Section 1: Scope
The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between Nina Menzel and the orderer. Nina Menzel shall not recognise any differing terms set out by the orderer unless such conditions have been expressly agreed to by Nina Menzel in writing.
Section 2: Conclusion of contract
The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products you have selected by pressing the “Add to cart” button are summarised again for you in an order overview at the end of the order process. Here you can review the various information provided during the order process and add to or correct it by clicking the “update cart” button. By clicking the button “buy now”, you send your order details and make a binding declaration to Nina Menzel that you want to purchase the products listed there. We automatically accept your offer upon receipt of your order. Directly after sending the order, you will receive an email with an order and contract conformation, in which the details of your order are listed again.
The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, Nina Menzel recommends printing out the order details and the General Terms and Conditions applicable at the time of order. The contractual language is English.
Please note that we sell all products in small quantities only.
Section 3: Cancellation/ Right of Withdrawal
Please note that sales are final for any works with a “Custom Finish” selected by you, as these pieces are produced to your individual specifications. Custom products are excluded from the right to cancel according to Section 312, Paragraph 2, No. 1 of the German civil code.
You have the following right of cancellation for all online orders of prefabricated works:
Statutory right of cancellation:
Information regarding cancellation
Right of cancellation
You have the right to cancel this contract without reason within fourteen days.
The cancellation policy lasts 30 days from:
A) The day on which you – or a third party named by you who is not the shipping service – take/takes the goods into possession, if you ordered one item or multiple items in a single order, and the item(s) arrive(s) in a single delivery
B) The day on which you – or a third party named by you who is not the shipping service – take(s) the final goods into possession in the event that multiple items from a single order are shipped separately.
To exercise your right to cancel, you must inform Nina Menzel, firstname.lastname@example.org, Mozartstrasseo 16c 12247, Berlin, Germany of your decision to cancel in a clear, written statement (by letter, or e-mail, for instance).
The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period.
Cancellation Terms and Process
Should you cancel the sale contract, we are to refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly – at the latest, within 30 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods or until you have provided proof of their return shipment, whichever comes first. You are to send the goods back in the original packaging without delay. At the very latest, they must be sent within 30 days of the day you inform us of the cancellation. This deadline is met as long as the return shipment is sent within the allotted fourteen days.
You shall bear the direct cost of return shipping for your order.Typically, goods cannot be returned by normal post. Please contact Nina Menzel under e-mail for more information.
You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.
Section 4: Delivery
Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time within Germany is approx. 7-14 workdays and outside of Germany approx. 14-20 workdays.
Section 5: Prices, due date and payment, default
the prices online do include VAT. The shipping costs are not included and added separately. Information about the shipping costs is contained in Section 7 of these Terms and Conditions.
You can pay via PayPal.
Section 6: Shipping costs
When ordering online, please select the country of the desired shipping destination; the correct shipping costs will then be shown.
The shipping costs differ for individual, personalized orders that exceed the largest size in the online shop.
Shipping costs for the sizes offered in the online shop are 5 euros within Germany and 10 euros internationally.
The currency is euros. Nina Menzel bears no liability for any currency conversion via providers such as PayPal.
Section 7: Offsetting, retention
You only have the right to offset if your counterclaims are legally upheld or are acknowledged by Nina Menzel. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.
Section 8: Retention of title
Until full and final payment, the delivered goods shall remain the property of Nina Menzel.
Section 9: Liability
Within the scope of statutory provisions, Nina Menzel is liable for damages without restriction.
(a) relating to loss of life, physical injury or damage to health which is due to wilful or negligent breach of duty or is otherwise due to wilful or negligent conduct by Nina Menzel or one of its legal representatives or vicarious agents;
(b) which is due to wilful or negligent breach of duty or is otherwise due to wilful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents;
The liability of Nina Menzel shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by Nina Menzel or one of its legal representatives or vicarious agents. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.
The above provisions shall apply accordingly to the liability of Nina Menzel in respect of reimbursing futile costs.
Liability under the Product Liability Act shall remain unaffected.
Section 10: Warranty
Unless expressly agreed otherwise, statutory warranty rights shall apply.
If you as orderer are a company according to Section 14 of the German Civil Code, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint (sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.
Section 11: No granting of rights
By buying a photographic print, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the print.
Section 13: Collecting, processing and using personal data
Information pertaining to Online- dispute resolution according to article 14 (1) ODR Regulation and §36 and §37 VSBG:
Last update: 20 September 2020