1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of NP Media GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 By clicking the "buy now" button, the customer places a binding order for the items in the shopping basket. The seller confirms receipt of the order to the buyer immediately by email after sending the order. A binding contract is concluded upon receipt of the order confirmation. It should be noted that the ordered goods will be delivered as soon as the seller has received payment of the full purchase price and any shipping costs.
2.4 The seller is exceptionally not obliged to deliver the ordered goods if the goods were duly ordered by the seller but were not delivered correctly or in time (congruent covering transaction). A further prerequisite is that the seller is not responsible for the lack of availability of the goods and informs the customer of this circumstance without delay. In addition, the seller must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, the seller shall immediately reimburse the buyer for any payments already made.
2.5 You will be informed about the delivery time on the respective product detail page and before placing the order.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
4) Prices, shipping costs and terms of payment
4.1 The prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the applicable German statutory value added tax. The goods remain the property of the seller until the purchase price has been paid in full.
4.2 The shipping costs can be found in the shipping conditions.
4.3 In principle, the seller offers the payment methods Sofort-transfer, credit card and Paypal. For each order, the Seller reserves the right not to offer certain payment methods and to refer to other payment methods.
4.4 The Customer agrees to receive invoices and credit notes exclusively in electronic form.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2 Your e-mail address will be passed on to the selected shipping service provider in accordance with Art. 6 Para. 1 Sentence 1 lit. a DSGVO so that they can contact you before delivery for the purpose of delivery notification or coordination.
5.3 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable prior notice of the service.
5.4 Self-collection is not possible for logistical reasons.
5.5 In the event that a return shipment is made by the shipping service provider due to incorrect address information provided by the buyer, or due to failure to collect the package, the buyer will be charged for the return freight costs incurred as well as a handling fee of EUR 10.00.
6) Retention of title
If the seller makes advance payment, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11.1 General: Gift Vouchers are vouchers that you can purchase. By purchasing a ayen Gift Voucher or using a ayen Gift Voucher, you agree to be bound by these terms and conditions ("Terms and Conditions"). The vouchers can only be purchased and redeemed in the ayen online store (ayen-label.com). The ayen voucher can be used to pay for the total value or part of the value of the selected item(s). If the balance of a ayen voucher is not sufficient for the order, the difference can be settled with the offered payment methods.
11.2 Delivery: You are obliged to provide a correct address for the delivery of the ayen Voucher. When ordering a ayen voucher, you are obliged to provide a correct e-mail address for delivery. If the address you provide cannot be confirmed, NP Media GmbH reserves the right to withhold the delivery of the voucher.
11.3 Redemption: Vouchers can only be redeemed before the order process is completed. The credit balance of a ayen voucher is neither paid out in cash nor does it earn interest. If the voucher is used as a means of payment for an order, it is not possible to use a discount code for this order. Only one voucher can be redeemed per order.
11.4 Validity: The voucher is valid for 3 years from the date of purchase. After the expiration of the validity period, the ayen voucher cannot be used for purchases or reactivated, nor can the remaining value be refunded. The ayen voucher can be used within the three-year period until the balance is zero. The ayen coupon can be redeemed only in the currency in which it was purchased.
11.5 Exchange: The ayen voucher is excluded from exchange.
11.6 Return: If you use your right of withdrawal for items purchased with a ayen voucher, you will first receive a chargeback of the (partial) amount you paid with your voucher to your voucher before other payment methods. You can find more information in the section "Right of withdrawal".