1. scope of application
The following General Terms and Conditions apply to all orders placed via our online shop.
2. contracting party, conclusion of contract
The purchase contract is concluded with Nesmuk GmbH & Co. KG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You may initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language available for the conclusion of the contract is German.
The contract text is not stored by us.
4. terms of delivery
In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers. We deliver only in the dispatch way. A self-collection of the product is unfortunately not possible. We do not deliver to packing stations.
6. retention of title
The goods remain our property until full payment has been made.
7. transport damages
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
8 Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. The limitation period for warranty claims for used goods is one year from delivery of the goods. The aforementioned restrictions and shortening of periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents:
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed or
- to the extent that the scope of application of the Product Liability Act has been opened up.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
For questions and complaints you can reach us on weekdays from 09:00 to 17:00 o'clock under the telephone number 0049 212 2357320 as well as by e-mail to office@nesmuk.de
9. liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation:
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act has been opened up.
In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. settlement of disputes
The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/ . We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.