Terms of service

General Terms and Conditions and Customer Information

General Terms and Conditions

1. Basic Provisions

(1) The following Terms and Conditions shall apply to all contracts concluded between you and us as the provider (NIQUA Vertriebs GmbH) via the website www.niqua-hobbytools.com.

Unless otherwise agreed, the inclusion of any terms and conditions provided by you is hereby expressly rejected.

(2) For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

A business customer (entrepreneur) is any natural or legal person, or a partnership with legal capacity, who enters into a legal transaction in the exercise of their independent professional or commercial activity.

2. Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing a product on our website, we submit a binding offer to conclude a contract under the terms specified in the respective product description.

(3) The contract is concluded through the online shopping cart system as follows:

The goods you intend to purchase are placed in the shopping cart.
You may access the shopping cart at any time via the corresponding button in the navigation bar and make changes before completing your order.
After proceeding to the Checkout page and entering your personal details, payment information, and shipping details, you will be presented with an order summary displaying all order information for your review.

If you choose an instant payment method (e.g. PayPal, PayPal Express, Amazon Pay, or Sofort), you will either be directed to our order summary page or first redirected to the website of the respective payment service provider.

There you will complete the required payment information before being returned to our online shop and the order summary page.

Before submitting your order, you have the opportunity to:

review all information entered,
modify your order (including by using your browser's Back function),
or cancel the ordering process.

By clicking the "Order with obligation to pay" button, you legally accept our offer, thereby concluding the purchase contract.

(4) Requests for quotations submitted by you are non-binding.

We will provide you with a binding offer in text form (e.g. by e-mail), which you may accept within five (5) days.

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly by automated e-mail.

You are therefore responsible for ensuring that:

the e-mail address you provide is correct,
you are able to receive our e-mails,
and, in particular, that our e-mails are not blocked by spam filters.

3. Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are a business customer, the following shall also apply:

a) We retain title to the goods until all outstanding claims arising from the ongoing business relationship have been settled in full.

Prior to the transfer of ownership of the goods subject to retention of title, pledging or transferring the goods as security is not permitted.

b) You are entitled to resell the goods in the ordinary course of business.

In this case, you hereby assign to us all claims arising from such resale up to the amount of the invoice value. We hereby accept this assignment.

You remain authorized to collect these claims. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claims ourselves.

c) If the goods subject to retention of title are combined with or mixed into other items, we shall acquire co-ownership of the new item in proportion to the invoice value of the retained goods relative to the other processed items at the time of processing.

d) At your request, we shall release any securities to which we are entitled insofar as the realizable value of our securities exceeds the secured claims by more than 10%.

We shall decide which securities are to be released.

4. Warranty

(1) The statutory warranty rights shall apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify both us and the carrier of any complaints as soon as possible.

Failure to do so shall not affect your statutory warranty rights.

(3) If you are a business customer, the following shall apply instead of the statutory warranty provisions:

a) The agreed quality of the goods shall be determined exclusively by our own specifications and the manufacturer's product description.

Public statements, advertising, or other promotional claims made by the manufacturer shall not be deemed part of the agreed quality of the goods.

b) In the event of defects, we shall, at our discretion, provide remedy either by repair or replacement.

If the remedy fails, you may, at your discretion, demand a reduction of the purchase price or withdraw from the contract.

The remedy shall be deemed to have failed after the second unsuccessful attempt unless the nature of the goods, the defect, or other circumstances indicate otherwise.

In the event of repair, we shall not be required to bear the additional costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) The warranty period shall be one (1) year from delivery of the goods.

This limitation of the warranty period shall not apply:

to damages resulting from injury to life, body, or health caused by our fault;
to damages caused intentionally or through gross negligence on our part;
where we have fraudulently concealed a defect or expressly guaranteed the quality of the goods;
to goods which, in accordance with their customary use, have been incorporated into a building and have caused the building to be defective;
to statutory rights of recourse arising in connection with warranty claims.

5. Governing Law, Place of Performance, Jurisdiction

(1) The laws of the Federal Republic of Germany shall apply.

For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

(2) The place of performance for all obligations arising from the business relationship, as well as the place of jurisdiction, shall be our registered place of business, provided that you are a merchant, a legal entity under public law, or a special fund under public law.

The same shall apply if you have no general place of jurisdiction in Germany or another Member State of the European Union, or if your place of residence or habitual residence is unknown at the time legal proceedings are initiated.

This shall not affect the right to bring proceedings before any other court having jurisdiction under applicable law.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Customer Information

Seller Information

NIQUA Vertriebs GmbH

Schulstraße 19
56290 Beltheim
Germany

Phone: +49 6762 4093-00

E-mail: shop-hobbytools@niquagroup.com

Alternative Dispute Resolution

The European Commission's Online Dispute Resolution (ODR) platform is no longer available.

We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

The competent arbitration body is:

General Consumer Arbitration Board of the Centre for Arbitration (Zentrum für Schlichtung e.V.)
Straßburger Straße 8
77694 Kehl am Rhein
Germany

Website: https://www.verbraucher-schlichter.de

Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the available options for correcting input errors are governed by the provisions set out under "Conclusion of the Contract" in our General Terms and Conditions (Part I).

Contract Language and Storage of the Contract Text

3.1 Contract Language

The contract language is German.

3.2 Storage of the Contract Text

We do not store the complete contract text.

Before submitting your order via the online shopping cart system, you may print or electronically save the contract data using your browser's print function.

After we receive your order, the order details, the legally required information for distance selling contracts, and these General Terms and Conditions will be sent to you again by e-mail.

3.3 Requests for Quotations

For quotation requests submitted outside the online shopping cart system, you will receive all contractual information in the form of a binding offer in text form (e.g. by e-mail).

You may print or electronically save these documents.

Codes of Conduct

4.1 Händlerbund

We have committed ourselves to complying with the Händlerbund Buyer Seal Quality Criteria as well as the Ecommerce Europe Trustmark Code of Conduct.

Further information is available at:

https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf

https://www.ecommercetrustmark.eu/the-code-of-conduct/

Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective product description.

Prices and Payment Terms

6.1 Prices

All prices stated in the respective offers, including shipping costs where applicable, are total prices.

They include all price components, including applicable taxes.

6.2 Shipping Costs

Shipping costs are not included in the purchase price.

They are displayed separately during the ordering process and must be paid by the customer unless free shipping has been expressly offered.

6.3 Deliveries Outside the European Union

Deliveries to countries outside the European Union may be subject to additional costs beyond our control.

These may include, for example:

Customs duties
Taxes
Money transfer fees
Currency exchange fees charged by financial institutions

These costs shall be borne by the purchaser.

6.4 Payment Transaction Fees

Any bank transfer fees or currency exchange charges incurred shall be borne by the purchaser if payment is initiated from outside the European Union.

6.5 Payment Methods

The payment methods available for your order are displayed during the checkout process and in the respective product offer.

6.6 Due Date

Unless otherwise specified for a particular payment method, payment is due immediately upon conclusion of the contract.

Delivery Conditions

7.1 Delivery

Delivery conditions, estimated delivery times, and any delivery restrictions are specified in the respective product offer or on the relevant pages of our website.

7.2 Transfer of Risk

If you are a consumer, the risk of accidental loss or accidental deterioration of the goods passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured.

This shall not apply if you have independently commissioned a carrier or another person not designated by us to carry out the shipment.

If you are a business customer, delivery and shipment shall be made at your own risk.

Statutory Warranty Rights

Statutory warranty rights shall apply in accordance with the provisions set out under "Warranty" in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information have been prepared by legal specialists of Händlerbund and are continuously reviewed for legal compliance.

Händlerbund Management AG guarantees the legal reliability of these texts and accepts liability in the event of justified legal claims within the scope of its legal protection services.