General Terms and Conditions of Nanetti Kids for the sale of products from the Nanetti Kids online shop
1. Conclusion of the contract
The purchaser's order in the Nanetti Kids online shop is a binding offer. The contract to purchase is concluded when the seller confirms acceptance of the order within two weeks in written form or delivers the goods ordered.
2. Prices and conditions of payment
2.1. We do not have any minimum order value condition for ordering items at Nanetti Kids webshop. You can place your order via webshop, phone, e-mail or fax. All goods, taxes and shipping costs will be charged in EURO.
2.2. Sales will take place with charging of the credit card account of the purchaser, or with paypal or with payment in advance.
2.3. Import taxes are applicable only on deliveries to countries outside the EU. The amount of any import taxes is dependent on local laws and regulations and can therefore not be stated.
2.4. The customer can only offset counter-claims against the claims of the seller if the counter-claim of the customer is undisputed or if a legally valid title exists; the customer can only enforce a right of retention providing it is based on claims arising from the sales contract.
2.5 Payment must take place within 5 days. If we can not enter receipt of payment within 7 days, Nanetti Kids is allowed to sell all concerned items elsewhere.
Bank: Sparkasse Coburg/Lichtenfels
IBAN: DE14 7835 0000 0009 4675 98
BIC/SWIFT Code: BYLADEM1COB
Please add order number and your name using bank transfer for payment in advance. Nanetti Kids will grant a discount of 5% in case of payment in advance.
3. Ordering process
The ordering process consists of six steps:
3.1. Step 1: Start online purchase order
The purchase order begins in the webshop mask when the purchaser places the selected item into their shopping basket, by pressing the "Go to Checkout" button, starts the online ordering process.
3.2. Step 2: Customer status
If the customer already has a personal account with the Nanetti Kids online shop, he simply has to enter his user name and password in the following mask. By clicking on the "Go to Checkout" button, the purchaser is taken directly to step 4.
If the purchaser does not yet have a personal account, the "I'd like to continue with my order and set up a personal account" button gives him the opportunity to set up his own personal account.
Once the required data has been entered, the purchaser can continue with his order by pressing "Go to Checkout". The purchaser also has the option to order items without setting up a personal account. To do this, he is offered the option to click on the "I'd like to continue my order but not set up an account" button and continue with his order by clicking on the "Go to Checkout" button.
3.3. Step 3: Entering personal details
The following mask allows for the entry of the details required for the processing of the order. The details required are as follows: Mr./Mrs., Title, First Name, Name, Street, Street No., Postal Code, Town, Country, PhoneNo., Email-Address. Fields marked with a * are required fields. If the goods ordered are to be delivered to a different address from the invoicing address, this is to be indicated in the checkbox "Send item to a different delivery address". The ordering process is continued by clicking on "Go to Checkout".
The purchaser's personal details are collected, processed and used exclusively for the purpose of dealing with the order in accordance with Germany's data protection laws.
3.4. Step 4: Review order / Change request
Once the required data has been entered, a summary page displays the full purchase order. The purchaser is given the option to make changes by clicking on the "Revise" button.
3.5. Step 5: Selecting the method of payment
Payment is possible payment in advance, Paypal or by credit card. The following credit cards are accepted: Master Card, Visa Electron, VISA and American Express.
3.6. Step 6: Order confirmation
Once the payment process has been completed, an order confirmation is displayed showing all the details of the order. Shortly after this, the purchaser receives a confirmation email, sent to the email address provided.
3.7. Storage of and Access to the contract document
The document of the contract will not be saved by the seller and is not accessible for the customer.
The conclusion of the contract will be in German or English.
4. Delivery times
4.1. The delivery time for standard shipments within Germany is about 48 hours, to the European Union about 7 working days and in countries outside the European Union about 14 working days.
4.2. These delivery times apply to orders received before 12 p.m. (Central European Time).
4.3. Confirmation of the delivery times for shipments outside Germany is subject to a swift customs clearance in the country of destination. Force majeure or delays for the seller or his shippers not caused by them, such as for example by civil unrest, strikes, or lockouts, which hinder the goods purchased from arriving within the delivery times stated in Clauses 4.1 and 4.2, shall alter these delivery time periods by the length of the delay to services caused by these circumstances.
5. Packaging, shipment and transport insurance
5.1. The costs of packaging and of transport insurance are included in the shipment costs.
5.2. Shipment costs for normal shipments within the European Union and Switzerland with an order value above 150.00 EUR (including value-added tax) will not be charged separately.
5.3. For shipments within the European Union and in Switzerland, with an order value below 150.00 EUR (including sales tax/VAT) as well as shipments outside the European Union (Switzerland excepted), the purchaser will be invoiced the following amounts for their order:
· Standard shipment within Germany: 5.95 EUR
· Standard shipment within the EU: 12,90 EUR
Standard shipment within Europe (Non EU): 22.00 EUR
Standard shipment in allother countries: 39,00 Euro
6. Retention of title
Until the settlement of the amount due to the seller arising out of the purchase contract, the item purchased remains the property of the seller.
7. Material defects / Objections
7.1. Claims by purchasers in respect of material defect lapse under the applicable laws and regulations two years after receipt of the item purchased.
7.2. Should a material defect occur, the purchaser has the option of choosing between the correction of the defect, the shipment of a replacement product or a credit note. Legal rights under Germany's material defect regulations remain unaffected.
7.3. The purchaser must claim a defect in the quality of the goods by calling Nanetti Kids. They will be given a reference number for the sending back of the item bought, which should be noted on the return slip included with the goods.
7.4. The return slip must be included with the returned product, so that the defect claim can be linked to the order.
7.5. The goods must be sent back to the following address:
Burgerfeld 45 C
D-85570 Markt Schwaben, Germany
7.6. In the event of a material defect, the cost of returning the goods is borne by the seller.
7.7. Once the goods have been received, a replacement product is sent to the purchaser immediately, or the amount corresponding to the purchase price is credited to him according to his choice.
The costs of returning the goods are reimbursed. If the goods are to be repaired, the seller shall arrange for the goods to be collected from the customer, shall perform the repair and shall return the repaired item to the customer free of charge.
7.8. In case of any objection, customer may contact Nanetti Kids.
7.9. This section 7. Material Defects does not apply to claims for compensation; these claims are covered by section 8. Liability.
8.1. Should the seller be legally required to make good for damage caused by minor negligence, the seller's liability shall be limited:
Liability shall arise only where duties essential to the contract are unfulfilled, such as those imposed upon the seller by the purchase contract, through its content or purpose, or where the fulfilment thereof enables the purchase contract to be duly executed, and the observance of which, the purchaser may regularly trust. This liability is limited to typical damage that could be foreseen upon the conclusion of the contract.
8.2. Independently of any fault of the seller, any liability of the seller remains unaffected in the event of a malicious concealment of the defect, through the taking out of a guarantee or procurement risk and in accordance with Germany's product liability law.
8.3. The personal liability of legal representatives, vicarious agents and employees of the seller for damage caused by them through minor negligence, is excluded. For damage caused by them through gross negligence, with the exception of legal representatives and management employees, the statutory liability established in this respect shall apply.
8.4. Limitations of liability under this section do not apply in the event of injury to life, body or health.
9. Choice of law
The provisions of this contract and the legal relationship between the parties hereto are subject to German law. The application of the United Nations Convention for the International Sale of Goods (CISG) is hereby excluded.
10. Place of fulfilment
The place of fulfilment is Munich.
11.1. Munich shall be the exclusive place of venue and jurisdiction for any and all disputes arising from or in connection with this contract if the customer is a merchant ("Kaufmann").
11.2. This place of jurisdiction shall also apply if the customer has no general place of jurisdiction within Germany, or if the customer changes his place of residence to a place outside of Germany after concluding the contract or if the place of residence is not known when the action is filed.
Instruction about Right of Withdrawal
Right of Withdrawal
You can withdraw your contractual declaration within one month without any reason, in textual form (e.g. letter, fax, email) or - if the item has been handed over to you before the deadline - by sending the goods back. The period begins upon receipt of this instruction in written form, however not before receipt of the goods and also not before the fulfilment of our duties to inform under § 312c Abs. 2 BGB and § 1 Abs. 1, 2 and 4 BGB-InfoV and 312e Abs. 1 Satz 1 BGB and § 3 BGB-InfoV.. For meeting the time limit, it will be sufficient to send notice of withdrawal or return the item in time. Your withdrawal should be sent to:
Fa. Nanetti Kids
- Nada-Kristina Mause-Imhof-
85570 Markt Schwaben
Consequences of withdrawal
In the event of a valid withdrawal, all services received by either party must be rendered back and, where applicable, any usage (e.g. benefits obtained) compensated for. Should the goods be worn or damaged, you will be required to pay the necessary compensation. This does not apply if the wear or damage to the goods can be attributed exclusively to their having been examined - as may reasonably have taken place in a shop.In any case, you can avoid the obligation to pay compensation for wear or damage that has arisen through the commissioning of the item as intended, by not treating the item as your own property and refraining from any activity that may affect its value. You have to pay for shipping costs in case of:
- Delivered goods are equal to your order and
- The price for the goods which are sent back does not exceed 40 Euro.
Any reimbursements have to be effectuated within 30 days. The period starts for you with the sending of your withdrawal or of the good, for us with the reception of you withdrawal.
After your declaration of withdrawal, the goods must be returned at the following address:
Nada-Kristina Mause Imhof
D-85570 Markt Schwaben, Germany
The return will be handled by Order Service. Purchase price and shipping costs will be reimbursed to you by return at once.
Goods must be sent back in their original packaging and in a box appropriate for the transport.
Nada-Kristina Mause Imhof
D-85570 Markt Schwaben, Germany