Terms & Conditions
Cancellation instructions for end customers of N/GH
Right of cancellation
You can cancel your declaration of contract in written form within two weeks without an indication of reasons (e.g. letter, fax, email) or through return of the property. The notice period begins with receipt of this instruction at the earliest. For protection of cancellation period, the prompt posting of the cancellation or the object shall suffice. The cancellation must be addressed to: NIGH
BURMANN & IMIELA GmbH
Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and if applicable, benefits obtained (e.g. interest) must be released. If you can not return the payment, service or wares received, in whole or in part, or only in deteriorated condition, you must compensate us to that extent, if applicable. This does not apply for the relinquishment of property, if the deterioration of the property can be traced back to its inspection – as it would have been possible for you in the retail shop. Incidentally, you can avoid the duty of compensation, by making use of the property as if you were an owner and refrain from everything which would impair its value. Property capable of being shipped in a package must be returned. With a return shipment from a delivery of goods, the order value of which equals a total of up to 40 Euro, you are responsible for the costs of the return shipment, if the delivered goods conform to those ordered. Otherwise, the return shipment is free of charge. Property not capable of being shipped as a package will be picked up from you. The right of cancellation does not exist for the delivery of goods that are produced according to customer specifications (e.g. special configurations in regards to device-specific connections and other special designs) or are clearly tailored to the personal requirements or for delivery of software, to the extent the delivered data carriers have been unsealed (e.g. software CDs, for which the cellophane wrapper was opened) or goods that are not suitable for return due to their nature.
- End of the cancellation instructions -
Our offers are subject to confirmation in regards to price, quantity, delivery deadlines and availability for delivery.
Sales, deliveries, packaging and payments must be made exclusively at the following conditions.
The terms of the purchaser do not obligate us, even if they are not expressly rejected or the conditions of the purchaser specify that deviating conditions of the supplier should not apply or only after written approval.
Our conditions shall be deemed to be approved and contradictory conditions shall be deemed to be abandoned, if no clearly definitive, written objection to the unacceptable condition, according to type and extent, is received by us within three days.
Supply agreements, modifications, amendments and subsidiary agreements of the agreements made with our purchasers will only become binding for us through written confirmation.
The purchaser may not derive any claim against us from apparent errors, possible discrepancies in the catalog and images, writing and calculations errors.
2. Offerings and conclusion of the contract in the online shop at www.nighshop.com
2.1 The depiction of products in the online shop does not represent a legally binding offer; an invitation to order is solely at issue. All offers shall be considered as “to the extent that the supply is sufficient”, if not otherwised noted by the products. Errors excepted.
2.2 By clicking on the button “Send order”, you are making a binding order of the goods contained in the shopping cart. The confirmation of the receipt of your order follows directly after submission of the order. The purchase agreement materializes with delivery of the goods or with our separate order confirmation.
All prices are subject to differently phrased, express arrangements or charges net ex stock Würselen including packaging customary in trade, excluding freight, insurance, tolls and other incidental charges, in the stipulated currency, plus the VAT or sales tax applicable on the day of dispatch.
Delivery time specifications are always non-binding, unless fixed deadlines are expressly stipulated in writing. Partial deliveries are permissible. Repeat orders shall be deemed to be new orders. Delays in delivery and performance due to acts of God, as well as due to events that are not our responsibility, even to the extent that they occur by our preliminary suppliers, extend the delivery by the length of the impediment, or authorize us and the purchaser, if the impediment lasts more than three months, to withdraw from the contract after a reasonable grace period, in respect to the portion of the contract not yet fulfilled. If acceptance of the ordered goods does not occur in a timely manner for reasons that are the responsibility of the purchaser, we are entitled to the right to either prepare an arrears calculation or to withdraw from the contract, or to demand compensation, at our option.
Invoicing shall occur on the day of shipping, to the extent not otherwise expressly stipulated. The respective invoice amount will be immediately due and payable without deductions and charges, if not otherwise stipulated in writing. For new customers or a negative credit assessment, we can require prepayments, payments upon delivery or cash on delivery. Deliveries to foreign countries shall only be made against prepayments.
If the payment is not made upon maturity, the purchaser shall come into default, without the requirement of any additional special notification. In the event of default, we are authorized, regardless of any further claims, to charge interest and commissions in accordance with the normal rates of German banks for short-term credit, however at least in the amount of 3.5% per annum over the respective discount rate of the German Central Bank. Interest is immediately due and payable. If the purchaser is in arrears with payments from the business relationship or if we become aware of circumstances that can reduce the credit worthiness of the purchaser (e.g. judicial or administrative executions, insolvency or application for composition proceedings, negative information of recognized credit protection organizations), we can make every additional delivery contingent on prepayment, as well as make deferred receivables and bills of exchange taken in immediately due and payable, irrespective of the term.
Set-off or the exercise of rights of retention is only permissible with undisputed or legally binding accounts receivable.
If we accept bills of exchange on the basis of special arrangements, the charges are the responsibility of the customer in any event. Incidentally, it is necessary that the acceptance of checks and bills of exchange shall always only occur in payment of a debt and the purchase price claim shall consequently service for the redemption of checks and bills of exchange.
6. Retention of title
The purchaser shall first acquire the ownership in the delivered good with complete payment of the purchase price (retention of title). Until then, he may only sell the goods in the context of normal and orderly business operations and shall preferentially surrender his customer claims for this case with the placement of orders by us in the amount of the open purchase price; we hereby accept the surrender. The purchaser must insure the reserved goods against errors, water and theft and shall preferentially surrender all of his claims against the insurer and/or injuring party in the event of loss to us even now; we hereby accept the surrender.
Customary and technically unavoidable discrepancies do not justify a claim against us, whatsoever.
Otherwise, the defect must be immediately expressed to us in writing, providing exact details of the defect, no later than 10 working days after receipt of the goods by the purchaser, complaints shall be excluded upon failure to do so. Hidden defects must be immediately objected to after their discovery. In any event, warranty claims become time-barred 24 months after receipt of the goods by the customer. For justified and timely complaints, warranty claims of the purchaser are limited to the right to rectification or replacement, at our option.
The goods must always be returned free of freight charges in a cleaned condition, with a clear, comprehensible description of the error. We reserve the right to charge a processing fee for unjustified or insufficiently described complaints. For consequential damages, in particular in the area of product liability, we are liable to the extent that mandatory legal provisions that are not differently phrased obligate us, not for lost profits or other financial losses of the purchaser, in the context of warranted characteristics only if we have given that type of legally binding assurances in express written form. The warranty is excluded, if the delivery item is used improperly or was modified without our written consent, unless the defect can be verified to have existed at the time of transfer.
For the repair of returned goods, they must always be returned with a clear description of the error and in a cleaned condition. For unfounded or insufficiently described errors, we reserve the right to charge a processing fee, even if no repair was necessary.
9. Return of goods
In principal, the return of goods will only be accepted by us after prior agreement with us. They must be shipped to us free of charge.
Subject to mandatory legal provisions to the contrary, we are liable, regardless of what legal grounds, only for intentional or grossly negligent acts or omissions. The also applies for our employees, servants and agents, as well as other representatives. For materials and order components provided by the purchaser, warranties of characteristics, shipping notices, processing regulations and suchlike provided, we assume no liability whatsoever. We are not obligated to check these in terms of the Product Liability Act and/or the BGB (German Civil Code) for compliance with legal standards. In these cases, the purchaser is liable without limitation and shall indemnify us to the full extent from all claims of third parties even at the time of use.
11. Place of performance and place of venue
The place of performance for all deliveries and payments is Würselen. As far as the purchaser is a merchant registered under the German Commercial Code or a public sector corporation or legal separate estate, the exclusive place of venue shall be the jurisdiction of the court in Aachen, as exclusively agreed. However, we are authorized to also sue the purchaser in another local court having jurisdiction, at our option.
12. Final provisions
Within the scope and the limits of statutory data protection provisions, we are authorized to process and save personal data or the purchaser. The invalidity or ineffectiveness of one or more of these preceding conditions shall not affect the validity of the remaining conditions. Rather, the invalid condition or ineffective condition must be amicably amended in a manner that most closely approximates the targeted economic purpose in a legally permissible manner. The laws of the Federal Republic of Germany shall apply for the legal relationships between us and the purchaser.
BURMANN & IMIELA GmbH