General Terms and ConditionsScope
- The following General Terms and Conditions (hereinafter "GTC") of nevernot GmbH (hereinafter "Seller") apply to every contract for the delivery of goods with a consumer (hereinafter "the Customer"), which is concluded via the seller's online shop.
- nevernot GmbH does not conclude any contracts with entrepreneurs via its online shop. Entrepreneurs can contact email@example.com to conclude an individual contract.
- Consumer (§ 13 BGB) is any natural person who concludes a legal transaction with the seller for a purpose that can be attributed neither to their commercial nor their self-employed professional activity.
- Entrepreneur (§ 14 BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with us, acts in the exercise of their commercial or self-employed professional activity.
- Conclusion of contract
- The product descriptions contained in the seller's online shop do not represent a binding offer on the part of the seller.
- After placing the desired items in the shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer by clicking on the button labeled "Order" or "Pay". the goods contained in the shopping cart. In addition, the customer can also submit the offer to the seller by email. A contract is only concluded when the seller accepts the order through an order confirmation or through the delivery of the ordered items.
- The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
- The "never not subscription" order option is a subscription contract for the delivery of soft tampons at a delivery frequency specified by the customer (§ 315 BGB). The subscription contract is concluded for an indefinite period. Both parties can terminate the subscription at any time without notice after paying for two deliveries of goods. The right to extraordinary termination for important reasons remains unaffected. Notices of termination must be in text form to be effective (§ 126b BGB). The cancellation can be made in the user account of the customer, or by e-mail at: firstname.lastname@example.org.
- Until further notification, the seller will only conclude contracts with delivery to Germany and Austria.
- German and English are available for the conclusion of the contract.
The following notice applies in particular to our Swiss customers:
Deliveries to Switzerland and the countries assigned to Switzerland in terms of sales tax are processed via an intermediary, Mein Kauf GmbH. Mein Kauf GmbH ensures proper customs clearance and accounting. The delivery is fully duty paid at the final price stated in the shop, no additional import duties are incurred upon delivery.
- Prices & Payment
- Unless otherwise stated in the seller's item description, the prices quoted are total prices including statutory sales tax.Additional delivery and shipping costs are specified separately in the order form
- The payment of the purchase price for orders (in the case of subscription contracts only the purchase price of the first two deliveries) is due immediately upon conclusion of the contract.
- The following payment methods are available to the customer:
- Credit card
- instant transfer/Giro Pay
- Direct debit: if you select direct debit, the customer authorizes NeverNot GmbH to collect payments from their bank account by direct debit. At the same time, she instructs her bank to redeem the direct debits drawn from her account by the seller.
- The payment methods direct debit and credit card are available as means of payment for regular deliveries within the framework of the subscription contract "nevernot Abo". The respective accounts will be debited during the contract period - continuously and always no earlier than 5 working days before and no later than 5 working days after the respective delivery; the account will be debited for the first two deliveries immediately after conclusion of the contract. The customer must ensure that the specified account or credit card has sufficient funds during the contract period so that the direct debit can be collected or the payment can be made with the credit card. For the duration of the contract period, the customer must ensure that the information regarding the selected payment method is correct and up-to-date. The customer must notify us immediately of any changes to the selected payment method, for example a change in bank details or credit card.
- Retention of title
The goods remain the property of the seller until they have been paid for in full.
- Discounts and coupons
- The seller offers one or more voucher programs (hereinafter "vouchers") and/or discount codes (hereinafter "discounts") with changing conditions and periods. There is no entitlement to receive such vouchers/discounts. The value of the voucher/discount depends on the current conditions of the voucher/discount at the time of issue.
- The vouchers/discounts mentioned are subject to an expiry period. The expiry date can be found on the respective voucher/discount. If a discount does not include an expiration date, it can be redeemed no later than six months after the date of issue; after that it loses its validity. If a voucher does not contain an expiration date, it can be redeemed up to one year after the date of issue at the latest; after that it loses its validity. If the issue date is not visible on the voucher/discount, the customer can find out this from the seller via the usual communication channels (e.g. by email to email@example.com).
- The following conditions apply to all vouchers/discounts, unless otherwise agreed:
- Coupons/discounts are non-transferrable;
- Vouchers/discounts must be redeemed when the order is placed.Subsequent crediting is not possible;
- Vouchers and/or discounts cannot be combined
- Vouchers/discounts can only be redeemed in the country in which the price is quoted.
- Coupons/discounts can only be redeemed once by one person.
- Vouchers/discounts are not applicable to gift vouchers/"gift cards" that can be purchased in the seller's online shop.
- Terms of delivery
The order will be delivered no later than the 10th working day after the order confirmation, unless
- the product description indicates a different delivery time, or
- The customer chooses a delivery time.
- The delivery address is outside of Germany. The seller will inform the customer immediately if delivery delays occur. If the seller is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding hedging transaction was made in good time, the seller has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and services received, especially payments, will be refunded immediately.
Any delivery and shipping costs will be specified separately in the order form.
- The customer has the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier took possession of the goods. In order to exercise their right of withdrawal, the customer must inform the seller of their decision to withdraw from this contract by means of a clear statement (e.g. by e-mail to firstname.lastname@example.org). You can use the attached model cancellation form for this, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient if the customer sends the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
- Consequences of revocation: if the customer revokes this contract, the seller has to pay all payments received from her, including delivery costs (except for the additional costs resulting from the fact that she/he has a other type of delivery than the cheapest standard delivery offered by the seller) immediately and at the latest within fourteen days from the day on which she received the notification of your cancellation of this contract. For this repayment, the seller uses the same means of payment that the customer used in the original transaction, unless both parties have expressly agreed otherwise; under no circumstances will the customer be charged any fees for this repayment. The seller can refuse the repayment until she has received the goods back or until the customer has provided proof that she has sent back the goods, whichever occurs first.
- The customer must return the goods or otherwise hand them over to the seller without delay and at the latest within fourteen days from the day on which he/she informed the seller of the cancellation of this contract. The deadline is met if the goods are sent before the period of fourteen days has expired. The customer bears the direct costs of returning the goods.
- The customer only has to pay for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary to check the nature, properties and functionality of the goods
- The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
SAMPLE WITHDRAWAL FORM
(For the revocation, the following or a similar clear formulation can be used):
— To nevernot GmbH, Lausitzer Str. 9, 10999 Berlin, email: email@example.com, tel.: +49 152 22 570 850
— I/we (*) hereby revoke 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 consumer(s)
— Address of consumer(s)
— Signature of consumer(s) ( only if notification is on paper)
(*) Delete where not applicable.
- Liability & Warranty
- The statutory warranty rights apply to the seller's goods, unless otherwise agreed below:
- The seller is liable - for whatever legal reason - for damages or reimbursement of wasted expenses in accordance with the following provisions:
- In the case of intent and gross negligence, the seller is liable without limitation. In the case of simple negligence, the seller is only liable for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies and may rely); in this case, however, liability is limited to compensation for typical, foreseeable damage.
- The exclusions and limitations of liability resulting from the previous point do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the condition of the item, for damage resulting from injury to life, limb or health, as well as in Case of liability under the Product Liability Act.
- Insofar as liability towards the seller is excluded or limited, this also applies to the personal liability of their legal representatives and vicarious agents.
- The customer has a statutory right to liability for defects for the services offered. If the customer is an entrepreneur, the warranty period for new goods is limited to one year and the risk of accidental loss and/or accidental deterioration of the goods is limited to the handover or, in the case of shipment, to the delivery of the goods to the selected service provider for this to the customer via.
- If goods are delivered with obvious transport damage, the customer must complain to the deliverer immediately and contact the seller immediately. The failure to make a complaint or contact us has no consequences for the legal claims of the customer and their enforcement, in particular your warranty rights. However, it helps the seller to be able to assert her own claims against the carrier or the transport insurance company.
- Final Provisions
- Insofar as a customer places the order as an entrepreneur, German law applies.The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CSIG) is not applicable.
- If the customer places the order as a merchant, legal entity under public law or holder of a special fund under public law and has no general place of jurisdiction in Germany or relocates their place of business abroad after the conclusion of the contract, the place of jurisdiction is to choose the registered office of the seller for any disputes arising from the business relationship. Mandatory legal provisions on exclusive places of jurisdiction remain unaffected.
- Consumer arbitration: we do not participate in a dispute settlement procedure before a consumer arbitration board and are not obliged to do so.
- Severability clause: the ineffectiveness of a provision of these terms and conditions has no effect on the effectiveness of the other provisions.