Conditions
Terms and Conditions
General terms and conditions of business
§ 1 SCOPE
(1) These General Terms and Conditions apply to all orders that you place in the online shop of
sole proprietorship
Nitiknitti
Anita Freitag-Meyer
Siemensstraße 11
27283 Verden
make.
(2) Our deliveries, services, and offers are provided exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of any customer's General Terms and Conditions that contradict our General Terms and Conditions is hereby expressly rejected.
(3) The contract language is exclusively German.
(4) You can access and print the currently valid General Terms and Conditions on the Nitiknitti.com website.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of our goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the "Buy now" button, you submit a binding offer to purchase (Section 145 of the German Civil Code). Immediately before submitting this order, you can review the order again and correct it if necessary.
(3) Upon receipt of your purchase offer, you will receive an automatically generated email confirming that we have received your order (so-called confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (so-called “order confirmation”) or when we send the goods to you without prior declaration of acceptance.
(5) If you pay in advance or via PayPal, acceptance will occur immediately upon your order.
§ 3 PRICES AND SHIPPING COSTS
(1) The prices stated on the shop pages are exclusive of the respective shipping costs and are VAT-free services according to Section 19 UStG.
(2) The corresponding shipping costs will be indicated in the order form and are to be borne by you unless you exercise your right of withdrawal.
§ 4 PAYMENT TERMS, DEFAULT
(1) Payment is made using the payment options offered.
§4 DELIVERY
(1) Unless we have clearly stated otherwise in the product description, the items we offer will be dispatched within 1-2 working days.
(2) The risk of accidental loss and accidental deterioration of the goods sold shall pass to the buyer only upon delivery of the goods to the buyer, even in the case of a sale by dispatch.
§5 RESERVATION OF TITLE
We retain title to our goods until the purchase price has been paid in full.
§ 6 RIGHT OF WITHDRAWAL OF THE CUSTOMER AS A CONSUMER
Right of withdrawal for consumers
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must
Nitiknitti
Anita Freitag-Meyer
Siemensstraße 11
27283 Verden
Email hallo@nitiknitti.com
Phone: 04231/9149100 or 0151 25352770
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
End of the cancellation policy
(1) The right of withdrawal does not apply to customized or custom-made items. Customization includes, for example, a special change request, the addition of initials and names, or other changes that deviate from the standard design of the item.
(2) Damage and contamination should be avoided. Please return the item complete with all packaging components.
§ 8 WARRANTY
(1) The statutory warranty provisions apply.
(2) The items sold are generally handmade and unique. Minor deviations from the images in our online shop are possible and do not constitute a defect.
§ 9 LIABILITY
(1) Customer claims for damages are excluded. Excluded from this are customer claims for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations, as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Nitiknitti, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, Nitiknitti shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against the provider.
(4) The provisions of the Product Liability Act remain unaffected.
§ 10 APPLICABLE LAW, JURISDICTION
(1) German law shall apply exclusively. This choice of law shall apply to consumers only to the extent that it does not restrict any mandatory legal provisions of the state in which they have their domicile or habitual residence.
(2)All disputes arising from the contractual relationship shall be brought before the court having jurisdiction over Nitiknitti’s registered office.
§ 11 ALTERNATIVE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 FINAL PROVISIONS
Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provisions shall be replaced by the statutory provisions, where applicable. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.