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General Terms and Conditions

General Terms and Conditions (including information for customers)
Last updated on June 30th, 2024

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. Applicability

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 (0) 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. Offers, Service Descriptions, and Product Availability

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. Order process and conclusion of contract

3.1. Binding offer from the customer:
By submitting 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 after the day of the offer. Niche Story is not obliged to accept the purchase offer.

3.2.Confirmation of the offer:
Niche Story will immediately send the customer a confirmation of receipt of the offer, which does not constitute acceptance. The offer is only deemed to be accepted when Niche Story declares acceptance to the customer or ships the goods.

3.3 Right of withdrawal for consumers:
A consumer is entitled to withdraw the offer and return the goods in accordance with the specific withdrawal instructions on the website.

3.4. Password and orders:
The password required for ordering must not be passed on to third parties. If it is passed on, the customer is liable for orders placed by third parties and any claims resulting from them.

3.5. Storage of the contract text:
Niche Story does not save the contract text. Before sending the order, the contract text can be printed out using the browser’s print function or saved electronically. Niche Story will send the customer the order data and the general terms and conditions by email.

3.6. Ordering process:

a. Product selection:

The customer can select products from the seller’s range and collect them in a so-called “shopping cart” using the [Add to cart] button. The customer can then go to the shopping cart and change his selection, eg remove a product from the shopping cart. The customer can proceed to the completion of the ordering process using the [Proceed to checkout] button.

b. Place order:

By clicking on the button [Complete order (order with payment)] the customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time and cancel the order process using the browser’s “Back” function.

c. Order confirmation:

The seller sends the customer an automatic confirmation of receipt by email, which lists the customer’s order again and can be printed out. The automatic confirmation of receipt merely documents the receipt of the order and does not constitute acceptance of the offer. A binding purchase contract is only concluded when the seller ships the ordered product within two days or confirms the shipment within two days by a second email, order confirmation or invoice.

d. Prepayment option:

If the seller offers the prepayment option, the contract is concluded as soon as the customer provides his bank details and complies with the payment request. If, despite the due date and reminder, no payment is made within ten calendar days of the order confirmation being sent, the seller is entitled to withdraw from the contract and the order becomes invalid. Products for which prepayment is offered can therefore be reserved for a maximum of ten calendar days.

4. Prices and shipping costs

4.1. Prices including VAT:

All prices stated on the website include VAT at the applicable rate.

4.2. Shipping costs:

In addition to the prices stated, we charge shipping costs. The shipping costs are clearly communicated to the customer on a separate website and during the ordering process.

4.3. Additional costs for deliveries outside the EU:

Bei Lieferungen in Länder außerhalb der Europäischen Union können im Einzelfall zusätzliche Kosten anfallen, die nicht vom Verkäufer zu vertreten sind und vom Kunden zu tragen sind. Dazu können beispielsweise Kosten für Geldüberweisungen durch Kreditinstitute (z.B. Überweisungsgebühren, Wechselkursgebühren) oder Einfuhrabgaben bzw. Steuern gehören. Solche Kosten können auch im Zusammenhang mit Geldüberweisungen anfallen, wenn die Lieferung nicht in ein Land außerhalb der Europäischen Union erfolgt, der Kunde jedoch die Zahlung aus einem Land außerhalb der Europäischen Union vornimmt. Der Kunde ist für Zollgebühren, Zollabfertigungsgebühren des Versanddienstleisters und ähnliche Gebühren verantwortlich.

5. Shipping and Delivery

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.

5.11. Right to Refuse or Cancel Orders:

In accordance with Directive 2005/29/EC on Unfair Commercial Practices and the EU Consumer Rights Directive 2011/83/EU, we reserve the right to refuse or cancel orders from customers who engage in abusive behavior. This includes but is not limited to:

  1. Repeated returns without valid reasons.
  2. Unwarranted cancellations after shipping.
  3. Fraudulent actions or misuse of our services.

These measures are implemented to ensure fairness and protect the integrity of our business operations. All cases will be individually evaluated, and our decision will be final, provided it complies with applicable EU laws and regulations.

6. Terms of Payment

In our online shop, the following payment methods are available to you:

Advance Payment (Vorkasse)

If you choose the advance payment option, we will provide you with our bank details in the order confirmation. The goods will be shipped only after we have received your payment. Unless otherwise agreed, payment is due immediately after the conclusion of the contract.

SEPA Bank Transfer (SEPA-Überweisung)

For payments via SEPA bank transfer, the necessary bank details will be displayed on-screen or sent to you via email. You can then complete the transfer through your online banking platform at your convenience. To simplify the process, we provide QR codes that automatically populate the required payment information. Please note that processing SEPA transfers may take a few working days.

Credit and Debit Cards (Kredit- und Debitkarten)

We accept Visa, MasterCard, American Express, Cartes Bancaires, and CartaSi. Your card will be charged once the order is completed.

Apple Pay

Apple Pay is available for all Apple users in over 35 countries. No additional fees apply beyond standard credit card rates. After selecting Apple Pay at checkout, the payment will be authorized using Touch ID or Face ID for a seamless transaction experience.

PayPal

When paying via PayPal, you will be redirected to the PayPal website to complete the transaction. You must either have a registered PayPal account or create one. Payment is made through your PayPal account, and you confirm the payment with your login details.

Sofortüberweisung (Instant Bank Transfer)

We also offer Sofortüberweisung for instant bank transfers. With this method, we receive confirmation of payment immediately, expediting the shipping process. You will need your account number, bank code, PIN, and TAN to complete the payment. Sofortüberweisung securely processes the transfer in real-time.

Klarna Payment Options

In cooperation with Klarna AB, we offer two payment options for customers residing in Germany:

  • Klarna Invoice (Rechnungskauf): Pay for your purchase within 14 days after receiving the goods.
  • Klarna Installment Purchase (Ratenkauf): Pay for your purchase flexibly in monthly installments starting at 1/24 of the total amount (with a minimum of €6.95). Detailed terms and conditions can be found on Klarna’s website.

Please note that these Klarna payment options are only available to consumers and must be paid directly to Klarna.

iDEAL

iDEAL is available for customers with Dutch bank accounts. Payments are made directly through your own bank’s online platform. To use iDEAL, select the iDEAL option at checkout, and follow the instructions to complete the payment.

iDEAL in3

iDEAL in3 allows you to pay for your purchase in three equal installments without any additional fees. This option provides greater flexibility for larger purchases.

Bancontact

Bancontact is a secure payment option for customers with Belgian bank accounts. Select Bancontact at checkout, and complete the payment process directly through your bank’s secure online system.

TWINT

TWINT is a popular mobile payment method in Switzerland, allowing users to pay securely via their smartphones. After selecting TWINT at checkout, scan the provided QR code or enter the five-digit code to complete the payment.

Trustly

Trustly enables direct account-to-account payments, allowing you to transfer funds instantly from your bank account to ours. Simply select Trustly at checkout and authenticate the transaction via your online banking platform.

Riverty (formerly AfterPay)

Riverty allows you to “Buy Now, Pay Later,” offering flexible payment options. Riverty is a trusted provider of installment payments across Europe.

Satispay

Satispay provides a fast and simple way to pay directly from your smartphone. Link your bank account or card to the Satispay app and use it to make secure payments.

Important Information

  • Please note that payment methods may vary depending on the country and customer location.
  • Any additional charges, such as customs duties or bank transfer fees, are to be borne by the customer.
  • If you experience any issues during the payment process, please contact our customer service team at sr@nichestory.eu.

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. Retention of Title

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. Product Warranty and Guarantee

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:

  1. in case of injury to life, body, or health,
  2. in case of intentional or grossly negligent breach of duty as well as malice,
  3. 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),
  4. within the scope of a guarantee promise, if agreed, or
  5. 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. Claims for Defects

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.

9.3. 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.

9.4. Warranty Period:

The warranty period is two years from delivery if the customer is a consumer; otherwise, it is twelve months from delivery.

9.5. 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.

10. Right of cancellation

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 Withdrawal

If 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. Closing remarks

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 Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de. We will participate in a dispute resolution procedure before this body.