Terms & Conditions

Terms & Conditions

General Terms and Conditions of Nullpunkt GmbH.

 

§1 Scope of application

(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between Nullpunkt GmbH (hereinafter "Provider") and the Customer (hereinafter "Consumer"). Deviating general terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.

(2) A consumer is any natural person (m/f/d) who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

§2 Conclusion of a contract, storage of the text of the contract

(1) The following regulations on the conclusion of the contract apply to orders placed via our internet shop www.nullpunkt.co.

(2) In the event of the conclusion of a contract, the contract shall be concluded
 with the Provider.

(3) The presentation of the goods in our Internet shop does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the Consumer to order goods. By ordering the desired goods, the Consumer submits a binding offer to conclude a purchase contract.

(4) Upon receipt of an order in our internet shop, the following regulations apply: The Consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet shop.

(5) You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The Provider will then send the Consumer an automatic confirmation of receipt by e-mail in which the Consumer's order is listed again and which the Consumer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Consumer's order and does not constitute acceptance of the offer. The contract is only concluded when the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation ) shall be sent by us to the Consumer on a durable data medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.

§3 Prices, shipping costs, payment, due date

(1) The prices stated include the applicable statutory VAT and other price components. Shipping costs, if any, shall be added. The corresponding shipping costs are indicated to the Customer in the shopping basket for each order, in each case before the binding order is sent. The shipping costs shall be borne by the Consumer unless the Consumer makes use of his right of withdrawal.

(2) The Consumer has the option of paying in advance, by direct debit, PayPal, credit card (Visa, Mastercard).

(3) If the Consumer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.

(4) In the event of withdrawal, the Consumer shall bear the direct costs of the return shipment.

§4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are generally ready for immediate dispatch. If no or no deviating delivery time is specified for the respective goods in our online shop, it is regularly 7 days. In the case of payment in advance, the delivery period begins on the day after the payment order to the bank commissioned with the transfer and, in the case of all other payment methods, on the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Consumer until the item is handed over to the Consumer, even in the case of a sale by dispatch.

(3) If the product selected by the Consumer is not available at the time of the Consumer's order, the Provider shall inform the Consumer of this without delay in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(4) If the product designated by the Consumer in the order is only temporarily unavailable, the Provider shall also inform the Consumer of this without delay in the order confirmation.

(5) The following delivery restrictions apply: The Provider only delivers to Consumers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

§5 Information according to the German Packaging Act

According to the current Packaging Act (VerpackG), we are obliged to inform you of the free return option for the following packaging materials from end consumers:

- transport packaging,
- sales packaging and secondary packaging that does not typically accumulate as waste at private end consumers after use,
- sales packaging and secondary packaging for which system participation is not possible due to system incompatibility pursuant to Section 7 (5) of the Packaging Act, and
- sales packaging of hazardous goods, as well as
- reusable packaging.

We are obliged to take back free of charge used, completely empty packaging of the same type, shape and size as we put into circulation at the place of actual handover or in the immediate vicinity.

With the return option and the associated information, we are making our contribution to ensuring that packaging materials are returned to the recycling cycle in an environmentally friendly manner.

You can find more information at https://verpackungsgesetz-info.de/.

§6 Retention of title

We retain ownership of the goods until the purchase price has been paid in full.

§7 Right of withdrawal of the consumer

(1) Right of withdrawal for consumers

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity:

(2) Cancellation policy

(a) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date on which you or a third party other than the carrier and designated by you has taken possession of the goods.
To exercise your right of withdrawal, you must notify us
Nullpunkt GmbH
Shanghaiallee 9
20457 Hamburg
Email: hello@nullpunkt.co

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

(b) Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from 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 you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods. 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

(c) Financed transactions
If you have financed this contract by means of a loan and revoke the financed contract, you are also no longer bound by the loan contract if both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the withdrawal or return becomes effective, your lender shall enter into our rights and obligations from the financed contract in relation to you with regard to the legal consequences of the withdrawal or return. The latter does not apply if the subject of this contract is the acquisition of securities, foreign exchange, derivatives or precious metals.
 If you want to avoid a contractual obligation as far as possible, withdraw both contractual declarations separately.

§8 Cancellation form

Sample cancellation form

If you wish to withdraw from the contract, please complete this form and return it to:

Nullpunkt GmbH
Shanghaiallee 9
20457 Hamburg
Email: hello@nullpunkt.co

 I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________

 Ordered on (*)/received on (*)
__________________

 Name of consumer(s)
_____________________________________________________

 Address of consumer(s)
_____________________________________________________

 Signature of consumer(s) (only in case of paper communication)
__________________

 Date
__________________

(*) Delete as applicable.

 

§9 Warranty

(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.

(2) An additional guarantee exists for the goods delivered by the Provider only if this was expressly given in the order confirmation for the respective item.

§10 Liability
(1) Claims of the Consumer for damages are excluded. Excluded from this are claims for damages by the Consumer arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

 

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Consumer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the Provider and the Consumer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

§11 Contractual language

Only German is available as the contractual language.

§12 Customer service

If you have any questions, complaints or objections, please contact us by e-mail at hello@nullpunkt.co


§13 Severability clause

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The ineffective points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.

 

Dated  01/2023