Terms of service
Terms and Conditions of Nasivent – Erik Koerner
Effective: May 2025
1. Scope and General Information
These General Terms and Conditions (T&Cs) apply to all contracts, deliveries, and other services concluded via our online shop, as well as to other business relationships with consumers and entrepreneurs.
Divergent, conflicting, or supplementary terms and conditions from the customer do not become part of the contract unless we explicitly agree to their validity in writing.
We reserve the right to amend these T&Cs with future effect. For contracts already concluded, the version valid at the time of order applies.
Consumers within the meaning of these T&Cs are natural persons who enter into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity (§ 13 BGB).
Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in exercise of their commercial or self-employed professional activity (§ 14 BGB).
Customers within the meaning of these T&Cs include both consumers and entrepreneurs.
2. Conclusion of Contract
Our offers are non-binding and subject to change. Product presentations in the online shop do not constitute legally binding offers but merely an invitation to place an order.
By completing the order process and clicking the “Buy Now” button, the customer submits a binding offer to conclude a purchase contract. The contract is concluded either through express acceptance or by dispatch of the goods.
3. Retention of Title
We retain ownership of the delivered goods until full payment of the purchase price has been received.
For entrepreneurs, we retain ownership of all delivered goods until all claims from the ongoing business relationship have been fully settled.
Resale by entrepreneurs in the ordinary course of business is permitted – except for sales via platforms like amazon.de or ebay.de, unless expressly authorized in writing. The entrepreneur hereby assigns to us all claims arising from such resale up to the amount of the invoice total.
4. Prices, Shipping Costs and Payment Terms
All prices are in euros and include the applicable statutory VAT, unless explicitly marked as net prices for entrepreneurs.
Shipping costs are shown separately during the ordering process. The available payment methods and conditions are specified in the respective offer in the online shop.
Consumers will not be charged any reminder or late fees before a second reminder is issued.
Entrepreneurs automatically enter into default after 30 days and owe default interest of 8 percentage points above the base interest rate (§ 288 para. 2 BGB).
5. Delivery and Transfer of Risk
Delivery is carried out in accordance with the terms specified in the offer.
Consumers: The risk of accidental loss or deterioration of the goods passes to the customer only upon delivery.
Entrepreneurs: The risk passes to the customer upon handover to the shipping provider.
6. Warranty and Notice of Defects
Consumers: The statutory warranty period of 2 years from delivery applies.
Entrepreneurs: The warranty period is 1 year from delivery. Obvious defects must be reported in writing within 5 working days of receipt. Timely dispatch is sufficient to meet the deadline.
7. Right of Withdrawal
Consumers have the right to withdraw from the contract within 30 days without giving any reason.
Details regarding the right of withdrawal, including return conditions, refund periods, and exceptions (e.g. for gift cards), can be found in our separate cancellation policy.
Entrepreneurs are not entitled to a right of withdrawal.
8. Liability
We are fully liable for intent and gross negligence as well as under the provisions of the Product Liability Act.
In the case of slightly negligent breaches of essential contractual obligations (cardinal obligations), liability is limited to typical and foreseeable damages under the contract.
Further liability is excluded. The above limitations do not apply to injury to life, body or health.
9. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from the contractual relationship with entrepreneurs is our business location in Berlin, unless mandatory statutory provisions dictate otherwise.
If individual provisions of these T&Cs are or become invalid, the validity of the remaining provisions remains unaffected.