General terms and conditions and customer information

I. General Terms and Conditions | ND24 Nail Design | March 2023 version

§ 1 Scope, customer information

The following general terms and conditions regulate the contractual relationship between Uwe W. Göldner e.Kfm., ND24 NailDesign and the consumers (consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. ) and entrepreneurs (an entrepreneur is someone who runs a commercial business or who is classified as a merchant in the HGB for other legal reasons) who buy goods through this shop. We do not accept any conditions that conflict with or deviate from our terms and conditions. The contract language is German.

§ 2 Conclusion of contract

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

(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.

By submitting the order using the corresponding button ("buy" or similar term), you declare your legally binding acceptance of the offer, which means that the contract is concluded.

(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Customer information: Storage of your order data

We will save your order with details of the contract concluded (e.g. type of product, price, etc.). We will send you the general terms and conditions, but you can also access the general terms and conditions via our website at any time after the contract has been concluded. As a registered customer, you can access your past orders via the customer login area (user account).

§ 4 Customer information: Correction notice

You can correct your entries at any time before placing the order using the delete button. We will inform you about further correction options as you go through the ordering process. You can also end the ordering process completely at any time by closing the browser window.

§ 5 Prices and limited offers

  1. All prices are retail prices, include VAT and do not include shipping costs. Business customers will receive a business customer discount of 10% on the total value of the goods upon presentation of their trade certificate and its verification by us. To do this, you must open a customer account in our shop, where you must be logged in when placing orders in the shop. The prices apply at the time of ordering.
  2. Please note that offers in our online shop may be limited in time. This offer period is always expressly stated in special offers. Despite careful stocking, it can happen that a promotional item sells out quicker than expected. Therefore, we do not guarantee delivery. The following applies: only while stocks last.
  3. For customers outside the EU: Please note that customs duties may be payable.

§ 6 Payment and special agreements on offered payment methods

Basically we offer the following payment methods: Klarna, PayPal, cash on delivery, credit card, Amazon Pay. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Please note that we only accept payments from accounts within the European Union (EU). Any costs of a money transaction are to be borne by you. You agree that you will only receive invoices and credit notes in electronic form.

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna:

  • Direct debit (“Pay Now”)

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information about Klarna as well as the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de / .

Further information about Klarna and the Klarna Terms of Use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at / .

(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(3) Other payment

  • Credit card: Your goods will be shipped immediately after receipt of your order. If you purchase by credit card, your credit card account will be debited when we ship the order.
  • Cash on delivery: Your goods will be dispatched immediately after receipt of your order. Upon delivery, you pay the invoice amount directly to the courier who delivers the shipment. The cash on delivery fee is €6.90

§ 7 Delivery area, delivery costs and delivery times

  1. Orders and deliveries are generally only possible within Germany, Austria, Switzerland, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden , Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus possible.
  2. You can see the delivery costs and delivery times under Shipping costs & delivery times
  3. Unless otherwise agreed or otherwise stated on the article, e-payments are: payment by credit card, payment by PayPal, payment by PayPal Express, payment by PayPal (credit card, direct debit, invoice if applicable), payment by installment purchase (via PayPal), payment by instant transfer (via Klarna), payment by invoice (via Klarna), payment by installment purchase (via Klarna), payment by direct debit (via Klarna), payment by credit card (via Klarna), payment by Amazon Payments, Sofort, giropay, payment by Google Pay, payment via Apple Pay) after receipt of your order and confirmation of your payment by the payment service provider. For cash on delivery (plus cash on delivery fee of €6.90), we will notify our logistics service provider DHL of the delivery on working days after receipt of the order. If there are any delays in delivery, we will inform you immediately.

§ 8 Revocation

Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

Right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason. The cancellation period is thirty days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

To exercise your right of withdrawal, you must contact us:

ND24 Nail Design
Uwe W. Göldner e.Kfm.
Zeppelinstr. 12
73760 Ostfildern
service@nd24.de
Telephone: +49 (0)711 342 147 0
Fax: +49 (0)711 342 147 99

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. by email, telephone, fax or letter sent by post). You can use the sample cancellation form attached to the order confirmation, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the thirty day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
To ND24 NailDesign, Uwe W. Göldner e.Kfm., Zeppelinstr. 12, 73760 Ostfildern, Telephone: +49 (0)711 342 147 0, Fax: +49 (0)711 342 147 99, Email: service@nd24.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
- Date
(*) Delete what is not applicable

End of revocation

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

  1. To supply sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery.

§ 9 Retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

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

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 10 Warranty

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following warranty provisions apply:

a) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.

b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

c) The warranty period is two years from delivery of the goods. The shortening of the deadline does not apply:

- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that were used for a building in accordance with their normal use and caused its defects;
- in the event of legal recourse claims that you have against us in connection with defect rights.

§ 11 Choice of law

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 12 Address / Imprint

Uwe W. Göldner e.Kfm.
ND24 Nail Design
Zeppelinstr. 12
73760 Ostfildern
Germany

Telephone: +49 (0)711 342 147 0
Fax: +49 (0)711 342 147 99

Internet: https://www.nd24.de/
Email: service@nd24.de

Registered at the Stuttgart District Court with the commercial register number: HRA 733066
Sales tax identification number in accordance with Section 27a of the Sales Tax Act: DE 213401310

Direct further inquiries to ND24 NailDesign:
Service telephone: +49 (0)711 342 147 0
Mon.-Fri. 8 a.m. to 6 p.m. and Saturday 10 a.m. to 2 p.m
Email: service@nd24.de

II. Customer information

1. Identity of the seller

Uwe W. Göldner e.Kfm.
Zeppelinstr. 12
73760 Ostfildern
Germany
Telephone: 07113421470
Email: service@nd24.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr .

The “OS platform” can be used to resolve disputes arising from online contracts for the sale of goods and/or services between consumers and entrepreneurs.

We take part in a dispute resolution procedure before a consumer arbitration board. Responsible is:

Out-of-court dispute resolution body for consumers and entrepreneurs. v.
Gohliser Str. 6
04105
Leipzig
Link to the website of the consumer arbitration board: www.streitbeilegensstelle.org

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

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

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you.

5.4. Any costs incurred for the money transfer (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your risk.

7. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

8. Reviews in our online shop

Our products can be rated after a purchase. These reviews are then displayed for the respective product in our online shop. Reviews can only be submitted by customers who have made a purchase from us and only for the products that they have actually purchased. This process is ensured by an application we use.

These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings.