General Terms & Conditions
1. Scope and provider
1.1 These general terms and conditions apply to all orders that you place in our online shop.
Neko Diane GmbH
Commercial register: District court Bad Homburg HRB 14613
represented by the managing partner: Neko Diane GmbH
represented by your managing director: Diane Zorbach
Commercial register: District court Bad Homburg HRB 14613
Tax number: 003/240/12017
Responsible according to § 55 RStV: Diane Zorbach, Niederurselerstr. 5, 61440 Oberursel
Telephone: +49 176 632 88 234 (call costs at local rate, mobile phone price may vary)
1.2 The range of goods on www.nekoknit.com is aimed exclusively at buyers who have reached the age of 18
1.3 Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies and therefore also to all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions, ours Contradict general terms and conditions, is already contradicted.
1.4 The contract language is exclusively German.
2.1 The presentation of goods on www.nekoknit.com does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2.2 By clicking the button 'buy now' you submit a binding purchase offer (§145 BGB).
2.3 After receipt of the offer by us you will receive an automatically generated e-mail confirming receipt of the order and listing its details. This order confirmation does not yet constitute acceptance of the offer. A contract does not yet come about through the receipt confirmation.
2.4 A purchase contract for the goods only comes into existence if we expressly declare acceptance of the purchase offer or if we send the goods to you without a prior express declaration of acceptance.
2.5 We save the text of the contract / order and send you the order data by email. You can also call up and print out the general terms and conditions in our online shop at any time.
3.1 Prices for Germany and Europe. The prices stated in the online shop are final prices, including VAT, but excluding delivery and shipping costs. The prices listed at the time of the order apply. All prices are in euros (EUR).
3.2 The prices for USA are given in US dollars (US $).
3.3 The prices for Canada are given in Canadian dollars (CAD).
4. Terms of payment
4.1 Payment for the goods is made either by
• Payment in advance
4.2 advance payment
With the payment method prepayment you make advance payment. The goods will be reserved for you for three days. As soon as your order has been checked and processed, you will receive a separate email from us with the prepayment invoice and our account details.
If the customer selects the PayPal payment method, he must enter his email address and password at the end of the order process in the PayPal input screen. The amount of the payment, including the shipping costs, will be credited to our account immediately. We will dispatch if we have the payment confirmation from PayPal.
4.4 We reserve the right not to offer certain payment methods and to refer to other payment methods with each order.
4.5 There is no possibility of a cash discount deduction.
4.6 Under no circumstances do we assume the cost of a money transaction from abroad.
4.7 All data that you provide us with in the course of the order will be transmitted encrypted.
4.8 If there are additional costs for the shipment due to incorrect data or failure to update the data or insufficiently covered accounts, e.g. new shipping costs, you will have to bear these costs insofar as you are responsible for these additional costs .
4.9 Retention of title: The goods remain our property until the purchase price has been paid in full.
5. Offsetting / right of retention
5.1 You only have the right to offset if your counterclaim has been legally established or is not disputed by us.
5.2 You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6. Delivery / shipping costs
6.1 Unless otherwise agreed, the goods are delivered from our warehouse to the address you specified.
6.2 Delivery within Germany DE:
6.2.1 Delivery is made with DHL. The shipping costs can be viewed on the website under 'Shipping'. We reserve the right to change the shipping costs.
6.2.2 The delivery time is 1-7 working days and will be delivered Monday to Saturday.
6.3 Delivery abroad: EU, USA, Canada:
6.3.1 The delivery is made with DHL. The delivery time is up to 20 working days and will be delivered Monday to Friday.
6.3.2 Delivery to EU countries: The shipping costs can be viewed on the website under 'Versand' / 'shipping'. We reserve the right to change the shipping costs.
6.3.3 Delivery to the USA: The shipping costs can be viewed on the website under 'Shipping' / 'shipping'. We reserve the right to change the shipping costs.
6.3.4 Delivery to Canada: The shipping costs can be viewed on the website under 'Versand' / 'shipping'. We reserve the right to change the shipping costs.
6.3.5 The customer = importer = consignee (outside the EU) has to clear the goods in his country and, if necessary, pay the applicable import sales taxes applicable in his country. Neko Diane GmbH is not responsible for the customs clearance and fees of the customer = importer = The recipient of the goods is responsible and cannot be held liable. The prices on the Neko Diane GmbH invoice only refer to the product prices from Germany. These product prices do not include customs fees and import sales taxes. Neko Diane GmbH fills out the customs declaration with the total value of the delivery.
7. Cancellation Policy
Right of Withdrawal
Consumers have a right of withdrawal in accordance with the following stipulation, whereby consumers are every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving a reason. 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 or . Has.
In order to exercise your right of withdrawal, you have to give us (Neko Diane GmbH, Niederurselerstr. 5, 61440 Oberursel, mobile: +49 17663288234, email: firstname.lastname@example.org) a clear statement (e.g. a letter sent by post or e-mail) about your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of withdrawal
If you cancel this contract, we will have all payments that we have received from you, including delivery costs (except for the additional costs that result from the fact that you have a different type of delivery than the cheapest standard delivery we offer have to be repaid immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with you. Under no circumstances will you be charged for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, depending on which is the earlier point in time. You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us of the cancellation of this contract to Neko Diane GmbH, Niedersurselerstr. 5, 61440 Oberursel to be returned or handed over. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs 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 that is not necessary for checking the nature, properties and functionality of the goods. End of revocation
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not exist for contracts
• for the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to personal needs;
• for the delivery of newspapers, magazines or magazines with the exception of subscription contracts;
We are legally obliged to provide you with the following sample withdrawal form to exercise your statutory right of withdrawal. However, you are not obliged to use this, but can also make your purchase by another clear notification by email, letter or Revoke phone call.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Neko Diane GmbH
Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) _______ / received on (*) _______
First name Name _________________________
House no. __________________________
Postcode / town ________________________________
Date, signature ______________________
(only for notification on paper)
(*) Delete where inapplicable.
8. Transport damage
8.1 If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
8.2 Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the freight driver or the transport insurance.
Unless otherwise expressly agreed, the statutory warranty provisions apply (§§ 433 ff. BGB).
10.1 If possible, your return or return of the goods should be addressed in the original packaging to: Neko Diane GmbH, Niederurselerstrasse 5, 61440 Oberursel.
10.2 In the event of cancellation of your order, you will have to bear the immediate costs of returning the goods. We will reimburse you for all payments that we have received from you, including the costs of the cheapest standard delivery (with the exception of the additional service fees for e.g. . Cash on delivery or express delivery). The regulations described in the right of cancellation apply.
10.3 For repayments, we use the same form of payment that you used in the original transaction.
11. Limitation of Liability
11.1 Liability is excluded for damage that occurs to legal property other than life, body or health, unless the damage is based on willful or grossly negligent behavior on our part, one of our legal representatives or one of our vicarious agents and the behavior does not violate essential contractual obligations. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you can regularly rely.
11.2 This exclusion of liability does not apply insofar as claims under the Product Liability Act are concerned, a defect has been maliciously concealed or a quality guarantee has been assumed.
11.3 The pictures that are used to describe the goods are sample photos. These do not always represent the article true to life, but serve for illustration. Depending on the screen used, colors and sizes in particular can be displayed differently. The description is authoritative of the respective article.
11.4 Some articles contain warnings and safety notices that must be observed accordingly.
12. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu / consumers / odr / . We would like to point out that we do not participate in a dispute settlement procedure before a consumer arbitration board and are not obliged to do so. Please simply contact our service team by e-mail (email@example.com) or by phone on +49 176 632 88 234. We will try to solve the problem Participation in extrajudicial dispute resolution proceedings before consumer arbitration boards has been decided and is not legally obliged to participate.We are convinced that we will make justified complaints in direct contact with you and to you can fix our satisfaction and will reach an agreement with you.
13. Final provisions / other
13.1 Should one or more provisions of these terms and conditions be or become ineffective, the effectiveness of the other provisions will not be affected.
13.2 The place of jurisdiction for all disputes arising from the contractual relationship is the customer's registered office; if the customer is a merchant, a legal entity under public law or a special fund, the place of jurisdiction is Bad Homburg.
13.3 Data protection regulations: Please also note our data protection regulations .