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.
- NekoDiane GmbH
- Niederurselerstr. 5
- 61440 Oberursel
Commercial register: District court Bad Homburg HRB 14613
Represented by the managing partner: NekoDiane 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)
- E-Mail: firstname.lastname@example.org
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 that contradict our general terms and conditions is already contradicted.
1.4 The contract language is exclusively german
2. Conclusion of contract
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 sho.
2.2 By clicking the 'buy now' button you are making a binding purchase offer (§145 BGB).
2.3 After we have received the offer, 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 come into being through the confirmation of receipt.
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 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 at any time in our online shop.
3.1 Prices for Germany and Europe. The prices given in the online shop are final prices, including VAT, but plus delivery and shipping costs. The prices listed at the time of the order apply. All prices are given in euros (EUR).
3.2 The prices for the USA are given in US dollars (US $).
3.3 The prices for the United Kingdom are given in euros (€).
3.4 The prices for Austria are given in euros (€).
3.5 The prices for Switzerland are given in Swiss Francs (CHF).
3.6 The prices for Russia are given in euros (€).
3.7 Canada prices are quoted in Canadian dollars (CAD).
4. Terms of payment
4.1 The payment of the goods takes place alternatively by
- Payment in advance
4.2 Payment in advance
With the payment method prepayment you make advance payment. The goods will be reserved for you for three days.
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 mask shown. The payment amount incurred as part of the order, including the shipping costs incurred, will be credited to our account immediately. We will dispatch if we have received payment confirmation from PayPal.
4.4 With every order we reserve the right not to offer certain payment methods and to refer to other payment methods.
4.5 There is no possibility for cash discount deduction.
4.6 Under no circumstances do we assume the cost of a money transaction from abroad.
4.7 Should there be additional shipping costs due to incorrect data or failure to update the data or insufficiently covered accounts, e.g. If, for example, new shipping costs are incurred, you must bear these costs insofar as you are responsible for these additional costs.
4.8 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 are only entitled 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 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, United Kingdom, Áustria, Russia, Switzerland, USA, Canada:
6.3.1 Delivery is 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 United Kingdom: The shipping costs can be viewed on the website under 'Shipping'. We reserve the right to change the shipping costs.
6.3.4 Delivery to Switzerland: The shipping costs can be viewed on the website under 'Versand' / 'shipping'. We reserve the right to change the shipping costs.
6.3.5 Delivery to Austria: The shipping costs can be viewed on the website under 'Versand' / 'shipping'. We reserve the right to change the shipping costs.
6.3.6 Delivery to Russia: The shipping costs can be viewed on the website under 'Versand' / 'shipping'. We reserve the right to change the shipping costs.
6.3.7 Delivery to the USA: The shipping costs can be viewed on the website under 'Shipping'. We reserve the right to change the shipping costs.
6.3.8 Delivery to Canada: The shipping costs can be viewed on the website under 'Versand' / 'shipping'. We reserve the right to change the shipping costs.
6.3.9 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 = consignee 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 duties and import sales taxes. Neko Diane GmbH fills out the customs declaration with the total value of the delivery.
7. Right of withdrawal
Right of Withdrawal
Consumers have a right of withdrawal in accordance with the following stipulation, whereby consumers are any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity.
You have the right to cancel this contract within fourteen days without giving any 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.
In order to exercise your right of withdrawal, you must inform us (Neko Diane GmbH, Niederurselerstr. 5, 61440 Oberursel, mobile: +49 17663288234, email: email@example.com) by means of a clear statement (e.g. a mailed item Letter or email) of 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 right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we have made all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay 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 means of payment that you used in the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier. You have the goods immediately and in any event 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 of the goods 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 selection 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 for exercising your statutory right of withdrawal. However, you are not obliged to use it, but you can also cancel your purchase by another clear notification by email, letter or phone call.
Standard withdrawal form:
(If you want to cancel the contract, please fill out this form and send it back.)
Neko Diane GmbH
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 (*) _______
Vorname, 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, they help us to be able to assert our own claims against the freight driver or transport insurance.
Unless expressly agreed otherwise, 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, Niederurselerstr. 5, 61440 Oberursel.
10.2 If you cancel your order, you have to bear the direct 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 method of payment that you used for 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 any contractual obligations is. 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 disclaimer 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 used to describe the goods are sample photos. These do not always represent the article true to nature, but serve as an illustration. Depending on the screen used, colors and sizes in particular can be displayed differently. The description of the respective article is decisive.
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. Your satisfaction is important to us, so we are of course happy to help you with any complaints. Please simply send an email to our service team (firstname.lastname@example.org) or call us on +49 176 632 88 234. We will try to fix the problem. For cost reasons, in the interests of all customers, we decided against participating in extrajudicial dispute settlement procedures before consumer arbitration boards and are not legally obliged to participate. We are convinced that we can deal with justified complaints in good contact and to your satisfaction, and that we will reach an agreement with you.
13. Final provisions / other
13.1 Should one or more provisions of these general 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 public special fund, the place of jurisdiction is Bad Homburg.
13.3 Data protection regulations: Please also note our data protection regulations.