Standard Business Terms and
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions shall apply to all contracts that you, as the supplier (Nui Studio GmbH), have concluded with us via the website www.nui-studio.com, unless otherwise agreed upon in writing by the parties. Deviations or conflicting terms and conditions shall be applicable only upon our express consent.
(2) We shall only offer our goods for sale if you are a natural or legal person or a legal private company, who, when concluding a legal transaction, is running its commercial or independent business (entrepreneur). Conclusion of a purchase contract with the consumers shall be excluded.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products. The key features of the goods can be found in the respective quote.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can send us inquiries about the purchase of goods or request an offer by telephone, by e-mail or by post. Your inquiries are not binding for you. We will provide you with a binding offer in text form (for example by e-mail), which you can accept within 14 days.
(4) You can submit a binding contract offer (order) by telephone, e-mail or post.
The acceptance of the offer (and thus the conclusion of the contract) will be made by telephone immediately or at the latest within 5 days, by order by e-mail within 5 days or by mail order within 7 days by a textual acceptance which confirms the execution of the order or delivery of the goods (order confirmation).
If you have not received a message within this period, you are no longer bound to your order. In this case the services already rendered are immediately refunded.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Prices, payment terms and shipping costs
(1) The prices stated in the respective offers are net prices. They do not include the statutory VAT.
(2) Within Germany we deliver free of charge (Carriage and Insurance Paid – CIP).
(3) Payment options are displayed using a correspondingly designated button on our Internet website or in the relevant offer. If no other payment period is stated on the invoice or in case of individual payment types, the payment claims from the signed contract are immediately due for payment. Discount deduction is permissible only if it expressly stated in the relevant offer or in the invoice.
§ 4 Delivery conditions
(1) The probable delivery date is stated in the respective offer. Delivery dates and terms of delivery are binding only if they have been confirmed by us in writing. With the prepayment method via transfer, the dispatch of the goods does not take place until after our receipt of the full purchase price and the dispatch costs.
(2) If a product ordered by you is not available, contrary to expectations despite a timely completion of the relevant covering transaction, for reasons for which we are not responsible, you shall be informed about the non-availability without delay and in case of a withdrawal, the payments that have already been made by you shall be reimbursed immediately.
(3) For delivery within Germany, a corresponding transport insurance is covered by our offer (Carriage and Insurance Paid – CIP).
(4) Part deliveries shall be permissible and can be independently specified by you, provided this does not incur additional shipping costs for you.
§ 5 Warranty
(1) The warranty period shall last for one year from the delivery of the goods. The one-year warranty period shall not apply for damages culpably attributable to us arising from any injury to life, body or health and gross negligence or intentionally caused damages or fraud, as well as by right of recourse as per §§ 478, 479 of the German Civil Code (BGB).
(2) In terms of the quality of the goods, only our own information and the product description of the manufacturer shall be deemed to have been agreed, and not other advertising, public promotions and statements made by the manufacturer.
(3) You undertake to promptly examine the goods and pay necessary attention to quality and quantity variances and to notify us in writing (via E-mail, for example) of apparent defects within seven days of receipt; timely dispatch will be sufficient for observing the deadline. The same shall apply to latent defects found later. If the obligation to check and give notice of the defects is violated, the assertion of any warranty claim shall be excluded.
(4) In case of defects, we provide guarantee through repair or replacement at our own discretion. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
§ 6 Right of retention, retention of title
(1) You can exercise the right of retention only if it concerns claims from the same contract relationship.
(2) The goods shall remain our property until the full settlement of all claims from the ongoing business relation. Pledging or assigning the goods as security before the transfer of property of the reserved goods is not permitted.
(3) We shall be under obligation to release securities that are due to you if and when the feasible value of our securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released shall reside with us.
§ 7 Liability
(1) We shall be liable without restrictions for damages caused by injury to life, body or health, in all instances of malice and gross negligence, for the fraudulent concealment of defects, for acceptance of guarantee concerning the condition of the goods, for damages according to the product liability law, and in all other cases regulated by the law.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
(5) State-of-the-art data communication via the Internet cannot guarantee to be flawless or available at any time. We shall not be responsible for the constant and uninterrupted availability of the web page and all services offered.
§ 8 Choice of law, place of fulfilment, jurisdiction
The German law shall apply with the exclusion of the UN purchasing law. The place of fulfilment as well the court of jurisdiction shall be our headquarters.
II. Customer information
1. Identity of the seller
Nui Studio GmbH
telephone number: +49 431 310 403 90
2. Information regarding the conclusion of the contract
The formation of the contract ist carried out as per the stipulation of § 2 of our General Terms and Conditions (part I).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The entire contract wording shall not be saved by us. Before the order or request is submitted the contract information can be printed using the print function on the browser or saved electronically.
4. Statutory warranty right
The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our standard business terms (part I).
Last updated: 10.01.2018