Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR
NIZE PRODUCTS AND SERVICES
Scope, object of the contract, definitions
The following general terms and conditions (“GTC”) apply to all orders from NIZE GmbH, Weinholdstrasse 20a, 8010 Graz, Austria (hereinafter “we”, “us”) via our online shop by our customers (hereinafter “you”, ” Customer”).
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur i. S. d. Terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the course of their commercial or independent professional activity. Customers i. S. d. Terms and conditions are both consumers and entrepreneurs.
The subject of the contract is:
The purchase of products or services from NIZE GmbH.
By clicking on the appropriate field to accept these conditions you accept the validity of the following terms and conditions. If you do not want to accept these terms and conditions, you cannot use our online shop for orders.
Terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions do not become part of the contract.
For all orders, the general rules of Section A and the additional rules of Sections B and C apply.
Conclusion of contract
The presentation of the products in the online shop is not a legally binding offer, but non-binding. By clicking the “Add to Cart” and “Checkout” buttons, you are not yet submitting a binding offer to order. All entries are displayed again in a confirmation field and can be corrected there. Your order will only be bindingly transmitted to us as a contract offer by clicking the “Buy Now” button. The receipt of the order is confirmed by an automated e-mail immediately after the order has been sent. The binding acceptance of the order by us lies in such an email.
The language available for the conclusion of the contract is German.
Contract text storage
We save the contract text and send you the order details and our terms and conditions by email. You can view and download the terms and conditions at any time on our website at www.nize.world.
Prices and terms of payment
The shipping costs are not included in the price. The shipping costs are displayed in the online shop before sending the order and shown separately on the invoice. The prices shown in the online shop during the ordering process are binding for the respective order, subject to section 23.1. In addition, the prices are non-binding and can be changed at any time.
Right of withdrawal for consumers for distance contracts
Right of withdrawal. Customers who are consumers generally have the right to cancel the contract within fourteen (14) days without giving any reason. If only digital content is delivered, i.e. Only data that is not on a physical data carrier and that is produced and provided in digital form, the cancellation period is fourteen (14) days from the day the contract is concluded. In the event that goods are delivered, the right of withdrawal begins with the delivery of the last partial shipment / the last goods.
In order to exercise your right of withdrawal, you must give us (NIZE GmbH represented by the managing directors Bettina Haberler, Moritz Minarik and Manfred Zettl, Weinholdstraße 20a, 8010 Graz, Austria, email: email@example.com) by means of a clear explanation (e.g. a with letter sent by post or e-mail) about your decision to cancel this contract.
To meet the cancellation deadline, it is sufficient that you send the message about the exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation. If you cancel this contract, we have made all payments that we have received from you, including delivery costs (except for the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
In the case of the purchase of goods, we can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have to return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the immediate costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To NIZE GmbH, Weinholdstraße 20a, 8010 Graz, Austria, email: firstname.lastname@example.org:
Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following
Goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable
The right of withdrawal expires prematurely
If only digital content is delivered, i.e. Only data that is not on a physical data carrier and that is produced and made available in digital form, the right of withdrawal expires immediately if we have started executing the contract after you
have expressly agreed that we start executing the contract before the cancellation period expires, and
you have confirmed that you will lose your right of withdrawal when you start executing the contract.
Limitation of liability
We have unlimited liability for damage to life, limb or health that is based on an intentional or negligent breach of duty on our part. We are also liable without limitation for other damages that are based on an intentional or grossly negligent breach of duty by us.
We are only liable to a limited extent for the typically foreseeable damage for damages due to a simple negligent violation of such obligations, which are fundamental for the appropriate and flawless execution of the contract and on the fulfillment of which the customer can trust and trust accordingly (cardinal obligations).
Other claims for damages, in particular according to § 536a BGB, are excluded subject to the following section 6.4.
Limitations of liability and exclusions of liability according to this Section 6 and Section 13.7 do not affect our liability in accordance with the mandatory statutory provisions of the Product Liability Act, due to the malicious concealment of a defect and the assumption of a guarantee for the quality of a service.
This number 6 applies to any claims by us by the customer regardless of the legal basis, in particular for contractual and tortious liability.
Insofar as our liability is limited or excluded according to this Section 6, the restrictions or exclusions also apply to the personal liability of our employees, our legal representatives and our vicarious agents.
Neither party has to vouch for the non-fulfillment of their contractual obligations if the non-fulfillment is due to an obstacle beyond their control (“force majeure”). Force majeure within the meaning of this contract includes in particular: (a) (impending) war or civil war, (b) fire, (c) natural disasters such as floods, storms, etc., (d) decisions by legislators or governments, (g) strike, Lockout or other forms of industrial action (concerning both own and external employees), (h) confiscation.
The party affected by force majeure will immediately notify the other party of the beginning and end of the obstacle in writing. As long as the state of force majeure continues, the time for the provision of services for both parties will be extended by the duration of the delay due to force majeure plus an appropriate restart time. In the event of non-performance in accordance with Section 7.1 over a period of more than six (6) months, each of the contracting parties is entitled to terminate the contract.
Set-off and retention rights of the customer
The customer has the right to offset only if his counterclaims have been legally established, recognized or are not disputed by the seller. The right of the buyer to offset against contractual or other claims from the initiation or implementation of this contractual relationship (in particular also claims that result from the fact that the customer has exercised his legal right of withdrawal for consumers) remains unaffected.
The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
Copyright, industrial property rights
All materials in the online shop are our property and are protected by copyright or the subject of other intellectual property rights. The customer is only allowed to view and download these materials for his own personal, non-business purposes.
Postal address: NIZE GmbH, Weinholdstraße 20a, 8010 Graz, Austria
Email address: email@example.com
We are entitled to make changes to the applicable terms and conditions, which we will announce to the customer in advance (including a period of objection and an indication of the importance of his behavior) in text form by email – by highlighting the change in bold – and which will come into effect if the Customer does not object to them within six (6) weeks of receiving notice.
If a provision of these terms and conditions should be or become partially or wholly ineffective, this does not affect the effectiveness of the remaining provisions of these terms and conditions.
These terms and conditions are subject to Austrian law; this does not apply to the applicability of the United Nations Convention on the International Sale of Goods of April 11, 1980 (CISG provisions). For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the court responsible for our place of business, unless an exclusive place of jurisdiction is given. However, we are also entitled to sue the merchant at his place of residence or place of business. The competence, which may be reasoned by a exclusive jurisdiction remains untouched.
We are obliged to inform consumers that an appropriate online platform is available from the European Commission with regard to so-called online dispute resolution. Customers can access this platform at the following link: https://ec.europa.eu/consumers/odr/. In this context, we are also obliged to provide customers with our email address. This is: firstname.lastname@example.org.
We always endeavor to clarify any discrepancies with the customer with regard to existing contracts. However, we would like to point out that we are not obliged to participate in a consumer arbitration procedure (according to VSBG) and unfortunately also do not offer our customers the opportunity to participate in such a procedure.
Special provisions for complementary products (section 1.3)
We only owe to entrepreneurs the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. Unless otherwise expressly agreed, delivery times specified by us are therefore non-binding. With the delivery of the goods to the transport company, the risk of accidental loss and accidental deterioration of the goods passes to the customer. We are not obliged to insure or have the goods ordered insured against damage in transit. Partial deliveries are permitted.
Towards consumers, the risk of accidental loss or accidental deterioration of the goods sold also passes to the consumer when the goods are dispatched when the goods are handed over.
The handover is the same if the customer is in default with the acceptance.
We do not guarantee that the products shown in our online shop are always available. If the delivery of a product should not be possible or will take longer, for example because the corresponding goods are not in stock, we will inform the customer before the contract is concluded.
Without prejudice to other contractual or statutory termination rights and the statutory right of withdrawal for consumers (section 5), the customer is not entitled to cancel binding orders or to return goods that have already been accepted without our express written consent.
We are entitled to withdraw from the contract or to terminate it if it emerges that the customer is not creditworthy, especially in the case of (i) an unsuccessful enforcement measure against the customer or an oath of disclosure made by him, even if this is not directly related to the business relationship between us and the customer stands, (ii) that after conclusion of the contract it becomes apparent that the customer has provided incorrect information regarding his creditworthiness and that this incorrect information is of considerable importance.
We do not assume any quality or other guarantee for the services to be provided by us, unless we have expressly declared a guarantee designated as such in writing in individual cases. Manufacturer guarantees remain unaffected.
With regard to entrepreneurs, the customer will check the goods for completeness and defects immediately, but at the latest within 14 days after delivery. After the deadline, the assertion of warranty rights in view of the defect in question is excluded for entrepreneurs.
If the customer is an entrepreneur, the quality of the goods is basically only our product description as agreed. Public statements, promotions or advertising by the manufacturer also do not constitute a contractual condition of the goods.
The following applies to entrepreneurs, if there is a material or legal defect, we will provide supplementary performance at our discretion by rectification or by subsequent delivery. Consumers have the choice of whether they require supplementary performance through rectification or subsequent delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
Only in the event that (i) we seriously and definitively refuse the subsequent performance, (ii) the subsequent performance fails, or (iii) a reasonable deadline set by the customer for subsequent performance has not been met, the customer is entitled to the compensation accordingly reduce or terminate the contract or withdraw. Subject to Section 6, the customer can also claim damages.
Towards entrepreneurs, unless the nature of the defect or the other circumstances indicate otherwise, the supplementary performance is considered to have failed at the earliest after the second unsuccessful attempt. Towards consumers, the supplementary performance is deemed to have failed after two unsuccessful attempts.
For entrepreneurs, the warranty period is twelve (12) months from delivery of the goods, for consumers, the warranty period is 24 months. This does not apply if we have unlimited liability in accordance with section 6.
Retention of title
For consumers, goods delivered by us remain our property until full payment of the purchase price (retention of title). In the case of entrepreneurs, goods delivered by us remain our property until the purchase price has been paid in full and all claims resulting from the business relationship have been settled (extended retention of title).
The assertion of our rights from the retention of title does not release the customer from his contractual obligations. The value of the goods at the time of the return is only offset against our existing claim against the customer. This section 14 is not intended to change the regulations on the transfer of risk with regard to damage or loss of the goods according to section 12.