EUR 2.50 per reminder, with the exception of the first reminder. If it can be proven that we have incurred higher damages due to the delay, we are entitled to claim this.
6. Retention of title
The product remains our property until the purchase price has been paid in full.
7. Transport damage; Investigation obligations
If you are a consumer (see section 1.3) and products are delivered to you with obvious transport damage, you must immediately complain about such errors to the supplier and contact us immediately. If you are considered a consumer (see Section 1.3), failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular for your warranty rights.
8. Warranty
8.1 Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB).
8.2 If you are a consumer (see section 1.3), the limitation period for warranty claims for used items is - contrary to the statutory provisions - one year. This limitation does not apply to claims due to damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. In addition, the statutory provisions apply to the warranty.
8.3. For entrepreneurs (see section 1.4) the legal provisions apply with the following modifications:
You are obliged to inspect the product immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the product. Deadline is sufficient for the timely dispatch. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
In the event of defects, we will, at our own discretion, provide a guarantee through repair or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from moving the product to a location other than the place of performance if the delivery does not correspond to the intended use of the product.
If supplementary performance fails twice, you can choose to demand a reduction or withdraw from the contract.
The warranty period is one year from delivery of the product.
9. Liability
9.1 We are not liable for your damages in accordance with the statutory provisions if the damages were caused intentionally or through gross negligence, they are the result of the non-existence of a guaranteed quality of the service, they are based on a culpable violation of essential contractual obligations (see Section 9.2), they the are the result of a culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act. However, in the event of a merely negligent breach of an essential contractual obligation (see Section 9.2), our liability is limited to damages that are typically and foreseeably expected to arise in the context of providing the agreed services. This limitation does not apply if damage is the result of injury to health, body or life.
9.2 Essential contractual obligations are those contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, and whose violation, on the other hand, endangers the achievement of the purpose of the contract.
9.3 Otherwise, our liability is excluded regardless of the legal basis.
10. No granting of rights of use
By purchasing the product, you only acquire physical ownership of the product. No other usage rights to the product are granted. Any reproduction (duplication), distribution, rental, making publicly available or other analog or digital use of the purchased product is not permitted unless this is permitted by law. However, you are permitted to resell the purchased product.
11. Right of withdrawal
If you conclude the purchase contract as a consumer (see section 1.3), you have a statutory right of cancellation, for which the “cancellation instructions” set out in the appendix “cancellation instructions and sample cancellation form” apply.
Robert Nippoldt points out that there is no right of withdrawal for works with a presentation freely chosen by the customer, as the works created are made individually according to your specifications. For individual products, a right of withdrawal according to Section 312 g Paragraph 2 No. 1 BGB is excluded.
12. Data Protection
For the purpose of fulfilling and processing the purchase contract with you, we collect, process and use your personal data. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment processes. Further information on data processing and data protection can be found in our data protection declaration.
13. Final provisions
13.1 Should one or more provisions of these General Terms and Conditions be or become ineffective, this will not affect the effectiveness of the remaining provisions.
13.2 The law of the Federal Republic of Germany applies exclusively to the contractual relationship with you. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you have concluded the contract as a consumer (see section 1.3), the mandatory consumer protection regulations that apply in the country in which you have your habitual residence also apply, provided that these provide you with further protection.
13.3 If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship is Berlin.
14. Information on online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which the customer can access at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Appendix “Cancellation instructions and sample cancellation form”
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us (Robert Nipplodt, Hafenstraße 64, Ateliers, Haus 1, 48153 Münster Email: shop@RobertNippoldt.com) by means of a clear statement (e.g. a letter sent by post, fax or email ) about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- At
Robert Nippoldt
Hafenstrasse 64
Ateliers, house 1
48153 Münster
Email: shop@nippoldt.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Reason for cancellation
- Signature of the consumer(s) (only for paper notification)
- Date
___________
(*) Delete what is not applicable.