TERMS & CONDITIONS
1. Scope
For all mutual claims arising from and in connection with the conclusion of a contract between you as a customer and Dr. NGS GmbH, Kernenstraße 45, 72202 Nagold (phone: +49 (0) 7452 8839477, E-Mail: info@drngs.com, VAT ID No. DE 356205888, hereinafter: We/Us/Dr. NGS), these General Terms and Conditions (hereinafter: GTC) shall always apply.
A "consumer" within the meaning of these GTC is a natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).
These GTC apply exclusively and in the version valid at the time the contract is concluded. Deviating, conflicting general terms and conditions on your part shall not apply, even if we do not separately object to their validity in individual cases.
2. Registration
You can place an order in the online store via a guest account or as a registered customer. To register, you must enter your address and communication data in the form provided.
You are responsible for entering your personal data truthfully and completely when required. Personal access data must be treated confidentially and must not be made accessible to unauthorized third parties.
3. Conclusion of contract
The presentation of the products, for example in our online store, does not constitute an offer in the legal sense, but merely an invitation to you to submit an offer in the legal sense. An order can be placed via our electronic order process in the online store. The order represents a binding offer to conclude a purchase contract for the ordered product(s).
You can select products from our range without obligation and add them to your shopping cart using the "Add to cart" button. Within the shopping cart, the product selection can be changed, e.g. deleted. Click on the "Proceed to checkout" button within the shopping cart to enter the online ordering process.
After editing the shopping cart, further products can be selected and added to the shopping cart using the "Continue shopping" button in the shopping cart. The order process can then be continued by clicking the "Proceed to checkout" button.
If you click on the "Buy now" button at the end of the order process, you are placing a binding order for the items in your shopping cart. Dr. NGS will then send you an e-mail to confirm receipt of your order. This e-mail merely serves to confirm that your order has been received and does not constitute acceptance of your order. A contract between you and Dr. NGS is only concluded when Dr. NGS confirms by e-mail that the goods you have ordered have been dispatched. The subject matter of the contract is exclusively the goods listed in this e-mail, which are dispatched at the time of dispatch.
4. Delivery reservation
The contract is concluded subject to the reservation that in the event of incorrect or improper self-delivery, we shall not perform or only perform in part. This shall only apply in the event that we are not responsible for the non-delivery and we have concluded a specific covering transaction with our supplier with due care. We shall make every reasonable effort to procure the goods. Otherwise the consideration will be refunded immediately. In the event of such non-availability or only partial availability of the goods, the customer will be informed immediately.
5. Payment, default, off-setting and right of retention
a) Prices
The prices valid at the time of the order shall apply. All payment obligations are owed in euros. Prices include packaging costs and VAT at the applicable rate. Unless expressly stated otherwise, the prices apply to the items shown as described, but without decoration. Postage and packaging costs are added according to our price list. Any customs duties incurred for deliveries to countries outside the EU must be borne by you in such cases. Discounts or similar price reductions are not granted.
b) Payment modalities
Payment is possible by SOFORT, Klarna, credit card, PayPal, Google Pay and Apple Pay. Individual payment methods may be agreed separately or excluded in consultation with you. When paying by PayPal for the first time, please note that you must verify your PayPal account once in order to be able to pay without limits.
Purchase on Klarna invoice is a payment method of Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"), which is available to customers residing in the Netherlands, Austria, Germany and Finland. When purchasing on account with Klarna, you always receive the goods first and you have a payment period of 14 days. You can find Klarna's full terms and conditions for purchase on account here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K502591/de_de/invoice?fee=0.
Payment by Klarna invoice or credit card is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE, Amsterdam, Netherlands.
Other delivery on account is only possible for domestic shipments and if the customer has sufficient creditworthiness. Please refer to our privacy policy on our website for information on how the credit check is carried out.
If you select the payment method prepayment, we will provide you with the bank details in the payment request; the goods will be delivered or made available after receipt of payment.
The goods will only be dispatched after the purchase price plus shipping costs have been credited. If no collection of the goods has been agreed, delivery will be made to the billing address provided.
Deliveries can only be made to the countries listed in the respective item description. Shipping to other countries is generally not possible.
c) Default of payment and its consequences
You will be in default of payment at the latest if you do not make payment within 30 days of the due date and receipt of an invoice. In the event of late payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points above the prime rate per annum announced by the European Central Bank, unless you can prove that the damage is lower or we can prove that the damage is higher.
d) Offsetting and right of retention
You are only entitled to offset against our claims if your counterclaims have been legally established, if we have acknowledged them or if your counterclaims are undisputed. As the buyer, however, you may exercise a right to refuse performance or a right of retention if your counterclaim is based on the same purchase contract.
6. Retention of title
We reserve title to the delivered goods until the purchase price has been paid in full.
7. Delivery service, shipping costs and processing
Unless a different delivery time is specified for the respective product in the online store, the regular delivery time within Germany is 7 working days from conclusion of the purchase contract. Delivery times abroad may differ from the stated delivery time. Only the day on which we hand over the goods to the shipping company shall be decisive for compliance with the shipping date.
The delivery shall be made to the delivery address specified by you in the order process. We are entitled to make partial deliveries with due consideration of your interests if the partial delivery is usable for you within the scope of the contractual purpose, the remaining delivery is ensured and you do not incur any significant additional work or additional costs. If the delivery is made in installments, you will not be charged any further shipping costs in addition to the one-off shipping costs.
The risk of accidental loss and accidental deterioration shall pass to you when the goods are handed over. If you are in default of acceptance, this shall be deemed equivalent to handover. Force majeure (unforeseen circumstances and events for which we are not responsible and which could not have been avoided with the diligence of a prudent businessman, e.g. labor disputes, wars, unrest, epidemic diseases, pandemics, riots, fire, earthquakes, storms, typhoons, floods, failure of public utilities or means of transport, transport obstacles, shortage of raw materials, official measures) or operational disruptions, both on our part and on the part of our suppliers, which temporarily prevent us from handing over or delivering the goods on the due date through no fault of our own, extend delivery dates and deadlines by the duration of the hindrance. We will inform you of such circumstances without delay. If such disruptions lead to a delay of more than four months, you may withdraw from the contract.
Customs duties do not apply to shipments within the European Union (EU). Exceptions to this are those areas that do not belong to the customs territory of the EU; please therefore find out about the applicable customs regulations in your area before making your purchase. Outside the EU, fees are generally incurred for the import of goods from the EU.
Charges may be levied by the respective country of destination in accordance with the customs requirements applicable there on goods sold from the EU to a country outside the EU or to a country with special regulations within the EU.
Customs duties are to be borne by the customer and the customer must take care of the corresponding administrative matters himself, e.g. collecting the ordered goods from customs and handling the formalities.
More detailed information on the individual customs regulations and the respective amount of customs duties must be obtained by the customer in advance from the relevant customs office.
8. Returns
PRODUCTS PURCHASED WITHIN THE EUROPEAN UNION (EU):
Your purchase is subject to Dr. NGS GmbH as of the date of your purchase.
If for any reason you are not happy with your purchase from Dr. NGS GmbH, you may return the product in its original condition to us within two weeks (14 calendar days) from the delivery date for a refund or exchange.
Products returned or exchanged must be unopened in their original packaging, and in unused condition. This includes original packaging. The original invoice and/or packing slip must be provided with any return.
To return a product, email order@drngs.com to arrange for a Return Merchandise Authorization (RMA). Returns cannot be accepted without an RMA number. RMA numbers allow us to track returns, and without an RMA number we cannot track that we have received a return from you and this can delay refunds. We are not responsible for lost or stolen packages.
Original shipping costs are non-refundable. You are responsible for the return shipping and handling charges, which will not be refunded.
To prepare your return package, please write your RMA number on the packing slip that was included with your Dr. NGS GmbH order.
Ship your return to:
Dr. NGS GmbH
Kernenstraße 45
72202 Nagold, Germany
Once your return is received and inspected, we will send you an e-mail to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed within 1-2 weeks of our office receiving your return, and a credit will automatically be applied to your credit card or original method of payment. Please allow two (2) billing cycles for the credit adjustment to appear on your credit card statement.
SALES MERCHANDISE IS FINAL SALE AND IS NOT ELIGIBLE FOR RETURNS OR EXCHANGES.
INTERNATIONAL MERCHANDISE IS FINAL SALE AND IS NOT ELIGIBLE FOR RETURNS OR EXCHANGES.
9. Warranty
Our products are subject to careful and extensive checks. Should you nevertheless have a reason for complaint, please send the goods in question to:
Dr. NGS GmbH
Kernenstraße 45
72202 Nagold, Deutschland
If the complaint is justified, the corresponding expenses (postage) will be refunded.
We do not give any guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected by this. The goods ordered may deviate slightly from the goods shown on the Internet within reasonable limits due to the technical presentation possibilities, in particular there may be color deviations, insofar as this is reasonable. Warranty claims are governed by the statutory provisions, unless otherwise stated below.
Subsequent performance shall be effected at your discretion by remedying the defect or delivering new goods. You must set us a reasonable deadline for subsequent performance. You are not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If we have unsuccessfully attempted to rectify the defect twice within a reasonable period of time, this shall be deemed to have failed. If the rectification has failed, you are entitled, at your discretion, to reduce the purchase price or withdraw from the contract. You may claim damages for a defect that is due to our fault and whose subsequent performance has failed under the conditions specified in Section 8.
If goods are delivered with obvious transport damage, we request that you complain about these defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
10. Liability for damages due to fault
Our liability for damages due to fault, irrespective of the legal grounds, shall be limited in accordance with this Section 10.
We shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health resulting from a culpable breach of duty on our part.
We shall also be liable without limitation in accordance with the statutory provisions for damages covered by liability under the Product Liability Act and for all damages caused by intentional or grossly negligent breach of contract and fraudulent intent on our part.
The breach of duty of one of our legal representatives or one of our vicarious agents is equivalent to our own breach of duty.
We shall also be liable within the scope of a guarantee of quality and/or durability, insofar as we have given such a guarantee with regard to the delivered goods, but only for such damage that has not occurred directly to the delivered goods if the risk of such damage is clearly covered by our guarantee of quality and durability.
In the event of a breach of material contractual obligations, we shall also be liable in the event of simple negligence for those damages that are typically and foreseeably associated with the corresponding breach of duty. Material contractual obligations ("cardinal obligations") are those whose fulfillment is essential to achieve the purpose of the contract and on whose fulfillment you as the buyer may rely.
Further liability claims for damages due to fault against us do not exist, irrespective of the legal nature of the claims made by you against us. This shall not affect our liability in accordance with the above conditions in Section 10.
11. Copyrights
We have either copyrights or rights of use to all images and texts published on our website. Use of the images and texts is not permitted without our consent.
12. Product changes
We reserve the right to make product changes, e.g. to improve quality. If you cannot find an item that is currently available on our website, please ask our friendly customer service team. If possible, we will still try to supply this item for you.
13. Right of revocation
Consumers in the EU are entitled to a right of revocation in accordance with the applicable regulations, which you can find separately under the tab REVOCATION.
14. Information on online dispute resolution
The EU Commission provides an internet platform for the online settlement of disputes ("ODR platform"). The ODR platform is intended to serve as a contact point for the out- of-court settlement of disputes concerning contractual obligations arising from online sales contracts.
The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/. In this context, we are also obliged to provide you with our e-mail address. We are not prepared to participate in an out-of-court dispute resolution procedure.
15. Choice of law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with Dr. NGS. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply.
In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the beneficiary (consumer contracts), the choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the buyer is an entrepreneur, Munich shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
16. 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.
