General terms and conditions of business
(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Nayure GmbH) via the www.nayure.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(3) In accordance with Regulation (EU) No. 524/2013 on online consumer dispute resolution (ODR Regulation), which came into effect on January 9, 2016, we publish the relevant link here: http://ec.europa.eu /consumers/odr/. You can find out more about this EU regulation here.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page.
Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase.
By submitting the order using the "Order with costs" button, you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you 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 are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, 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 realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) If you are an entrepreneur, the following applies in deviation from paragraph 1:
a) Only our own information and the product description of the manufacturer are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent, as well as to rights of recourse according to §§ 478, 479 BGB.
§ 5 Liability
(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without restriction in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the framework of the statutory warranty is based on the relevant regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of Seller
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 options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the quality criteria of Händlerbund Management AG, which can be viewed at the following link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatsinstrumente.pdf
5. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the item description and the additional information on our website.
6. Prices and terms of payment
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description.
6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of Delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, 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 contractor or another person responsible for carrying out the shipment.
If you are an entrepreneur, the delivery and shipment is at your own risk.
8. Statutory liability for defects
8.1. The liability for defects for our goods is based on the "Warranty" provision in our General Terms and Conditions (Part I).
8.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. More information can be found at: http://www.haendlerbund.de/agb-service.
9.1. In the case of a return of wrongly ordered goods or undesired goods, you bear the direct costs of returning the goods.
11.1. Offers are reserved exclusively for end customers.
Last update: 08.06.2020