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Terms & Conditions

1. Preamble

The nino d GmbH, registered number: FN285645t seated in Münzgrabenstrasse 36/3, 8010 Graz, in the following "ninod" has specialized in the trade with jewelry, clothing and accessories. It offers its customers goods both online (via online shop on https://www.ninod.at) and offline (stationary trade).

The customers are also consumers within the meaning of § 1 para 1 Z 2 Austrian Consumer Protection Act („KSchG“).

For the purpose of better readability, no gender-specific differentiation is made. This is done without the intention of discrimination.


2. Scope of application

All business relations between ninod and the Customer are subject to these GTC in the version valid at the time of the conclusion of the business transaction. These GTC apply to both online and offline trading.

This contract is concluded in German and English language.


3. Conditions of use

In order to be able to purchase services and goods electronically from ninod, customers may have to register in the online shop. In the course of the business relationship, the customer is obligated to provide true and complete information and to keep his data up to date at all times. He must treat his data confidentially and protect it from access by unauthorized persons. Should the Customer suspect misuse by third parties, he/she must inform ninod immediately.

The Customer must refrain from all measures which could endanger or impair the technical provision of the online shop (including cyber attacks). Such behavior will be legally prosecuted.


4. Offer and conclusion of contract

By clicking the button "Order subject to payment", the Customer submits a binding offer to conclude a contract with ninod. ninod is not obliged to accept this offer. Before finally sending an order, the customer has the opportunity to check it for any errors and to correct them if necessary. The customer is bound to his offer for three days.

ninod confirms the receipt of an offer to the Customer by sending an e-mail to the address provided by the Customer ("Order Confirmation"). This e-mail does not constitute an acceptance of the offer from ninod. ninod can accept offers by confirming the purchase of the offer in a further e-mail ("order confirmation") or by sending the ordered goods.

The products will be sent within two to seven days. Deliveries within the EU will, usually, be sent between five to ten days (meaning working-days). If ninod is prevented from meeting the delivery date due to force majeure (e.g. natural disasters or epidemic), ninod will inform the customer as soon as possible. In these cases, the delivery period is extended by the duration of the events.


5. Payment conditions

The prices quoted in the shop are in EUR and include all taxes. The amounts stated at the time of ordering shall apply in each case. ninod will inform the Customer again about the prices, taxes and delivery costs in the order summary before the order is completed.

The payment methods accepted by ninod are listed on the subpage "Payment Methods".

Payment is made by bank transfer to the account specified by ninod. Whether the payment is made monthly (continuing obligation) or once (target obligation) depends on the agreement between ninod and the customer.

The claims of ninod become due upon invoicing. If the claims are not paid within seven days, ninod will charge 4% per year in statutory default interest from the due date. In the event of default, the Customer undertakes to reimburse ninod for any reminder and collection expenses incurred by ninod, insofar as these are necessary for appropriate legal prosecution. If the Customer is an entrepreneur, the amount of the default interest is based on § 456 Austrian Corporate Code („UGB“).


6. Right of withdrawal

The customer has the right to revoke his contractual declaration or a contract that has already been concluded within fourteen days without giving reasons if the contract was concluded electronically. The revocation period is fourteen days from the day on which the consumer or a third party designated by the consumer and not acting as carrier acquires possession of the goods.

In order to exercise the right of revocation, the customer must inform ninod by means of a clear statement (e.g. a letter or e-mail sent by post) of the decision to revoke this contract. For this purpose, the customer can use the sample revocation form which is listed in Annex I B of the Distance and Away Business Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be downloaded from the website of ninod.

Notices of revocation must be sent to the following address:

nino d GmbH
Strauchgasse 2
1010 Vienna
Austria

or by

E-mail: customercare@ninod.at

Telephone: +43 664 3503777

In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the end of the revocation period. If this option is exercised, the customer will be sent a confirmation of receipt of such revocation.  If the customer revokes the declaration of contract or an already concluded contract, ninod must refund all payments which it has already received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the inexpensive standard delivery offered by ninod) immediately and at the latest within fourteen days from the day on which ninod received the notification of the revocation of this contract. For the repayment, ninod uses the same means of payment that the customer used for the original transaction. The direct costs of the return shipment (delivery) are borne by the customer. If a loss in value of a product is due to the fact that the product has been used in a manner which is not necessary to check its quality, the Customer shall be liable for this loss in value.

If the turnover of the customer per order in Austria, exceeds EUR 60.00 (net), within the EU (except Austria) EUR 100,00 and outside the EU EUR 150,00 ninod will bear the delivery costs. If the turnover is below this amount, delivery costs will be charged. These costs can be seen on the website.

In case of return shipment (delivery), the customer has to bear the delivery costs.


7. Defaults in performance

ninod shall not be responsible if it is unable to fulfill its obligations under the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, inter alia, to the lack of availability of energy or telecommunication services, suppliers as well as force majeure.


8. Reservation of ownership

All goods delivered by ninod remain their property until full payment has been received. A sale of the goods from the customer to a third party before they are fully paid for requires the prior consent of ninod.


9. Exclusion of liability for external contents

ninod is not liable for external information which is opened by means of an electronic reference (link). As soon as ninod gains knowledge or awareness that illegal information is linked, ninod will immediately delete this link.


10. Liability for damages and warranty

The liability of ninod for slight negligence is excluded. Liability is generally limited to the order value of the goods or services purchased by the Customer. This does not apply in case of intentional damage.

This limitation of liability shall not apply with regard to personal injury or for damages under the Product Liability Act.


11. Data protection and protection of business and trade secrets

The transfer of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship. Otherwise, the contracting parties are obliged to maintain secrecy about the circumstances and data related to the other party, of which they become aware as a result of the present business relationship, and in particular to observe data secrecy. These obligations to data and business secrecy also apply beyond the contractual relationship.


12. Involvement of subcontractors

ninod may use subcontractors to fulfill its obligations under this agreement.


13. Place of jurisdiction and applicable law

This contractual relationship is based on Austrian law and is deemed to be agreed. However, this choice of law may not lead to the consumer being deprived of the protection afforded to him by the mandatory rules of his country of residence (Art. 6(2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and of referral norms is excluded. Exclusive place of jurisdiction is Graz. If the Customer is a consumer and has his domicile or his usual place of residence or is employed in Austria, the Customer may only be sued in the courts in whose district his domicile, his usual place of residence or his place of employment is located.

Reference is made to the possibility of a dispute resolution by means of an online dispute resolution platform (Art 14 para. 1 sentence 1 ODR-VO) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards.


14. Duration of the relationship

The contractual relationship with the customer begins with the conclusion of the contract. If a one-time service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services. If a continuing obligation is owed, it can be deleted without giving reasons by giving a fourteen-day notice period to the last day of a month. This does not affect the right to extraordinary termination at any time.


15. Further issues

If any part of these conditions should be invalid, the validity of the remaining conditions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intent of both parties to the agreement.

Amendments to these terms and conditions as well as supplements to them are only valid if they are agreed and signed in writing.

ninod recommends the Customer to save these GTC permanently. ninod is not obligated to make these GTC permanently available from its website.

(Summer 2020)