Terms of service
1. Scope
1.1 Contractual Partner
These General Terms and Conditions of Sale (“GTC”) apply to all contracts concluded via our online shop (“Online Shop”) between us, nuwena GmbH, represented by Ms. Anja Susanne Bettin, In der Aue 4, D-69118 Heidelberg, Germany , telephone: +49 (0)6221/6566420 (you can reach us Monday to Friday from 10 a.m. to 5 p.m.), e-mail: info@nuwena.de, commercial register: District Court of Mannheim, HRB 721834, sales tax identification number in accordance with Section 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 General Terms and Conditions valid at the time the contract is concluded is decisive.
1.2 Consumer
The offers in the online shop are aimed exclusively at (end) consumers based in the Federal Republic of Germany and Austria. According to Section 13 of the German Civil Code, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2. Conclusion of contract
2.1 Ordering Process
The presentation and advertising of articles in our online shop 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 "Add to shopping cart" button. With the button "order with obligation to pay" you submit a binding request to purchase the goods in the shopping cart. Before sending the order, you can correct the data at any time by using the correction aids provided and explained in the order process. By sending your order via the online shop by clicking on the button "Order with obligation to pay" you place a legally binding order.
However, your application can only be submitted and sent to us if you agree to the validity of these terms and conditions by ticking the appropriate box, thereby including them in your application and declaring that you have read and understood the consumer cancellation policy and our data protection information.
You are bound by your order for a period of two (2) weeks after it has been placed. Your existing right (if you are a consumer) to cancel your order remains unaffected. The consumer cancellation policy and the model cancellation form can be found below under point 3.
2.2 Minimum order value; customary order quantities
We may only be able to consider orders above a minimum order value. If this is the case, you can find the minimum order value in the price information provided in our online shop. Orders in the online shop are generally only possible in quantities that are usual for consumers. This also applies to consecutive orders that total more than a normal consumer order quantity.
2.3 Conclusion of the purchase contract
The purchase contract is concluded when we issue the declaration of acceptance, which is sent in a separate e-mail (“order confirmation”), or when the ordered goods are shipped. The use of approved instant payment methods by you does not lead to the conclusion of the purchase contract despite the purchase price payment.
2.4 Storage of the text of the contract
We will send you the contract text consisting of your order, the 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 durable medium (e-mail or paper printout). In addition, we save the text of the contract in compliance with data protection. You can view your past orders under your user account if you have registered one. Registering a user account is not a prerequisite for placing an order.
2.5 Contract Language
The language available for the conclusion of the contract is German.
3. Consumer Right of Withdrawal
As a consumer, you have a legal right of withdrawal when concluding a distance selling transaction, about which we will inform you below in accordance with the legal model (section 3.1). Exceptions to the right of withdrawal are regulated in Section 3.2. In Section 3.3 you will find a sample cancellation form:
3.1 Cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason. 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 send us: nuwena GmbH, In der Aue 4, D-69118 Heidelberg, Germany, info@nuwena.de, phone: +49 (0)62216566420) by means of a clear statement (e.g. a with letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form for this, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we will have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees 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 earlier.
You must send the goods back to the service provider Erdt Concepts GmbH Tilsiter Str. 17, D-69502 Hemsbach, which we have commissioned to take back the goods, without delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract or to hand over. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
3.2 Exclusion of the right of withdrawal
Unless we have agreed otherwise with you, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
3.3. Sample cancellation form
We will inform you about the sample revocation form according to the legal regulations as follows:
Sample cancellation 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, info@nuwena.de, Germany
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
– Date
(*) Delete where not applicable.
4. Prices and shipping costs; Shipping costs in the event of cancellation
All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs. The shipping costs are specified in our price information in our online shop. 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 sales tax and any shipping costs is also displayed in the order form before you send off your order. If we fulfill your order with 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 calculate shipping costs for each partial delivery. If you revoke your contractual declaration effectively, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (delivery costs) (cf. the instructions on revocation for other consequences of revocation).
5. Terms of Delivery
5.1 Partial Deliveries
We are entitled to make partial deliveries if this is reasonable for you.
5.2 Delivery Area
We only deliver to customers who specify a delivery address in the Federal Republic of Germany or Austria. It is not possible to collect the goods yourself. We also do not deliver to packing stations.
5.3 Delivery Period
In the case of payment in advance, the delivery period begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day the contract is concluded and ends with 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 takes the place of such a day. The information in the respective product description is decisive for the length of the delivery period. If no delivery time is specified for the respective goods in our online shop, it is a maximum of 4-5 working days, unless otherwise agreed.
5.4 Damage in transit
If you are a consumer, goods are delivered with obvious transport damage, so please complain about such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular 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 "PayPal Plus" payment service provided by 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 "PayPal Plus" payment service, we offer you various payment methods as PayPal services. After submitting your order, you will be redirected to the PayPal website. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
6.1.1 Payment by PayPal
If you have chosen the "PayPal" payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.
6.1.2 Payment by credit card through PayPal Plus
If you have chosen the "credit card" payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder and your card will be debited. You will receive further information during the ordering process.
6.1.3 Payment by SEPA direct debit via PayPal Plus
If you have selected the "direct debit" payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a SEPA direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the SEPA direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be debited. You will receive further information during the ordering process.
6.2 Vouchers
6.2.1 Coupons, promotional vouchers, etc.
Insofar as we grant you coupons, campaign vouchers or other pecuniary advantages at our sole discretion, e.g. in the form of advantage codes (collectively referred to as "voucher(s)"), you can redeem these in accordance with the following conditions exclusively as part of the online ordering process during the specified period of validity: All Vouchers can only be redeemed once and not in combination with other promotions. Only one voucher can be redeemed per order. If the redemption of vouchers below a certain minimum order value per order is not possible, we will point this out in our offers. Insofar as the advantage granted by the voucher is a percentage saving or a saving expressed in euros, the voucher is valid for our entire range, excluding reduced goods and value vouchers, and will be automatically deducted from your invoice amount. A benefit value that exceeds the invoice amount is forfeited. A cash payment of the voucher value is excluded. If the voucher grants other monetary advantages, e.g. free product bonuses, e.g. in the form of product samples, we will deliver these to you with your order while stocks last.
6.2.2 Gift Certificates
Gift vouchers that were purchased in our online shop in the form of voucher codes can be redeemed in our online shop at www.bilou.de. The voucher and any remaining credit can be redeemed up to the end of the third year after the year in which the voucher was purchased. The voucher can only be redeemed before completing the ordering process. Subsequent offsetting is not possible. For technical reasons, only one voucher code can be redeemed per order. The voucher can only be used to purchase goods and not to purchase additional vouchers. A payment of the voucher amount or a remaining amount is not possible. The voucher is transferrable. We can make payments to the respective holder of the voucher with discharging effect. This does not apply if we have knowledge or grossly negligent ignorance of the non-authorisation, the legal incapacity or the lack of authorization to represent the respective holder of the voucher.
7. Promotions
7.1 Discounts
Insofar as we grant you discounts in the online shop at our sole discretion (possibly from a certain minimum order value), you can only make use of them as part of the online ordering process and during the specified period of validity in accordance with the following conditions: The discount code can be used in the voucher field in the shopping cart entered during the ordering process. We grant the discount temporarily. The respective discount conditions are mentioned in the communication measure and can be viewed in our terms and conditions under 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 have no right to supplementary performance. If you do not select a discount, you are no longer entitled to the discount after completing your order. A cash payment of the value of the discount is excluded.
7.2 Free Product Giveaways
Insofar as we grant you free product bonuses (possibly from a certain minimum order value) (hereinafter referred to as "goodie(s)") in the online shop at our sole discretion, you can only receive these as part of the online ordering process and during the specified period of validity in accordance with take advantage of the following conditions: The available goodies will be displayed to you in the ordering process. We only grant goodies while stocks last. Which goodies are shown to you and how many you can select and add to your shopping cart free of charge may also depend on the value of your order, the items you have 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 the purchase price has been paid in full.
9. Warranty
9.1 Statutory Claims for Defects
We are liable for material defects or defects of title in accordance with the applicable statutory provisions.
9.2 Warranties
Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items shall come into effect 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 guarantees can be found in the guarantee conditions, which may accompany the items.
10. Liability
10.1 Policy
We are 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 wasted expenses.
10.2 Liability for breach of essential contractual obligations
In other cases, we are only liable - unless otherwise regulated in Section 9.3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), and 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 also applies to the personal liability of our employees, representatives and organs.
10.3 Unlimited Liability
Our liability for damage resulting from injury to life, limb or health and in accordance with mandatory statutory provisions remains unaffected by the above limitations and exclusions of liability.
11. Copyrights
All images, photos, films and texts published in our online shop are protected by copyright. Their use is not permitted without the express prior written consent of the respective rights holder.
12. set-off; retention rights
You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notifications of defects or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract.
13. Miscellaneous
13.1 Applicable Law
The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If your habitual residence is in Austria at the time of your order, the application of mandatory Austrian legal provisions 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 complaints about your order on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number +49 800 5000027 or by e-mail at shop@bilou.de.
13.3 Dispute Resolution
Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales 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 settlement procedure before a consumer arbitration board.
Status of these GTC: July 2021
