Conditions of Sale (CdV)
For the use of the websites of the group www.neun-welten.de:
These CdV regulate the purchase, by electronic means and / or by telephone, of the products presented on the websites of the group www.neun-welten.de (the "Products") (the "Site"), managed by Neun Welten GmbH , Inc. with VAT number 00251159992 and with registered office in Sinstorfer Kirchweg 74 - 92 - 21077, Hamburg - Germany.
These CdV constitute an integral and essential part of the purchase contract for any Product and the forwarding of an Order implies their acceptance by the Customer.
Neun Welten Enterprise Gmbh customer service is available for information, complaints and disputes by writing to [email protected]
A - General Part
- Scope of application:
1.1 This General Section applies to all Orders relating to the purchase of Products and forwarded to Neun Welten GmbH through the Website, Email or Telephone.
1.2 The following definitions apply within these CdV:
"Customer": any natural or legal person who places an Order;
"Contract": any agreement between Neun Welten GmbH and a Customer regarding the purchase by the latter of one or more Products.
“Business day”: any day of the week, except Saturdays, Sundays and public holidays.
"Order": any proposal regarding the purchase of one or more Products, made by the Customer towards Neun Welten Enterprise Gmbh.
- Download and consult the terms and conditions of the Agreement:
2.1 The Customer may keep a copy of these CdV, as well as all the documents that make up the Contract relating to the Products purchased on the Site, using the normal functions of their browser (eg: "File" -> "Save as") .
2.2 The data of each Order will be saved by Neun Welten GmbH on its systems. In order to preserve the confidentiality of such information, the access to them, by the Customer, will be allowed only following prior authentication in the reserved area of the Site called "My account", by entering the appropriate credentials access (email and password) by the Customer who will choose when registering on the Site itself. In this reserved area, by entering their credentials, the Customer can consult the contracts already concluded, the pending Orders and those just forwarded, as well as update and save their contact details and the data relating to the subscription of the newsletter service. The Customer undertakes to treat their login credentials to the aforementioned reserved area of the Site confidentially and not to make them available to third parties.
- Conclusion of the Agreement:
3.1 The presentation of the Products on the Site constitutes an invitation addressed to the users of the Site to formulate, towards Neun Welten GmbH, a purchase proposal. These invitations to offer are not binding on Neun Welten GmbH and do not constitute offers to the public.
3.2 To proceed with the purchase of one or more Products, the Customer must first register on the Site, providing Neun Welten GmbH, in compliance with the applicable provisions on the protection of personal data, all the data necessary to allow Neun Welten GmbH itself to execute the Orders placed.
3.3 Once the registration is completed, the Customer can select one or more Products he intends to purchase, inserting them in a virtual "cart", of which he can always view the contents before proceeding with the placing of the Order.
3.4 By clicking on the "Buy Now" button, the Customer will initiate the order forwarding procedure.
3.5 By clicking on the "Place Order" button, the Customer will forward the Order to Neun Welten GmbH. Each Order forwarded must be understood, for all purposes, as a contractual proposal by the Customer. When the Order is forwarded by the Customer, a prompt confirmation by Neun Welten GmbH regarding the receipt of the Order will be followed by sending an e-mail to the email account communicated by the Customer.
3.6 Neun Welten GmbH will have the right to accept or not the Orders received without, in case of non-acceptance, the Customer being able to make any rights or claims against Neun Welten GmbH for any reason. The Order will, in any case, be deemed to have been accepted and consequently the Contract concluded at the time when the Customer will receive, on his / her e-mail address, the Confirmation Email.
- Price and shipping costs:
The prices of the Products published in the various sections of the Site are inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the Products, where this is different from France, which will be charged to the Customer.
Neun Welten GmbH reserves the right to change the prices of the Products at any time. Any changes to the prices will not, however, be effective against orders already placed.
- Payment and delivery:
5.1 The Customer will pay the full price of the Products / Services ordered, at the same time as the Order is placed. It is understood that, in the event of non-acceptance of the 'Order’, Neun Welten GmbH will promptly reimburse the Customers any amounts already paid.
5.2 Invoices will be issued exclusively in electronic format.
5.3 For deliveries, Neun Welten GmbH will use selected carriers depending on the destination / cost of the shipment. Neun Welten GmbH will arrange to dispatch the Products as soon as possible. The average delivery time is 5 working days. In case of urgency, the Customer can check the expected delivery time for the requested Product (s) by contacting customer service: [email protected]
5.4 In case of refusal or non-delivery due to absence by the Customer, Neun Welten GmbH will be forced to charge the Customer for the extraordinary expenses incurred for the storage / delivery / return of the ordered Product (s). The Customer, in his interest, must organize himself to arrange for the forwarder
can find a person for delivery to the address signed when ordering. If the Customer does not intend to assume these extraordinary storage / delivery / return costs, Neun Welten GmbH is authorized to withdraw from the contract by recovering the Product and crediting the Customer with the amount paid minus all extraordinary transport / storage / management costs incurred. .
5.5 Neun Welten GmbH will not be liable for failure or delay in delivery in the event that:
- despite having provided for the regular and timely purchase of the Products to cover the Order received, it has not been supplied in the terms and manner agreed with the supplier;
- is not able to make up for the unavailability of such Products, due to circumstances beyond its control;
- has promptly communicated to the Customer such unavailability of the Products.
In any case, where the unavailability of the Products, due to one of the aforementioned circumstances, does not allow to proceed with the delivery of the Product to the courier within 30 (thirty) days from the date of receipt of the payment of the Order, Neun Welten GmbH will refund to the Customer the relative advance payment within 10 (ten) days from the date of cancellation of the order by one of the parties.
5.6 Neun Welten GmbH will not be responsible for non-delivery or delayed delivery due to force majeure (eg strikes, measures of the Public Authority, transport difficulties, fires, floods), not dependent on Neun Welten GmbH. Neun Welten GmbH will promptly notify the Customer of the occurrence and the disappearance of a force majeure event. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the contract. In the event of withdrawal pursuant to this Section 5.6, the Customer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to a refund of any amount already paid for the Order, within 10 (ten) days from the date of cancellation of the order by one of the parties.
5.7 The risk of accidental perishing of the Products will remain with Neun Welten GmbH until their delivery to the Customer or to another person indicated by the latter, regardless of whether the shipment of the same Products is insured or not.
- Compliance, Warranty and Complaint Management:
6.1 For technical reasons the products may undergo changes, without notice, with respect to what is published on the site and / or catalog.
6.2 For purchases made by Consumers, the provisions of the law on warranty apply, including, if applicable, the rules provided for by the Consumer Code regarding guarantees towards Consumers.
6.3 If the Customer finds flaws and defects in the Products purchased pursuant to these CdV, he may contact, under penalty of forfeiture within two months of discovery, Neun Welten GmbH, in the manner indicated in these CdV and request the repair or Product replacement. The choice between repair or replacement will remain available to the Customer, unless the chosen remedy is objectively impossible or excessively onerous compared to the other.
6.4 Neun Welten GmbH will, as appropriate, carry out the required repairs and replacements within a reasonable period of receipt of the Customer's request. Neun Welten GmbH invites the Customer to describe in as much detail as possible the nature of the defect or defect found and any other data useful for carrying out the complaint operation. If no response is received from the Customer within 7 (seven) working days, Neun Welten GmbH invites the Customer to request a response. Neun Welten GmbH also advises to verify that the e-mails it sends are not blocked by any 'spam filters' or that they do not reach their destination correctly due to other technical problems of the recipient Customer's e-mail program.
6.5 Where the requested repair / replacement is impossible or excessively burdensome, or if they have not occurred within a reasonable time, or have caused significant inconvenience to the Customer, the latter may request an appropriate price reduction or termination of the Contract at his choice. In any case, the termination of the Contract for minor defects, with respect to which it has not been possible or is excessively burdensome, to repair or replace the relative Products will not be allowed.
- Purchase Coupon:
The Coupons are offered by Neun Welten Enterprise Gmbh in the context of promotional campaigns, for a limited period of validity.
- Conditions for the collection of the Purchase Coupons:
8.1 The Purchase Coupons are valid until the term indicated and can be used only once as part of an Order procedure. The Purchase Coupon can be used only before the validation of the Order, after this point it is not possible to apply any reduction.
8.2 The Purchase Coupon is non-refundable in cash and cannot be transferred to third parties. The credits represented by each single Purchase Coupon cannot be combined with each other.
8.3 In the case of purchases for a total amount lower than that of the Purchase Coupon, any remaining credit will not be refunded to the Customer.
8.4 If the credit represented by a Purchase Coupon is lower than the total price to be paid for an Order, the difference can be paid with the other payment methods allowed.
8.5 The Purchase Coupon will not be refunded if the Products are fully or partially returned.
- Data protection:
Neun Welten GmbH reserves the right to keep the data of each Order as well as the contact details of the Customer for the sole purpose of using them for the purposes of the correct execution of the Order (also through transmission to the commercial partners involved in the management of the payment, in the execution of the 'Order’ and / or shipment of the Product), of any complaints regarding the Product warranty and / or recommendations or instructions to the Customer relating to the Product. The storage and processing of data will take place in accordance with the content of the information regarding the protection and use of personal data by Neun Welten Enterprise Gmbh ("Privacy").
- Substitution clause:
If a present or future provision of the Cdv and / or the contract should be or become totally or partially null and / or ineffective or there is a gap in the provisions of the Cdv and / or the contract, the remaining provisions of the Cdv and the contract in any case they will remain valid and effective. It is understood that Neun Welten GmbH and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the invalid and / or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract.
- Right of withdrawal:
11.1 In compliance with the information duties referred to in art. 52, paragraph 1, letters (f) and (g) of the Consumer Code, in Sections 11.2, 11.3 and 11.4 below are indicated terms and conditions governing the right of withdrawal in favor of the Customer, as regulated by the same Consumer Code .
11.2 The right of withdrawal is only applicable to private customers. Customers who purchase with a VAT number cannot exercise the right of withdrawal. Pursuant to art. 64 and following of Legislative Decree no. 206/2005, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), he is entitled to withdraw from the purchase contract for any reason.
11.3 Instructions for exercising the withdrawal in the cases provided for by the Consumer Code:
In compliance with the provisions of the Consumer Code, the Customer has the right to withdraw from the Contract, according to the methods and timing provided for in this Section.
If he intends to make use of this right of withdrawal, the Customer must provide within 14 (fourteen) working days from the date of delivery of the Product (in the case of multiple delivery, from the date of the last partial delivery) to send a specific communication (without the need to specify any reasons), to be sent by registered letter with acknowledgment of receipt, or by e-mail provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 (forty-eight) hours, to the addresses indicated below.
In case of exercise of the right of withdrawal, the Customer will be required to return the Product to Neun Welten Enterprise Gmbh at the address indicated below within the term of 14 days from the date of delivery of the same.
- The shipping costs for the return of the goods are charged to the customer;
- The shipment, until the certificate of receipt in our warehouse is under the complete responsibility of the customer.
The substantial integrity of the Product to be returned is an essential condition for exercising the right of withdrawal. However, it is sufficient that the asset is returned in a normal state of conservation, as it has been kept with the use of normal diligence.
The notice of withdrawal must be addressed to:
Neun Welten Enterprise Gmbh
396 quai de la Loire, 62100 Calais France
E-Mail: [email protected]
The Products must be returned to:
Neun Welten Enterprise Gmbh
396 quai de la Loire, 62100 Calais France
E-Mail: [email protected]
Consequences of withdrawal
If the Customer has exercised his right of withdrawal in accordance with the provisions of these CdV, the services that have already been received by the Customer and / or Neun Welten GmbH must be returned. The refund of the price paid by the Customer will be made by Neun Welten GmbH, provided that the Product has been returned by the Customer, within 30 (thirty) days from the date of receipt by Neun Welten GmbH of the notice of exercise of the withdrawal or, if antecedent, from the date
in which Neun Welten GmbH received the Product returned by the Customer. The risks associated with the destruction or damage of the Products during shipment are borne by the Customer, it being understood that in this eventuality, the Products will not be considered intact and the withdrawal will not be effective. The shipping costs related to the return of the Product are charged to the Customer.
11.4 In the event that the Customer intends to exercise the right of withdrawal, the Products must be returned:
- properly packaged in their original packaging, in perfect condition for resale (not damaged, damaged or soiled) and equipped with any accessories, instructions for use and documentation;
- with the transport document (present in the original packaging), in order to allow Neun Welten GmbH to identify the Customer (order number, name, surname and address);
- without obvious signs of use, other than those compatible with carrying out a normal test of the Product. That is, they must not bear traces of prolonged use, exceeding the time necessary for a test and must not be in such a state as not to allow resale.
- in case of damage to the goods during transport, Neun Welten GmbH will notify the Customer of the incident (within 5 working days of receipt of the goods), to allow him to promptly file a complaint against the courier he has chosen and obtain a refund of the value of the asset (if insured); in this case, the product will be made available to the Customer for its return, at the same time canceling the request for withdrawal;
- Neun Welten GmbH is not liable in any way for damage or theft / loss of goods returned by uninsured shipments.
If the returned Product does not comply with the provisions of the previous paragraph, the withdrawal will not be effective.
These CdVs constitute intellectual property protected by copyright. Its use, even partial, by third parties for commercial purposes is not permitted. Any violations will be prosecuted.