1. scope of application
1.1 Contractual Partner
These General Terms and Conditions of Sale ("GTC") shall apply to all contracts concluded via our online store ("Online Shop") between us, nuwena GmbH, represented by Ms. Anja Susanne Bettin, In der Aue 4, D-69118 Heidelberg, Germany, phone: +49 (0)6221/6566420 (you can reach us Mon.- Fri. Fr. 10-17 clock), e-mail: firstname.lastname@example.org, Commercial Register: Local Court Mannheim, HRB 721834, VAT identification number according to § 27a UStG : DE 299663427 (hereinafter referred to as "we" or "nuwena") and you as our customer who is at least 18 years old and acts as a consumer The version of the GTCs valid at the time of conclusion of the contract shall apply.
The offers in the online store are exclusively directed to (end) consumers domiciled in the Federal Republic of Germany and Austria. According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2 Conclusion of contract
2.1 Order process
The presentation and advertising of articles in our online store does not constitute a binding offer to conclude a purchase contract. You can select products from our range and collect them in a so-called shopping cart by clicking the button "Add to cart". By clicking the button "order with obligation to pay" you make a binding offer to purchase the goods in the shopping cart. Before sending the order, you can correct the data at any time by using the correction tools provided and explained for this purpose in the order process. By sending your order via the online store by clicking the button "order subject to payment", you place a legally binding order.
However, your application can only be submitted and transmitted to us if you agree to the validity of these terms and conditions by placing a corresponding check mark, thereby including them in your application and declaring that you have taken note of and understood the consumer revocation policy and our data protection information.
You are bound to your order for a period of two (2) weeks after placing it. Your possible right (if you are a consumer) to revoke your order remains unaffected. The consumer revocation instruction and the model revocation form can be found below under point 3.
2.2 Minimum order value; customary order quantities
We may only be able to consider orders with a minimum order value. If this is the case, you can find the minimum order value in the price information provided in our online store. Orders in the online store are also only possible in quantities customary for consumers. This also applies to successive orders that exceed a consumer-usual order quantity in total.
2.3 Conclusion of the purchase contract
The purchase contract is concluded by the submission of the declaration of acceptance by us, which is sent with a separate e-mail ("order confirmation"), or by shipment of the ordered goods. The use of permitted immediate payment methods by you does not lead to the conclusion of the purchase contract despite payment of the purchase price.
2.4 Storage of the contract text
We will send you the text of the contract consisting of your order, the General Terms and Conditions, the cancellation policy and the model cancellation form with the order confirmation or in a separate e-mail, but no later than upon delivery of the goods on a permanent data carrier (e-mail or paper printout). In addition, we store the contract text in compliance with data protection. You can view your past orders under your user account, if you have registered such an account. The registration of a user account is not a prerequisite for ordering.
2.5 Contract language
The language available for the conclusion of the contract is German.
3. consumer right of revocation
As a consumer, you have a statutory right of withdrawal when concluding a distance selling transaction, which we inform you about in accordance with the legal model below (section 3.1). Exceptions to the right of withdrawal are regulated in section 3.2. In section 3.3 you will find a sample withdrawal form:
3.1 Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us: nuwena GmbH, In der Aue 4, D-69118 Heidelberg, Germany, email@example.com, Phone: +49 (0)62216566420) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we will reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to the service provider Erdt Concepts GmbH Tilsiter Str. 17, D-69502 Hemsbach, which we have commissioned to take back the goods. The deadline is met if you send the goods before the deadline of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
3.2 Exclusion of the right of withdrawal
Unless we have agreed otherwise with you, the right of cancellation shall not apply, among other things, to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
3.3 Sample cancellation form
We inform you about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you want to revoke the contract, please fill out this form and send it back).
- To nuwena GmbH, In der Aue 4, D-69118 Heidelberg, firstname.lastname@example.org, Germany
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
4. prices and shipping costs; costs for return shipment in case of revocation
All prices in our online store are gross prices including the statutory sales tax and are exclusive of shipping costs. The shipping costs are indicated in our price quotations in our online store. From an order value of 30 EUR we deliver free of charge within Germany. From an order value of 40 EUR we deliver free of charge to Austria. The price including VAT and shipping costs will also be displayed in the order form before you submit your order. If we fulfill your order by partial deliveries (section 5.1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery. If you effectively cancel your contract, you can under the statutory conditions, the refund of costs already paid for shipping to you (Hinsendekosten) require (see other revocation consequences of the cancellation policy).
5. delivery conditions
5.1 Partial deliveries
We are entitled to partial deliveries, as far as this is reasonable for you.
5.2 Delivery area
We deliver only by mail order to customers who provide a delivery address in the Federal Republic of Germany or Austria. A self-collection of the goods is not possible. We also do not deliver to packing stations.
5.3 Delivery period
The delivery period shall commence in the case of payment in advance on the day after the payment order is issued to the remitting bank or, in the case of other methods of payment, on the day on which the contract is concluded and shall end on the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day. For the length of the delivery period, the information in the respective product description is decisive. If no delivery period is specified for the respective goods in our online store, it shall be a maximum of 4-5 working days, unless otherwise agreed.
5.4 Transport damage
If you are a consumer, goods are delivered with obvious transport damage, so please claim such defects as soon as possible to the delivery company and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
6. payment methods
6.1 PayPal PLUS
You can pay for the goods using the payment service "PayPal Plus" of the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). As part of the payment service "PayPal Plus", we offer you various payment methods as PayPal services. You will be redirected to the PayPal website after submitting your order. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
6.1.1 Payment via PayPal
If you have chosen the payment method "PayPal", you must be registered there to be able to pay the invoice amount or you must first register and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
6.1.2 Payment by credit card via PayPal Plus
If you have chosen the payment method "credit card", you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the order process.
6.1.3 Payment by SEPA direct debit via PayPal Plus
If you have chosen the payment method "direct debit", you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment instruction you give PayPal a SEPA direct debit mandate. You will be informed by PayPal about the date of the debit (so-called prenotification). By submitting the SEPA direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited. You will receive further instructions during the order process.
6.2.1 Coupons, promotional vouchers, etc.
Insofar as we grant you coupons, promotional vouchers or other monetary benefits, e.g. in the form of benefit codes (collectively referred to as "voucher(s)"), at our sole discretion, you may redeem them in accordance with the following terms and conditions exclusively as part of the online ordering process during the specified period of validity: All vouchers may only be redeemed once and not in combination with other promotions. Only one voucher can be redeemed per order. As far as the redemption of vouchers under a certain minimum order value per order should be excluded, we point this out to you in our offers. As far as the advantage granted by the voucher is a saving in percent or in Euro, the voucher is valid for our entire assortment, except for reduced goods and value vouchers, and will be automatically deducted from your invoice amount. Any value exceeding the invoice amount will be forfeited. A cash payment of the voucher value is excluded. If the voucher grants other monetary benefits, e.g. free product additions, e.g. in the form of product samples, we will deliver these to you with your order while stocks last.
6.2.2 Gift vouchers
Gift vouchers, which were purchased in our online store in the form of voucher codes, can be redeemed in our online store at www.bilou.de. The voucher and any remaining credit are redeemable until the end of the third year after the year of the voucher purchase. The voucher can only be redeemed before completing the order process. Subsequent offsetting is not possible. For technical reasons, only one voucher code can be redeemed per order transaction. The voucher can only be used for the purchase of goods and not for the purchase of further vouchers. A payout of the voucher amount or a remaining amount is not possible. The voucher is transferable. We can pay with discharging effect to the respective holder of the voucher. This does not apply if we have knowledge or grossly negligent lack of knowledge of the ineligibility, legal incapacity or lack of representative authority of the respective holder of the voucher.
Insofar as we grant you discounts in the online store at our sole discretion (possibly from a certain minimum order value), you can claim these exclusively within the framework of the online ordering process and during the specified period of validity in accordance with the following conditions: The discount code can be entered in the coupon field in the shopping cart as part of the order process. We grant the discount temporarily. The respective discount conditions are stated in the communication measure and can be viewed in our GTC under the point 7.1. The discount may also depend on the value of your order, the items ordered or other promotion rules. If products are not available, you do not have the right to claim a discount. If you do not select a discount, you will not be entitled to the discount after completing your order. A cash payment of the value of the discount is excluded.
7.2 Free product additions
Insofar as we grant you free product additions in the online store at our sole discretion (possibly above a certain minimum order value) (hereinafter referred to as "goodie(s)"), you can claim these exclusively within the framework of the online ordering process and during the specified period of validity in accordance with the following conditions: The available Goodies will be displayed to you in the order process. We grant goodies only while our stock lasts. Which goodies are displayed to you and how many you can select and add to your shopping cart for free may also depend on the value of your order, the items ordered or other promotion rules. If you do not select any goodie(s), you will no longer be entitled to the goodie(s) after completing your order. A cash payment of the value of the goodie(s) is excluded.
8. retention of title
The delivered goods remain our property until full payment of the purchase price.
9.1 Legal claims for defects
We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions.
Any seller's warranties given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of Section 8.1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the articles.
We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
10.2 Liability for breach of essential contractual obligations
In other cases, we shall only be liable - unless otherwise provided for in Section 9.3 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which you as the customer may regularly rely on (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in Section 9.3. The above limitation of liability shall also apply to the personal liability of our employees, representatives and bodies.
10.3 Unlimited liability
Our liability for damages resulting from injury to life, body or health and in accordance with mandatory statutory provisions shall remain unaffected by the above limitations and exclusions of liability.
All images, photos, films and texts published in our online store are protected by copyright. Their use is not permitted without the express prior written consent of the respective copyright holder.
12. set-off; rights of retention
You are not entitled to offset against our claims, unless your counterclaims are legally established or undisputed. You shall also be entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
13.1 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If at the time of your order your habitual residence is in Austria, the application of mandatory Austrian law remains unaffected by the choice of law made in sentence 1.
13.2 Customer Service
You can reach our customer service for questions, complaints and objections to your order on weekdays from 9:00 am to 5:00 pm at the telephone number +49 800 5000027 and by e-mail at email@example.com.
13.3 Dispute resolution
Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status of these GTC: July 2021