The General Terms and Conditions (hereafter GTC) of Nuts Innovations AG (hereafter Nuts) apply to all products and services of Nuts. Customer is defined as any natural or legal person who has a business relationship with Nuts.
These terms and conditions are protected by copyright. The exclusive right of use belongs to Nuts. Any reproduction, distribution or other use is expressly prohibited. In particular, the use of these terms and conditions in unmodified or modified form for own commercial purposes is prohibited and inadmissible and will be prosecuted under civil and criminal law.
1. SCOPE OF APPLICATION
The terms and conditions apply to all products and services, both paid and free, which Nuts provides. Sale and delivery are carried out only according to the GTC of Nuts. Any terms and conditions of the Customer deviating from these GTC shall not be accepted, unless Nuts has expressly agreed to their validity in writing. The current and binding version of the GTC will be published on the internet at http://www.nuts-innovations.com/terms.
2. SERVICES OF NUTS
Nuts provides its services professionally, carefully and in accordance with these GTC, as well as in accordance with other contractual provisions. Nuts constantly strives to offer the best products to its customers.
All prices are in Euro and include the VAT of 19.0%.
The presentation of the products in the online store is not a legally binding application, but only represents a non-binding online catalog. If you merely place products in the "shopping cart", this does not constitute a binding order. You do not place a binding order for the products in the shopping cart until you click the "Order" button on the order page. Thereupon, we will immediately send you a contract confirmation by e-mail, upon receipt of which the contract is concluded.
5. DELIVERY/DELIVERY COSTS
We ship all goods from our warehouse in Kulmbach, Germany. Packing and shipping costs within Germany are 5.- Euro, rest of EU and Switzerland/Liechtenstein 12.- Euro.
You can pay by PayPal, Sofort èberweisung or SEP direct debit.
8. RIGHT OF REVOCATION
You have a 14-day right of withdrawal. Please send us your revocation within 14 days after receipt of the goods (the timely dispatch is decisive). Please return the goods to us within 14 days after revocation. We will refund payments as soon as we have received the goods.
The revocation must be made in writing either by e-mail, by fax or by letter to:
Fax: +41 44 928 25 10
Nuts Innovations AG
The costs for the return are to be borne by you. We reserve the right to deduct compensation for possible damage or excessive wear from the purchase price to be refunded.
Please note that we do not grant a right of withdrawal for the following products:
Goods that are made according to customer specifications or are clearly tailored to personal needs
Goods that can spoil quickly or whose expiration date would be exceeded
Audio or video recordings or of software, provided that the delivered data carriers have been unsealed by the consumer.
Sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery
Goods that have been inseparably mixed with other goods after delivery due to their nature
Alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations on the market, over which the online store has no influence. Goods or services whose price depends on fluctuations in the financial market over which the online store has no control and which may occur within the withdrawal period
Claims for damages due to incorrect illustrations, texts and prices or delayed delivery are excluded. Prices are subject to change without notice. Place of jurisdiction is 8712 Stäfa, Switzerland.
The return address is:
Nuts Innovations AG
c/o JaWi Logistik GmbH
9. PROTECTION OF YOUNG PEOPLE
According to legal regulations, alcoholic beverages may not be sold to minors under 16 years of age within Switzerland and Europe, and spirits may not be sold to minors under 18 years of age. By placing an order, you acknowledge these regulations and confirm that you are authorized to make the purchase.
Your credit card information is encrypted using proven SSL technology. Each transaction is authorized online with the appropriate credit card companies. Your credit card statement will show your purchases at NUTS. Your credit card number is not stored by us.
11. RESERVATION OF OWNERSHIP
The delivered items remain the property of Nuts Innovations AG, 8712 Stäfa until full payment has been received.
Nuts is obligated to the customer to carefully provide the services according to these terms and conditions and the other contractual provisions.
Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded against Nuts, as far as there is no intentional or grossly negligent act, and against the vicarious agents of Nuts. The liability for indirect damages and consequential damages resulting from the use is excluded.
13. MODIFICATION OF THE TERMS AND CONDITIONS
Nuts reserves the right to modify the GTC at any time. Changes to the GTC will be communicated to the customer in a timely manner by e-mail, indicating the date of validity. Nuts cannot be held responsible for insufficient notification or non-receipt of the e-mail with the reference to the changes in the GTC. For purchase orders placed before the entry into force of the amended GTC and which have become binding through an order confirmation by Nuts, the previous GTC shall continue to apply after the entry into force of the amended GTC.
14. SEVERABILITY CLAUSE
Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
15. PLACE OF JURISDICTION AND APPLICABLE LAW
The place of jurisdiction for all disputes with Nuts is Stäfa, Switzerland - subject to deviating mandatory places of jurisdiction under federal law. The contract is governed by Swiss law (excluding the UN Convention on Contracts for the International Sale of Goods (CISG)).
Nuts Innovations AG, January 2019