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1. Applicability
2. Offers, Service Descriptions, and Product Availability
3. Order Process and Conclusion of the Contract
4. Pricing and Delivery Costs
5. Shipping and Delivery
6. Terms of payment
7. Retention of Title
8. Product Warranty and Guarantee
9. Claims for Defects
10. Right of cancellation
11. Closing remarks
1.1. The business relationship between Niche Story UG, Franz Joseph Straße11, 80801 Munich, Germany (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2. Please address any questions or complaints to our customer service department, who are available weekdays from [9:00 a.m.] to [6:00 p.m.] on [+49 89 20190986]. You can also send an email to [sr@nichestory.eu].
1.3. These General Terms and Conditions deem a consumer to be any natural person who completes a legal transaction for purposes that are for the most part not attributable to any professional activity of either a commercial or self-employed nature they engage in (as defined in § 13 BGB).
1.4. Neither the customer’s own terms and conditions nor any other terms and conditions that deviate from these General Terms and Conditions will be honoured unless the vendor expressly consents to the validity thereof.
2.1 The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on Niche Story’s websites are not to be equated with either a promise or a guarantee.
2.2 The offers in Niche Story’s online shop are non-binding and non-committal. All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.
3.1. Binding Offer from the Customer:
By placing an order in the online shop, the customer makes a binding offer to purchase the product. Niche Story can accept the offer within five working days following the day of the offer. Niche Story is not obligated to accept the purchase offer.
3.2. Confirmation of the Offer:
Niche Story will promptly send the customer a confirmation of the receipt of the offer, which does not constitute acceptance. The offer is only considered accepted when Niche Story declares acceptance to the customer or dispatches the goods.
3.3. Right of Withdrawal for Consumers:
A consumer is entitled to withdraw the offer and return the goods according to the special withdrawal instructions provided as part of the order on the website.
3.4. Password and Orders:
The password required for ordering must not be passed on to third parties. In the event of disclosure, the customer is liable for orders made by the third party and any resulting claims.
3.5. Storage of the Contract Text:
Niche Story does not store the contract text. Before submitting the order, the contract data can be printed or electronically saved using the browser’s print function. Niche Story will email the order data and the General Terms and Conditions to the customer.
We will send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of Niche Story’s General Terms and Conditions (including our cancellation policy, information on shipping costs, and our terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest.
3.6. Order Process
a. Product Selection:
The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “Cart” using the [Add to cart] button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product. from the basket. Once they are happy with their selection, the customer can proceed to the final step in the order process using the [Proceed to checkout] button.
b. Placing the Order :
When the customer clicks the [Place order (payment will be taken)] button, they make a binding request to buy the goods currently in their basket. Prior to order placement, the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
c. Order Confirmation:
The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within two days or confirms the dispatch of the product ordered within two days by sending the customer a second email, order confirmation, or an invoice.
d. Advance Payment Option:
If the vendor offers an advance payment option, the contract is deemed to be concluded at such time as the customer provides their bank details and fulfills the payment request. If, despite being due and despite the customer being sent a reminder, payment is not received by the vendor within ten calendar days of the sending of the order confirmation, the vendor is entitled to withdraw from the contract, thus rendering the order invalid and in turn freeing the vendor from their obligation to supply. At this point, the order is considered to have been brought to a conclusion with no further consequences for either the customer or the vendor. Products for which advance payment is offered can therefore be reserved for a maximum of ten calendar days.
4.1. Prices Inclusive of VAT :
All prices indicated on the website are inclusive of statutory value-added tax (VAT) at the valid rate.
4.2. Delivery Costs :
We charge delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself.
4.3. Additional Costs for Non-EU Deliveries :
For deliveries to countries outside the European Union, additional costs may be incurred in individual cases. These are not the seller’s responsibility but must be borne by the customer. These may include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes. Such costs may also arise with money transfers, even if the delivery does not occur outside the European Union, but the customer makes the payment from a country outside the European Union. The customer is responsible for customs duties, customs clearance fees from the shipping service provider, and similar charges.
5.1. Shipping Providers :
We ship with the service providers GLS, DPD, Deutsche Post, DHL, and DHL EXPRESS, DHL, UPS, and FedEx.
5.2. Risk of Accidental Loss or Damage :
If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental loss of the delivered goods passes to the customer when the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the carrier.
5.3. Shipping Costs :
The shipping costs are according to the shipping cost table on Niche Story. You can find it here: https://nichestory.eu/shipping-delivery/.
5.4. Failure of Delivery :
Niche Story is entitled to withdraw from the contract if, at the fault of the customer, delivery of the goods fails despite three delivery attempts. Any payments already made by the customer will be refunded without delay.
5.5. Product Availability :
The vendor is entitled to withdraw from the contract if the product ordered is not available because we, through no fault of our own, have not been supplied with the product in question by our supplier. If this situation arises, we will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product, we will refund any payment already received to the customer without delay.
5.6. Notification of Delivery Periods and Restrictions :
Customers are notified of delivery periods and restrictions on delivery by email.
5.7. Compliance with Shipping Date :
Compliance with the shipping date is solely determined by the day we transfer the goods to the shipping company.
5.8. Stock Availability :
If goods are designated as “in stock” on the order form, we are entitled to sell off such goods at any time if the order form indicates limited availability of the goods or if the delivery is made against advance payment and the payment is not received within five working days after we accept the offer. In these cases, shipment will only occur within the agreed or specified period as long as supplies last.
5.9. Delay by Supplier :
If our supplier does not deliver the goods, which are indicated as “not in stock” on the order form or have been sold out, to us promptly, the relevant delivery period is extended until the delivery by our supplier plus a period of three days, but not exceeding two weeks, provided that we are not responsible for the delay in delivery by our supplier and have promptly reordered the goods.
5.10. Notification of Delivery Issues :
If the goods are not or cannot be delivered promptly for any of the aforementioned reasons, we will promptly notify the customer. If the goods are unavailable from our suppliers for a foreseeable period, we are entitled to withdraw from the purchase agreement. In the event of withdrawal, we will promptly refund the payments made by the customer to us. The aforementioned provision does not affect the customer’s statutory rights due to a delivery delay. However, the customer can only claim damages under these General Terms and Conditions.
The following payment methods are available in our shop:
Advance Payment :
When selecting the advance payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment. Payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.
Credit Card :
Your credit card will be charged upon completion of the order.
PayPal :
You pay the invoice amount via the online provider PayPal. You must generally be registered there or register first, legitimize yourself with your access data, and confirm the payment instruction to us (exception possibly for guest access).
Sofortüberweisung (Instant Bank Transfer) :
We also offer instant bank transfers. With this method, we receive the credit transfer immediately, accelerating the entire ordering process. You only need your account number, bank code, PIN, and TAN. Sofortüberweisung automatically makes a transfer in real-time using the secure, non-accessible payment form of Sofort AG. The purchase amount is immediately and directly transferred to the merchant’s bank account. When choosing the payment method “Sofortüberweisung,” a pre-filled form will open at the end of the ordering process. This already contains our bank details. In addition, the transfer amount and purpose are already displayed in the form. You must now select the country where you have your online banking account and enter the bank code. Then, enter the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. The transaction will then be confirmed immediately.
Purchase on Account via Klarna :
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the purchase on account and instalment purchase as payment options. Please note that Klarna’s invoice and Klarna’s instalment purchase are only available for consumers and must be paid to Klarna.
Klarna Installment Purchase :
With Klarna’s financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (at least €6.95). For more information on Klarna instalment purchase, including the general terms and conditions and the European standard information for consumer credit, please visit Klarna Installment Purchase Terms.
Klarna Invoice :
When purchasing on account with Klarna, you always receive the goods first and always have a payment period of 14 days. You can find the complete terms and conditions for invoice purchase here: Klarna Invoice Terms.
iDEAL
iDEAL is a guaranteed payment method that can be used by consumers and businesses with a bank account at almost any Dutch bank. iDEAL allows users to make payments online via their own bank. To utilize iDEAL, select the iDEAL Checkout button during the payment process. iDEAL will display the stored contact and delivery details and share them with us upon approval of the payment.
iDEAL in3
iDEAL in3 is an innovative payment method enabling online purchases to be paid in three instalments without any extra charges. This option provides flexibility for larger purchases without directly impacting your bank account. iDEAL in3 combines the convenience of iDEAL with the flexibility of spread payments, under the trusted name of iDEAL. At checkout, choose the iDEAL in3 option. Your creditworthiness will be assessed immediately.
Bancontact
Bancontact is a guaranteed payment method used by many consumers and businesses with a Belgian bank account. To use Bancontact, confirm the contents of your shopping cart and select Bancontact as the payment method. A payment confirmation will be displayed on your screen once the transaction is complete.
TWINT
TWINT is the most popular mobile payment method in Switzerland, allowing users to connect their bank account or cards with the TWINT app to make secure payments via smartphones. In our online shop, select “TWINT” as the payment method. A QR code and a five-digit payment code will be displayed. When using our online shop on a mobile device, you will usually be given the option to switch directly to the TWINT app.
Terms of Payment :
6.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to the completion of the order process. Customers are informed about available payment types on a separate webpage.
6.2. If payment on account is available, payment must be made within 30 days of receipt of the goods and the corresponding invoice. Full payment must be made in advance in the case of all other payment types.
6.3. If third-party providers are commissioned to process the payment (e.g., PayPal), the general terms and conditions operated by those providers apply.
6.4. If the due date by which payment must be made is defined as a calendar date, the customer will be deemed to be in arrears as soon as they fail to comply with that due date and will be liable for statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.
6.6. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.
7.1. Reservation of Ownership :
We reserve ownership of the goods we delivered until full payment of the purchase price, including VAT and shipping costs, for the respective goods.
7.2 Restrictions on Resale :
Without our prior written consent, the customer is not entitled to resell the goods we delivered and is still subject to retention of title.
8.1. Statutory Warranty :
Niche Story offers a warranty as required under statutory regulations.
8.2. Express Guarantees :
The goods supplied by Niche Story are only subject to a guarantee if the customer was expressly informed of such a guarantee and its terms prior to the commencement of the order process.
8.3. Product Photos and Changes :
The product images may not always correspond to the appearance of the delivered products. Changes in the appearance and details of the products may occur after range renewals by the manufacturers. Claims for defects do not exist to the extent that these changes are reasonable for the customer.
8.4. Inspection and Notification :
The customer shall promptly inspect the product upon delivery with due care. The delivered product shall be deemed to be approved by the customer unless a defect is notified to us within five business days upon delivery.
8.5. Liability for Defects in Used Goods :
Unless expressly agreed otherwise below, the statutory liability for defects applies. For used goods, if a defect occurs after one year from the delivery, claims for defects are excluded. Defects occurring within one year from the delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.
8.6. Exceptions to Limitations :
The aforementioned limitations and shortening of the period do not apply to claims for damages caused by us, our legal representatives, or vicarious agents:
a. in case of injury to life, body, or health,
b. in case of intentional or grossly negligent breach of duty as well as malice,
c. in case of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations),
d. within the scope of a guarantee promise, if agreed, or
e. to the extent that the scope of the Product Liability Act is applicable.
Information about any applicable additional warranties and their exact conditions can be found for each product and on particular information pages in the online shop.
9.1. Defective Goods :
If the delivered goods are defective, the customer may initially request Niche Story to remedy the defect or deliver non-defective goods. We may refuse the type of subsequent performance the buyer chooses if it can only be carried out at a disproportionate cost.
9.2. Failure of Subsequent Performance :
Unless expressly agreed otherwise below, the statutory liability for defects applies. For used goods, if a defect occurs after one year from the delivery, claims for defects are excluded. Defects occurring within one year from the delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods. If subsequent performance fails or is unreasonable for the customer, or if we refuse subsequent performance, the customer is entitled to rescind the purchase contract, reduce the purchase price, or claim damages or reimbursement of futile expenses under applicable law. Additionally, the customer’s claims for damages are subject to the special provisions of clause 9 of these General Terms and Conditions.
9.3. Warranty Period :
The warranty period is two years from delivery if the customer is a consumer; otherwise, it is twelve months from delivery.
9.4. Transport Damage :
If goods are delivered with apparent transport damage, please report such errors to the carrier as soon as possible and promptly contact us. Failure to make a claim or contact us has no consequences for your statutory rights and their enforcement, especially your warranty rights. However, it helps us to assert our claims against the carrier or the transport insurance.
You may rescind your contractual declaration in text format (e.g. letter, e-mail) within 14 days without specifying reasons, or – if goods are delivered prior to the expiration of this term – by returning the goods. This term begins upon receipt of this notice in text form, but not prior to the goods being delivered to the recipient (in the case of recurring shipments of the same goods, not prior to receipt of the first partial shipment), and not prior to us meeting our obligations to inform pursuant to Article 246 § 2 in conjunction with § 1 section 1 and 2 Introductory Act to the German Civil Code and our obligations pursuant to § 312g Section 1 Sentence 1 German Civil Code in conjunction with Article 246 § 3 Introductory Act to the German Civil Code.
To honour the cancellation period, you must simply send your cancellation notice or the goods in due time. Please submit your cancellation to :
Niche Story UG
Franz Joseph Straße 11
80801 Munich
Germany
E-Mail: sr@nichestory.eu
If you want to withdraw from the contract. You can submit the cancellation with this online form under the following URL: https://nichestory.eu/widerrufsbelehrung?lang=de
Cancellation Policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire fourteen days from the day you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of WithdrawalIf you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (except the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and, in any event, not later than fourteen days from the day you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the goods’ nature, characteristics, and functioning.
For a full refund, it is necessary to return the entire order along with promotional items like free samples or gifts with purchased goods (Gift with Purchase offers). Missing samples might be deducted from the refunded amount.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, as well as to the delivery of sealed goods which are not suitable for return due to reasons of health protection or hygiene if their seal has been removed after delivery.
The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
11.1. Governing Law: Subject to mandatory international private law provisions, the purchase contract between us and the customer is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2. Jurisdiction: We or the customer may file a lawsuit before any court with jurisdiction under statutory provisions.
11.3. Participation in Dispute Resolution: Our contracts with the customer shall be made exclusively in the German or English language, depending on whether the customer makes the relevant purchase on our English-language or German-language website. If the customer orders through our German-language website, only the German version of these General Terms and Conditions is authoritative. If the order is placed through our English-language website, only the English version of these General Terms and Conditions is authoritative.
11.4. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
11.5. Participation in Dispute Resolution: We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board, except as required by law. However, we must participate in dispute resolution procedures before a consumer arbitration board to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists. The responsible body for such dispute resolution is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtunge.V., StraßburgerStraße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de. We will participate in a dispute resolution procedure before this body.