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General 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.
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.
4. Prices
The specified prices are final prices including statutory value added tax (19% for most products and 7% of the net price for certain products). 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).
6. Payment
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 3% 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. Right of Revocation
Customers domiciled in Germany who meet the definition of a “consumer” as per § 13 German Civil Code [BGB] have a statutory right of revocation.
You can revoke your acceptance of the contract within two weeks or, if the purchase is made through eBay, within one month without citing any reasons in written form (e.g. letter, fax, e-mail) or – if the item is released to you before the deadline expires – by returning the item. The deadline begins upon receipt of this notice in writing or upon receipt of the goods by the recipient (in the event of recurring deliveries of goods of the same type: receipt of the first partial delivery) and not before the performance of our information obligations pursuant to § 312c Para. 2 German Civil Code [BGB] in conjunction with § 1 Para. 1, 2 and 4 German Civil Code Information Regulation [BGB-InfoV] and our obligations pursuant to § 312e Para. 1 Sentence 1 German Civil Code [BGB] in conjunction with § 3 German Civil Code Information Regulation [BGB-InfoV], whichever comes last. The revocation deadline is deemed to be met if the revocation or item is sent off in a timely manner. The revocation must be addressed to:
nimax GmbH
Otto-Lilienthalstrasse 9
D-86899 Landsberg a. Lech Germany
Fax: +49-(0)8191-94 04 99
E-mail:
Consequences of Revocation:
In the event of a valid revocation, both parties must return any products or services and return any benefits (e.g. interest) they have received. If you cannot return to us the entire product or service, part of the product or service, or can only return the product or service in a deteriorated condition, you must compensate us for the difference in value, if any. This does not apply to the delivery of items whose deterioration can be solely attributed to their having been tested in the same way that they could have been tested in a store, for example. You do not have to provide compensation for any deterioration caused by putting the item into service as intended. Items that can be sent by parcel post must be returned at our risk. You must pay the return shipment costs if the delivered goods correspond to the ordered goods and the price of the returned items does not exceed EUR 40, or if the price for the item is higher and you have not yet rendered counter-performance or a contractually agreed-upon partial payment at the time of revocation. In all other cases, return shipping is free of charge for you. Items that cannot be sent by parcel post will be picked up at your premises. Obligations to refund payments must be fulfilled within 30 days. This deadline begins for you when you send off your revocation declaration or the item; it begins for us when we receive your revocation declaration or the item.
We ask you to insure return shipments and pay for sufficient postage upfront in order to avoid postage penalties and to select the cheapest shipping method. We will reimburse you for the postage outlays without delay.
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.
Special Remarks:
The right of revocation also applies to international shipments made within the EU. However, if a revocation is made, the consumer will principally have to pay the return shipping costs if the delivered goods correspond to the ordered goods, unless otherwise compulsorily required under local consumer laws.
Please understand that there is no right of revocation for shipments outside the EU.
9. 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.: +49-(0)8191-94 04 91; Fax: +49-(0)8191-94 04 99, E-mail:
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.
10. Warranty
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.
11. Liability, Copyright & Data Protection
11.1. 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.
11.2. 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.
11.3 Sweepstakes
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.
11.4. Copyright
No copyright-protected contents on these web pages may be copied, modified, exploited or distributed without our written consent.
11.5. 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.
12. 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.
13. 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.
14. 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.
10.08.2020
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