1. Scope of application
For the business relationship between MAPA GmbH and the customer (consumer in the sense of § 13 BGB) only these general terms and conditions apply in the version valid at the time of the order. The General Terms and Conditions can be accessed, printed out and saved at any time on www.nuk.de/en_gb/terms-conditions
2. Conclusion of contract
2.1 The product presentations on the online shop serve to submit a purchase offer. By clicking the button [Buy] the customer submits a binding purchase offer to fine trade GmbH, Am Gammarkt 4, Götzis, Austria, postal address for consumers in Germany: Odeonsplatz 18, 80539 Munich. If the customer concludes the purchase with the selection of one of the offered payment methods during the order process, the purchase contract between the customer and Fine Trade GmbH is concluded. In this case, Fine Trade GmbH is the seller of the goods and the purchase price is to be paid exclusively to Fine Trade GmbH. The General Terms and Conditions apply exclusively.
Fine trade GmbH reserves the right to initiate a credit check with third parties in individual cases and, if necessary, to forward data to SCHUFA. The credit assessment is always carried out for clients to whom fine trade GmbH delivers on open account or by instalment payment. We point out your right of objection.
2.2 Our products are only sold for private use in normal household quantities.
2.3 We can accept orders by sending a separate order confirmation by e-mail or by delivering the goods within five days. The confirmation of the receipt of the order takes place via an automated e-mail immediately after sending the order and does not yet constitute acceptance of the contract.
2.4 Should our order confirmation contain typing or printing errors, or should our price determination be based on technically caused transmission errors, we are entitled to challenge the order, whereby we must prove our error. Payments already made will be refunded immediately.
2.5 In the case of ordered goods which are not listed in the order confirmation, no sales contract is concluded; the same applies to goods not included in the delivery, provided that no order confirmation has been sent beforehand and the sales contract is concluded upon delivery of the goods to the customer.
The prices stated on the product pages at the time of ordering apply. These include the legal value added tax and all other price components and do not include the stated shipping costs.
4. Shipping costs
4.1 For delivery within the UK we charge a flat rate of EUR 3.95 including VAT per order and delivery address.
5. Delivery area, terms of delivery and reservation of self-delivery
5.1 Delivery takes place exclusively within the UK.
5.2 The delivery time within the UK - unless otherwise stated in the offer - is between 5 to 7 working days.
5.3 In the event that some of the ordered products are out of stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for the customer.
5.4 Should the delivery of the goods fail despite three attempts at delivery, we are entitled to withdraw from the contract. Any payments made will be reimbursed to the customer without delay.
5.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we are entitled to withdraw from the contract. In this case, the customer will be informed by us immediately and, if necessary, will be offered the delivery of a comparable product. If no comparable product is available, or the customer does not wish to receive a comparable product, we will immediately reimburse the customer any payments already made.
6. Terms of payment
6.1 Payment can be made by credit card (Mastercard and Visa), or PayPal.
6.2 The customer is only entitled to set-off claims against us that have been legally established, are undisputed, or have been acknowledged by us in writing.
6.3 The right of retention can only be exercised if the claims result from the same contractual relationship.
7. Retention of title
The goods remain our property until full payment has been received. Prior to the transfer of ownership, pledging, security transfer, processing or transformation is not permitted without our consent.
8. Right of revocation
8.1 Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The time limit for revocation is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods.
To exercise your right of revocation, you must contact us at
Retourenabteilung Halle 20
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
Download the sample withdrawal form
In order to comply with the revocation period, it is sufficient that you send the notice of exercising your revocation right before the revocation period expires.
8.2 Consequences of the revocation
If you cancel this agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods or until you can prove that you have returned the goods, whichever is earlier.
You must return, or hand over, the goods to us immediately and at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the fourteen-day deadline has expired. We bear the costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, properties and functioning of the goods.
8.3 If possible, the goods must be returned to us in their original packaging with all accessories and packaging components. The returned goods must be adequately protected against transport damage in order to avoid claims for damages due to damage as a result of inadequate packaging.
8.4 The modalities mentioned in Sections 8.2 and 8.3 are not a prerequisite for the effective exercise of the right of withdrawal.
8.5 Notice of non-existence of the right of withdrawal
The right of withdrawal does not apply to distance contracts for the supply of goods which are not prefabricated and for the manufacture of which individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
8.6 In the event of revocation, extras granted in connection with the purchase must also be returned, unless expressly provided otherwise in individual cases in the specific offer.
9. Transport damage
9.1 If goods are delivered with obvious transport damage, such errors must be reported immediately to the deliverer and we are to be notified of this (e-mail: nukshop(at)mapa.de).
9.2 Failure to make a complaint or establish contact with us has no consequences for the customer's statutory warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.
Warranty is provided in accordance with the statutory provisions.
For all defects of the purchased item, which occur during the statutory warranty period, the statutory claims for subsequent performance, rectification of defects or new delivery, as well as claims for reduction in price, withdrawal from the contract or damages, if applicable, shall apply at the customer's discretion.
11. Liability, copyright
11.1 We exclude our liability for breaches of duty due to slight negligence, insofar as these do not relate to fundamental contractual obligations, damage resulting from injury to life, body or health or guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.
11.2 For damages caused by slight negligence, our liability is limited to the typically foreseeable damage, however, to a maximum of 5% of the total price agreed in the affected contract.
11.3 The customer is solely responsible for the content and the lawful use of transferred image files or other possibly copyrighted or protected works and illustrations. If transmitted image files and illustrations are protected by personal rights, copyrights or industrial property rights (e.g. trademarks or designs), the customer shall ensure that the rights of use and permits necessary for their use are obtained. The customer hereby indemnifies MAPA from all claims of third parties arising from his violation of the aforementioned rights by the use of the image files within the scope of the order.
11.4 The customer shall ensure that the contents of the transmitted image files do not violate applicable criminal law, in particular the provisions on the distribution of child pornography (§§ 184 ff. StGB) and the prohibition of incitement of the people (§ 130 StGB). Should MAPA become aware of violations of criminal law, MAPA will immediately call in the competent law enforcement authorities.
12. Applicable law
The law of the Federal Republic of Germany shall apply with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CSIG).
13. Final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain effective. The invalid provision shall be replaced by the relevant statutory provisions.
Guidelines for out-of-court settlement of disputes:
We are legally obliged to point out to you that the European Commission operates a platform for out-of-court online dispute resolution (OS) under the following link webgate.ec.europa.eu/odr/main/.
Please note that we are neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration body.
If you have any questions or complaints, please contact us using the following e-mail address: nukshop(at)mapa.de.