General Terms & Conditions for Resellers
The General Terms and Conditions apply to all contracts concluded between niceshops GmbH and registered companies. Furthermore, special conditions and notes pertaining to individual products published in the respective price list apply.
These General Terms and Conditions only apply to buyers who are registered as a company (§ 1 UGB). Separate General Terms and Conditions apply to end-consumers.
Offers are subject to change unless otherwise expressly stated.
The customer is bound to their order for a period of one month.
Any delivery note extensions, restrictions or other modifications made in regard to the customer’s order are considered accepted by the customer unless expressly stated in writing.
Pricing & Payments
The prices of the goods featured in the price list apply including sales tax unless otherwise agreed upon in writing. These prices are current at the date of the delivery. The minimum order value is stated on the price list. Orders that do not reach the minimum order threshold are subject to postage and packing costs. The postage and packaging cost will be communicated prior to the dispatch of goods. A delivery cost quotation must be submitted beforehand for larger orders that require the transportation of pallets.
All payments must be settled in full within 14 days of the invoice date unless otherwise agreed upon.
The buyer incurs a default interest amounting to 10% of the purchasing price if the payment is not settled within the time frame referenced above.
An order placement does not constitute a binding delivery promise. The contract is binding once the buyer receives an order confirmation from the seller.
The first three orders are to be settled using a Cash in Advance payment method. A different form of payment can be agreed upon from the 4th order on, unless legitimate grounds exist to withhold this option, such as delayed payments. Cash in
Advance payments proceed as follows: the payment must be settled in full within 7 business days from the Cash in Advance invoice date. The order will be cancelled without further notice if the amount payable is not settled in full by the cut-off date.
The customer is only entitled to withhold payment or offset a payment with a counterclaim if the counterclaim is legally justified or acknowledged.
The customer bears the risk once the goods are handed over to the freight forwarder/shipper.
We do our best to comply with the information concerning the delivery period, however, any delivery dates quoted are non-binding estimates only.
We will not be liable for any delay in the delivery of the goods caused by circumstances beyond our control, such as official customs requirements, force majeure or difficulties that arise due to material procurement difficulties or production issues. We are entitled to withdraw from the contract if any of the above-stated reasons occur. The customer is also entitled to withdraw from the contract.
Taking into account legal exceptions, if the delivery has not been received after a reasonable, minimum 30-day deadline period after the initial three-week non-binding delivery date, the customer is entitled to withdraw from our services after an additional two weeks (within the scope of the statutory provisions) has lapsed. This period of grace must be expressly stated in writing and must include a note that the acceptance of goods will be rejected after this period has expired.
The place of fulfilment is the niceshops GmbH headquarters.
The Use of Licensed Brands and Intellectual Property Rights
niceshops GmbH provides updated information and images for contractual products. These brand and product images and texts can be used in a conventional way. When additional information is required or large promotions and/or campaigns are being planned we kindly ask you to provide us with the relevant information.
Reservation of Property Rights
We reserve all property rights and copyrights to the designs, drawings, photographs, material and immaterial information and the like - including information in electronic format. This information may not be made accessible to third parties without our prior written consent.
We reserve all property rights of the goods until the receipt of payment for the order. The customer may not assign the goods as collateral, pawn or sell these during this period.
We retain ownership of the property until the full - and future - payment of all claims - including incidental claims and all current account balance claims are met.
Due to our retention of ownership, we are entitled to the reserved goods and the customer is obligated to surrender the property if we withdraw from the contract. If the customer acts in violation of the contract, especially in regards to the default of payment or declaration of bankruptcy, it is our right to reclaim the goods or transfer the claims to a third party collector.
The customer is obligated to immediately notify us if the goods are seized by a third party and bears the costs thereof.
Warranty & Guarantee
The customer's warranty rights assume that the customer has fulfilled their obligation to promptly examine the goods and register the complaint of defect as described by section § 377 UGB of the German Commercial Code. In the case of a complaint, the goods in question cannot be used or resold. Resale of the goods indicates approval of their quality as well as contractual fulfilment and waives the right to warranty claims.
The customer shall notify us immediately in writing of any damage which has occurred in transit and document such damages with the carrier.
The customer is to notify us immediately, in writing, in regard to any damage which has occurred in transit and prove said damage to the carrier by furnishing the appropriate documents.
Deviations in dimensions, contents, materials, weight and shades of colour caused during the manufacturing process are allowed within the scope of the tolerances customary in the trade of the individual product lines.
In the case of material defects and defects of title regarding the delivery, the supplier shall warrant - by way of exclusion of further claims - as follows:
- As a guaranteed service, all parts that have been proven to be defective as a result of a circumstance before the transfer of risk may be replaced free of charge at our discretion. The customer shall notify the seller in writing of any such defect without delay. The replaced goods become our property.
- The customer has the right to terminate the contract within the framework of the law if we, taking due account of the exception provided by law, fail to make a substitute delivery within a suitable extended period of time of at least 30 days. The right to a price reduction is excluded.
- No warranty is granted, particularly in the following cases: unsuitable or faulty usage, natural wear and tear (especially of the packaging), faulty or careless treatment or storage, chemical or environmental influences - as far as they cannot be attributed to a fault of the supplier.
Liability is excluded in acts of minor and gross negligence provided personal injury is not involved.
Returns are only accepted after prior written approval. A store credit shall be issued for the goods returned if the conditions are met. A monetary refund will not be made.
The following conditions apply to all returns:
- A (partial) remuneration is dependent on the condition of the returned goods.
- Only goods that have been purchased by the customer via niceshops GmbH will be eligible for return. A return will only take place after prior, explicit written agreement with niceshops GmbH.
- Expired goods will not be eligible for return or replacement. Free replacements only apply to products that cannot be used or sold as a result of manufacturing, shipping or packaging defects.
The customer is obligated to report any changes in company data such as changes in bank account details, company relocations, leasing or sale of the company immediately.
General Terms and Condition Amendments
We reserve the right to unilaterally amend these General Terms and Conditions to the extent that this is necessary to eliminate subsequently arising equivalency disturbance or to adapt to changed legal or technical conditions. We will notify the customer about any changes to relevant information or amended regulations using their last known email address. The amendment becomes an integral part of the contract if the customer does not object to the changes in writing within six weeks after receipt of the amendment notification.
The contract language is German. This contract shall be governed by and construed in accordance with Austrian law. The place of jurisdiction shall be the court competent for such matters in Graz.