In the present online shop, the consumer can enter into contracts in order to purchase goods and/or services. For this purpose, the consumer is given the information below. This information does not constitute any provisions of the contract between the Seller and the consumer. The contract is determined exclusively by the content of the order form, the statements exchanged between the Seller and the consumer and the General Terms and Conditions of Sale of this shop.
Seller’s details
• Company: Verlag Nicolas Unger, individually-owned firm
• Legal representative: Nicolas Unger
• Address: Erlenweg 16, 67360 Lingenfeld, Germany
• Telefax: +49 (0) 32 12 – 12 4 17 14
• Telephone: +49 (0) 176 2338 10 10
• Email: info@nicolasunger.com
• VAT ID number: DE298549720
• Conclusion of the contract
On the Seller’s website, the consumer informs him/herself about the Seller’s range of products and services, the current prices specified there and any other costs. To purchase the desired goods/services, the consumer clicks on the associated buttons (“into the shopping cart”) and then enters the information requested for the order transaction. The consumer accepts the Seller’s General Terms and Conditions of Sale (link) by clicking on the corresponding box. Before completing the order transaction, the consumer can check all information given again, correct errors and check the order again.
By sending the completed order form (button: “Send order”), the consumer then makes a binding offer for the purchase of the goods / services to the Seller.
The Seller will then immediately send a confirmation of the receipt of the order by email and will transmit the information provided by the consumer plus the Seller’s General Terms and Conditions of Sale in textual form by email to the consumer. This automatically sent confirmation of receipt shall not constitute the binding acceptance of the order by the Seller.
The Seller’s legally binding acceptance of the order is effected afterwards, either by the Seller’s sending a second email to the consumer in which the Seller expressly confirms the order of the goods / services and the conclusion of the contract or by the Seller’s shipping the goods to the consumer. Up to this point of time, the Seller shall be entitled to decline the order, e.g. if the goods are no longer available or if the price has changed.
• Storage and accessibility of the text of the contract
Upon the conclusion of the contract, the Seller will store the text of the contract including all order data, and the consumer can always retrieve this text as an email at the following link info@nicolasunger.com and by stating his/her order number. The email will be sent to the consumer’s address stated on the order. The consumer can print out or download a permanent copy (pdf file) of the text of the contract including the order data, the Seller’s General Terms and Conditions of Sale as applicable on the date on which the contract is concluded and this consumer information at the end of the order transaction by clicking on the buttons “Print order”, “Print consumer information” and “Print General Terms and Conditions of Sale”.
• Essential features of the goods / services
The essential features of the goods / services offered by the Seller, their availability and the validity of offers remaining open for a limited period, if any, can be found in the respective product descriptions and information provided in the online shop.
• Reservation of performance
Should the Seller despite adequate prior stocking be unable to deliver the goods in time or be unable to deliver the goods at all due to the Seller’s first supplier failing to deliver contrary to the terms of the agreement, the Seller shall inform the customer immediately. In case of delays in delivery, it is left to customer’s discretion to either wait for the goods ordered or to cancel the order and/or to withdraw from the contract. If delivery becomes impossible, both parties shall be entitled to withdraw from the contract. In this case, the Seller shall refund any payments made by this time to the customer.
• Price information
The applicable prices are the prices valid at the time the order is placed. The prices are shown together with the respective goods / services and in the shopping cart later on. All prices stated are gross prices inclusive of VAT. Payment of the purchase price is due upon the delivery of the goods and/or the provision of the service ordered.
• Shipping charges and ancillary costs
Any additional shipping charges and other ancillary costs can always be found on the price information page (link) and will be shown to the customer again before the completion of the order transaction.
• Return costs in case of order cancellation
Should the customer cancel the order, the customer shall bear the regular costs of the return shipment if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of € 40.00, or if, in case of a higher price of the goods, the customer has not executed the consideration or made a partial payment agreed under the contract at the time of cancellation. Otherwise, the return of goods shall be free of charge for the customer
• Cancellation policy =================================
Right of cancellation
You can cancel your purchase agreement in textual form (e.g. by letter, fax, email) within 14 days without stating the reasons, or, in case of the delivery of goods – if you have received the goods before the expiry of the cancellation period – by returning the goods. The cancellation period shall begin to run upon your receipt of this cancellation policy in textual form; however, in case of the delivery of goods it shall not begin to run until the your receipt of the goods (for repeated deliveries of the same kind of goods not until receipt of the first partial delivery); if services are provided, not until the conclusion of the contract and in all cases not until we have fulfilled our duty to inform pursuant to Article 246 Section 2 in connection with Section 1 Sections 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) and our duties pursuant to Section 312g Subs. 1 Clause 1 of the German Civil Code (BGB) in connection with Article 246 Section 3 of the Introductory Law to the German Civil Code. Your timely sending the cancellation notice or timely return of the goods shall be sufficient for compliance with the cancellation period. Cancellations shall be directed to:
Verlag Nicolas Unger
Erlenweg 16
67360 Lingenfeld
Germany
Consequences of cancellations
In case of an effective cancellation, the parties shall restore what has been mutually received in performance of the contract and shall return any derived benefits (e.g. interest). Should you be unable to restore what you have received in performance of the contract and any derived benefits (e.g. benefits from use) either in full or in part or in a deteriorated state only, you will have to compensate us for the lost value. In case of services, this may lead to your having to fulfil your payment obligations under the contract nonetheless for the period until cancellation. In case of the supply of goods, you will have to compensate us for the lost value caused by the deterioration of the goods and for derived benefits only if the benefits or the deterioration can be attributed to your handling of the goods in a manner which exceeds the inspection of the quality and the function. “Inspection of the quality and the function” means testing and trying out the respective goods in the manner possible and usual in a shop.
Goods that are consignable by parcel post shall be returned at our risk. You shall bear the regular costs of the return shipment if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of € 40.00, or if, in case of a higher price of the goods, you have not executed the consideration or made a partial payment agreed under the contract at the time of cancellation. In all other cases, the return of goods shall be free of charge for you. Goods that are not consignable by parcel post will be picked up at your address.
Obligations to refund payments shall be fulfilled within 30 days. For you, the period shall begin to run upon your sending us your notice of cancellation or your return of the goods; for us, it shall begin to run upon our receipt of the returned goods from you.
Special notes
In case of the provision of services, your right to cancellation will expire prematurely if both parties have completely performed the contract at your express request before you have exercised your right to cancellation.
End of the cancellation policy ===========================
The right to cancellation shall not apply to distance contracts
– relating to goods produced to the customer’s specifications
– clearly tailored to the customer’s personal needs
– which due to their nature are not suitable for return, or
– relating to the supply of audio or video recordings or to software if the consumer has broken the seal of the data carriers supplied.
–—————————– Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it)
– To Verlag Nicolas Unger, Erlenweg 16, 67360 Lingenfeld, Email address: info@nicolasunger.com:
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods
– Ordered on (*)/ received on (*)
– Name of customer(s)
– Address of customer(s)
– Signature of customer(s) (only if cancellation is sent by letter)
– Date
(*) Delete if inappropriate.
• Language
For the conclusion of the contract, only the German version is available.
• Codes of conduct
The Seller is not subject to any particular codes of conduct.
• Terms of warranty
With regard to our terms of warranty, we refer to our General Terms and Conditions of Sale (link).
Should you have any questions regarding this matter, our customer service will gladly provide assistance at any time at info@nicolasunger.com. You can also contact our customer service here.