Terms of service
Terms and Conditions
§ 1 Scope, Applicable Law
(1)
Within the business relationship between NordiKitchen (B3 Media GmbH) and the customer, the following Terms and Conditions shall apply exclusively.
(2)
No other terms and conditions shall apply, even if we do not separately object to their validity in individual cases, unless their validity has been expressly agreed in writing.
(3)
These Terms and Conditions and the entire legal relationship between the contracting parties shall be governed by the laws of the Federal Republic of Germany, excluding uniform international law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
§ 2 Time of Conclusion of Contract
(1)
The mere presentation of NordiKitchen products in the online shop does not constitute a binding offer.
(2)
Only by clicking the relevant button, such as “Place order with obligation to pay”, “Buy”, “Buy now”, “Order with obligation to pay”, “Pay”, “Pay now”, or a similar wording, do you place a binding order for the goods contained in the shopping basket.
Once you have submitted your offer, you are bound by it for a period of two weeks. Any right of withdrawal you may have under § 3 remains unaffected.
(3)
The order confirmation is sent by an automated email from NordiKitchen. This confirmation does not yet constitute acceptance of your order unless acceptance is expressly declared in the order confirmation.
A contract is only concluded when we expressly accept your offer or dispatch the goods ordered.
§ 3 Right of Withdrawal
(1)
If you are a consumer, meaning a natural person who places the order for purposes that are predominantly outside your trade, business or profession, you are entitled to a right of withdrawal in accordance with the statutory provisions.
(2)
With regard to this right of withdrawal, we provide you with the following withdrawal notice:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you, or a third party nominated by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us, LTG / NordiKitchen, Egellsstraße 21, 13507 Berlin, Germany, email: info@nordikitchen.de, of your decision to withdraw from this contract by means of a clear statement, for example by post or email.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
You may use the sample withdrawal form provided, although this is not mandatory.
Effects of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, excluding return shipping costs and delivery costs, without undue delay and at the latest within 14 days after receipt and inspection of the returned goods.
We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the 14-day period has expired.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if this diminished value is due to handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
In addition, you may not return products that have been used or soiled beyond what is necessary to inspect them.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to:
-
goods made to customer specifications or clearly personalised
-
sealed goods which are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery
§ 4 Prices, Payment, Due Date
(1)
All prices stated in our online shop within the EU are gross prices and include statutory VAT. For orders outside the EU, net prices are shown.
Deliveries to an address outside the EU may be subject to import duties and taxes, which become payable once the shipment reaches the delivery address.
(2)
Shipping costs are stated in our online shop. The total price, including VAT and any applicable shipping costs, is also shown in the order form before you submit your order.
(3)
Payment may be made by instant bank transfer, credit card, PayPal, Amazon Payments, Apple Pay or Google Pay.
(4)
The invoice will be sent to the email address provided by you when placing the order.
§ 5 Delivery
(1)
Delivery shall be made from the NordiKitchen warehouse to the delivery address specified by you when placing the order.
(2)
Unless otherwise agreed or stated in the description in our online shop, we generally assume that delivery of goods to addresses within the Federal Republic of Germany will take 8 to 10 working days, depending on the product, from the conclusion of the contract.
(3)
For shipments outside Germany but within Europe, delivery of goods that are immediately available usually takes 5 to 7 working days based on our experience.
For shipments to countries outside Europe, delivery times depend on the shipping method, such as air mail, land transport or sea freight, and the destination. Additional restrictions may arise from information provided in our online shop.
(4)
If NordiKitchen is unable to deliver the goods you ordered through no fault of its own because our supplier fails to fulfil its contractual obligations other than only temporarily, we are entitled to withdraw from the contract with you. In such a case, you will be informed immediately and any payments or other consideration already made will be refunded without delay.
(5)
Your other statutory rights remain unaffected.
(6)
If, during the ordering process or directly with the shipping service provider, you expressly specify a safe place for delivery, for example a hallway, terrace or garage, delivery shall be made at your own risk.
Once the parcel has been left by the shipping service provider at the location specified by you, the goods shall be deemed delivered.
We accept no liability for loss or damage after delivery to such location.
No replacement delivery will be made in such cases.
§ 6 Retention of Title
(1)
The delivered goods shall remain the property of B3 Media GmbH until full payment has been made.
§ 7 Liability for Defects and Damages
(1)
Unless otherwise provided below, our liability for damages, regardless of the type of breach of duty and including tortious acts, shall be limited to cases of gross negligence and intentional misconduct.
(2)
B3 Media GmbH excludes liability for slightly negligent breaches of duty unless such breaches concern injury to life, body or health, or relate to guarantees, or affect claims under the German Product Liability Act.
Liability shall also remain unaffected for breaches of obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. In the case of a purchase contract, this includes in particular the seller’s obligation to deliver the purchased goods and transfer ownership of them.
The above limitation of liability shall also apply to persons used by the seller to fulfil its contractual obligations.
(3)
All limitations and exclusions of liability shall not apply to claims arising from fraudulent conduct. They shall also not apply to liability for guaranteed characteristics, claims under the Product Liability Act, or claims arising from injury to life, body or health.
(4)
To the extent that our liability is excluded or limited, this shall also apply to our employees, workers, representatives, agents and other persons engaged in the performance of our obligations.
(5)
If you assert a claim for subsequent performance, we shall fulfil such claim exclusively by way of replacement delivery.
§ 8 Miscellaneous Provisions
(1)
To the extent permitted by law, the exclusive place of jurisdiction, including international jurisdiction, for claims against us shall be Hamburg. However, we remain entitled to bring legal action against the customer at another place of jurisdiction.
(2)
Any assignment of claims against us shall only be permitted with our prior written consent.
(3)
Set-off against our claims is only permitted if your counterclaims have been finally adjudicated, are undisputed, or have been recognised by us.
In addition, you are entitled to set off our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(4)
You may only exercise a right of retention if your counterclaim arises from the same purchase contract.
(5)
Legally relevant declarations and notices to be made by you to us after conclusion of the contract, such as setting deadlines, notices of defects, declarations of withdrawal or reduction, must be made in writing in order to be valid.
(6)
Should individual provisions of the contract with the customer, including these Terms and Conditions, be or become wholly or partially invalid, or should a gap arise, the validity of the remaining provisions shall remain unaffected.
In place of the invalid provision, or to fill the gap, a legally valid provision shall apply which best reflects the intention of the parties, the economic purpose and the spirit of the contract and these Terms and Conditions.
(7)
Any amendments or additions to these Terms and Conditions and/or to the remainder of the contractual relationship must be made in writing. This shall also apply to any waiver of the written form requirement itself.