TERMS AND CONDITIONS
All orders accepted by ENS are subject to the Terms and Conditions set out below:
(Updated version March 2017)
1.1 All orders for products and services at www.europeannailshop.com (“European Nail Shop website”), accepted by Uwe W. Göldner e.Kfm. (“ENS”) including all subsequent transactions, even if we do not expressly refer to - especially in the case of orders made electronically or by telephone - are subject to these terms and conditions. No other terms and conditions will apply to the supply of products and services, unless agreed in writing.
1.2 ENS is a supplier of business customers ("Customers"). We sell exclusively to entrepreneurs (§ 14 BGB - Civil Code of Germany) and not to private individuals, acting as consumers.
1.3 All descriptions and presentations of the products and services contained on the European Nail Shop website or otherwise communicated to any customer of such products or services are approximate only and shall not form any part of the contract between ENS and the Customer. ENS is not liable to the Customer for any errors or omissions on the European Nail Shop website or other product advertisement.
1.4 The advertising of products and services on the website is not an offer capable of acceptance; it merely constitutes an invitation by ENS for the Customer to make an offer to purchase products and services. ENS acceptance of the Customer's order will take place when ENS confirms pricing, handling charges, freight charges and packaging costs to the Customer in writing as Pro Forma Invoice (“PFI”).
1.5 Our PFI in writing including these Terms and Conditions evidences the entire agreement and understanding between the parties with the respect to the subject matter of the contract. At the time of the conclusion of the contract, no other agreements are made. With the exception of ENS, our employees and agents are not entitled to accept differing agreements orally. For evidential purposes, all agreements in respect of performance of this agreement shall be made in writing.
1.6 We must receive payment for the total invoice sum written in the PFI, at which point a contract will come into existence between ENS and the Customer, unless we have agreed otherwise in writing in advance.
2. Prices, Costs & Charges
2.1 The prices of the products and services are as set out on the European Nails Shop website. ENS reserves the right to change prices without prior notice at any time. The prices of products and services can be found on the European Nail Shop site and are transferred at the time of acceptance of an order as well as communicated in writing in the PFI. ENS reserves the right to change prices at any time without prior notice.
2.2 All prices of products and services are exclusive VAT. ENS will add the VAT (to the rate valid on the day of order acceptance), if statutory value added tax is obligated.
2.3 In the case of small orders, a handling charge is calculated according to the following table due to the increased handling expenses:
For orders under € 250: A handling charge of € 50 will be invoiced
For orders under € 500: A handling charge of € 30 will be invoiced
For orders above € 500: Order is free of handling charge.
2.4 For each order packaging costs will be charged. We calculate the cost of packaging according to the order and notify them in writing in the PFI.
2.5 Delivery costs apply per order, irrespective of the number of products ordered. The customer bears the costs of shipping: Freight charges, customs fees and other charges incurred on delivery are valid at the time of delivery. The Customer's delivery options, and the prices for them, will be calculated after order and send in writing as PFI. In the event that the prices of our own suppliers, freight charges and/or public fees should increase between the date the supply agreement was concluded and the date of delivery - and hence our expenses as well - we shall be authorized to increase our prices accordingly. In this case the customer will be notified of the new prices immediately.
2.6 From a value of goods over € 500 per package, package insurance per carton unit is charged according to the following table:
Within EU: € 5 (insurance up to a value of € 2.500)
Out of the EU: € 10 (insured up to a value of € 2.500)
In the case of ship pallets, shipping insurance is included.
2.7 For every payment by PayPal a payment charge of 2.95 % of the total invoice sum will be charged.
3.1 ENS reserves the right to decline to trade with any Customer. ENS can decline the acceptance of an order, whether payment has been received or not, by phone or electronically within a reasonable time after receipt of the order. ENS may also revoke orders, which have already been accepted; this is effected by telephone or electronically within a reasonable time after confirmation of the order. If ENS rejects or revokes an order for which a payment has already been made, the Customer will be refunded the amount as quickly as possible and practicable.
3.2 ENS executes orders to the Customer's requirements, but may provide substitute products when requested by the Customer. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will either be deferred to be fulfilled when ENS next has available stock or be cancelled and the value of the goods is credited to the Customer account.
3.3 The Customer must submit orders using the ENS stock numbers and the priced units used on the ENS website. If the Customer orders the wrong product or number of products, the provisions of clause 6 (Complaint) apply.
4.1 Payment can be made by PayPal or as payment in advance.
4.2 Customer are responsible for all orders placed by their employees.
5.1 Subject to any cancellation, substitution or non-fulfilment of Customer's orders in accordance with clause 3 (Ordering) and 4 (Payment), ENS will deliver the products specified in the Customer's order. ENS will use third party delivery agents to deliver products to Customers.
5.2 We shall be entitled to partial deliveries if the partial delivery is usable for the Customer, the delivery of the remaining ordered goods is ensured and the Customer will not incur any substantial additional costs or additional costs (unless we are willing to accept these costs).
5.3 ENS will aim to deliver products in accordance with the times and dates for delivery quoted by ENS' employees ('Quoted Delivery Times'), but Quoted Delivery Times are approximate only and ENS shall not be liable for the consequences of any delay in delivery. The delivery period is not essential.
6.1 The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The customer must specify within 7 days after the date of the delivery or pick-up (name of the batch number) and in writing in detail:
i. Any defect in the product that is apparent on reasonable examination. In this case ENS shall, at ENS's discretion, replace the products or refund the purchase price. In any case, the Customer is obligated to refuse acceptance of packages in a damaged condition;
ii. Any shortfall in products delivered. In this case ENS shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.
iii. Any delivery of products that does not correspond to the order. In this case, ENS will at its discretion replace the products or refund the purchase price.
6.2 If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. ENS' record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
6.3 In the case of a goods withdrawal from goodwill, we are entitled to charge a reimbursement fee of 15% of the returned goods value, at least € 15, at most € 250.
6.4 The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. ENS shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise costs arising from these circumstances.
7. Risk and Ownership
7.1 All goods delivered shall remain our property until the Customer has settled all existing payment obligations arising out of our business relationship.
7.2 Dispatch and transport shall be carried out in all cases at the Customer's risk:
i. In the case of products to be delivered to the Customer's property, risk of loss of or damage to the products shall pass to the Customer as soon as the goods have been handed over to the transport company.
ii. In the event that the Customer collects the goods himself or fetches them on his own behalf from a transport company, the risk of loss or damage will pass to the Customer at the moment of the takeover.
8. Warranties and Liability
8.1 ENS warrants that no product purchased from ENS is materially defective.
8.2 In the event of any such product being materially defective, and subject to the provisions of clause 6. (Complaint) surrounding defects apparent on delivery, ENS will (at its option) replace or repair the product or refund the purchase price.
8.3 These warranties shall not apply to any defect, which arises from improper storage or use, further failure to follow the product instructions.
8.4 The remedies set out in this clause 8. shall be the Customer's sole remedies for any breach of warranty and in respect of the supply or non-supply of products.
8.5 The availability of the remedies set out in this clause 8 is subject to:
i A claim being made in writing to ENS, prior to the return of any defective product, and within 7 days of the original date of delivery; and
ii the Customer who returns the corresponding products - in this case only shipping costs in the amount of a comparable delivery from Germany to the Customer will be refunded - or disposed of, or making them available for collection by ENS, in accordance with ENS's instructions and suitably packaged. In particular, for any returns, the Customer must obtain a returns number from ENS and quote this on all paperwork, and state the original invoice number in respect of the products and the nature of any claimed defect.
8.6 Where the Customer returns defective products otherwise than in accordance with these provisions, ENS may refuse such products and return them to the Customer at the cost of the Customer.
9.1 ENS shall not be under any liability for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the ENS consulting) whether or not due to its negligence or that of its employees, agents or sub-contractors.
9.2 ENS shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between ENS and the Customer, or of any order accepted by ENS; (ii) any duty of any kind imposed on ENS by law arising out of or in relation to the contract between ENS and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions.
10. Intellectual Property Right
10.1 The Customer acknowledges that ENS own the intellectual property rights on the European Nail Shop website and that its whole or partial reproduction without ENS's prior written consent is prohibited.
10.2 ENS does not warrant or give any assurance to the Customer that any products supplied do not infringe the intellectual property rights of any third party.
11. Data Protection and Customer Information
11.2 ENS may send to any business Customer and its employees details of other products and services offered that may interest the Customer. If the Customer or its employees do not want to receive details of these offers, then they should contact us by email at: firstname.lastname@example.org.
12. Law and Jurisdiction
12.1 The contract between ENS and the Customer, based on these terms and conditions, as applicable to each Customer order shall be governed by and interpreted in accordance with German Law and the Customer submits to the non-exclusive jurisdiction of the German courts, but ENS may enforce the contract in any court of competent jurisdiction.
12.2 If any part of these terms and conditions is found to be unenforceable by any court or competent authority or would be found to be unenforceable if it were interpreted or construed in a particular way, then it is the parties' express intention that the relevant wording should be interpreted or construed in such a way as to avoid such a finding and that, in the event of such a finding, the remainder of the provision in question shall be interpreted or construed to give it full effect.