Terms and conditions

§1 Scope

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 contract of sale is concluded with Gute Marken Online GmbH, Sonnenstr. 20, D-80331 Munich, Managing Director: Thorsten Höllger, commercial register: Munich District Court under registration number HRB 193880

If you have any questions, complaints or objections, you can telephone or email our Customer Services on +49 (0) 89 143 67 152 350 / kundenservice@shop.nicowa.com from Mo – Fr von 9:30 bis 18:00 Uhr.

The presentation of the products in the online shop does not constitute a legally binding offer. It represents a non-binding online catalogue. During initial stages, you can add our products to the shopping basket without any obligation, and you can use the editing tools that have been explained and provided to correct your information at any time before submitting your firm order. When you select "Buy now", you are submitting a firm order for the goods contained in the shopping basket. You will receive an automated email as confirmation of the order. The contract will take effect with this email.

A binding contract may already be in place in the following circumstances:

If you have selected the PayPal payment method, the contract will take effect when you confirm your payment instruction to PayPal.

English is the language used when concluding the contract.

We will save the text of the contract and email you the order information and our Terms and Conditions. You can also access the Terms and Conditions on this page at all times. For security reasons, your previous orders will no longer be accessible via the Internet.

§3 Prices and shipping costs

The prices indicated on the product pages in the online shop include the statutory VAT and other price components.

For deliveries within United Kingdom there is a shipping fee of GBP 7,80, regardless of the size or the weight of your order. You will be clearly informed about the shipping costs again on the product pages, in the shopping basket system, and on the page where you place your order.

§4 Payment

We accept payment for orders by credit card (Visa/MasterCard), PayPal, Amazon Pay and prepayment.

Credit cards
Your credit card will be debited when we send the goods to you.

PayPal
If you wish to pay by PayPal, please select the relevant payment method during the ordering process. You will automatically be transferred to PayPal. Use your email address and your password to sign into PayPal and then follow the instructions. The goods will be sent as soon as the full invoice amount has reached our account.

Using Amazon Pay
If you use Amazon for your payments, you will be able to use the customer information you have stored at Amazon.de when purchasing online at our shop. Your bank account or your credit card will only be debited when there is confirmation that the order has been delivered to your delivery address. Amazon Pay will not forward the payment details that are on file for your Amazon.de customer account, and there is also no need for you to provide these when placing your order.

Prepayment
If you choose to pay cash in advance, we will provide you with our bank details when we confirm the order and we will deliver the goods after payment has been received.

§5 Delivery

Unless otherwise agreed, the delivery will be dispatched from the Gute Marken Online GmbH logistics centre to the delivery address specified by the customer. DHL will provide the delivery service within the United Kingdom.

§6 Redeeming vouchers (voucher codes)

  1. First of all, add your chosen item to the shopping basket. You will find the voucher/voucher code box after the initial stage of the ordering process if you go to the overview of payments in the shopping basket which is located in the shopping basket. Please enter the voucher code here and confirm by selecting the "REDEEM NOW" button. The voucher amounts will then immediately be taken into account in the total amount for the shopping basket.
    1. The following general terms apply to vouchers:
      • Only one voucher can be redeemed for each order.
      • Several vouchers, especially vouchers from different promotional voucher offers, cannot be combined.
      • Vouchers can only be redeemed during the ordering process. Unfortunately, it is not possible to provide a subsequent credit note.
      • Vouchers cannot be exchanged for cash.
      • The resale of vouchers is not permitted.
    2. The following additional terms apply to coupons/coupon codes and all vouchers/voucher codes with a minimum purchase amount:
      • Coupons have a minimum purchase amount which is always specified on the coupon, or with the coupon code.
      • The minimum purchase amount ("for purchases above …") means that a legally valid sales contract will take effect and will need to be honoured for sales above this amount, even after the right to cancel has potentially been exercised. If the purchase value of your order falls below the relevant minimum purchase amount because you have exercised your right to cancel/return goods, it will not be possible to redeem this voucher/voucher code for this purchase. If the minimum purchase amount for a voucher/voucher code with a lower minimum purchase amount available from the same voucher promotion is reached, this voucher will automatically be credited to your purchase. If the minimum purchase amount does not meet the sum stipulated on the voucher with the lowest value in the corresponding promotional voucher offer, the sum of the individual prices for the purchased items should be paid in full, without any deductions.
      • Coupons and promotional vouchers are valid for a limited period which is always specified on the voucher, or with the voucher code. A voucher code can no longer be used once the promotional period has expired. This cannot be extended.
    3. The following additional terms apply to gift vouchers and other vouchers that do not have a minimum purchase amount:
      • If you exercise your right to cancel for a purchase involving the redemption of a gift voucher (code) or another form of voucher (code) which does not have a minimum purchase requirement, you will receive a new voucher (code) for the unspent voucher amounts or partial amounts as well as any refund for payments made. The new voucher (code) is governed by the same terms as the original voucher (code).
      • Gift vouchers/gift voucher codes and other vouchers/voucher codes which do not have a minimum purchase amount will be valid for a limited period of time and this is specified on the voucher or with the voucher code. The voucher code can no longer be used once the period of validity has expired. This cannot be extended.

§7 Terms governing additional free gifts/giveaway items associated with promotional campaigns

  1. First of all, add your chosen item to the shopping basket. When the minimum purchase amount has been met, the giveaway item will automatically be added to the shopping basket whilst the promotional campaign is still running.
  2. The following general terms apply to free gifts/giveaways associated with promotional campaigns:
    1. You can only receive one free gift/giveaway for each order.
    2. An offer of a free gift/giveaway associated promotional campaign cannot be combined with a promotional voucher.
    3. It is not possible to exchange giveaway items in return for the normal price of the giveaway item.
    4. Promotions offering free gifts linked to promotional campaigns will have a minimum purchase amount which is always specified with the free gift offer.
    5. The minimum purchase amount ("for purchases above …") means that a legally valid sales contract will take effect and will need to be honoured for sales above this amount, even after the right to cancel has potentially been exercised. If the purchase value of your order falls below the relevant minimum purchase amount because you have exercised your right to cancel/return goods, it will not be possible to offer the free gift/giveaway for this purchase. For this reason, the free gift/giveaway item must be returned with the returned goods in these situations. The regulations in the cancellation policy will apply in this respect.
    6. Promotional giveaways will be offered for a limited period of time which will also be specified in the advertising for the promotional giveaway. The period of validity is often limited to one promotional day. The giveaway cannot be offered for purchases made outside of the promotional period. This cannot be extended.

§8 Cancellation policy

Cancellation

Right to cancel

You have the right to cancel this contract within 14 days without specifying any reasons. There is a 14 day cancellation period, starting on the day that you or a third party – other than the carrier – designated by you receive the final goods. If you wish to exercise your right to cancel, you need to clearly notify us (for example, by sending us a letter, a fax or an email) at Gute Marken Online GmbH, c/o Alt FineCom Finishing-eCommerce-Logistics GmbH, Pommernstraße 19a, D-45889 Gelsenkirchen, or kundenservice@shop.nicowa.com, or on tel: +49 (0) 89 143 67 152 350, fax: +49 (0) 89 143 67 152 600 about your decision to cancel this contract. You can use the cancellation form template that has been included for this purpose but this is not a requirement. To comply with the cancellation deadline, it will be sufficient if you submit the notification that you are exercising your right to cancel before the cancellation deadline has expired.

Gute Marken Online GmbH
Sonnenstraße 20
D-80331 Munich

Please send the goods to:

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

Send your email with your cancellation to:
Email: kundenservice@shop.nicowa.com

Send your fax with your cancellation to:
Fax: +49 (0) 89 143 67 152 600

Consequences of cancellation

If you cancel this contract, we are obliged to return all payments that we have received from you, including the delivery costs (apart from additional costs arising from the fact that you have selected a form of delivery which is other than the cheapest, standard delivery that we offer) without delay and at the latest within 14 days of the day on which we receive notification that you have cancelled this contract. When we make this refund, we will use the same payment method that you used for the original transaction unless we have expressly agreed otherwise with you. For sending back the goods to our warehouse we will charge you 7,80 GBP by lessening your refund. We are entitled to refuse to pay the refund until we have received the returned goods or until you provide evidence that you have returned the goods, depending on which occurs first. You must return the goods without delay, and in any event, within 14 days of the day that you notified us that this contract has been cancelled. Please send or deliver the goods to Gute Marken Online GmbH, c/o Alt FineCom Finishing-eCommerce-Logistics GmbH, Pommernstraße 19a, D-45889 Gelsenkirchen. You are within the deadline if you send the goods before the 14 day period has expired. You will only need to pay for any diminished value of the goods, if this diminished value can be attributed to using them beyond what is necessary to ascertain the quality, the nature and the functioning of the goods.

End of the cancellation policy

Cancellation form

If you wish to cancel this contract, please complete this form and return it to:

Gute Marken Online GmbH
Sonnenstraße 20
D-80331 Munich

or

Send your email with your cancellation to:
Email: kundenservice@shop.nicowa.com

or

Send your fax with your cancellation to:
Fax: +49 (0) 89 143 67 152 600

or

If you telephone, please call:
Tel: +49 (0) 89 143 67 152 350

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

§9 Newsletter – electronic advertising

1. Scope
The following terms apply when subscribing to a Gute Marken Online GmbH newsletter.

2. Consent
The double opt-in procedure is used for consent which is provided during the subscription for the GUTE MARKEN ONLINE GmbH newsletter. This means that once the relevant subscription form has been submitted, an automated email will be sent to the address specified for the recipient. In this email, the recipient will be requested to click on a link to confirm the subscription to the newsletter. The recipient’s entry on the newsletter distribution list will only become active when this confirmation is received, and the recipient will then receive the requested newsletter in future. By subscribing to the newsletter and clicking on the confirmation link, the subscriber explicitly consents to the regular mailing of the subscribed newsletter.

3. Sending out
The newsletter is sent out to customers and potential customers at regular intervals of approximately one week. Customers are not entitled to receive a newsletter.

4. Right to cancel the newsletter
Subscribers to the newsletter can always withdraw their consent by post (Gute Marken Online GmbH, Sonnenstraße 20, D-80331 Munich), by email (kundenservice@shop.nicowa.com), or they can unsubscribe from the newsletter at sandwichfashion.co.uk/newsletter, or via the link provided in every newsletter. In the event of cancellation, GUTE MARKEN ONLINE GmbH will no longer send a newsletter to the email address provided by the customer in future. The withdrawal of consent is free of charge. Costs will only be incurred at the basic rate (for example, postage or mobile phone fees).

5. Data protection
Gute Marken Online GmbH will only use, process or electronically store the information provided by the subscriber, including personal details, in a machine readable format for the purpose of sending the newsletter, unless the subscriber provided additional consent to the further processing and use when subscribing to the newsletter. Gute Marken Online GmbH will only store data for as long as it is required and according to the law. Gute Marken Online GmbH will not disclose the data to other companies unless this disclosure is required to send the newsletter (for example, by involving a service provider or an advertising agency, etc.). It is possible to consent to the disclosure of information to the "Nicowa" brand during the subscription process. Those who subscribe to the newsletter can withdraw this consent at any time.

6. Liability
Gute Marken Online GmbH is not liable for incorrect information that has been elicited and distributed by subscribers and/or third parties and which is connected with information that is sent out via the newsletter. In particular, GUTE MARKEN ONLINE GmbH does not assume liability if emails or data entries (for example, in the online registration form for the newsletter) do not correspond to the technical requirements stipulated in these Terms and Conditions or for the website, and are not accepted and/or approved by the system as a result of this.

§10 Damage in transit

If the delivered goods have clearly been damaged whilst in transit, please complain about these faults to the delivery agent as quickly as possible and contact us without delay. Failure to make a complaint or notify us will not infringe on your statutory rights and their enforcement, and especially not your warranty rights. However, you will be helping us to assert our own claims against the freight forwarder or transport insurance.

§11 Warranty

The warranty covering faulty goods that have been purchased is determined by statutory regulations. In particular, the customer can require subsequent performance (a new delivery or correction of the defect). However, Gute Marken Online GmbH is entitled to offer the customer a new delivery if correcting the defect would be disproportionately costly. The warranty rights expire two years after the goods have been delivered. When making a claim under the warranty, the customer should provide the order number, their name and address and a short description of the reasons.

If requested by Gute Marken Online GmbH, the customer should send the faulty goods to the following address to be examined at the expense and the risk of Gute Marken Online GmbH:

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

§12 Liability

  1. Gute Marken Online GmbH bears unlimited liability for wilful acts. For gross and ordinary negligence, Gute Marken Online GmbH shall only be liable in the event of injury to life, the body or health, or breach of a major contractual obligation. Major contractual obligations are those which must be fulfilled to achieve the purpose of the contract, and which the customer has expected to be fulfilled and is also entitled to expect.
  2. In the case of a slightly negligent breach of major contractual duties, the seller’s level of liability is limited to the typical, foreseeable damage.
  3. The above liability limitations shall also apply for the benefit of the legal representatives and the seller’s vicarious agents.
  4. This shall not affect liability according to product liability law.

§13 Retention of title

The delivered goods shall continue to be owned by Gute Marken Online GmbH until they have been paid for in full.

§14 Consumer arbitration and information according to Section 36 German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz)

There are no specific regulations which oblige the vendor to engage in a dispute resolution procedure involving this consumer arbitration service, and the vendor has not chosen to declare a readiness to do so.

§15 Final Provisions

All contracts between Gute Marken Online GmbH and the customer are subject to the law of the Federal Republic of Germany, to the exclusion of the provisions of the UN Convention on Contracts for the International Sales of Goods.

§16 Website provider

The website provided at the domain name of https://www.nicowa.com is operated by:

Gute Marken Online GmbH
Telephone: +49 (0) 89 143 67 152 350
Fax: +49 (0) 89 143 67 152 600
Email: kundenservice@shop.nicowa.com
Registration court: Munich District Court under registration number HRB 193880
Managing Director: Thorsten Höllger

Realisation & Fullservice by Fortuneglobe GmbH
Sonnenstraße 20
80331 München
www.fortuneglobe.com

Dated: July 2017

Do you have any questions?

Call our customer service at +49 (0) 89 143 67 152 350
or send us an e-mail at:
kundenservice@shop.nicowa.com

Our customer service can be contacted Mo - Fr von 9:30 bis 18:00 Uhr.