Terms of Service
1. Scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
Consumers are any natural person who enters into a legal transaction for purposes which are largely excluded from their commercial or self-employed activities. Entrepreneur is a natural or legal person or a legal person who handles a commercial transaction in the course of a commercial or independent professional activity.
Contrary to entrepreneurs, this Agreement also applies to future business relations without our having to point out to you again. If the Contractor uses opposing or supplementary General Terms and Conditions of Business, its validity is hereby contradicted; They will only become part of the contract if we have expressly consented to it.
2. Contracting party, conclusion of contract
The purchase contract comes into being with e. K Nakhla.
By placing the products in the online shop, we submit a binding offer to conclude the contract. You are free to add our products without obligation to the shopping basket and correct your entries at any time before submitting your binding order by using the corrective aids provided for this purpose in the order process. The contract is concluded by accepting the offer via the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract renewal
The languages available for the contract are German and English.
We store the contract text and send you the order data and our terms and conditions by e-mail. You can also read the terms and conditions on this page at any time. Your past orders are no longer accessible on the Internet for security reasons.
4. Terms of delivery
In addition to the indicated product prices are still shipping costs added. You can find out more about the shipping costs at the offered.
You have the possibility to pick up at e.K Nakhla, Theodor Brauer Str 35, 51063 Cologne, Germany at the following business hours: 08:00 to 20:00.
We do not deliver a packing stations.
The following payment methods are available in our shop:
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there, or you must first register, confirm with your Main (access data.php): and confirm payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is automatically carried out by PayPal immediately afterwards. You’ll get more information during the ordering process.
After submitting the order, you will be redirected to the website of the online provider immediately transfer. In order to be able to pay the invoice amount immediately, you must have an online banking account with pin / tan procedure, which is authorized to participate in an immediate transfer, can legitimize accordingly and confirm payment instructions to us. You’ll get more information during the ordering process. The payment transaction is carried out immediately after the transfer and your account is debited.
6. Proprietary reservation
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We reserve the right to ownership of the goods until full settlement of all claims arising from a current business relationship. You may resell the reserved goods in ordinary business; Any claims arising out of this resale shall be paid to us in advance, irrespective of the connection or mixing of the reserved goods with a new item – in the amount of the invoice amount and we accept this assignment. They remain authorized to collect receivables, but we may also collect claims ourselves, insofar as they do not fulfill their payment obligations.
7. Transportation damage
If goods were delivered with obvious transport damages, please report such faults to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your legal claims and their enforcement, in particular their warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, freight carrier or the person or institution who is otherwise destined to carry out the dispatch. Among merchants, the obligation to investigate and to notify the seller is governed by § 377 HGB. If you fail to comply with the advertisement provided there, the goods shall be deemed to be approved, unless this is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise, the statutory right of non-liability shall apply. For consumers, the limitation period for claims for defects for used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; The statutory periods of limitation for the right of recourse pursuant to § 478 BGB shall remain unaffected.
As an agreement on the quality of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material.
If the delivered item is defective, we shall provide the supplier with a guarantee by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
In case of injury to life, body or health
In case of intentional or grossly negligent breach of duty as well as fraudulent intent
In the case of violation of material contractual obligations, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligations)
In the context of a guarantee promise, if agreed
As long as the scope of the Product Liability Act is in force.
Information about any applicable additional warranties and their exact terms can be found at the product and on special information pages in the onlineshop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
In case of injury to life, body or health,
In case of intentional or grossly negligent breach of duty,
In case of warranty, as agreed, or
As long as the scope of the Product Liability Act is in force.
In the event of a breach of essential contractual obligations, which can only be carried out on the basis of the proper execution of the contract, and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability shall depend on the foreseeable liability Damage that is typically expected to occur. Furthermore, claims for damages are excluded.
10. Dispute Resolution
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie hier finden http://ec.europa.eu/consumers/odr/.
Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
11. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you are a merchant in the sense of the German Commercial Code, legal person of public law or public special fund, exclusive jurisdiction for all disputes arising from contractual relations between us and you.