General Terms and Conditions of Business

Status as of 25/05/2020

1 Scope of application

The following General Terms and Conditions apply exclusively to all orders in the version valid at the time of the order. We do not recognise any deviating terms and conditions of the customer unless we expressly agree to their validity. The text of these General Terms and Conditions can be downloaded and printed out.

2 Conclusion of contract

Our information on goods and prices on the website is subject to change and non-binding. A purchase contract is only concluded when we issue a declaration of acceptance, which is sent in a separate e-mail (order confirmation). The time at which our acceptance is received by the customer is decisive. The dispatch of the ordered goods shall also be deemed acceptance. Confirmation of receipt of the order does not constitute acceptance on our part. Writing and calculation errors shall entitle us to withdraw from the contract. We also have the right to withdraw from the contract if the ordered product is not available. In such cases, the purchase price already paid will be refunded immediately. All prices quoted are in euros. Special offers are only valid while stocks last.

3. right of cancellation

Only for consumers according to § 13 BGB applies:

You have the right to cancel this contract within fourteen days without giving any reason. 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 taken possession of the last goods. To exercise your right of cancellation, you must contact us,

Nepata Distribution GmbH
Hochstatt 6-8
85283 Wolnzach
Phone: +49 8442 95840 40
E-mail: mail@nepata-vertrieb.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. You can also complete and submit the sample cancellation form or another clear declaration electronically on our website. If you make use of this option, we will send you a confirmation of receipt of such a cancellation without delay (e.g. by e-mail). To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. end of cancellation policy.

Special cuts and customised products as well as unsealed software products are generally excluded from return.

4 Delivery

Delivery is ex warehouse to the delivery address specified by the customer at the costs specified by the online shop. In the case of exceptionally heavy or bulky products, we reserve the right to increase the shipping costs in consultation with the customer. If the goods are sent abroad at the customer's request or if the customer chooses a special mode of dispatch, he shall bear the additional costs incurred as a result. In the case of delivery abroad, the customer shall also bear any taxes and customs duties incurred. Unless otherwise agreed, information on the delivery period is non-binding.

5 Terms of payment

Payment of the purchase price is due immediately upon conclusion of the contract, at the latest upon receipt of the goods without deductions. If the due date of payment is determined according to the calendar, the customer shall be in default immediately by missing the deadline. In the event of default, we shall be entitled to demand interest on arrears from the date in question. The default interest rate for the year shall be 5 percentage points above the base rate of the European Central Bank (ECB). If we can prove a higher damage caused by default, we shall be entitled to claim this. For his part, the customer is entitled to prove to us that we have suffered no or significantly less damage as a result of the default in payment. The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by us in writing. The customer is only authorised to exercise a right of retention if his counterclaim is based on the same contractual relationship.

6 Dispatch and transfer of risk

In the case of commercial customers and other legal entities, the risk shall pass to the Purchaser as soon as the consignment has been handed over to the person carrying out the transport or has left the Seller's works for the purpose of despatch. If dispatch is delayed at the request of the Buyer, the risk shall pass to the Buyer upon notification of readiness for dispatch. At the Buyer's request, deliveries will be insured in his name and for his account. In the case of consumers, the risk shall pass to the customer upon delivery of the goods by the carrier.

7 Warranty / Liability

I.

We shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for items/goods supplied by us to companies is 12 months. An additional guarantee only exists for the goods delivered by us if this was expressly stated in the order confirmation for the respective article.

II.

Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents.
Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
The aforementioned restrictions in II 1.2. shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
The limitations of liability resulting from II.1 and 2 shall not apply if the defect has been fraudulently concealed or if we have assumed a guarantee for the quality of the item. The same applies if we have reached an agreement with the customer regarding the quality of the item.

The provisions of the Product Liability Act remain unaffected.

8 Retention of title

We reserve title to the goods until all payments arising from the purchase contract have been received. The customer must inform us immediately in writing of all access by third parties, in particular of enforcement measures and other impairments of his property. The customer shall compensate us for all damages and costs incurred by a breach of this obligation and by necessary intervention measures against access by third parties. If the customer is in breach of contract, in particular if the customer does not fulfil his payment obligation despite a reminder from us, we can withdraw from the contract after setting a reasonable deadline and demand the return of the goods that are still his property. If we take back the goods, this shall constitute a cancellation of the contract. The customer shall bear the transport costs incurred. The seizure of the goods by us shall always constitute a cancellation of the contract. We are authorised to realise the goods after we have received them back. The realisation proceeds shall be offset against our liabilities - less reasonable realisation costs.

9. data protection

The customer has been comprehensively informed about the collection, processing and utilisation of personal data under our data protection declaration and expressly agrees to this collection, processing and utilisation.

10 Applicable law and place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Pfaffenhofen, as far as legally permissible. These General Terms and Conditions shall remain binding even if individual points are legally invalid. In place of an invalid provision, the legally permissible provision shall apply.

11. further information

The text of the contract will be saved by us after conclusion of the contract. This cannot be made available to the customer again after conclusion of the contract. It is therefore recommended that the customer carefully stores the text of the contract sent to him by e-mail.