General terms and conditions of business

§ 1 SCOPE AND PROVIDER

1. These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all orders you place in the online shop
   
   nicoletagallery.com
   Owner Nicoleta Albei-Wigger
   LIVING BERLIN, 3rd floor
   Kantstrasse 17
   10623 Berlin
   
   make.
2. The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
3. Our deliveries, services and offers are carried out exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.
4. The contract language is exclusively German.
5. You can read the currently valid General Terms and Conditions on the websitewww.nicoletagallery.comretrieve and print out.

§ 2 CONCLUSION OF CONTRACT

1. The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2. By clicking on the “Order with obligation to pay” button, you are making a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
3. After receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through confirmation of receipt.
4. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without a prior express declaration of acceptance

§ 3 PRICES

The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs. Further information about shipping costs can be found on our website under “Shipping and Payment”.

§ 4 PAYMENT TERMS; DEFAULT

1. Payment can be made either by: invoice in advance, cash on delivery, credit card, Paypal, direct debit or cash upon collection.
2. It is our responsibility to select the available payment methods. In particular, we reserve the right to only offer you selected payment methods for payment, for example only advance payment to protect our credit risk.
3. If you choose the payment method in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 3 days of receiving the order confirmation.
4. If paying by cash on delivery, an additional fee of EUR 5.60 (plus VAT) will be charged, which will be charged by the delivery person on site. There are no further costs or taxes.
5. If you pay by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be charged at the time we ship the goods to you.
6. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
7. When paying by direct debit, you may have to bear the costs that arise as a result of a payment transaction being reversed due to insufficient funds in the account or due to incorrect bank details being transmitted by you.

§ 5 OFFSET / RIGHT OF RETENTION

1. You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or has a close synallagmatic relationship to our claim.
2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 DELIVERY; RETENTION OF TITLE

1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
2. The goods remain our property until the purchase price has been paid in full.
3. As an exception, we are not obliged to deliver the ordered goods if we ordered the goods properly but were not delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately refund any payments you have already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
4. If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:

• 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.
• You may 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. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
• 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.
• We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 7 CANCELLATION POLICY

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that cannot primarily be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must contact us

nicoletagallery.com
Owner Nicoleta Albei-Wigger
LIVING BERLIN, 3rd floor
Kantstrasse 17
10623 Berlin

Tel: +49 (0) 151 629 969 6
Email: nicoalbei@live.de

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, 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 additional costs resulting 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 the goods to us or to [if applicable] immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. Name and address of a person authorized by you to receive the goods]. The deadline is met if you send the goods before the fourteen 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.

End of revocation

1. The right of withdrawal does not apply to deliveries and orders

• of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. production according to your size and color specifications),
• sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,
• of goods if, due to their nature, they were inseparably mixed with other goods after delivery,

1. Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to damage caused by inadequate packaging.
2. Before returning, please call us on +49 (0) 151 629 969 6 to announce the return. In this way, you enable us to assign the products as quickly as possible.
3. Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 TRANSPORT DAMAGE

1. If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and contact us as quickly as possible.
2. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

§ 9 WARRANTY

1. Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB).
2. If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the period of liability for warranty claims for used items - contrary to the statutory provisions - is one year. This limitation does not apply to claims due to damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
3. Otherwise, the legal provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438 Paragraph 1 No. 3 BGB.
4. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:

• Only our own information and the manufacturer's product description are binding regarding the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
• You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
• In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (supplementary performance). 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.
• If supplementary performance fails twice, you can choose to demand a reduction or withdraw from the contract.
• The warranty period is one year from date of delivery.

§ 10 LIABILITY

1. Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence.
2. Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents.

§ 11 ALTERNATIVE DISPUTE RESOLUTION

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without going to court. The dispute resolution platform is externalhttp://ec.europa.eu/consumers/odr/reachable.

We endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.

§ 12 FINAL PROVISIONS

1. If one or more provisions of these General Terms and Conditions are or become ineffective, this will not affect the effectiveness of the remaining provisions.
2. German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
3. If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

As of: June 2023