General terms and conditions

Article 1 - Definitions
For the purposes of these general conditions, the following definitions shall apply
'cooling-off period' means the period during which the consumer may exercise his right of withdrawal;

'consumer' means the natural person who is not acting in the exercise of a profession or business activity and who concludes a distance contract with the trader;
'day' means a calendar day

'Distance transaction' means a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;

'durable medium' means any means which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future reference and unchanged reproduction of the information stored.

'Right of withdrawal' means the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

'Entrepreneur' means the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract where, in the context of a scheme organized by the entrepreneur for the distance marketing of products and/or services, until the conclusion of the contract, exclusive use is made of one or more means of distance communication;

'means of distance communication': means that can be used to conclude a contract, without the consumer and the entrepreneur being in the same room at the same time.


Purchase agreement
A purchase contract is concluded after an order has been placed on our website. This means that the respective customer accepts the general terms and conditions and thus also accepts the payment obligation associated with the purchase agreement. This agreement can only be broken when we agree to it.

General conditions: the current general conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

info@nagaia-store.com

Article 3 - Applicability
These general conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be stated that the general conditions can be inspected at the premises of the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.

Notwithstanding the previous paragraph, where the distance contract is concluded by electronic means, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. Where this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

Where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the case of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most advantageous to him.

If at any time one or more provisions of these general conditions are wholly or partially invalid or unenforceable, the contract and these conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement by a provision which corresponds as closely as possible to the meaning of the original provision.
Situations not covered by these general conditions shall be assessed "in the spirit" of these general conditions.

Any uncertainty about the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in accordance with the spirit" of these general terms and conditions.

We have the right to change the General Conditions. You agree that the latest version of these general terms and conditions shall always apply.

If any part of the General Conditions is invalid or voidable, this does not affect the validity of the rest of the General Conditions. The invalid or void provision will be replaced by a provision that follows as closely as possible the content of the invalid provision.


Article 4 - The offer
Where an offer has a limited duration or is subject to conditions, this shall be expressly stated in the offer.

The offer is without obligation. The contractor has the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot constitute grounds for compensation or cancellation of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to
the price including taxes
any shipping costs
the manner in which the contract will be concluded and the steps necessary for this;

whether or not the right of withdrawal is applicable
the method of payment, delivery and performance of the contract
the deadline for accepting the offer, or the period within which the trader guarantees the price; and
The level of the distance communication fee if the costs of using the distance communication technology are calculated on a different basis than the usual basic fee for the means of communication used;
whether the contract is archived after it has been concluded and, if so, how the consumer can access it;

If the consumer has accepted the offer electronically, the trader will immediately acknowledge receipt of the acceptance of the offer electronically. The consumer has the right to withdraw from the contract within 24 hours of placing the order.
If the contract is concluded electronically, the trader must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within the legal framework - inform himself whether the consumer can fulfill his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to attach special conditions to the execution, while stating reasons.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or, where applicable, clear information about being exempted from the right of withdrawal;
information on guarantees and existing after-sales services;
the information referred to in Article 4(3) of these general terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is open-ended.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Each contract is concluded under suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal
When buying products, the consumer has the possibility to withdraw from the contract without giving reasons during a period of 14 days. The withdrawal period expires 14 days from the day on which you, or a third party designated by you, other than the carrier, takes physical possession of the goods.

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader of this within 14 days of receiving the product. The consumer must communicate this by means of a written notification/email. After informing the consumer that he wants to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of a proof of dispatch.
If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer and the shipment shall always be provided with a tracking code.

If the consumer has paid an amount, the trader must reimburse this amount as soon as possible, but no later than 14 days after exercising the right of withdrawal. However, it is a condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly indicated this in the offer, or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

1. produced by the contractor in accordance with the consumer's specifications;
2. which are clearly personal in nature (including cancellations made when personal items have already gone into production. Consider goods that are processed by our supplier, in which case the consumer bears the full cost).
3. which by their nature cannot be returned;
4. that can be destroyed or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for sound and image recordings and computer programs whose seals have been broken by the consumer;
8. participates in a last sale, last sale;
9. The legal right of withdrawal does not apply to sealed health or hygiene products whose seal has been broken (e.g. bodysuits, underwear and nightwear, swimwear, care and health products);
10. for products that have already been shipped and have not yet been received by the customer (in this case, the customer must wait until the order has been received and can then return the order);
11. no refunds will be made if an order is in transit and for any reason is interrupted during delivery;
12. clothes that have been washed;
13. discounted products where it is not stated on the product page that the customer is entitled to a 14-day withdrawal period.
14. Unfortunately, products that are not sent to the return address (indicated on the return form) cannot be accepted;

Exclusion of the right of withdrawal is only possible for services:

1. on accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
2. whose delivery has started with the consumer's explicit consent before the end of the withdrawal period;
3. On betting and lotteries.

Article 9 - Price
During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of the entrepreneur, with variable prices. This link to fluctuations and the fact that all prices quoted are target prices should be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if determined by the contractor:

1. they result from statutory regulations or provisions; or
2. the consumer has the right to withdraw from the contract from the date the price increase takes effect.

The prices indicated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty
The trader warrants that the products and/or services are in conformity with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or fitness for use and the legal and/or regulatory provisions in force at the time of the conclusion of the contract. If so agreed, the trader also warrants that the product is fit for other than normal use.

A guarantee provided by the trader, manufacturer or importer is without prejudice to the statutory rights and claims that the consumer can make against the trader under the contract.

Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 5 days of delivery. The products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the factory warranty period. However, the contractor is never responsible for the final suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.

The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or otherwise treated negligently or treated contrary to the instructions of the entrepreneur and / or on the packaging;
The products have been used or washed to a significant extent;
The defect is wholly or partly the result of regulations introduced or to be introduced by the government concerning the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders with appropriate speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after the order was placed. In this case, the consumer is entitled to terminate the contract free of charge and to claim any damages.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipping shall be borne by the consumer.

The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration of transactions: duration, termination and renewal
Termination
The consumer may at any time terminate an open-ended contract concluded for the regular supply of products (including electricity) or services, subject to the applicable termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term period in accordance with the applicable termination rules and a notice period not exceeding one month.

Consumers may terminate the contracts referred to in the previous paragraphs:
be terminated at any time and not be limited to termination at a specific time or during a specific period;
be terminated at least in the same way as they were concluded by him;
always terminate with the same notice period that the contractor has set for himself.

Extension
A fixed-term contract concluded for the regular supply of goods (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and periodicals may be implicitly renewed for a fixed period not exceeding three months, if the consumer can terminate this renewed contract at the end of the renewal with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of goods or services may only be automatically extended for an indefinite period if the consumer can terminate the extended contract at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract concerns the regular supply of daily or weekly newspapers, magazines and periodicals, but less than once a month.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers and periodicals by introduction (trial or introductory subscription) does not continue silently and terminates automatically at the end of the trial or introductory period.

Duration of the contract
If a contract lasts for more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the contractual term.

Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days of the start of the period of reflection referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
If the consumer does not pay, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaints procedure
Complaints about the execution of the agreement should be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the shortcomings.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.