1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
These General Terms and Conditions also apply to future business relationships with businesses, without us having to refer to them again. If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract
The purchase contract is concluded with eK Nakhla.
By placing the products in our online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, storage of contract text
The languages available for concluding the contract are German and English.
We save the contract text and send you the order details and our General Terms and Conditions by email. You can also view the General Terms and Conditions here on this page at any time. For security reasons, your past orders are no longer accessible online.
4. Delivery conditions
Shipping costs are added to the stated product prices. You can find more information about shipping costs in the individual offers.
You generally have the option of picking up your order from eK Nakhla, Theodor Brauer Str 35, 51063 Cologne, Germany during the following business hours: 8:00 a.m. to 8:00 p.m.
We do not deliver to packing stations.
5. Payment
In our shop you can generally use the following payment methods:
- PayPal: During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us.
- SOFORT Überweisung: After placing your order, you will be redirected to the website of the online provider SOFORT Überweisung. To pay the invoice amount via SOFORT Überweisung, you must have an online banking account activated for participation in SOFORT Überweisung with a PIN/TAN procedure, verify your identity, and confirm the payment instruction to us.
6. Retention of title
The goods remain our property until full payment has been made. The following applies additionally to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.
7. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory warranty law applies. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
9. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents in case of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the case of guarantee promises, if agreed, or insofar as the scope of application of the Product Liability Act is open.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here: http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.
