Terms and Conditions
1 Scope of Application
Our General Terms and Conditions shall exclusively apply. We do not acknowledge any terms that contradict or differ from our Terms and Conditions, unless we have expressly agreed to them in writing.
2 Conclusion of the Contract
The purchase contract is not concluded until the goods are delivered or a separate written confirmation with a delivery promise is provided. The contract is not concluded by the automatic e-mail confirming the receipt of the order.
While we endeavour to minimise delivery delays and delivery impossibility as much as possible by regularly updating our database, we cannot rule them out completely.
The legally binding conclusion of the contract is subject to the condition precedent, that the competent licensing authority in Germany, the Federal Office for Economic Affairs and Export Control (BAFA), issues the necessary authorisation(s) for the sale, delivery, transfer and/or export of the goods.
3 Shipping Costs
Shipping costs depend on the number and weight of the packages and the country of the shipping address. A table on our pages lists the weight and destination country related shipping costs. If you add items to your shopping cart and enter your address, you will be shown the exact shipping costs before you conclude your order.
Since shipping costs are particularly high for certain products and destination countries, we reserve the right to charge you the actual shipping costs instead of the specified flat rates. In such rare cases, however, we will contact you before shipping the items.
The specified prices are final prices including statutory value added tax. For orders with a delivery address outside of the European Union, the specified prices are understood to be net prices. In some circumstances, customs duties and import taxes for the destination country may additionally have to be paid upon delivery.
5 Due Date
The purchase price becomes due and payable upon the conclusion of the contract (i.e. when the goods are delivered or when the written confirmation with the delivery promise is received).
You can use the following methods of payment:
- Credit card (we accept Visa, MasterCard and American Express)
- C.O.D. (if offered in the destination country, plus C.O.D. charges)
- Advance payment by electronic funds transfer (in this case, you will receive a 2% cash discount on the invoice amount)
- Giropay (only in Germany)
We also offer payment by direct debit or invoice upon request. We reserve the right to restrict the methods of payment on a case-by-case basis.
7. Retention of Title
The delivered goods remain the property of nimax GmbH until they have been paid in full.
8 Export Control
8.1 The buyer is obligated to comply with all prohibitions and restrictions in force under the respective national, European and US export control regulations, including all country- and person-specific embargoes, for own use as well as for the sale and transfer to third parties.
8.2 The buyer is obligated not to use the goods for military purposes or in connection with ABC weapons or their missile technologies.
8.3 If the buyer violates his obligations under 8.1 or 8.2, a contractual penalty in the amount of 5 times the sales price of the goods concerned will be due immediately.
8.4 Claims for damages against the buyer arising from the violation of his obligations under 8.1 or 8.2 are not precluded by the payment of a contractual penalty according to 8.3. The buyer shall also bear the cost of all statutory fees for legal remuneration if official investigations are initiated against nimax GmbH or its employees.
9 Right of withdrawl
Customers who meet the definition of a “consumer” as per § 13 German Civil Code [BGB] have a statutory right of revocation.
Information concerning the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (nimax GmbH, Otto-Lilienthal-Str. 9, 86899 Landsberg, Germany, Tel.+44 203 8688042, Email ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of information concerning the exercise of the right of withdrawal
Exclusion of the Right of Revocation:
There is no right of revocation for distance contracts for the supply of goods made to the customer’s specifications or clearly personalised or which, by reason of their nature, cannot be returned. Furthermore, there is no right of revocation for contracts for the supply of audio of video recordings or computer software, to the extent that the delivered data media were unsealed by the consumer.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
10 Complaints/Damages Sustained in Transit
If the packaging has externally visible signs of damage upon delivery, then delivery should be refused and the shipper notified accordingly (please note the deliverer’s name) or the contents should be examined for completeness in the deliverer’s presence and the goods checked to ensure that they are in good condition wherever possible.In any case, we ask that you document any damages in a damage report.
If you do not realise that the goods are damaged until the package is opened, please contact us immediately so that we can report the damage to the transport company (Tel.: +44 203 8688042; Email: firstname.lastname@example.org). We will require your assistance to settle and adjust claims for damage sustained in transit.For this reason, we ask that you keep the packaging unchanged as evidence and refrain from using the damaged goods.You can additionally help us by taking pictures to document the damages.
In the event of a misdelivery, we ask that you contact us before you return the goods to us.We will pay the return shipping costs if your complaint is justified.
The warranty period for consumers is two years for new items and one year for used items. In the case of companies, warranty claims become time-barred within one year for new items; there is no warranty for used items. This does not apply to claims for damages caused by injuries to life, limb or health due to a defect attributable to nimax GmbH or due to gross negligence or wilful misconduct on the part of the seller or its agents.
The statutory warranty provisions apply accordingly.
12 Liability, Copyright & Data Protection
12.1. Liability for Contents
The contents of the pages in our online shop were prepared with utmost diligence. However, we cannot guarantee that the contents are complete, accurate or up-to-date.
Only the German-language contents in this online shop are legally binding. The contents in other languages are partially translations generated by an automatic translation program. We assume no liability for any errors in the translation.
12.2. Liability for Links
Our shop contains links to third-party websites; we assume no liability for the contents of these websites; the responsibility for these contents lies with the respective website operators. We reviewed these external sites for illegal contents and legal violations. However, it is unreasonable to expect us to conduct a permanent content review without any concrete indications of a legal violation. If we learn of a legal violation, the link to the affected website will be removed immediately.
Participation in our sweepstakes is free of charge. There is no right to the prize or the allocation of a prize. Legal recourse is excluded.
No copyright-protected contents on these web pages may be copied, modified, exploited or distributed without our written consent.
12.5. Data Protection
We pledge to abide by the terms of the German Federal Data Protection Act [Bundesdatenschutzgesetz] and other relevant legal provisions when collecting, processing and using the ordering party’s personal data.
We use SSL encryption technology when transferring personal data in order to provide maximum confidentiality.
13 Applicable Law
The laws of Germany apply, exclusive of the provisions of the UN Convention on Contracts for the International Sale of Goods. Landsberg a. Lech is the place of jurisdiction for any disputes arising under the contractual relationship, provided that the customer is a business owner or a corporate body under public law.
14 Extrajudical dispute resolution
Since February 15th, 2016 the EU Commission offers a common platform for extrajudicial dispute conciliation. It provides consumers the immediate ability to resolve disputes concerning their online orders without addressing a court in the first instance. This platform may be reached at the external link http://ec.europa.eu/consumers/odr/. In this context we are legally obliged to point out our e-mail address to you. It is .
We are striving to settle possible differences resulting from our contract by mutual agreement. Should we fail to reach an agreement on an amicable basis, we are willing in cases of disputes exceeding an amount of 500 Euros to carry out a conciliation procedure by a recognised mediation centre that does not incur any expenses for our customers. If no agreement is reached there, customers may appeal against the results through the courts.
15 Partner Programme
The partner programme is based on mutual trust. The partner is not allowed to sue for reimbursement of advertising costs incurred in connection with the partner programme.
16 Severability Clause
If individual provisions of our Terms and Conditions are or become invalid in whole or in part, the validity of the contract and the other items shall remain unaffected by this.