Terms and conditions

§1 Scope of application

The commercial relationships between the company Gute Marken Online GmbH and consumers shall be governed exclusively by the following Terms and Conditions.

§2 Contractual partner and conclusion of contract

The purchase contract is concluded with Gute Marken Online GmbH, Christoph-Rapparini-Bogen 25 (3rd floor) DE-80639 Munich, CEO: Thomas Höß, commercial register: Munich district court, HRB 193880

Our customer service is available for questions, complaints and claims from Monday through Friday, 09:30-18:00 by telephone at +49 (0) 89 143 67 152 350, or by e-mail at kundenservice@shop.nicowa.com

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You may select our products and place them in the shopping cart without obligation. Before sending your binding order, you may correct your entries at any time using the correction tools provided and explained for this purpose in the ordering process. By using the „Buy now" button, you place a binding order for the goods placed in the shopping cart. You will then receive an automated e-mail as an order confirmation. With this e-mail the contract is concluded.

A binding contract can also be concluded beforehand as follows:

If you have chosen PayPal as payment method, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.

The language available for the conclusion of the contract is German.

We store the text of the contract and send you the order data and our terms and conditions by e-mail. You may also view the terms and conditions at any time on this page. For security reasons, your past orders are no longer accessible on the Internet.

§3 Prices and shipping costs

All prices stated on the product pages in the online store include the currently applicable value added tax and other price components.

Within Germany we have a minimum order value of 19,95 €, for international orders there is a minimum order value of 49,90 €. For deliveries within Germany there are no shipping costs, regardless of the size or weight of your order. Shipping costs for deliveries to other countries are € 5,95 or € 7,95 depending on the country, regardless of the size or weight of your order. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.

§4 Payment

During the ordering process, we accept payment by credit card (Visa/Mastercard), PayPal, Amazon Pay, purchase on account (creditworthiness required) and advance payment.

Credit card

We accept VISA and Mastercard credit cards. If you wish to pay with a credit card, please enter your name, the credit card number, the expiration date, and the security code when ordering. You may find the security code in the signature field on the back of the credit card. Since we do not story any credit card data, it is necessary to re-enter the credit card data for each order. The credit card authorization process takes place immediately upon the placement of your order; however, the payment transaction is not carried out and your credit card is not charged until the order is shipped.

PayPal

If you wish to pay by PayPal, please make sure to select the appropriate payment method during the order process. You will be automatically redirected to the PayPal website. Log in to PayPal with your e-mail address and password and follow their instructions. Once we have received the full invoice amount, your goods will be shipped.

Payment via Amazon Pay

If you own an Amazon account, you may easily pay for your online purchase at our store with Amazon Pay. Your bank account or credit card will be charged once the delivery of your order to your delivery address has been confirmed. Amazon does not provide us with any of the payment data stored in your Amazon customer account, and you do not need to re-enter this data when placing your order.

Payment in advance

If you prefer the option of paying in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

§5 Delivery

Unless otherwise agreed, deliveries are made from the logistics center of Gute Marken Online GmbH to the delivery address as specified by the customer. The delivery within Germany is carried out by the carrier DHL.

§6 Redeeming vouchers (voucher codes)

First put your desired items in the shopping cart. Already after the first step of the order process, you may find the entry box for vouchers/coupon codes in the shopping cart above the payment overview. Please enter the voucher code and confirm by clicking on the „redeem now" button. The voucher value is then automatically deducted from the total amount of the shopping cart.

The following general voucher conditions apply:

  • Only one voucher is redeemable per order.
  • It is not possible to combine more than one voucher at a time, especially vouchers from different voucher campaigns.
  • Vouchers can only be redeemed during the ordering process. A subsequent credit is unfortunately not possible.
  • The vouchers cannot be exchanged for cash.
  • The resale of vouchers is not permitted.

For promotional vouchers/coupon codes and all vouchers/coupon codes with a minimum purchase requirement, the following additional conditions apply:

  • Promotional vouchers have a minimum purchase requirement, which is always indicated on the voucher or together with the voucher code. A minimum purchase requirement („valid with a minimum purchase of …") means that a binding purchase contract must be concluded and executed for at least this amount – even after a possible exercise of your right of withdrawal. If, by exercising the right of withdrawal or by returning any of your purchased goods, the total purchase value of your order is reduced to an amount lower than the respective minimum purchase value, a redemption of this voucher/coupon code will not be possible for this purchase.

If the minimum purchase requirement of a voucher/coupon code with a lower minimum purchase requirement from the same coupon campaign is reached, this voucher will automatically be credited to your purchase. If the minimum purchase requirement of the smallest voucher value of the same campaign is not reached,

the total sum of the individual prices for the purchased items must be paid without deduction.

  • Promotional vouchers and voucher campaigns have a limited period of validity, which is indicated on the voucher or together with the coupon code. After the expiration of the promotional period, the voucher code can no longer be used. An extension is not possible.

For gift vouchers and other vouchers without a minimum purchase requirement, the following additional conditions apply:

    • If you exercise the right of cancellation for a purchase for which a gift voucher (code) or other voucher (code) without a minimum purchase requirement has been redeemed, you will receive a new voucher (code) in addition to a possible refund of any additional payments made for unused voucher amounts or partial voucher amounts. The new voucher (code) is subject to the same conditions as the original voucher (code).
    • Gift vouchers/gift voucher codes and other vouchers/gift voucher codes without a minimum purchase requirement have a limited period of validity, which is indicated on the voucher or together with the voucher code. After the expiration of the validity period, the voucher (code) may no longer be used. An extension is not possible.

§7 Conditions for promotional gifts / bonus items

First, place your desired items in the shopping cart. During a promotional gift campaign, the bonus item will automatically appear in the shopping cart as soon as the minimum purchase requirement has been reached.

The following general conditions apply to promotional gifts / bonus items:

  • Only one promotional gift/bonus item may be received per order.
  • The redemption of a promotional gift/bonus item may not be combined with other voucher campaigns.
  • The exchange of a promotional gift for a refund of its regular value is not possible.
  • Special offers with promotional gifts have a minimum purchase requirement, which is always specified with the offer of the promotional gift.
  • Minimum purchase requirement („valid with the minimum purchase of …") means that a binding purchase contract must be concluded and executed for at least this amount – even after a possible exercise of your right of withdrawal. If, by exercising the right of withdrawal or by returning any of your purchased goods, the total purchase value of your order is reduced to an amount lower than the respective minimum purchase value, the right to the promotional gift/bonus item expires for this purchase. Consequently, the promotional gift/bonus item must be sent back together with the returned goods. In this respect, the provisions of the cancellation policy apply.
  • Bonus item campaigns have a limited period of validity, which is explicitly specified on the advertisement of the campaign. The validity period is often limited one campaign day. For purchases made outside the campaign period, the promotional gift may not be granted. An extension of the campaign period is not possible.

§8 Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days, and begins on the day on which you or a third party named by you, who is not the carrier, have received the goods or the last shipment thereof. In order to exercise your right of withdrawal, you must inform us, Gute Marken Online GmbH, c/o Alt FineCom Finishing-eCommerce-Logistics GmbH, Pommernstrasse 19a, DE-45889 Gelsenkirchen, kundenservice@shop.nicowa.com, tel. +49 (0) 89 143 67 152 350, fax: +49 (0) 89 143 67 152 600, by means of a clear written declaration (sent by mail, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed standard cancellation form for this purpose, but are not obliged to do so. In order to comply with the withdrawal period, it is sufficient to send the notification that you wish to exercise the right of withdrawal within the withdrawal period.

Gute Marken Online GmbH
Christoph-Rapparini-Bogen 25 (3. OG)
80639 Munich

The goods are to be sent to:

Gute Marken Online GmbH
c/o Alt FineCom
Finishing-eCommerce-Logistics GmbH
Pommernstrasse 19a
DE-45889 Gelsenkirchen

The cancellation may be sent by e-mail to:

E-Mail: kundenservice@shop.nicowa.com

The cancellation may be sent by fax to:

Fax: +49 (0)89 143 67 152 600

 

Consequences of cancellation

If you cancel this contract, we shall refund all payments which we have received from you, less any return costs in the amount of 3.95€, including shipping costs (with the exception of additional costs resulting from choosing a different type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we received the notification of your cancellation of this contract. For the refund, the same means of payment will be used that was used by you for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged extra fees for this refund. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us, Gute Marken Online GmbH, c/o Alt FineCom Finishing-eCommerce-Logistics GmbH, Pommernstrasse 19a, D-45889 Gelsenkirchen, without undue delay and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you dispatch the goods before the end of the fourteen-day period. We shall bear the costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to their being handled in a way that is not necessary in order to verify the condition, properties and functioning of the goods.

 

 

Cancellation form

If you wish to cancel the contract, please fill out this form and return it to:

Gute Marken Online GmbH

Christoph-Rapparini-Bogen 25 (3rd floor)

DE-80639 Munich

or

the cancellation may be sent by e-mail to:

E-Mail: kundenservice@shop.nicowa.com

or

the cancellation may be sent by fax to:

Fax: +49 (0)89 143 67 152 600

or

the cancellation may be addressed by telephone at:

Tel: +49 (0) 89 143 67 152 350

 

– End of the cancellation policy –

 

You will find the cancellation form template that you can use to make your cancellation here.

§9 Newsletter - Electronic Advertising

  1. Scope

The following conditions apply to the subscription to a newsletter from GUTE MARKEN ONLINE GmbH.

  1. Consent

The consent is provided during the registration process for the newsletter of GUTE MARKEN ONLINE GmbH via the so-called double opt-in process. In this process, an automated e-mail is sent to each new subscriber after their registration form has been submitted. In the e-mail, the recipient is requested to confirm his/her newsletter subscription by clicking on a link. Only with this consent will the subscriber’s entry in the newsletter distribution list be activated, and the subscriber will from then on receive the desired newsletter. By registering for the newsletter and subsequently clicking on the consent link, the subscriber gives express consent to the regular delivery of the subscribed newsletter.

  1. Shipping

The newsletter is sent to customers and interested parties at regular intervals of approx. one week. The customer has no entitlement to receive a newsletter at certain times.

  1. Right of withdrawal regarding the newsletter

At any time, the newsletter subscriber may revoke his/her consent by mail (GUTE MARKEN ONLINE GmbH, Christoph-Rapparini-Bogen 25 (3rd floor) 80639 Munich) or by e-mail (kundenservice@shop.nicowa.com), or unsubscribe from the newsletter at https://www.nicowa.com/newsletter/unsubscribe, or via the link provided in each newsletter.

In the event of a revocation, GUTE MARKEN ONLINE GmbH shall no longer send newsletters to the e-mail address designated by the customer. The revocation of consent is free of charge. Only costs according to basic rates (e.g. postage or mobile phone charges) may be incurred.

  1. Privacy Policy

Unless the subscriber gives explicit consent to the further processing and use of his/her information, including personal data, provided during the course of registering for the newsletter, this data will be stored, processed and used electronically in machine-readable form at GUTE MARKEN ONLINE GmbH exclusively for the purpose of sending the newsletter. GUTE MARKEN ONLINE GmbH stores the data only as long as is necessary and permitted by law. GUTE MARKEN ONLINE GmbH shall not pass on any personal data to third parties, unless such transfer is necessary for the dispatch of the newsletter itself (e.g. through the use of a dispatch service, advertising agency, etc.). The disclosure of data to the „Nicowa" brand can be consented to in the registration process. This consent may be revoked by the newsletter subscriber at any time.

  1. Liability

GUTE MARKEN ONLINE GmbH may not be held liable for any false information caused or distributed by subscribers and/or third parties or which are connected with the dispatch of information via the newsletter. In particular, GUTE MARKEN ONLINE GmbH does not assume any liability if e-mails or data entries (e.g. in online subscriber forms in the newsletter) do not comply with the technical requirements specified in these General Terms and Conditions or with those specified for the website and may thus not be accepted by the system.

§10 Transport damage

If goods are delivered with obvious transportation damage, please report such defects to the delivery agent without delay and contact us immediately. Failure to file complaint or to contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to assert our own claims towards the carrier or the transport insurance.

§11 Warranty

The warranty for defects in the purchased goods is regulated by statutory provisions. In particular, the customer may demand subsequent performance (replacement delivery or rectification). However, Gute Marken Online GmbH is entitled to refer the customer to a new delivery if the removal of defects involves disproportionate expenditure. The warranty claims expire two years after delivery of the goods. The buyer shall enforce his warranty claims by stating his/her name, address, and order number, as well as briefly detailing the reasons for his/her concerns.

At the request of Gute Marken Online GmbH, the customer shall send the defective goods for inspection at the expense and risk of Gute Marken Online GmbH to the following address:

Gute Marken Online GmbH
c/o Alt FineCom
Finishing-eCommerce-Logistics GmbH
Pommernstraße 19a
DE-45889 Gelsenkirchen

§12 Liability

Gute Marken Online GmbH shall be liable without restriction for intent. In the cases of gross and simple negligence, Gute Marken Online GmbH shall only be liable in cases of injury to life, limb, or health or of a violation of an essential contractual obligation. Essential contractual obligations are those whose fulfillment are necessary to meet the purpose of the contract and on whose compliance the customer may therefore rely.

In case of a slightly negligent breach of essential contractual obligations, the seller’s liability shall be limited to the foreseeable damage typical of the contract concerned.

The above limitations of liability shall also apply to the benefit of the legal representatives and vicarious agents of the seller.

Liability under the Product Liability Act shall remain unaffected.

§13 Retention of title

Delivered goods remain the property of Gute Marken Online GmbH until the purchase price has been paid in full.

§14 Consumer mediation - Information according to § 36 VSBG

The seller is neither willing nor obliged by certain regulations to participate in a dispute resolution procedure before a consumer arbitration board.

§15 Final Provisions

All contracts between the company Gute Marken Online GmbH and the customer shall be governed by the laws of the Federal Republic of Germany, with the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.

§16 Website provider

The website offered under the domain www.nicowa.com is operated by:

Gute Marken Online GmbH

Tel.: +49 (0) 89 143 67 152 350

Fax: +49 (0) 89 143 67 152 600

E-Mail: kundenservice@shop.nicowa.com

Registry court: Munich District Court, HRB 193880

CEO: Thomas Höß

Realization & full service by Fortuneglobe GmbH
Christoph-Rapparini-Bogen 25 (3rd floor)
DE-80639 München
www.fortuneglobe.com

Status: as of June 2020

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