General Terms and Conditions
- Area of validity
The following General Terms and Conditions – which at the same time contain statutory information in accordance with the regulations in the German Distance Selling Act (Fernabsatzgesetz) and in electronic commerce – shall apply exclusively to all supplies and services (hereinafter designated as “services”) by NAGY COLLECTION to consumers (Art. 13 of the German Civil Code (BGB)).
A consumer shall be deemed to be any natural person who concludes a legal transaction for a purpose which can be attributed neither to its industrial/commercial nor to its self-employed professional work.
- Conclusion of contract
- The contract of sale shall be concluded with:
Hana Kiera Nagy,
acting under the registered company name: NAGY COLLECTION,
Heisinger Str. 320,
Business Activity Register (Gewerberegister) of the City of Essen
VAT ID No. (Ust-ID Nr.): DE 247655404
Lieb Ju Design’s customer service can be reached by e-mail at INFO@NAGY-COLLECTION.COM in the event of queries, complaints and objections.
2.2 The product presentations in the online shop do not represent any legally binding offer but a non-binding online catalogue. Errors excepted. By clicking the button “Place Order” the customer submits a binding offer of purchase. Before submission of the offer of purchase the customer is shown the purchase order in the “cart”. The customer can correct mistakes in his/her purchase order in the “cart” by changing the number of goods placed in the shopping cart or deleting the individual goods item. After receipt of the purchase order NAGY COLLECTION confirms the purchase order by e-mail without delay. With this purchase order confirmation Lieb Ju Design accepts the customer’s offer of purchase.
- Prices and shipping costs / delivery
3.1 The prices are given in euros and are to be understood as including value-added tax and other price components.
3.2 Delivery within Germany is free of shipping costs.
3.3 Delivery outside of Germany
Additional terms and conditions for EU internal market outside of Germany, EFTA States and third countries.
For the delivery of services, which are not marked, delivery costs amount to foreign postage, insurance and packaging:
- 18€ for delivery to EU or EFTA States (Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, The Netherlands, Italy, Ireland, Croatia, Latvia, Lithuania, Luxembourg, Malta, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Principality of Liechtenstein, Iceland, Norway, Switzerland) as well as Andorra, Monaco and Vatican City State.
- 40€ for delivery to Argentina, Australia, Bahrain, Bosnia-Herzegovina, Brazil, China, Dubai, Gibraltar, Hong Kong, Japan, Canada, Archipelago of Cape Verde, Malaysia, Republic of Macedonia, Mexico, Moldavia, Montenegro, New Zealand, Peru, Serbia, Singapore, South Africa, South Korea, Taiwan, Thailand, Turkey, USA and UAE.
- 65€ for delivery to Albania, The Commonwealth of The Bahamas, Barbados, Brunei, Qatar, Kuwait, Oman, Philippines.
3.4 Value added tax and customs:
EU internal market:
Each bill is made out accordingly with valid German VAT. The tax is already included in our catalogue prices. Therefore, country specific taxes are unlevied and no longer apply to the customer.
EFTA states and third countries:
The German value added tax of 19% is deducted from the catalogue price. The delivering post office is responsible for charging the country specific taxes. This can lead to additional fees.
3.5 If you require delivery to a country that is not listed above, please get in touch with us: firstname.lastname@example.org.
3.6 The maximum order value is 3,000.00 euros. Lieb Ju Design sells its products only in standard retail quantities. A purchase order may comprise a maximum of 5 items per article. For purchase orders with a higher order volume please get in touch with us: email@example.com.
3.7 The delivery time shall be, unless stated otherwise in the quotation, up to 7 work days for delivery within Germany and up to 14 work days for delivery to the countries stated under Item 3.3.
3.8 If Lieb Ju Design, after receipt of the purchase order, ascertains the non-availability of the goods ordered and marked as being available, Lieb Ju Design can in the event of the conclusion of a contract withdraw from the contract if Lieb Ju Design through no fault of its own is not supplied by its supplier. Lieb Ju Design shall in this case inform the customer without undue delays and refund any possible advance payments.
3.9 Should not all of the products ordered be in stock, Lieb Ju Design shall be entitled to make part deliveries at its own expense if this is acceptable for the customer.
- Terms of payment
4.1 Payment shall be made optionally by cash in advance, direct debit (only for payments within Germany) credit card (processing by Paypal) or Paypal.
4.2 In the case of payment by credit card the customer’s account will be debited upon dispatch of the goods. In the event of the selection of the cash in advance mode of payment, Lieb Ju Design banking details will be stated in the order confirmation. The invoice amount is to be transferred to the account stated within 7 days.
Make your payments comfortably.
Cash in advance payment option:
By choosing the prepayment method, or cash in advance option, we will include our bank details in the confirmation of order. The invoice amount is to be paid in full within 7 days to the aforementioned account.
PayPal payment option:
If you have a PayPal account, please choose the Paypal payment method while making your order.
Direct debit payment option:
Pay the amount in full comfortably with the direct bank transfer option. Please have your PIN and TAN numbers ready. The entire order value will be debited from your account, irrespective of the individual order item’s immediate availability.
Credit card payment option:
We accept payment with Visa, Mastercard or American Express. The amount is reserved upon making the order. The credit card is charged upon dispatch of the goods.
4.3 The customer shall only be entitled to offsetting if the counterclaims are not disputed or have been the subject of a legally binding court decision.
- Retention of title
Ownership of the goods shall be retained by Lieb Ju Design until they have been paid for in full. Before the transfer of ownership no pledging, transferring by way of security, processing or redesign shall be permitted without NAGY COLLECTION’s consent.
6.1 The warranty shall be provided in accordance with the statutory provisions.
6.2 No guarantees in the legal sense shall be provided for the customer by LNAGY COLLECTION
7.1 Lieb Ju Design shall be liable for damage/loss caused by it or its employees by intent or gross negligence. Liability for slight negligence shall be deemed to exist only in the case of the breach of cardinal obligations. To be understood by cardinal obligations are obligations which are to be granted in accordance with the meaning and purpose of the specific contract or only the meeting of which makes the correct and proper performance of the contract possible in the first place at all and on the meeting of which the other party to the contract may regularly rely.
7.2 The above restriction of liability shall not apply in the case of injury to life and limb or impairment of health or in the case of guarantee promises made which according to their contents particularly serve the very purpose of securing the other party to the contract against the damage/loss incurred. Moreover, the restriction of liability shall not apply in the cases of mandatory liability under the provisions of the German Product Liability Act (Produkthaftungsgesetz).
- Right of revocation
8.1 Consumers shall have a fourteen-day right of revocation.
Instruction regarding Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Hana Kiera Nagy, NAGY COLLECTION, Heisinger Str. 320, 45259 Essen) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End Instruction regarding Right of withdrawal
8.2 The right of revocation does not exist for the delivery of goods which were manufactured to the customer’s specifications.
- Revocation form
If you wish to revoke this contract, you can for that purpose use this specimen revocation form that is, however, not mandatory.
Model Withdrawal Form
If you wish to withdraw from the contract, please fill in and return this form.
- to: Hana Kiera Nagy, NAGY COLLECTION, Heisinger Str. 320, 45259 Essen
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for 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 if this form is notified on paper)
(*) Delete where inapplicable.
- Final provisions
10.1 Lieb Ju Design saves the contract text and sends the order data and the General Terms and Conditions to the customer by e-mail. The customer can view his past purchase orders in the customer Log-in area.
10.2 The language of the contract shall be German.
10.3 The contract shall be governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on the International Sale of Goods.
10.4 If the customer does not have his/her general place of jurisdiction in Germany or if he/she moves his/her place of residence or his/her usual place of residence to outside of the region of validity of the Federal Republic of Germany, the place of jurisdiction shall be Essen. This shall also apply if the customer’s place of residence or usual place of residence is not known at the point in time of the institution of legal proceedings.
10.5 Should any provision of this contract including this condition be or become wholly or partially ineffective, the effectiveness of the remaining provisions shall not be affected by this. In place of the ineffective provision the relevant statutory regulations shall apply.