Conditions
Table of contents
- scope
- Conclusion of contract
- Prices and payment terms
- Delivery and shipping conditions
- Liability for defects
- Applicable law, place of jurisdiction
1) Scope
1.1 These terms and conditions of Nest Luxe, trading under "Nest Luxe" (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") has with the Seller regarding the goods presented by the Seller in its online shop and/or completes services. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The deadline for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. However, the contract text can no longer be accessed by the customer via the seller's website after the order has been sent.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for concluding the contract.
2.8 Order processing and contact take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Prices and payment terms
3.1 The seller's stated prices include statutory VAT and other price components. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
3.2 Various payment options are available to the customer, which are specified in the seller's online shop.
3.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
3.4 If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method online at https://www.klarna.com/sofort/ .
4) Delivery and shipping conditions
4.1 Goods are delivered regularly via shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address provided by the customer with PayPal at the time of payment is decisive.
4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are dispatched or handed over to the appointed transport person.
4.4 Self-collection is not possible for logistical reasons.
4.5 Any customs fees are borne by the customer and not the seller.
5) Liability for defects
Statutory liability for defects applies.
6) Applicable law, place of jurisdiction
6.1 If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.
6.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of residence or place of business.