General Terms and Conditions
Spiegelau/Nachtmann Online Shop
General Terms and Conditions including Consumer Information
Tabel of content
§ 1 Scope of application and contractual partners
§ 2 Conclusion of contract
§ 3 Prices and ancillary expenses
§ 4 Payment and reservation of title
§ 5 Delivery and passage of risk
§ 6 Right to return goods
§ 7 Customers’ rights in case of defects
§ 8 Liability for damages
§ 9 Choice of law and place of jurisdiction
- These General Terms and Conditions (GTC) in hand are applicable for all contracts concluded between you as customer and us as operator of the Spiegelau/Nachtmann Online Shop (www.shop-nachtmann.de).
- Operator of the Online Shop and your contractual partner is:
Bayerische Glaswerke GmbH, Zacharias-Frank-Strasse 7, 92660 Neustadt a. d. Waldnaab / Germany, registered in the Commercial Register at the Local Court of Weiden in Upper Palatinate / Germany under HRB 2939, represented by Richard Voit. Value added tax identification number: DE 243609252, e-E-Mail: email@example.com, fax: +49 (0) 9602-301100, phone: +49 (0) 9602-300 (The standard costs of your network provider apply).
- These GTC shall govern the details of the contractual relationship while including essential consumer information. You can view these GTC at any time via links in our Online Shop, save them to your computer, and/or print them.
- Our range of goods through the Spiegelau/Nachtmann Online Shop is solely addressed to consumers who have their habitual residence within the state territory of the Federal Republic of Germany, Austria, Denmark, Luxemburg, the Netherlands, Belgium, Czech Republic, Hungary, Spain, Italy, Slovakia, Slovenia, Croatia, Bulgaria, Cyprus, Estonia, Greece, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Sweden, Finland, France or Monaco, Ireland, Liechtenstein, Norway or Iceland and can specify a delivery address in one of those countries. Consumer in terms of the legal definition (§ 13 German Civil code, BGB ) is any natural person concluding a legal transaction for a purpose that can be neither primarily attributed to such person’s commercial activity nor to such person’s self-employed occupational activity.
- A depiction of products in the Spiegelau/Nachtmann Online Shop does not constitute a legally binding offer, but a non-committal online catalogue. By clicking on the button “Buy” you are placing a binding order of the goods contained in the shopping cart. Confirmation of the receipt of your order happens together with the acceptance of your order immediately after submitting your order by automated e-mail reply ("e-mail confirmation"). By such e-mail confirmation the purchase contract has come into existence.
- As far as your order contains several items, the contract comes into existence only in regard to those items that are expressly listed in our e-mail confirmation.
- For reasons of safety each order process is limited to a maximum order value (not including ancillary expenses) in the amount of EUR 2,000.00.
- Contract conclusion takes place in the German language. The text of the contract is safely stored on our internal systems while observing data protection. More detailed information regarding data protection as well as the technical steps of contract conclusion you will find on the information pages of our Spiegelau/Nachtmann Online Shop.
- The prices mentioned in our Online Shop include the legal value added tax at the respective rate in effect and all other price components. They are quoted in EURO plus the ancillary expenses stated below.
- We deliver exclusively to delivery addresses within Germany as well as Austria, Slovakia, Hungary, Czech Republic, Belgium, Netherlands, Luxembourg, Italy, Poland, Sweden, Spain, Bulgaria, Romania, France, Monaco, Denmark, Finland, Portugal, Estonia, Latvia, Lithuania, Greece, Ireland, Croatia, Liechtenstein, Cyprus, Malta, Slovenia, Norway, Iceland. Within Germany as well as to Austria we charge a shipping fee of EUR 6.95 per order; starting from an order value of EUR 70.00 and above we deliver free of shipping charges. Within Slovakia, Hungary, Czech Republic, Belgium, Netherlands, Luxembourg, Italy, Poland, Sweden, Slovenia, Spain, Bulgaria, Romania, France, Monaco, Denmark we charge a shipping fee of EUR 19.50 per order. Within Finland, Portugal, Estonia, Latvia, Lithuania, Greece, Croatia, Liechtenstein, Ireland we charge a shipping fee of EUR 34.90 per order. Within Cyprus, Malta, Norway, Iceland we charge a shipping fee of EUR 59.90 per order.
- Payment of the purchase price happens alternatively - as indicated in more detail through our Spiegelau/Nachtmann Online Shop (order page) - using the following payment methods: Advance payment (bank money transfer in advance), the payment systems PayPal, Sofortüberweisung, Klarna Buy now Pay later or payment by credit card.
- Payment in advance is to be made as a SEPA transfer via the payment service provider MOLLIE B.V.. The invoice amount is due for transfer immediately and must be transferred in accordance with the MOLLIE B.V. specified payment data. The invoice amount must be credited within 14 days at the latest. In case of payment per credit card your credit card will be debited together with the delivery of goods.
- If you fall into default of payment, we can charge interest on arrears in accordance with the statutory provisions (at this time 5.00 percentage points above base rate annually), or a lump sum for damage caused by delay in the amount of EUR 5.00. Furthermore we are entitled under legal prerequisites to invoice you for a damage lump sum in the amount of EUR 25.00 for return debit expenses, if the amount to be paid by you cannot definitively be credited to our account, particularly because of insufficient credit or insufficient funds in your account. Aforesaid damage lump sums apply only in cases where we cannot prove a greater damage, or you cannot prove a lesser damage in the individual case. Further legal rights remain unaffected.
- You are entitled to rights of offset or retention only insofar as your claim has been determined without further legal recourse or is undisputed. For technical reasons however such rights cannot be asserted in the course of the ordering procedure at the Spiegelau/Nachtmann Online Shop, but only in the individual case.
- Pending full payment of the respective invoice amount of a delivery (final and absolute credit entry of the total purchase price including possible ancillary expenses in our bank account) we reserve the title to the delivered goods in any case.
- Dispatch of goods is effected via our central warehouse / logistic center Tiroler Glashütte GmbH, Schneegattern Plant, Kobernausserwaldstrasse 25, 5212 Schneegattern, Austria. Area of delivery and shipping costs are regulated under § 3, subpar. 2. Shipment is effected to the delivery address you have specified in connection with your order. In the event of incorrect, incomplete, or uncertain address information you shall bear all expenses resulting thereof.
- The risk of incidental deterioration and the risk of loss by accident of the goods, particularly in transit, pass to you in accordance with the statutory provisions. Thereafter the risk of incidental deterioration and the risk of loss by accident of the goods pass to you upon delivery to the delivery address you have specified in connection with your order.
- Delivery times indicated by us are calculated from the date of the receipt of our e-mail confirmation; in the case of an advance payment, however, not until the invoice amount is credited to the bank account specified by MOLLIE B.V.. In case there is no delivery period at all or no different delivery period for the respective goods indicated in our Spiegelau/Nachtmann Online Shop, the delivery period is 5 working days. In case such deadline falls on a Saturday, Sunday or an official bank holiday at the place of delivery, the deadline is extended to the next working day.
- In case not all of the goods included in an order can be shipped simultaneously, we shall be entitled to partial deliveries at our expense in accordance with the agreed delivery periods respectively stated in our order confirmation – to a reasonable extent.
- If we cannot adhere to the binding delivery period for reasons, which we ourselves cannot be held responsible for (non-availability of goods, e.g. because of missing delivery to us from upstream suppliers, or force majeure) we will immediately inform you, while stating the new delivery period. If the new delivery period is not acceptable for you, or are the goods also not available within the new delivery period, then both parties to the contract shall be entitled to withdraw from the contract with regard to the goods concerned. In such case we will immediately refund a counter performance already rendered.
- In case nobody is met at the delivery address specified by you during the usual delivery hours (8.00 to 17.00 hours), the transport company commissioned by us shall be entitled in accordance with its terms of transportation as well as subject to any other agreements to delivery of the goods to a neighbor to be specified by you in detail in a written notification addressed to us. Should delivery of the goods fail three times despite of three delivery attempts, we can withdraw from the contract; our legal rights shall remain unaffected. Payment received, if any, will be forthwith refunded to you.
When concluding a long-distance transaction concerning the delivery of goods consumers have a statutory right of cancellation, which we grant you in accordance with the following regulation and notification:
Right of Cancellation
You are entitled to withdraw from this contract within fourteen days without stating any reasons. The cancellation period is fourteen days starting from the date on which either you or any third party named by you, not being the carrier, took possession of the last goods. To exercise your right of cancellation, you have to inform
Bayerische Glaswerke GmbH, Zacharias-Frank-Strasse 7, 92660 Neustadt a. d. Waldnaab / Germany, telephone number: +49 (0) 9602-300, fax number: +49 (0) 9602-301100, e-mail: firstname.lastname@example.org by way of a clear statement (e.g. a letter sent by mail, fax or e-mail)
about your decision to withdraw from this contract. To do so, you may use the following sample cancellation form, which is – however – not mandatory:
To Bayerische Glaswerke GmbH, Zacharias-Frank-Strasse 7, 92660 Neustadt/WN, Germany, telephone number: +49 (0) 9602-300, fax number: +49 (0) 9602-301100, e-mail: email@example.com
- I / We (*) hereby give notice that I / we (*) withdraw from my / our (*) contract of sale of the following goods (*) / provision of the following service (*):
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for communications on paper)
(*) Please delete as applicable
In order to meet the cancellation time limit, it suffices to send the notification about exercising the right of cancellation before the end of the cancellation time limit.
Consequences of cancellation
In case you do withdraw from this contract, we must refund all payments which we have received from you, including delivery costs (except any additional costs resulting from you using a way of delivery other than the cheapest standard delivery which is suggested by us) immediately but within fourteen days from the date of receipt of your notification about the withdrawal from this contract, at the latest. For this refund, we use the same method of payment that you used with the original transaction, unless something else had expressly been agreed with you; in no case you will be charged with any costs in connection with this refund. We can hold back the repayment until we have received the goods or until you have provided proof for returning the goods, depending on which is earlier. You have to return or hand over the goods immediately but in any case within fourteen days from the day on which you notify us about the withdrawal from this contract from Germany to
Bayerische Glaswerke GmbH, Zacharias-Frank-Strasse 7, 92660 Neustadt a. d. Waldnaab / Germany, fax number : +49 (0) 9602-301100, e-mail: firstname.lastname@example.org
from any other country named under § 1 (4) to Tiroler Glashütte GmbH, Schneegattern Plant, Kobernausserwaldstrasse 25, 5212 Schneegattern, Austria.
The 14 days time limit is met as long as you send the goods before its expiry. You will be required to bear the direct costs of returning the products. You are only responsible for a possible loss in value of the goods if such loss in value is resulting from handling the goods in a way that is not necessary for examining the condition, quality and functionality of the goods.
- Further practical indications on the accomplishment of a return delivery you will find within the information pages of our Spiegelau/Nachtmann Online Shop.
- Your rights in the event of material defects and defects of title shall be governed by the statutory provisions unless something differing is stipulated in the following.
- As agreements on the condition of the products shall be considered the product descriptions at our Spiegelau/Nachtmann Online Shop and more detailed manufacturer’s specifications and references which are given on the products you ordered through our Spiegelau/Nachtmann Online Shop. It does not matter whether the product specification originates from us or from the respective manufacturer.
- For information regarding the condition by third parties, in particular by customers within the scope of assessments by customers released to the public at our Online Shop however we do not assume any liability.
- For compensation for damages we are only liable in accordance with § 8.
- Your right of cancellation (see § 6) and rights resulting from possibly separately made warranty declarations or such included with the goods remain unaffected.
- We are liable for compensation for damages in accordance with the statutory provisions unless something differing is stipulated in the following.
- In the event of violation of duties – irrespective of the legal basis – we are only responsible for intent and gross negligence. In case of ordinary negligence we are only liable:
- For damages resulting from injury to life, body or health, and
- For damages resulting from breach of an essential contractual duty (obligation, where the performance of which just enables the proper performance of the contract at all and where the contractual partner regularly trusts in and may trust in the compliance with same); in that case however liability is limited to compensation for the foreseeable, typically occurring damage.
For the contractual relationship exclusively the laws of the Federal Republic of Germany shall apply while excluding uniform substantive law, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG). Regarding the place of jurisdiction the statutory provisions shall apply.
As of June 13th, 2014; rev. March 10th, 2021