Terms of Service
General Terms and Conditions VDM Heinz Nickel
All services provided for the customer by our online shop are being based exclusively upon the subsequent General Terms and Conditions in the most recent version at the time of the contract taking effect. Different regulations are only valid if they have been explicitely agreed upon by both our online shop and the customer.
2. Conclusion of Contract
When placing an order we do conclude a contract with:
VDM Heinz Nickel
Phone: +49 6332 72710
Fax: +49 6332 72730
You will be immediately informed about the reception by an e-mail called "Bestellbestätigung" (confirmation of order). This confirmation is being sent automatically and means per se not yet an acceptance of contract. The contract about the acquisition of the merchandise becomes effective when and if we confirm the acceptance of contract and therefore the contract conclusion by a further e-mail called "Auftragsbestätigung". You will receive said message as soon as possible but not later than 3 days after we have received your order.
The wording of the contract including your order will be recorded by us and on demand be sent to you together with our General Terms and Conditions. The relevant language for the wording of the contract is German.
2.1. Subject of the contract is the merchandise such as ordered by the customer. Relevant for its consistence is the offer description. In case of doubt § 434 Abs. 1 Satz 3 BGB of German law is valid.
2.2. Non-availability reservation. We reserve our right not to deliver your order in case the article ordered by you is out of stock or the article out of stock is out of print and can therefore not available. In this case we will immediately announce you the non-availability and refund you the purchasing price.
You have the chance to browse through our offer without hurry. If you have found something interesting just place it into our virtual shopping basket. To do so just click on the little shopping basket button "in den Warenkorb" (into the shopping basket) that you can find beside the product.
Of course you always do have the possibility to remove products from the virtual shopping basket.
You start the order transaction by clicking on the button "Warenkorb" (virtual shopping basket). By doing so you will see a summary of all products you have already placed in the virtual shopping basket as well as of all possible costs related to your order. In case you have not already signed in you will be asked - after having clicked on "Weiter zur Bestellung" (go to order) - to sign in with your user data or (if you are a new customer) to create an user account. If you have alredy signed in into our system the products will be shown to you. You do have the possibility to remove products from the virtual shopping basket. To continue the processing of your order just click on the button "Weiter zur Bestellung" (go to order).
Before sending your order by clicking on the button "Zahlungspflichtig bestellen" (order liable to pay) you do have the possibility to cancel your input during any phase of the ordering process by clicking to the buttons "Ändern" (change) or "Löschen" (cancel). To change or cancel the volume ordered just overwrite the quantity in the corresponding button and then click on "Änderungen bestätigen" (confirm changes) or "Löschen bestätigen" (confirm cancelling).
By clicking on the button "Zahlungspflichtig bestellen" (order liable to pay) your order will be activated and sent to us. By ordering you confirm that you want to buy the corresponding merchandise.
4.1. All articles will be delivered immediately if being on stock. We will deliver within Germany as well as world-wide.
4.2. Deliveries abroad will take (if not remarked otherwise) 5-14 workdays at most i.e. delivery will take place within 1-5 workdays (monday to friday, holidays excluded) after having given the payment order to the bank (in case of advance invoice) or payment by Paypal.
4.3. In case an article shall be currently not available we will inform you by e-mail about the expectable delivery time in case we have your address.
This will not affect your legal rights.
5. Shipping and handling costs
5.1. Wie offer you the following modes of dispatch: DHL, Deutsche Post or GLS.
5.2. For deliveries abroad we do charge:
Belgium, Denmark, Luxemburg, Netherlands, Austria - 9.95 EURO.
France, United Kingdom, Italy, Norway, Sweden, Spain (continental Spain only) - 12.95 EURO (additions possible for delivery to islands).
Switzerland - 12.99 EURO.
For all other countries we calculate and charge the shipping costs on the basis of number of items, weight, size and country.
Payment, retention of title
6.0. All mentioned prices are gross prices in EURO including the legal VAT of 7% and 19%. Relevant are the valid prices at the day of your order.
6.1. To our foreign customers we offer the following modes of payment:
Payment by advance invoice
After order inbound you will receive the corresponding invoice; shipment outbound after payment inbound.
If paying by advance invoice we will send you an e-mail with the exact invoice data. Please do write your e-mail address and/or your phone number into the order form to make sure that we will be able to contact you. When doing the bank transfer please do note the purpose (your name, invoice no.) so that we can relate your payment to your order.
Payment by Paypal
If paying by Paypal we will charge you handling costs of 2%; shipment outbound after payment inbound.
6.2. Reservation of proprietary rights. The merchandise shall remain the property of the company until full payment of the sale price (Eigentumsvorbehalt according to §§158, 449 BGB of german law). The customer is obliged to inform us immediately about any sequestrations of third parties concerning the merchandise under reservation of ownership and to deliver us the necessary documents in order to enable us to intervent appropriately; this does also apply to impairments of any other kind. Regardless of the aforesaid the customer is obliged to inform third parties in advance of existing rights concerning the merchandise.
In case the supplementary performance has been performed by compensation delivery the purchaser is obliged to return the merchandise he had received at first within 30 days at our expense. The return of the defective merchandise has to be carried out according to the corresponding legal requirements. We reserve our right to claim for compensation in accordance with the corresponding legal regulations.
8. Defects liability
Valid are the corresponding legal regulations.
9. Applicable law and place of jurisdiction
Valid is current german law to the exclusion of CISG (United Nations Convention on Contracts for the International Sale of Goods).
If the purchaser is a businessperson or a corporate body under public law the exclusive jurisdiction for all legal dispute emerging from the contractual relationship is the lawcourt responsible for our registered business address Zweibrücken (Germany).