General Terms and Conditions (GTC) for the Sale of Goods

            § 1. Scope of application                                                                                                                                                                     

These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us,

Nimaxes GmbH

CEO: Dipl. -Kfm. Nima Gharebaghi

Address: Rüsbergstr. 70, 58456, Witten

Tel: +4923029410245

E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Handelsregister: Bochum, HRB 20156

Sales tax ID: DE 353917313

(hereinafter "Seller" or "we") and you as our customer (hereinafter "Customer" or "you"). The version of the GTC valid at the time the contract is concluded shall apply.

• • We do not accept deviating terms and conditions of the Customer. This shall also apply if we do not expressly object to their inclusion.
  • The GTC apply both to consumers pursuant to section 13 BGB and to entrepreneurs pursuant to section 14 BGB.
  • The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
  • The version of the GTC valid at the time the contract is concluded shall apply.

   

  § 2 Conclusion of contract

  • The presentation and advertising of goods in our online store do not constitute a binding offer to conclude a purchase contract.
  • You can select goods from our range, in particular Home und Garden, Sport, Tools, and collect them in a shopping cart by clicking the "Add to cart" button. By clicking on the button "order with obligation to pay" you submit a binding request to purchase the goods in the shopping cart. You can change and view the data at any time before submitting the order. However, the request can only be submitted and transmitted if you have accepted these terms and conditions by clicking on the "Accept terms and conditions" button and have thereby included them in your request.
  • We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the text of the contract (consisting of the order, GTC and order confirmation) on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
  • We can only accept orders for deliveries abroad with a minimum order value. The minimum order value can be found in the price information provided in our online store.

   

  • The contract is concluded in German.

   

  § 3 Terms of delivery

  • We are entitled to make partial deliveries insofar as this is reasonable for you.
  • Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 14 days.
  • If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.
  • If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

   

   

  § 4 Prices and shipping costs

  • All prices quoted in our online store are final prices and include statutory VAT. They do not include shipping costs.
  • The shipping costs are indicated in our prices in our online store. The price, where applicable, including VAT and shipping costs, will also be displayed in the order form before you submit your order.
  • If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
  • If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you (shipping costs) subject to the statutory requirements.
  • The goods are dispatched by post. If you are a consumer, we bear the shipping risk.
  • In the event of a revocation of the purchase, you must bear the direct costs of the return shipment.

   

  § 5 Terms of payment

  • You can pay in our online store by credit card, direct debit, Klarna or PayPal .
  • You can change the payment method saved in your user account at any time.
  • Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay us interest on arrears for the year at a rate of 5 percentage points above the prime rate if you have placed the order as a consumer and at a rate of 9 percentage points above the prime rate if you have placed the order as an entrepreneur.
  • The obligation to pay default interest does not exclude the assertion of further damages caused by default by us.

   

  § 6 Retention of title

  The delivered goods remain our property until the purchase price has been paid in full.

   

  § 7 Warranty

  • We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.
  • Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

   

  § 8 Liability

  • Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
  • In the event of a breach of material contractual obligations, the seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
  • The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
  • The limitations of liability resulting from paragraphs (1) and (2) shall not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

   

  You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our privacy policy at: https://nimaxes.de/en/data-protection.html

   

  § 10 Copyrights

  We hold the copyright to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.

• § 11 Statutory right of withdrawal for consumers

   

  Cancellation policy

   

  Right of withdrawal:

  You have the right to withdraw from this contract within fourteen days without giving any reason.

  The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

  To exercise your right of withdrawal, you must inform us Nimaxes GmbH, Owner: Dipl. -Kfm. Nima Gharebaghi, Adress: Rüsbergstr. 70, 58456, Witten, Telefon: +4923029410245, This email address is being protected from spambots. You need JavaScript enabled to view it. means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

   

  To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

   

  Consequences of revocation

   

  If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

  You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct 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 their condition, properties and functionality.

   

  The right of withdrawal does not apply to the following contracts:

  • Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
  • Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
  • 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.
  • Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
  • Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
  • Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
  • Contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
  • Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.

   

  Sample withdrawal form:
  
  

  (If you wish to cancel the contract, please fill out this form and send it back to us).

   

  To: Nimaxes GmbH, Dipl. -Kfm. Nima Gharebaghi, Rüsbergstr. 70, 58456, Witten, Telefon: +4923029410245, This email address is being protected from spambots. You need JavaScript enabled to view it.:

  - 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 the consumer(s)

  - Address of the consumer(s)

  - Signature of the consumer(s) (only for notification on paper)

  - Date

   

  (*) Delete as appropriate.

  § 12 European dispute resolution for consumers

  • We are neither willing nor obligated to participate in a procedure for dispute resolution before a consumer arbitration board.

   

  § 13 Applicable law and place of jurisdiction

  • The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
  • If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
  • The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

   

   

   

   

   

   

   

• 9 Data protection