Terms and Conditions

 

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Nesmuk Manufaktur GmbH & Co. KG) via the website www.nesmuk.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

(2) For the purposes of the following regulations, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods.

(2) Already by placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" (or similar designation) button and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be led to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order summary again, change it (also via the "back" function of the internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Our specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the costs of the necessary legal representation in this context.

(3) We do not check the transmitted data for content accuracy and do not assume any liability for errors in this respect.

§ 4 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is always made to Klarna:

- Invoice ("Pay Later"): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice); the terms and conditions for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension). 

- Sofortüberweisung ("Pay Now") The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit assessment within the framework of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information on Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user) and https://www.klarna.com/de/ (https://www.klarna.com/de/).

(2) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "Stripe" may use other payment services; if special payment conditions apply to these, you will be informed of them separately. Further information on "Stripe" can be found at https://stripe.com/de (https://stripe.com/de).

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Warranty

(1) Statutory liability rights for defects exist.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us before submitting the declaration of contract and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, unless you are a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to also appeal to a court in another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

 


II. Customer Information

1. Identity of the seller

Nesmuk Manufaktur GmbH & Co. KG
Burgstraße 101
42655 Solingen
Germany
Phone: +4921223573215
Email: paetzold@nesmuk.com


We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of conduct

4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment modalities

6.1. The prices quoted in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping is promised.

6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear.

6.4. Costs incurred for money transfers (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

8. Statutory liability for defects

The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I.).

These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

Last updated: 22.10.2024



9. Special sales promotions – Champagne gift

  1. Delivery area
    We deliver exclusively to delivery addresses within the European Union. Deliveries to Switzerland and the United Kingdom (UK) are excluded.

  2. Only persons who have reached the age of 18 are eligible to participate.

  3. A prerequisite for the gift is that at least one Nesmuk knife is in the shopping cart.

  4. The gift is in the form of a bottle of champagne, which is automatically added to the shopping cart.

  5. The offer is only valid while stocks last.

  6. A cash payout or credit of the goods value is excluded.

RIGHT OF WITHDRAWAL

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us ( Nesmuk Manufaktur GmbH & CO KG | Burgstraße 101 | 42655 Solingen | office@nesmuk.com | 0212 235732-29 ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, properties and functioning of the goods.

END OF RIGHT OF WITHDRAWAL INSTRUCTION