Cancellation
Beginning of the cancellation policy
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece. To exercise your right of withdrawal, you must contact us
Nostalgiepalast Nordhorn
Own.: Herman Siwes
Bornestr. 15
48529 Nordhorn
E-Mail: info@nostalgie-palast.de
Phone: 05921-7287556
Fax: 05921 – 7287558
by means of a clear statement (e.g. a letter sent by post, telephone, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not prescribed.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favourable standard delivery we offer) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof
You bear the immediate costs of returning the goods. The costs are estimated at a maximum of about 10.00 to 1000.00 EUR.
End of revocation
The legislature provides in Annex 2 to Article 246a § 1 (2) sentence 1 number 1 and § 2 (2) number 2 EGBGB the following model withdrawal form:
Sample withdrawal form
(If you want to revoke the contract, then please fill out this form and send it back.)
To:
Nostalgiepalast Nordhorn
Own .: Herman Siwes
Bornestr. 15
48529 Nordhorn
E-Mail: info@nostalgie-palast.de
Phone: 05921-7287556
Fax: 05921 – 7287558
Hereby I / we (*) revoke the contract concluded by me / us (*) for the purchase of the following Goods / (*)
_________________________________________________________
Ordered on: received on:
_________________________________________________________
Name of the consumer(s)
_________________________________________________________
Address of the consumer(s)
_________________________________________________________
_________________________________________________________
Signature of the consumer (s) (only when notified on paper)
_________________________________________________________
Date
_________________________________________________________
(*) Delete as appropriate.
Terms of Service
1. General provisions
1.1
These General Terms and Conditions (GTC) apply exclusively to all contractual relationships concerning the delivery of goods between Mr. Hermann Siwes as the owner of the Nostalgic Palace, Bornestraße 15, 48529 Nordhorn (hereinafter referred to as Nostalgic Palace) – in the context of distance selling (§ 312b Abs. 1 sentence 1 BGB); – in the context of distance selling in electronic commerce (§ 312b (1) sentence 1 in conjunction with § 312e (1) sentence 1 BGB) with the exception of the sale of goods via the online marketplace eBAY; – be closed outside the distance. The inclusion of general purchasing conditions or other general terms and conditions of the customer is hereby expressly contradicted. This also applies if the customer refers to his own terms and conditions,
1.2
Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
1.2.1
To be regarded as a consumer is any natural person with whom a business relationship is entered into, who acts for a purpose which can be attributed neither to their commercial nor to their independent professional activity.
1.2.2
Entrepreneurs within the meaning of these terms and conditions is any natural or legal person or legal partnership, with which is entered into a business relationship and in the exercise of a commercial or independent professional activity.
2. Conclusion of the contract
2.1
The goods offered by Nostalgiepalast in the online shop under the domain www.nostalgie-palast.de as well as outside of the distance selling represent no binding offers of Nostalgiepalast, but only the invitation to the customer, Nostalgiepalast to make a binding offer.
2.2
In the case of the use of the online ordering function provided by Nostalgiepalast at www.nostalgie-palast.de, the customer submits a binding order of the selected goods after entering his personal data and clicking on the order button in the final step of the ordering process. For this purpose, the customer is shown a confirmation window with the details of the order before completing the order process, in which the details can be checked and corrected again.
2.3
Product images, drawings or illustrations and texts presented under the domain www.nostalgie-palast.de as well as outside of the distance in the electronic commerce of Nostalgiepalast serve only the general description of goods and are only approximately authoritative data. The scope of the delivery obligation of Nostalgiepalast is based solely on the specific details of the object of purchase in the declaration of acceptance.
2.4
With his order – whether in person, by phone, in writing, or online – the customer makes a binding offer to Nostalgiepalast, to which he is bound for four working days. Nostalgiepalast will confirm the receipt of this order when placing the order in the context of distance selling in electronic commerce to the customer in case of immediate (order confirmation), which, however, is not linked to the acceptance of this order through. Nevertheless, Nostalgiepalast is free to combine the declaration of acceptance with the order confirmation.
2.5
Nostalgiepalast is entitled to accept the contract offer of the customer within four working days of receipt in writing or in the same manner as the order was placed, for example by e-mail, by express declaration. The acceptance of the contract offer of the customer can be explained alternatively by Nostalgiepalast with delivery of the commodity opposite the customer.
3. Prices, delivery and shipping costs
3.1
All prices quoted by Nostalgiepalast are final prices – i.e. they include all price components including any applicable taxes. Unless explicitly stated otherwise in advertising, the prices refer to the items shown in the description, but not to accessories or decoration.
3.2
In individual cases, additional taxes (e.g. in the case of an intra-Community acquisition) and / or duties (e.g. customs duties) may be payable by the customer for cross-border deliveries.
3.3
Unless otherwise agreed in individual cases, the purchase prices plus delivery and shipping costs apply; their amount or further details for the calculation of these are listed in the online shop at www.nostalgie-palast.de on the respective website.
4. Terms of payment
4.1
If the contract
– in the context of distance selling, or
– in the context of distance selling electronic commerce
the customer has to pay all amounts within 10 days after receipt of the request for payment without deduction. After unsuccessful expiry of the deadline, the customer is in default of payment without further explanation by the seller.
4.1.1
A consumer must pay the debt in arrears at a rate of 5 percentage points above the base rate.
4.1.2
An entrepreneur should pay interest on the debt in the amount of 8 percentage points above the base rate during the default; However, Nostalgiepalast reserves the right to prove and assert a higher interest penalty.
4.2
The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
5. Delivery and shipping conditions
5.1
Within the scope of the distance selling as well as in the distance selling in the electronic business traffic the delivery of the articles takes place, if not differently in the individual case, in principle against advance payment and by the dispatch way. The shipment of the goods or their delivery to the customer is therefore only after receipt of the full purchase price plus any delivery and shipping costs at Nostalgiepalast.
5.2
The customer assures to have informed Nostalgiepalast the correct and complete delivery address. Should it come due to incorrect address data to additional costs in the shipment – such as recurring shipping costs -, the customer has to replace them.
5.3.1
The risk of accidental loss and accidental deterioration of the goods sold is transferred to deliveries to an entrepreneur with the handover to the customer or a person entitled to receive, in the case of a consignment purchase already with the delivery of the goods to a suitable transport person.
5.3.2
For deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold always passes to the consumer upon transfer of the goods to the consumer.
5.3.3
With regard to the assumption of risk, it is the same for the transfer if the customer is in default of acceptance.
6. Notification of transport damage
6.1
If a shipment of the goods is agreed with the customer, the customer will check the delivered goods upon receipt. In the case of externally visible damage in transit, the customer undertakes to record the damages on the respective shipping documents upon acceptance of the delivery and to have them acknowledged by the deliverer.
6.2
If the (partial) loss or damage is not visible externally, the customer must notify the transport company within five days after delivery to Nostalgiepalast or within seven days of delivery in order to ensure that any claims against the transport company made in time.
6.3
The customer will support Nostalgiepalast to the best of his ability, if and to the extent claims are asserted against the respective transport company or transport insurance.
6.4
Any rights and claims of the customer, in particular its rights in the case of defects in the purchased goods (see Section 7), shall remain unaffected by the provisions of sections 6.1 to 6.3 inclusive of these GTC.
7. Claims for defects
7.1
If the purchase for Nostalgiepalast and the customer is a commercial transaction within the meaning of §§ 343, 344 HGB, the customer’s warranty rights presuppose that he has duly fulfilled his duties of examination and complaint pursuant to § 377 HGB.
7.2
The limitation period for claims for defects in respect of used goods is one year calculated from the transfer of risk, if the customer is a consumer. For the rest, the statutory limitation period applies with respect to claims for defects of the consumer. The claim for defects lapses if the customer has significantly changed the delivered goods in their shape or colour. If the customer is an entrepreneur and acts in this capacity, the period of limitation for claims for defects is one year from the transfer of risk; for used things here the warranty is excluded.
7.2
If the customer is not a consumer, claims for defects are initially limited to subsequent performance; If this remedy fails, the customer has the right to choose between the right to withdraw from the purchase contract or to reduce the purchase price. To the extent that the manufacturer gives a guarantee for the goods, the details are given in the warranty terms attached to the delivered goods.
8. Liability
8.1
According to the statutory provisions Nostalgiepalast is fully liable for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty as well as for other damages, which are based on an intentional or grossly negligent breach of duty and malice. In addition, Nostalgiepalast is fully liable for damages that are covered by the liability according to mandatory statutory provisions, such as the Product Liability Act, as well as in the case of the assumption of guarantees.
8.2
For such damages, which are not covered by number 8.1 and which are caused by simple or slight negligence, Nostalgiepalast is liable, as far as this negligence concerns the breach of contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the compliance of the customer may regularly trust (so-called cardinal obligations). The liability of Nostalgiepalast is limited to the contract-typical foreseeable damages.
8.3
In the event of slightly negligent breaches of such contractual obligations, which are not covered by Section 8.1 or Section 8.2 (so-called non-essential contractual obligations), Nostalgiepalast is liable to consumers – this is limited to the contractually typical foreseeable damages.
8.4
Further liability is excluded.
9. Retention of title
Nostalgiepalast reserves ownership of the delivered goods until complete payment of the purchase price. In the event that the customer is an entrepreneur, this shall be valid until all payments from the business relationship with the customer have been received
10. Privacy Policy
Nostalgiepalast uses the inventory data of the customer exclusively for the processing of his order. All customer data is stored and processed in accordance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) of Nostalgiepalast. The customer has at any time a right to free information, correction, blocking and deletion of your stored data. Nostalgiepalast does not disclose the personal data of the customer including his home address and e-mail address to third parties without his express and always revocable consent. Excluded from this are the service partners of Nostalgiepalast who require the transmission of data for order processing (e.g. the shipping company responsible for the delivery and the bank responsible for processing the payment). In these cases, however, the amount of data transmitted is limited to the minimum required. Nostalgiepalast uses technical and organizational security measures to protect the customer’s data managed by Nostalgiepalast against accidental or intentional manipulation, loss, destruction or access by unauthorized persons.
11. Final provisions
11.1
The law of the Federal Republic of Germany applies. For consumers who do not agree the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence, is not withdrawn.
11.2
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
11.3
If the customer is also a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Nostalgiepalast. The same applies if the customer is an entrepreneur and has no general place of jurisdiction in Germany or domicile or habitual residence at the time the complaint is not known. The right of Nostalgiepalast to call the court at another statutory place of jurisdiction remains unaffected.
11.4
Should individual provisions be or become ineffective or should a gap arise in the contract, this shall not affect the validity of the remaining contents of the contract.