GTC

General Terms and Conditions with Customer Information

Table of contents

1. Scope of application
2. contract conclusion
3. right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to specific customer requirements
10. Redeeming promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. code of conduct
14. Alternate Dispute Resolution

1) 1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Nina Barradas (hereinafter referred to as ‘Seller’) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone or email.

2.3 The seller may accept the customer’s offer within five days.

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, oroder
• iby delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer shall be decisive, or
• indeby requesting payment from the customer after the customer has placed their order

LieIf several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 When an offer is submitted via the seller’s online order form, the contract text is stored by the seller after conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login details.

2.5 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.6 The contract may be concluded in German or English.

2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

2.8 When ordering alcoholic beverages, the customer confirms by submitting the order that they have reached the minimum age required by law..

3) Widerrufsrecht

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and payment terms

4.1 Sofern sich aus der Produktbeschreibung des Verkäufers nichts anderes ergibt, handelt es sich bei den angegebenen Preisen um Gesamtpreise, die die gesetzliche Umsatzsteuer enthalten. Gegebenenfalls zusätzlich anfallende Liefer- und Versandkosten werden in der jeweiligen Produktbeschreibung gesondert angegeben.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the payment method “purchase on account via Heidelpay” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full to Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter “Heidelpay”) without deduction. The purchase on account payment method requires a successful credit check by Heidelpay. If, after a credit check, the customer is allowed to use the purchase on account payment method, the payment will be processed in cooperation with Heidelpay, to whom the seller assigns its payment claim. In this case, the customer can only make payments to Heidelpay with debt-discharging effect. Even if the payment method “purchase on account” via Heidelpay is selected, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and returns, or credit notes.
The payment method purchase on account via Heidelpay is excluded
– if the order value is less than 25.00 euros,
– if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
The seller also reserves the right to only offer the payment method purchase on account via Heidelpay up to a certain order volume. The seller also reserves the right to offer the payment method “purchase on account via Heidelpay” only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information section of the online shop.

5) Delivery and shipping conditions

5.1 Goods shall be delivered by shipping to the delivery address specified by the customer, unless otherwise agreed.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller’s withdrawal policy shall apply to the return shipping costs.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This shall only apply if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.

5.5 For logistical reasons, it is not possible to collect goods yourself.

5.6 Vouchers are provided to the customer as follows:

• by mail
• by mail

6) Retention of title

6.1 The seller retains ownership of the delivered goods until the purchase price owed has been paid in full by the consumer.

6.2 The seller reserves title to the delivered goods vis-à-vis entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer is acting as an entrepreneur, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer meets its payment obligations to the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty)

If the purchased item is defective, the provisions of statutory liability for defects shall apply. Notwithstanding this, the following shall apply:

7.1 If the customer is acting as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• bthe seller has the choice of the type of subsequent performance;
• In the case of used goods, rights and claims due to defects are generally excluded.;
• beginn the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer is acting as a consumer, the following restriction applies to used goods: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that become apparent within one year of delivery of the goods can be asserted within the statutory limitation period.

7.3 The limitations of liability and shortened periods specified in the preceding paragraphs shall not apply

• for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

7.4 Darüber hinaus gilt für Unternehmer, dass die gesetzlichen Verjährungsfristen für den Rückgriffsanspruch nach § 445b BGB unberührt bleiben.

7.5 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.

7.6 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller thereof. Failure to do so shall not affect the customer’s statutory or contractual warranty rights.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

8.1 The seller shall be liable without limitation for any legal reason whatsoever

• in cases of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb, or health,
• on the basis of a warranty promise, unless otherwise specified in this regard,
• due to mandatory liability, such as under the Product Liability Act..

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

8.3 Otherwise, the seller shall not be liable.

8.4 The above liability provisions shall also apply with regard to the seller’s liability for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer requirements

9.1 If, according to the content of the contract, the seller is obliged to process the goods in accordance with specific customer requirements in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.

9.2 The customer shall indemnify the seller against any claims by third parties that they may assert against the seller in connection with an infringement of their rights through the seller’s contractual use of the customer’s content. The customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The credit balance of a promotional voucher will not be paid out in cash or bear interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The seller can redeem it with liberating effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder’s lack of entitlement, legal incapacity, or lack of power of representation.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.

111.2 Gift vouchers and remaining credit on gift vouchers are redeemable until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.7 The credit balance of a gift voucher will not be paid out in cash nor will it bear interest.

11.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder’s lack of entitlement, legal incapacity, or lack of power of representation.

12) Anwendbares Recht

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13) Code of Conduct

– The seller has agreed to comply with the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

14) Alternative dispute resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

14.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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