General Terms and Conditions and Cancellation Policy
(Effective 22 Feb. 2019)
1. Area of applicability
The information and terms and conditions provided below apply to orders that are placed on the website www.nuzz.de of NuZz, a brand of Acht & Zwanzig GmbH (VAT ID number: DE321276895, Stuttgart District Court Commercial Register B 767350, Loßburger Straße 28, 72250, Freudenstadt, [email protected]; managed by Dr. Antje M. Gerhold).
Our online store is aimed at consumers only. We have separate terms of sale available for entrepreneurs, legal persons under public law, and special funds under public law pursuant to Article 310, Paragraph 1 of the German Civil Code (BGB).
The applicable language for concluding the contract is German.
German law applies. In the case of consumers, this choice of law applies only to the extent that the protection afforded [under German law] is not canceled by mandatory provisions of the law of the country in which the consumer customarily resides.
2. Registration as a customer
You have the opportunity to register as a customer of our online store free of cost. A customer account is created when you register. You can use this customer account to place future orders without having to enter all the information about yourself each time.
Registration is not a prerequisite for placing an order. There is no entitlement to registration.
In order to register as a customer and have an account created, you have to enter a currently valid email address and a password, among other things. The email address and password are necessary for logging in. The email address is also used for communicating with you.
You hereby affirm that the information entered during registration is accurate and complete. Use of pseudonyms is not allowed. You may not register multiple times.
As a purchaser, you are obligated to handle the login information in a careful manner. You may not disclose the login information to third parties and/or make it possible for third parties to access the customer account by circumventing the login information. If you notice any indications of improper use of your customer account, you must inform us about that without delay.
If your personal information changes, you yourself are responsible for updating it. You can make changes online after logging into your customer account.
You can have your registration deleted at any time by notifying us accordingly. When your registration is deleted, your customer account and all related personal information will be removed. This applies unless there is a legal duty to preserve records or the information is still needed for processing orders.
We have the right to discontinue at any time the offer to register and set up a customer account via our online store. In such case, you will be immediately informed about the intended discontinuation and your customer account will be deleted together with all data.
3. Formation of the Contract
The product descriptions in our online store are not a legally binding offer, but are instead a non-binding online catalog and, therefore, an invitation to place an order. Errors excepted. Unless some other arrangement is expressly noted in the offer, the offers placed in this online store apply only “as long as there is sufficient stock.”
By clicking on the “Buy” button, you are submitting a binding offer to enter a purchase contract regarding the goods in the shopping cart.
Before you submit a binding order for the goods included in the shopping cart by clicking on the “Buy” button, you will have an opportunity to check and correct the information. Please check your information carefully.
You can only submit a binding purchase order, however, if you confirm beforehand (by clicking) that you have read and accepted the Terms and Conditions and Cancellation Policy.
You will have an opportunity to print out your order after you have submitted it. We do not store the text of the contract.
Immediately after your order has been sent, we will confirm its receipt with an automated email. This action does not constitute acceptance of a contract. The purchase contract only comes into existence as the result of an express declaration by us or as the result of shipment of the goods.
4. Online dispute resolution
The EU Commission offers an opportunity to resolve disputes online on a platform that it operates. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We are not obligated to participate in an arbitration process and also cannot offer to participate in such a process.
5. Cancellation policy
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Right to cancel
You have the right to cancel this contract within fourteen days without stating the reasons.
The cancellation period is fourteen days, starting from the day on which you or a third party who is named by you, but who is not the carrier, took possession of the last article.
In order to exercise your right of cancellation, you will need to inform us regarding your decision to cancel this contract through a clear statement (e.g., a letter sent by mail or email) to us (Acht & Zwanzig GmbH, Loßburger Staße 28, 72250 Freudenstadt, [email protected]). You can use the attached Sample Cancellation Form for this purpose; this form is not required, however.
To meet the cancellation deadline, it suffices if you dispatch the notification about exercising of the right of cancellation before expiration of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must immediately refund to you, no later than fourteen days after the day on which the notification of the cancellation of this contract was received by us, all payments that we have received from you, including delivery expenses (except for additional charges resulting from your choice of a different type of delivery than the standard, least expensive delivery offered by us). For this refund, we will use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; you will not be charged any fees because of this refund in any event. We can withhold the refund until we get back the merchandise or until you have presented proof that you have returned the merchandise, depending on whichever date is earlier.
You must return the merchandise immediately, and in any event no later than 14 days after the day on which you notify us regarding the cancellation of this contract. The deadline will be met if you dispatch the merchandise before expiration of the 14-day cancellation period.
You are responsible for paying the direct costs of the return shipment.
You must pay for any depreciation of the value of the merchandise if this depreciation of value is attributable to any handling of the merchandise that is not necessary for checking the nature, characteristics and functioning of the merchandise.
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End of cancellation policy
6. Delivery
As a basic principle, orders and deliveries are only possible within Germany at the current time.
7. Prices and Payments
Validity of the prices: The prices stated on nuzz.de are euro prices (including the value-added tax prescribed by law).
Shipping costs for deliveries within Germany are EUR 4.90 per order and per delivery address, regardless of the value of the order.
As a basic principle, you can pay in advance or through Paypal. There is no possibility of a discount.
We reserve the right to offer you only certain types of payment for the requested delivery; for example, in order to safeguard our own credit risk, only those types of payment that correspond to the respective degree of creditworthiness.
8. Reservation of Ownership
The merchandise will remain our property until it is paid in full.
9. Warranty
The provisions provided under the German law apply.
10. Electronic Communication
You agree that communication regarding the contract can take place in electronic form.
11. Data Protection
Please read our data protection information that we have published on our website.
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Sample Cancellation Form
(If you would like to cancel the contract, please fill out this form and send it back to us.)
— To Acht & Zwanzig GmbH, Loßburger Straße 28, 72250 Freudenstadt, [email protected]
— I/we (*) hereby cancel the contract that I/we (*) entered regarding the purchase of the following merchandise (*)/ the performance of the folllowing service (*)
— Ordered on (*)/ received on (*)
— Name of the consumer
— Address of the consumer
— Signature of the consumer (only in the case of notification on paper)
— Date _______________
(*) Please cross out what does not apply.