1.1 These General Terms and Conditions apply to all contracts concluded between Saida Nails GmbH, represented by Saida Nasirova, Siedlungsweg 5, 94315 Straubing, Germany (hereinafter referred to as "Saida Nails") and customers who purchase through the online store www.saida-nails.de. Customers can be entrepreneurs and consumers. The version of these terms and conditions valid at the time of the order always applies.
1.2 A consumer in this sense is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§13 BGB/German Civil Code). An entrepreneur in this sense is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§14 BGB/German Civil Code).
1.3 Deviating GTC of the customers are hereby contradicted. Saida Nails accepts deviating GTC only if this has been expressly agreed in written form.
2.1 Customers have the opportunity to purchase goods (hereinafter referred to as "goods") via the website www.saida-nails.de.
2.2 The illustration of the goods in the online store does not represent a legally binding offer by Saida Nails, but a non-binding online catalog and thus an invitation to the customer to make a corresponding offer. By clicking the button "buy" the customer makes an offer in the legal sense regarding the goods contained in the shopping cart. Saida Nails will then confirm the receipt of the order by an automated e-mail. The order of the goods will be confirmed by a separate e-mail after the order has been checked by Saida Nails. This e-mail confirmation is considered as acceptance in the legal sense and the purchase contract is thereby concluded.
2.3 All goods included in the online store and their prices are offered as in the description included with the pictured goods.
Saida Nails saves the contract text after the conclusion of the contract. Customers can view the terms and conditions on the website and their order data in their customer account.
4.1 The contract is concluded in the amount of the prices valid at the time of the order and stated on the website www.saida-nails.de. The prices consist of the purchase price including all taxes and other price components and any shipping and delivery costs (hereinafter referred to as "total price"). The prices include the applicable statutory sales tax.
4.2 The delivery of goods is at the expense of the customer. The shipping and delivery costs arise separately from the website and are specifically indicated during the ordering process. The corresponding information on shipping and delivery costs can be found in the sub-item "Shipping and Returns", which is available in printable form on the website www.saida-nails.de with the corresponding sub-pages of the website at any time via the button "Shipping and Returns".
4.3 The shipment of the goods takes place after the contract is concluded and the total price is received on the account of Saida Nails. The shipment can also take place on a specific date after that, provided that the parties have agreed on this. The customer will be informed in time about any delays in delivery. If items with different delivery times were ordered, they will be shipped in a joint delivery, unless otherwise agreed with the customer. In this case, the delivery time of the entire shipment is based on the item with the longest delivery time.
4.4 For deliveries to countries outside the EU, customs duties will be charged in addition to the shipping costs. Unfortunately, we are not able to quantify these duties in advance. They depend on the respective regulations of the destination country. Customs clearance is handled by the carrier (e.g. UPS).
Payment of the purchase price in the amount shown on the invoice is due immediately and without deduction. The following payment options are available to the customer: Advance bank transfer, PayPal or cash payment at self pick-up.
Consumers, in other words natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity, have a right of revocation in the case of a distance contract, i.e. a contract that is concluded without the simultaneous physical presence of the contracting parties exclusively using means of distance communication (e.g. e-mail, Internet, telephone, fax, letter).
Revocation policy for consumers
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform
Saida Nails GmbH, represented by Saida Nasirova,
Siedlungsweg 5,
94315 Straubing
Germany
e-mail: info@saida-nails.de
by means of a clear declaration (e.g. a letter sent by postal mail or by e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall repay all payments we have received from you, including delivery costs ( except for additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
If a voucher was charged in the payment of the returned order, it will be deducted first and credited as a new credit account for future purchases. If the total of the returned goods exceeds the corresponding voucher value, the difference will be paid.
You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the revocation of this contract to
Saida Nails GmbH, represented by Saida Nasirova,
Siedlungsweg 5,
94315 Straubing
Germany
e-mail: info@saida-nails.de
or to hand them over. The deadline is met if you send the goods before the expiry of the period of 14 days. You bear the direct costs of returning the goods.
You only have to pay for any value loss of the goods if this value loss is due to a not necessary handling for checking the condition, properties and functionality of the goods by you.
Example revocation form
(If you wish to revoke the contract, please fill out and return this form).
To:
Saida Nails GmbH, represented by Saida Nasirova,
Siedlungsweg 5,
94315 Straubing
Germany
e-mail: info@saida-nails.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
Date
(*) please cross out where inapplicable.
If a consumer makes use of his right of withdrawal, he has to bear the regular costs of the return shipment.
8.1 The purchased item is defective if it has defects. Differences between the visual material on the website and the real goods, which are caused by the quality (for example resolution) of the photos on the website, or color differences due to different monitor types/color settings, do not constitute a defect.
8.2 Customers who are entrepreneurs can only claim obvious defects in the delivered goods if they immediately report after delivery under exact description in writing or by e-mail to Saida Nails GmbH, represented by Saida Nasirova, Siedlungsweg 5, 94315 Straubing, e-mail: info@saida-nails.de. The date of dispatch of the notice of defects is decisive. A later assertion is excluded. As far as only merchants are involved in the contract, the §§ 377 ff. HGB (German Commercial Code) shall apply.
8.3 If there are defects and these were claimed in time, Saida Nails is entitled to supplementary performance. In all other respects, the legal provisions apply with regard to the warranty.
8.4 The statutory warranty applies to consumers.
9.1 If there are clear defects in the goods shipped by Saida Nails GmbH, the buyer must make a complaint and return the goods to Saida Nails GmbH, Siedlungsweg 5, 94315 Straubing, Germany (see point 8 - Claims on defects). In this case the costs for the defective goods will be refunded to the customer immediately.
9.2 If the goods are returned for other reasons, e.g. non-satisfaction, this reason must be reported immediately after receipt of the delivery - written by e-mail to info@saida-nails.de or by post to Saida Nails GmbH, represented by Saida Nasirova, Siedlungsweg 5, 94315 Straubing, Germany. The date of dispatch of the declaration is decisive. Subsequently, the goods must be returned to the same postal address. The costs for such a return, which is not based on product defects, are to be paid by the customer.
9.3 Saida Nails GmbH reserves the right not to refund the money for goods if they were not returned by the customer in the original condition and/or complained about in advance. The goods of revoked orders must reach us in the original condition to be entitled to a payment refund. This means, the returned goods must reach Saida Nails GmbH unopened in original packaging. If the goods have already been opened and/or partially used, any claim for reimbursement will be forfeited. An exception to this rule exists only in the case of clearly qualitative defects of the product, which can only be detected during use, i.e. after the goods have been opened (see point 8 - Claims on defects).
10.1 Saida Nails is liable for intent and gross negligence without limitation.
10.2 The liability for slight negligence towards entrepreneurs in case of breach of essential contractual obligations is limited to the amount of the contract-typical and foreseeable damage at the time of conclusion of the contract and otherwise excluded. Essential contractual obligations are the fundamental, elementary obligations arising from the contractual relationship, whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies and may rely. The above exclusions of liability do not apply in case of injury to life, body and health as well as with regard to liability under the Product Liability Act and liability based on expressly given guarantees.
10.3 Saida Nails endeavors to keep the website www.saida-nails.de always ready for operation. However, Saida Nails does not assume any liability for damages and errors arising to a customer in case of temporary inaccessibility of the website.
11.1 Saida Nails is authorized to store and process the data about the customer received in connection with the business relationship, regardless of whether they originate from the customer himself or from third parties, within the meaning of the Data Protection Act, insofar as they are necessary for the implementation and processing of the order and the business relationship.
11.2 In all other respects, reference is made with regard to possible consents of the customer and further information on data collection, processing and use to the data protection declaration, which is available in printable form on the website www.saida-nails.de with the corresponding subpages of the website at any time via the button " Privacy Notice".
12.1 If individual provisions of these General Terms and Conditions and/or the contract supplemented by them are or become invalid, this shall not affect the validity of the other provisions. In the event that an individual provision is invalid, the contracting parties shall endeavor to reach a new agreement, taking into account the interests of both parties, that comes as close as possible to the economic purpose of the invalid provision. The same shall apply to loopholes in the contract of which the parties become aware.
12.2 The business relations between Saida Nails and the customers are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.3 For all disputes arising from a contractual relationship, the court responsible for the registered office of Saida Nails is the exclusive place of jurisdiction, insofar as the customer is an entrepreneur or a legal entity under public law or special assets under public law. This also applies to contractual partners without their own place of jurisdiction in the territory of the Federal Republic of Germany.
Status of the GTC: 15.9.2022, version 1.5
