Terms and Conditions and Customer Information
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 (NiKa GbR) via the website https://nikacards.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. 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 entering into a legal transaction.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to you 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" button or "Proceed to order" (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or 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 entry of your data there. Finally, the order data will be displayed to you as an order overview 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 opportunity to review the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order.
(4) Your requests for an offer are non-binding for you. We will submit a binding offer to you 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 partly automated via 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 Contract Duration / Termination of Subscription Contracts
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter period is regulated in the respective offer).
(3) The right to terminate for good cause without notice remains unaffected.
(4) Any termination must be declared and submitted either in text form (e.g. e-mail) or via the termination button integrated on our website ("Terminate contracts here" or similar designation).
§ 4 Special Agreements on Offered Payment Methods
(1) Creditworthiness check
If we make advance payments, e.g. for payment by invoice or direct debit, your data will be transmitted to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, for the purpose of creditworthiness checks based on mathematical-statistical procedures, in order to protect our legitimate interests. We reserve the right to refuse the payment method by invoice or direct debit as a result of the creditworthiness check.
(2) 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 made to Klarna in each case:
Further information on Klarna as well as 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 and https://www.klarna.com/de/.
(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply to these, you will be informed separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(4) Payment via "Mollie"
If you choose a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a corresponding button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment conditions apply, you will be separately informed about them. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Right of Retention, Reservation of Title
(1) You may 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.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transfer of ownership as security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is at our discretion.
§ 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 any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies deviating from the aforementioned warranty regulations:
a) Only our own statements and the manufacturer's product description are considered agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by rectification or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 7 Choice of Law
(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 favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
NiKa GbR
Söllenthiner Str. 6
19339 Plattenburg
Germany
Phone: +49 38787 179813
Email: kontakt@nikacards.de
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of the Contract Text
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 electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the form 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 submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf .
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled 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 has been promised.
6.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.4. 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 labeled 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 delivery 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.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
9. Contract Term / Termination
Information on the term of the contract and the termination conditions can be found in the "Contract Term / Termination for Subscription Contracts" regulation in our General Terms and Conditions (Part I) and in the respective offer.
These General Terms and Conditions and customer information have been created by 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 .
last updated: 22.10.2024
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 (NiKa GbR) via the website https://nikacards.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. 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 entering into a legal transaction.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to you 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" button or "Proceed to order" (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or 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 entry of your data there. Finally, the order data will be displayed to you as an order overview 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 opportunity to review the information in the order overview 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 with costs", "pay" / "pay now" or similar designation), you legally declare acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated via 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 Contract Duration / Termination of Subscription Contracts
(1) The subscription contract concluded between you and us has the term indicated in the respective offer, hereinafter referred to as "initial term". An initial term of more than 2 years cannot be agreed upon.
(2) If the subscription contract is not terminated by one of the parties one month before the expiry of the initial term (unless a shorter period is regulated in the respective offer), it will be tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter period is regulated in the respective offer).
(4) Any termination must be declared and submitted either in text form (e.g. e-mail) or via the termination button integrated on our website ("Terminate contracts here" or similar designation).
§ 4 Special Agreements on Offered Payment Methods
(1) Creditworthiness check
If we make advance payments, e.g. for payment by invoice or direct debit, your data will be transmitted to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, for the purpose of creditworthiness checks based on mathematical-statistical procedures, in order to protect our legitimate interests. We reserve the right to refuse the payment method by invoice or direct debit as a result of the creditworthiness check.
(2) 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 made to Klarna in each case:
- 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; the terms for the option to extend the payment due date can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
- Installment purchase ("Financing"): Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms for the payment option "Pay in 3 installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
- Direct debit ("Pay Now")
Further information on Klarna as well as 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 and https://www.klarna.com/de/.
(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply to these, you will be informed separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(4) Payment via "Mollie"
If a payment method offered via "Mollie" is selected, payment processing is handled by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "Mollie" may use other payment services; if special payment conditions apply to these, you will be informed separately. Further information on "Mollie" can be found at https://www.mollie.com/de.
(5) Payment via "Shopify Payments"If you choose a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a corresponding button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment conditions apply, you will be separately informed about them. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Right of Retention, Reservation of Title
(1) You may 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.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transfer of ownership as security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is at our discretion.
§ 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 any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies deviating from the aforementioned warranty regulations:
a) Only our own statements and the manufacturer's product description are considered agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by rectification or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 7 Choice of Law
(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 favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
NiKa GbR
Söllenthiner Str. 6
19339 Plattenburg
Germany
Phone: +49 38787 179813
Email: kontakt@nikacards.de
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of the Contract Text
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 electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the form 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 submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled 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 has been promised.
6.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.4. 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 labeled 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 delivery 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.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
9. Contract Term / Termination
Information on the term of the contract and the termination conditions can be found in the "Contract Term / Termination for Subscription Contracts" regulation in our General Terms and Conditions (Part I) and in the respective offer.
These General Terms and Conditions and customer information have been created by 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/
last updated: 22.10.2024
