Terms of service
Terms and Conditions and Customer Information
I. Terms and Conditions
1. General Provisions
The following terms and conditions apply to all contracts concluded between you and us as the provider via the website www.niqua-shop.de. Any conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless we expressly agree to their validity in writing.
A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
An entrepreneur is a natural or legal person or a legally capable partnership acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2. Conclusion of the Contract
The subject matter of the contract is the sale of goods.
The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalogue.
By clicking the button “Place order with obligation to pay”, you submit a binding order for the goods contained in the shopping cart. The contract is concluded only upon our express order confirmation or upon dispatch of the goods.
The ordering process is as follows:
- The intended goods are placed in the shopping cart
- You can access and modify the shopping cart at any time
- After proceeding to checkout and entering personal, payment, and shipping details, all order data is displayed in a summary
- You can review, modify, or cancel your order before submission
- By submitting the order, you place a binding order
If you use an instant payment method (e.g. PayPal, Shop Pay, Apple Pay, Google Pay), you may be redirected to the respective payment provider. After entering the required information, you will be redirected back to the shop if applicable.
If we provide you with an individual offer in text form (e.g. by email), you are bound by it for 5 days unless otherwise stated.
Order processing and communication are carried out via email, partly automated. You must ensure that your email address is correct and capable of receiving emails.
3. Prices and Payment Terms
All prices stated in the online shop are total prices in euros and include statutory VAT.
Shipping costs may apply in addition to the purchase price unless otherwise stated. These are shown separately during checkout.
For deliveries outside the European Union, additional costs (e.g. customs duties, taxes, bank fees) may arise and are to be borne by the customer.
Available payment methods are displayed during checkout.
Unless otherwise specified, payment is due immediately upon conclusion of the contract.
4. Delivery and Shipping Conditions
Delivery is made worldwide unless otherwise specified.
Delivery times are indicated in the respective product descriptions or in a separate shipping information page.
If you are a consumer, the risk of accidental loss or deterioration of the goods passes to you only upon delivery.
If you are an entrepreneur, delivery and shipment are made at your risk.
5. Right of Retention and Retention of Title
You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
The goods remain our property until full payment has been received.
For entrepreneurs, the following additionally applies:
a) We retain ownership of the goods until all claims arising from the business relationship have been settled.
b) You may resell the goods in the ordinary course of business. You hereby assign all claims arising from resale to us; we accept this assignment.
c) In case of processing or combination, we acquire co-ownership of the new item.
d) We undertake to release securities upon request if their value exceeds the secured claims by more than 10%.
6. Warranty
Statutory liability for defects applies.
Consumers are requested to check the goods upon delivery and report any defects or transport damage promptly. Failure to do so does not affect statutory rights.
For entrepreneurs:
a) Only our product descriptions and the manufacturer's specifications are binding
b) We provide warranty at our discretion through repair or replacement
c) Warranty period: 1 year, except for mandatory legal exceptions
7. Applicable Law, Place of Performance, Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this applies only insofar as mandatory legal provisions of their country of residence are not overridden.
For entrepreneurs, the place of jurisdiction is our registered office, where legally permissible.
II. Customer Information
1. Identity of the Seller
NIQUA Vertriebs GmbH
Schulstr. 19
56290 Beltheim
Germany
Phone: +49 (0)6762 4093-0
Email: info@niquagroup.com
Website: www.niqua-shop.de
2. Information on Contract Formation
The technical steps for concluding the contract, as well as correction options, are governed by Section 2 of these Terms and Conditions.
3. Contract Language and Storage of Contract Text
The contract language is German.
The contract text is not stored by us. Before submitting the order, you can print or save the order details.
After placing the order, you will receive all relevant information by email.
4. Essential Characteristics of the Goods
The essential characteristics of the goods can be found in the respective product description.
5. Prices and Payment Terms
All prices include VAT and all price components.
Shipping costs are shown separately during checkout.
Payment methods are displayed during checkout.
Unless otherwise agreed, payment is due immediately.
6. Delivery Conditions
Delivery conditions and restrictions are specified in the respective offer.
For consumers, risk passes upon delivery.
For entrepreneurs, shipment is at their risk.
7. Statutory Liability for Defects
Liability for defects is governed by Section 6 of these Terms and Conditions.
8. Dispute Resolution
We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.