TERMS OF SERVICES

NP GLOVES GMBH TERMS & CONDITIONS

VERSION 2024

 

SUMMARY 

SECTIONS

  1. GENERAL INFORMATION
  2. ORDERS
  3. PRICES AND PAYMENTS
  4. DELIVERIES
  5. RISK TRANSFER
  6. RETENTION OF TITLE
  7. WARRANTY
  8. DAMAGES IN TRANSIT
  9. GENERAL T&CS

 

APPENDIX ONE – CANCELATION POLICY

APPENDIX TWO – CANCELATION TEMPLATE FORM

 

GENERAL TERMS AND CONDITIONS

NP GLOVES GMBH

SECTION 1 - GENERAL INFORMATION

    1. THESE GENERAL TERMS AND CONDITIONS (“AGB”) APPLY TO ORDERS, SALES AND DELIVERIES OF PRODUCTS THAT ARE OFFERED AND SOLD IN THE ONLINE SHOP ON NINAPETER.COM  (“PRODUCTS”) OF NP GLOVES GMBH, WIPPLINGERSTRASSE 31/8, 1010 VIENNA, AUSTRIA (“NINA PETER”). THESE GTC APPLY IF THE BUYER IS A CONSUMER WITHIN THE MEANING OF SECTION 1 OF THE CONSUMER PROTECTION ACT (KONSUMENTENSCHUTZGESETZ – KSCHG) (“CUSTOMER”).
    2. GENERAL TERMS AND CONDITIONS OF THE CUSTOMER, PARTICULARLY GENERAL TERMS AND CONDITIONS OF PURCHASE, DO NOT APPLY EVEN IF NP GLOVES GMBH DOES NOT EXPLICITLY OBJECTS TO THEM. SUCH TERMS AND CONDITIONS SHALL ONLY APPLY OF THE PARTIES HAVE ENTERED INTO A DIFFERENT WRITTEN AGREEMENT IN INDIVIDUAL CASES.
    3. NP GLOVES GMBH RESERVES THE RIGHT TO AMEND THESE GTC. THE GTC APPLICABLE AT THE TIME THE CUSTOMER PLACES AN ORDER APPLY TO THE SALE AND DELIVERY OF PRODUCTS.

 

SECTION 2 - ORDERS

    1. THE PRODUCTS AND PRICES DISPLAYED ON THE NP GLOVES GMBH ONLINE SHOP CONSTITUTE AN INVITATION FOR THE CUSTOMER TO MAKE A BINDING OFFER FOR THE PURCHASE OF THE PRODUCT TO NP GLOVES GMBH (“ORDER”). ORDERS PLACED BY THE CUSTOMER ARE BINDING FOR A PERIOD OF 14 (FOURTEEN) DAYS UNLESS OTHERWISE AGREED.
    2. NP GLOVES GMBH SHALL SEND CONFORMATION OF RECEIPT OF THE ORDER BY NP GLOVES GMBH TO THE EMAIL ADDRESS STATED BY THE CUSTOMER (“ORDER CONFIRMATION”). THIS ORDER CONFIRMATION DOES NOT CONSTITUTE AN ACCEPTANCE OF THE CUSTOMER’S ORDER BUT MERELY CONFIRMS ITS RECEIPT. NP GLOVES GMBH MAY CHOOSE TO ACCEPT OR REJECT THE CUSTOMER’S ORDER, IN WHOLE OR PART THEREOF, WITHOUT STATING ANY REASONS.
    3. NP GLOVES GMBH ACCEPTS THE CUSTOMER’S ORDER (I) BY ACTUALLY HANDING OVER ALL OR INDIVIDUAL PRODUCTS FOR DISPATCH OR (II) BY EXPLICITLY ANNOUNCING THE ACCEPTANCE OF THE ORDER. NP GLOVES GMBH SHALL SEND THE CUSTOMER CONFIRMATION OF DISPATCH OF ALL OR INDIVIDUAL PRODUCTS TO THE EMAIL ADDRESS STATED BY THE CUSTOMER (“CONFIRMATION OF DISPATCH”).
    4. THE CONTRACT FOR THE SALE AND DELIVERY OF THE PRODUCT BETWEEN THE CUSTOMER AND NP GLOVES GMBH IS CLASSED AND CONCLUDED UPON RECEIPT OF THE ORDER CONFIRMATION OR EXPLICIT CONFIRMATION OR RECEIPT OF ORDER. THE PURCHASE PRICE AND RESPECTIVE PRODUCTS ARE SPECIFIED IN THE CONFORMATION OF DISPATCH.
    5. IMAGES, DRAWINGS, DIMENSIONS AND SERVICE SPECIFICATIONS AS WELL AS PUBLIC STATEMENTS (E.G. ON THE WEBSITE OR IN MARKETING DOCUMENTATION) DO NOT FORM PART OF THE CONTRACT, UNLESS EXPLICITLY STATED AS BINDING IN THE PRODUCT DESCRIPTION.

 

SECTION 3 - PRICES AND PAYMENT

    1. ALL PRICES ARE STATED IN EUROS, US DOLLARS OR BRITISH POUND, DEPENDING ON THE CHOSEN SETTING, INCLUDE VAT, POSTAGE AND PACKING, UNLESS OTHERWISE STATED.
    2. THE CUSTOMER AUTHORISES NP GLOVES GMBH TO DEBIT THE RESPECTIVE PURCHASE PRICE OF THE PRODUCTS, FROM THE CUSTOMER’S MEANS OF PAYMENT AT THE TIME A CUSTOMER ACCOUNT IS CREATED, OR AT THE TIME OF A CONFIRMED ORDER.
    3. THE PURCHASE PRICE PLUS EXPRESS POSTAGE IS AUTHORISED TO BE DEBITED FROM THE CUSTOMER’S MEANS OF PAYMENT BY NP GLOVES GMBH WHEN THE CUSTOMER PLACES AN ORDER. THE AMOUNT IS DEBITED FROM THE CUSTOMER’S ACCOUNT AT POINT OF PURCHASE.
    4. IN THE EVENT OF THE CUSTOMER DEFAULTING ON PAYMENT, 7% DEFAULT INTEREST P.A. SHALL BE DEEMED TO HAVE BEEN AGREED. A FIXED FEE OF EUR 15.00 IS CHARGED FOR PAYMENT REMINDERS.

 

SECTION 4 - DELIVERIES

    1. DELIVERY DATES STATED BY NP GLOVES GMBH ARE BASED ON THE INFORMATION PROVIDED BY THE DELIVERY SERVICE AND ARE NON-BINDING.
    2. IN THE EVENT OF THE NON-COMPLIANCE WITH THE DELIVERY DATE BEING DUE TO FORCE MAJEURE, LABOUR DISPUTES OR OTHER EVENTS THAT FALL OUTSIDE NP GLOVES GMBH'S SCOPE OF CONTROL, THE DELIVERY DATE SHALL BE POSTPONED APPROPRIATELY FOR THE DURATION OF THE OBSTACLE. NP GLOVES GMBH SHALL NOTIFY THE CUSTOMER AS SOON AS POSSIBLE ABOUT THE START AND END DATE OF SUCH CIRCUMSTANCES.
    3. IN THE EVENT OF NP GLOVES GMBH BEING DELAYED IN DELIVERY, THE CUSTOMER SHALL GRANT NP GLOVES GMBH A MINIMUM GRACE PERIOD OF FOUR WEEKS. THE CUSTOMER MAY ONLY WITHDRAW FROM THE AGREEMENT ON THE GROUNDS OF A DELAY CAUSED BY NP GLOVES GMBH IF SUCH PERIOD OF GRACE HAS EXPIRED WITHOUT ANY DELIVERY TAKING PLACE.

 

SECTION 5 - RISK OF TRANSFER

    1. WHEN NP GLOVES GMBH DISPATCHES THE PRODUCTS, THE RISK OF LOSS OR DAMAGE TO THE PRODUCTS IS ONLY TRANSFERRED TO THE CUSTOMER ONCE THE PRODUCTS HAVE BEEN DELIVERED TO THE CUSTOMER, OR A THIRD PARTY DETERMINED BY THE CUSTOMER.
    2. IF THE CUSTOMER HAS CONCLUDED THEIR OWN TRANSPORT CONTRACT WITHOUT USING AN OPTION SUGGESTED BY NP GLOVES GMBH, THE RISK IS ALREADY TRANSFERRED ONCE THE PRODUCTS ARE HANDED OVER TO THE DELIVERY SERVICE.

 

SECTION 6 - RETENTION OF TITLE

    1. NP GLOVES GMBH RESERVES THE TITLE TO THE PRODUCTS UNTIL THE CUSTOMER HAS PAID THE PURCHASE PRICE AND ANCILLARY COSTS (PARTICULARLY POSTAGE) IN FULL.
    2. IF THE CUSTOMER SELLS THE PRODUCTS, IT SHALL HEREWITH ALREADY ASSIGN THE RECEIVABLES FROM THIRD PARTIES ARISING FROM THE SALE, INCLUDING ALL OF THEIR ANCILLARY RIGHTS, TO NP GLOVES GMBH UNTIL THE FULL REPAYMENT OF THE RECEIVABLES.
    3. THE CUSTOMER SHALL NOTIFY NP GLOVES GMBH IMMEDIATELY OF ALL EVENTS THAT AFFECT THE RETENTION OF TITLE, PARTICULARLY OF ANY ENFORCEMENT MEASURES.

 

SECTION 7 - WARRANTY  

    1. NP GLOVES GMBH DOES NOT PROVIDE ANY WARRANTY FOR DEFECTS CAUSED BY THE CUSTOMER’S INFORMATION, DRAWINGS OR INDIVIDUAL REQUIREMENTS OR MATERIALS PROVIDED BY THE CUSTOMER.
    2. NO WARRANTY SHALL BE GIVEN IN THE FOLLOWING CASES: UNSUITABLE OR IMPROPER USE, NATURAL WEAR AND TEAR, IMPROPER, INCORRECT OR NEGLIGENT HANDLING OR CLEANING AS WELL AS UNUSUAL IMPACTS.
    3. IN THE EVENT OF A DEFECT BEING COVERED BY MANDATORY WARRANTY, NP GLOVES GMBH WILL REPAIR OR REPLACE THE PRODUCTS AT ITS OWN DISCRETION AND AT ITS OWN FACILITIES. THE CUSTOMER SHALL CARRY THE COSTS FOR RETURNING THE PRODUCTS.
    4. THE CUSTOMER HAS THE RIGHT TO WITHDRAW FROM THE CONTRACT IF THE DEFECT IS MATERIAL AND NP GLOVES GMBH FAILS TO REPAIR OR REPLACE THE DEFECTIVE PRODUCT WITHIN A PERIOD OF GRACE OF FOURTEEN DAYS. IF A DEFECT IS IMMATERIAL, THE CUSTOMER IS ONLY ENTITLED TO A REDUCTION OF THE PURCHASE PRICE.

 

SECTION 8 - DAMAGES IN TRANSIT

    1. NP GLOVES GMBH DOES NOT ASSUME ANY LIABILITY FOR DAMAGES CAUSED BY ACTS OF SLIGHT NEGLIGENCE, WITH THE EXCEPTION OF PERSONAL INJURY. LIABILITY SHALL ALSO BE EXCLUDED FOR PURE FINANCIAL LOSSES, LOSS OF PROFIT, THIRD-PARTY DAMAGES, INDIRECT DAMAGES AND SUBSEQUENT DAMAGES.
    2. THE LIABILITY OF NP GLOVES GMBH IS LIMITED TO THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER.
    3. CLAIMS FOR DAMAGES AGAINST NP GLOVES GMBH OR EMPLOYEES OF NP GLOVES GMBH SHALL EXPIRE BY LIMITATION WITHIN SIX MONTHS FROM OBTAINING KNOWLEDGE OF THE DAMAGE AND LIABLE PARTY.
    4. PROVISIONS OF THIS SECTIONS WHICH LIMIT OR EXCLUDE LIABILITY SHALL NOT APPLY IF AND INSOFAR AS NP GLOVES GMBH ACTS WITH GROSS NEGLIGENCE OR MALICIOUS INTENT.

 

SECTION 9 - GENERAL TERMS AND CONDITIONS

    1. ALL LEGAL RELATIONSHIPS BETWEEN NP GLOVES GMBH AND THE CUSTOMER SHALL BE EXCLUSIVELY GOVERNED BY AUSTRIAN LAW UNDER EXCLUSION OF THE CONFLICT OF LAWS AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG).
    2. THE PLACE OF JURISDICTION IS THE COURT FACTUALLY RESPONSIBLE FOR THE NP GLOVES GMBH HEAD OFFICE.
    3. THE PLACE OF FULFILMENT FOR THE OBLIGATIONS ARISING FROM THE CONTRACTUAL RELATIONSHIP IS NP GLOVES GMBH HEAD OFFICE.
    4. THE CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO THIRD PARTIES WITHOUT PRIOR WRITTEN CONSENT FROM NP GLOVES GMBH.
    5. THE CUSTOMER MAY ONLY OFFSET RECEIVABLES AGAINST CLAIMS BY NP GLOVES GMBH IF RECEIVABLES ARE LEGALLY CONNECTED WITH THE CLAIMS, HAVE BEEN RECOGNISED OR HAVE BEEN FOUND TO BE BINDING BY A COURT.
    6. THE CUSTOMER SHALL DISCLOSE CHANGES TO THEIR ADDRESS TO NP GLOVES GMBH. FAILURE TO DO SO SHALL RESULT IN ANY DECLARATION SENT TO THE CUSTOMER BY NP GLOVES GMBH TO THE LAST KNOWN ADDRESS BEING DEEMED TO HAVE BEEN RECEIVED.
    7. ANY AMENDMENTS OR ADDENDUMS TO THIS AGREEMENT SHALL BE PLACED IN WRITING TO BECOME EFFECTIVE. THE SAME SHALL APPLY TO THE WAIVER OF THIS WRITTEN FORM REQUIREMENT.

AS OF: JANUARY 2024

INFORMATION IN ACCORDANCE WITH SECTION 19 (3) OF THE ALTERNATIVE ARBITRATION ACT (ALTERNATIVES STREITBEILEGUNGS-GESETZ; ASTG)

NP GLOVES GMBH IS NOT OBLIGED, AND UNWILLING, TO PARTICIPATE IN ALTERNATIVE ARBITRATION PROCEEDINGS IN ACCORDANCE WITH THE ALTERNATIVE ARBITRATION ACT (ALTERNATIVES STREITBEILEGUNGS-GESETZ; ASTG).

NOTICE IN ACCORDANCE WITH ARTICLE 14 OF THE ODR REGULATIONS

THE WEBSITE OF THE EUROPEAN COMMISSION FOR ONLINE DISPUTE RESOLUTION CAN BE ACCESSED ATHTTPS://EC.EUROPA.EU/ODR. PLEASE DO NOT HESITATE TO CONTACT US AT service@ninapeter.com SHOULD YOU HAVE ANY QUESTIONS OR COMMENTS.

INFORMATION IN ACCORDANCE WITH SECTION 7 OF THE LONG-DISTANCE AND FOREIGN TRADE ACT (FERN- UND AUSWÄRTSGESCHÄFTE-GESETZ; FAGG)

 

APPENDIX ONE

CANCELLATION POLICY

CANCELLATION RIGHT

YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT WITHIN FOURTEEN DAYS FROM THE CONCLUSION OF THIS CONTRACT. PLEASE NOTE THAT IN ACCORDANCE WITH SECTION 18 (1) LINE 3 FAGG, YOU DO NOT HAVE THE RIGHT TO CANCEL THE CONTRACT IF THE PRODUCTS HAVE BEEN MANUFACTURED IN ACCORDANCE WITH YOUR SPECIFICATIONS OR TAILORED TO MEET YOUR OWN REQUIREMENTS

THE CANCELLATION PERIOD IS FOURTEEN DAYS FROM THE DAY ON WHICH YOU, OR A THIRD PARTY NAMED BY YOU WHO IS NOT THE CARRIER, HAVE OR HAS TAKEN POSSESSION OF THE GOODS OR, IN THE EVENT OF PARTIAL DELIVERIES, THE DAY ON WHICH YOU, OR A THIRD PARTY NAMED BY YOU WHO IS NOT THE CARRIER, HAVE OR HAS TAKEN POSSESSION OF THE FINAL GOODS.

IN ORDER TO EXERCISE THE RIGHT TO CANCEL THE CONTRACT, YOU SHALL NOTIFY US (NP GLOVES GMBH, WIPPLINGERSTRASSE 31/8, 1010 VIENNA, AUSTRIA, services@ninapeter.com WITH AN UNAMBIGUOUS DECLARATION (E. G. A LETTER SENT IN THE POST OR AN EMAIL) OF YOUR DECISION TO CANCEL THIS CONTRACT. YOU CAN, BUT DO NOT HAVE TO, USE THE CANCELLATION FORM TEMPLATE ATTACHED FOR THIS PURPOSE.

IN ORDER TO COMPLY WITH THE CANCELLATION PERIOD, IT IS SUFFICIENT FOR YOU TO SEND OFF THE NOTIFICATION THAT YOU PLAN TO EXERCISE YOUR RIGHT TO CANCEL THE CONTRACT BEFORE THE CANCELLATION PERIOD HAS EXPIRED.

CONSEQUENCES OF A CANCELLATION

IF YOU CANCEL THIS CONTRACT, WE SHALL REIMBURSE TO YOU ALL PAYMENTS PREVIOUSLY RECEIVED FROM YOU, INCLUDING POSTAGE (EXCLUDING THE ADDITIONAL COSTS RESULTING FROM YOU HAVING SELECTED A TYPE OF DELIVERY THAT DIFFERS FROM THE LOWER-COST STANDARD DELIVERY OFFERED BY US), WITHOUT DELAY AND NO LATER THAN WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH WE RECEIVE THE NOTIFICATION OF YOUR CANCELLATION OF THIS CONTRACT. WE REPAY THESE AMOUNTS THROUGH THE SAME MEANS OF PAYMENT YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS EXPLICITLY AND OTHERWISE AGREED WITH YOU. YOU SHALL NOT BE CHARGED ANY FEES FOR SUCH REIMBURSEMENT. WE MAY REFUSE TO REIMBURSE YOUR PAYMENTS UNTIL WE HAVE RECEIVED THE RETURNED GOODS OR UNTIL YOU HAVE PROVIDED PROOF THAT YOU HAVE RETURNED THE GOODS, WHICHEVER THE EARLIER.

YOU SHALL RETURN, OR HAND OVER, TO US THE GOODS WITHOUT DELAY, BUT NEVER LATER THAN WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH YOU NOTIFY US OF YOUR CANCELLATION OF THIS CONTRACT. THIS DEADLINE SHALL BE DEEMED TO HAVE BEEN COMPLIED WITH IF YOU DISPATCH THE GOODS BEFORE THE FOURTEEN-DAY PERIOD EXPIRES.

WE SHALL CARRY THE DIRECT COSTS FOR RETURNING THE GOODS.

YOU SHALL ONLY PAY FOR A POTENTIAL LOSS OF VALUE OF THE GOODS OF THIS LOSS OF VALUE IS CAUSED BY YOU HANDLING THEN GOODS IN AN UNNECESSARILY INAPPROPRIATE MANNER IN ORDER TO CHECK ITS QUALITY, PROPERTIES AND FUNCTIONS.


APPENDIX TWO

CANCELLATION FORM TEMPLATE

(PLEASE RETURN THE COMPLETED FORM TO US IF YOU WISH TO CANCEL THE CONTRACT)

TO

NP GLOVES GMBH

WIPPLINGERSTRASSE 31/8

1010 VIENNA, AUSTRIA

SERVICE@NINAPETER.COM

I/WE HEREWITH CANCEL THE CONTRACT CONCLUDED BY ME/US FOR THE PURCHASE OF THE FOLLOWING GOODS: _________________________________________

ORDER DATE _____________ / RECEIVED ON _____________

NAME(S) OF CONSUMER(S) ______________________

ADDRESS(ES) OF CONSUMER(S) ___________________

________________________________________________

SIGNATURE(S) OF CONSUMER(S)

(ONLY FOR PAPER NOTIFICATIONS)

DATE: _____________

 

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