General Business Conditions
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
Consumer is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, upon conclusion of a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contract partner, conclusion of contract
The purchase contract is concluded with Nearby Minds UG (haftungsbeschränkt).
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained here in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.
3. Contract language, contract text storage
The available languages for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can see the contract text in our customer login.
4. Terms of delivery
In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers.
We only deliver by mail. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations.
In our shop you can choose between the following payment methods:
When selecting the payment method prepayment we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
When you place your order, you also provide us with your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is automatically carried out by the credit card company and your card is debited.
During the order process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be automatically processed by PayPal immediately afterwards. You will receive further information during the ordering process.
Sofort by klarna
After placing your order you will be forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoiced amount üImmediately, you must have an online banking account with a PIN/TAN procedure which has been activated for participation in Sofort, legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
6. Right of withdrawal
You are entitled to the statutory right of revocation as described in the revocation instructions.
7. Reservation of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following applies in addition: We reserve title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; any claims arising from this resale shall be assigned to us in advance in the amount of the invoice amount, irrespective of any combination or mixing of the reserved goods with a new item, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damages
Für consumers applies: If goods are delivered with obvious transport problems, please complain such errors as soon as possible to the delivery person and contact us immediately. The settlement of a complaint or establishment of contact has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.
Für entrepreneur applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the carrier, the freight forwarder or any other person or institution designated to carry out the shipment. The obligation to examine and inspect as stipulated in § 377 HGB (German Commercial Code) shall apply to merchants. If you fail to give the notification stipulated therein, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability law shall apply.
If used goods are purchased by consumers, the following shall apply: if the defect occurs after one year from delivery of the goods, claims for defects shall be excluded. Mängel occurring within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods shall be one year from the passing of risk. Used goods shall be sold to the exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Only our own details and the manufacturer's product descriptions which were included in the contract shall be deemed to be agreements with respect to the quality of the goods with respect to entrepreneurs; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The foregoing limitations and time limits shall not apply to claims based on damage caused by us, our legal representatives or our vicarious agents;In the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty and fraudulent intent; in the event of a breach of material contractual obligations, the performance of which is essential to the proper performance of the contract and on the compliance with which the contracting party may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, insofar as agreed
• insofar as the scope of application of the Product Liability Act is covered.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or limb, or any other damage caused by us, our legal representatives or vicarious agents;In the event of intentional or grossly negligent breach of duty
• in the event of promises of guarantee, if agreed, or
• if the scope of application of the Product Liability Act has been opened up.
In the event of a breach of material contractual obligations, the performance of which is essential for the proper performance of the contract and for the compliance with which the contractual partner is obliged to regularly;If the contracting party is entitled to rely on the same regularly, (cardinal obligations) by slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability of the amount shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Any other claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS) which you can find here. We are ready to participate in an extrajudicial conciliation procedure before a consumer conciliation body.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.