General Terms And Conditions
General Terms and Conditions of the onlineshop www.nipala.de
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the onlineshop www.nipala.de is: WSF fashion GmbH, Borsteler Chaussee 85-99, Haus 8, 22453 Hamburg, Germany, Phone: +49-(0)40-85192939, Fax: +49-(0)40-85192999, E-Mail: email@example.com (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the onlineshop for sale. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The vendor shall deliver the merchandise to destinations in Germany as well as to all other countries of the European Union, to Egypt, Andorra, Argentina, Australia, China, Israel, Japan, Canada, Mexico, Monaco, New Zealand, Philippines, San Marino, South Africa, Switzerland and the USA.
(4) Customers shall select the merchandise desired by placing it in their “Cart” by clicking on the button”In den Warenkorb” (“To cart”) and continuing his purchases or by finishing to select the merchandise by clicking the button “Weiter zum nächsten Schritt” (“Continue to the next step”). The order will be conclusively placed with the Vendor by clicking on the button “Zahlungspflichtig bestellen” (“Order now”). Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop by transmitting the order using the button “Zahlungspflichtig bestellen” (“Order now”) the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) For non-prefabricated goods, which are created on the individual request of the customer, the customer can send an e-mail to firstname.lastname@example.org stating the desired merchandise, desired number, name and address of delivery of the customer. The Vender then sends the customer an individual offer by e-mail. The Vendor shall be bound to its offer for a period of one week after sending the offer. The customer may accept the offer during this binding period by a confirmation in writing (for example by e-mail), whereby the sales contract is concluded. After the expiration of the binding period, incoming confirmations only lead to the conclusion of the contract if the supplier confirms the offer of the customer.
(7) The content of the contracts concluded is stored by the Vendor and is send to the customer with the contract confirmation. Furthermore there will not be any more storage of the content of the contract. The customer is adviced to store the e-mails of the vendor containing the offer and the contract confirmation for his own documentation and/or print a copy ot them.
(8) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. All prices include the aplicable statutory turnover tax (VAT).
(2) With the shipping provider DHL the shipping cost amount is 6,95 € for shipping within Germany, 15,- € for shipping to all other countries within the European Union, and 30,- € for shipping to countries outside the European Union. With DHL, the costs for shipping to Switzerland, Norway and Lichtenstein are 15,- Euro. Please note, with DHL additional costs of 20 € can occur when shipping to any country outside of the European Union. This is due to customs clearance.
With the shipping provider UPS the shipping cost amount is 6,95 € for shipping within Germany to sale partners, 23,- € for shipping to all other countries within the European Union, and 30,- € for shipping to countries outside the European Union. WIth UPS, the costs for shipping to Switzerland, Norway and Lichtenstein are 30,- Euro. Note, that UPS does not charge for customs clearance.
To all third countries outside Europe, we deliver with UPS. Price information will be provided upon request under the follwing e-mail adress email@example.com.
Deliveries outside the European Union may be subject to customs duties and import sales tax, which must be paid by the customer to the customs authorities upon receipt of product.
(3) Where deliveries are made outside the European Union, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accure in addition to the purchase price and the shipping costs; the vendor has no means of influencing them.
(4) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment by bank transfer or against pre-payment using PayPal under the following conditions:
(a) Where the customer has selected pre-payment by banktransfer as the form of payment, the Vendor’s bank account details will be provided in the contract confirmation. Exclusively SEPA transfers denominated in Euros shall be accepted for bank transfers from abroad. Any bank transfer has to be free of charge for the Vendor.
(b) For PayPal payments, the customer will – after conclusion of the contract – be forwarded to the website of the PayPal S.a.r.l., from where payment can be made by entering the customer‘s PayPal details.
(5) As far as there are listed additional payment methods in the product description's „Pay“ section (e.g. credit card, Sofortüberweisung) those payments will be handled by the payment services provider heidelpay (heidelpay GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany, www.heidelpay.com).
(6) For payments using a gift voucher code, the customer may enter a voucher code when placing the order. The voucher value will be credited to the vendor, and in this way the invoice amount will have been paid for. If a voucher value is higher than the invoice amount, the customer will receive a new voucher in the amount of the excess amount to the address specified in the order by e-mail. The credit out of vouche will neither be paid out in cash nore will it bear interest. A voucher is transferable. The customer can only use one gift voucher per purchase. A subsequent offsetting is not possible. Further conditions are defined on the voucher.
(7) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
(8) The Vendor reserves the right to offer the customer in individual cases the payment method "Invoice". In this case, the purchase price is due after receipt of the merchandise and the corresponding invoice and is payable within 7 (seven) days from receipt of the invoice without deduction by bank transfer, unless otherwise agreed.
Section 4 – Shipment, delivery periods
(1) The Vendor shall deliver the merchandise within 3-6 days after the payment is made.
(2) For products labeled as customasiable, the delivery period shall be extended by one Week in the case that the customer has requested the offered customisation.
(3) For deliveries to destinations outside Germany, a period of 6-15 business days, depending on the destination, has to be added to the respective domestic delivery time.
(4) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(5) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
(6) For a customer who buys as an entrepreneur, the risk of accidental loss and accidental deterioration of the merchandise sold passes over to the customer, as soon as the Vendor has delivered the merchandise to the forwarding agent, the carrier or, otherwise, for the execution of the sending certain person or institution.
Section 5 – Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The right of withdrawal shall not exist for contracts regarding the delivery of merchandise that is not prefabricated and is made according to the consumer's individual choice and specifications, or of merchandise that obviously is tailored to meet personal customer requirements.
(3) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Section 6 – Retention of title
Where the vendor in the case of payment by "invoice" delivers in advance, he reserves the right to retain the ownership of the delivered merchandise until the complete payment of the purchase price.
Section 7 – Warranty, defect liability
(1) All warranty claims (liability for defects) of the customer shall be governed by the statutory regulations.
(2) For a customer who buys as an entrepreneur, deviating from paragraph 1 the following applies:
(a) Only the vendor’s product description shall determine the agreed characteristics. Public statements, claims or advertisements by the vendor do not constitute contractually guaranteed characteristics of the merchandise.
(b) The customer is obliged to examine the merchandise without delay and to give notice to the vendor in writing within fourteen days after receipt of the merchandise of such defects as are obvious and recognisable by proper examination. The same notification period shall apply to latent defects or defects occurring at a later point in time, calculated from such defects' discovery. If the customer fails to meet the deadline for notification, he is not entitled to any claims regarding the defects concerned.
(c) The limitation period for defects is one year from delivery of the merchandise. This shortened warranty period does not apply to merchandise that has not been used in accordance with its normal use for a building and has caused its defectiveness, for damage resulting from injury to life, limb or health due to intentional or negligent breach of duty by the vendor or intentional or negligent breach of duty by a legal representative or vicarious agent of the vendor, or for other damages that are based on an intentional or grossly negligent breach of duty by the vendor or a willful or grossly negligent breach of duty of a legal representative or vicarious agent of the vendor, as well as in the case that the vendor has fraudulently concealed the defect.
Section 8 – Data Protection Policy
(1) The person responsible (“controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. The controller within the meaning of the GDPR for the personal data processed by the provider of this onlineshop is the Vendor (Section 1 paragraph 1).
Section 9 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in Hamburg (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(4) The vendor is not obliged nor committed to use alternative dispute entities to resolve disputes with consumers.