Terms and Conditions
1 Scope of application
These General Terms and Conditions (GTC) apply to all deliveries by Niwiwa GmbH to consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
2. contracting party
The purchase contract is concluded with Niwiwa GmbH, authorized managing director: John Lammers, Jülicher Str. 209d, 52070 Aachen, Germany, commercial register: Amtsgericht Aachen, HRB 26902.
3 Conclusion of contract
3.1 The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
3.2 By clicking on the button [Buy / Buy now / Order with costs] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
4 Right of withdrawal
4.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
4.2 If you as a consumer make use of your right of withdrawal in accordance with section 4.1, you must bear the regular costs of the return shipment.
4.3 In all other respects, the right of withdrawal is subject to the provisions set out in detail in the following
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation 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, Niwiwa GmbH (Jülicher Str. 209d, 52070 Aachen, e-mail: info@magic-rack.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
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.
- End of the withdrawal policy -
5 Prices and shipping costs
5.1 The prices stated on the product pages include statutory VAT and other price components.
5.2 In addition to the prices quoted, we charge a flat rate of 8 euros per order for delivery within Germany. The shipping costs are clearly communicated to you again on the product pages, in the shopping cart system and on the order page.
5.3 If payment is made by cash on delivery, an additional fee of 10 euros will be charged by the deliverer on site. No further taxes or costs are incurred.
6 Delivery
6.1 Delivery is only made within Germany.
6.2 The delivery time is up to 7 days. We will point out any deviating delivery times on the respective product page.
7 Payment
7.1 Payment shall be made in advance.
7.2 If you choose to pay in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
8 Retention of title
The goods remain our property until full payment has been received.
9 Warranty for material defects
Niwiwa GmbH is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff of the German Civil Code.
10.
Non-Binding Nature of Pre-Orders
Pre-orders do not constitute a binding purchase agreement. The seller reserves the right to cancel a pre-order at any time. In such cases, any payments already made will be fully refunded. The buyer has no further claims, particularly regarding the delivery of the pre-ordered product or compensation for damages.
11. dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are prepared to participate in a dispute resolution procedure before a consumer arbitration board to resolve disputes with consumers. The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body in order to settle the aforementioned disputes.