Terms and Conditions
nivelleofficial
Terms & Conditions
Please read these terms carefully before placing an order. By using our website and services, you agree to these terms.
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Article 1
Definitions
In these terms and conditions, the following definitions apply:
Article 2
Identity of the Entrepreneur
Article 3
Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
If the distance contract is concluded electronically, the text of these general terms and conditions will be made available electronically in a manner that allows the consumer to store it on a durable data carrier.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and remaining terms shall otherwise remain in force. The affected provision will be replaced by one that most closely approximates the original intent.
Situations not addressed by these terms should be assessed in the spirit of these general terms and conditions.
Article 4
The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated. The offer is non-binding and the entrepreneur is entitled to change and adjust it at any time.
The offer contains a complete and accurate description of the products and/or services on offer. If images are used, these are a truthful representation of the products. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to its acceptance, including:
- Any dispatch costs applicable
- The method of payment, delivery, and performance of the agreement
- Whether or not the right of withdrawal applies
- The period for accepting the offer or within which the price is guaranteed
- Whether the agreement is archived after conclusion and how it can be accessed
Article 5
The Agreement
The agreement comes into effect at the moment the consumer accepts the offer and fulfils the conditions set out therein. If accepted electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until this confirmation is received, the consumer may dissolve the agreement.
The entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. The entrepreneur will include all legally required information with the product or service in a durable and accessible manner.
Each agreement is entered into under the condition of sufficient availability of the relevant products.
Article 6
Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer.
During the reflection period, the consumer will handle the product and its packaging with care — only unpacking or using the product to the extent necessary to assess whether they wish to keep it.
If the consumer exercises the right of withdrawal, they must notify the entrepreneur in writing within 14 days of receipt and return the product within 14 days of that notification, with all delivered accessories and — where reasonably possible — in the original condition and packaging.
If the consumer does not exercise the right of withdrawal or does not return the product within the specified periods, the purchase is considered final.
Article 7
Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation — provided the product has been received back or conclusive proof of complete return has been presented.
Article 8
Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for the following products, provided this is clearly stated in the offer before concluding the contract:
- 1.Products created according to the consumer's specifications
- 2.Products that are clearly personal in nature
- 3.Products that cannot be returned due to their nature
- 4.Products that spoil or age quickly
- 5.Hygienic products of which the consumer has broken the seal
- 6.Audio and video recordings or computer software of which the consumer has broken the seal
Article 9
The Price
During the validity period of the offer, the prices of the products and/or services will not be increased, except for price changes due to changes in VAT rates.
The place of delivery takes place in the country where transport commences. In the present case, delivery takes place outside the EU, and the postal or courier service will handle any applicable import VAT or clearance charges. Accordingly, no VAT will be charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of misprints or typesetting errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10
Conformity & Warranty
The trader guarantees that products and/or services comply with the contract, the specifications stated in the offer, and the reasonable requirements of reliability and usability, as well as applicable statutory provisions.
Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returns must be in the original packaging and in new condition.
The warranty does not apply if:
- The consumer has repaired or modified the products themselves or through third parties
- The products have been exposed to abnormal conditions or treated carelessly or contrary to instructions
- The defect is entirely or partially the result of government regulations regarding materials used
Article 11
Delivery & Implementation
The entrepreneur will take the greatest possible care when receiving and executing product orders. The place of delivery is the address provided by the consumer.
Accepted orders will be executed as quickly as possible, and within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If delivery is delayed or partially impossible, the consumer will be notified within 30 days of placing the order and will have the right to dissolve the agreement without costs.
In the event of dissolution, the entrepreneur will refund the amount paid as soon as possible, and within 14 days at the latest. If delivery of an ordered product is impossible, the entrepreneur will make an effort to offer a replacement article. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.
Article 12
Duration Transactions
The consumer may terminate an open-ended contract for the regular delivery of products or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of one month.
If a contract lasts more than one year, after one year the consumer may terminate it at any time with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13
Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period. The consumer has the duty to immediately report inaccuracies in payment details to the entrepreneur.
In case of non-payment, the entrepreneur has the right — subject to legal restrictions — to charge the reasonable costs communicated in advance to the consumer.
Article 14
Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly within 7 days of discovering the defect. Complaints will be answered within 14 days of receipt.
If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when to expect a detailed answer.
If a complaint is found to be justified, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15
Disputes
Agreements between the entrepreneur and the consumer to which these general conditions apply are exclusively governed by applicable law. This applies even if the consumer resides abroad.
Article 16
Mobile Message Service
The nivelleofficial mobile message service (the "Service") is operated by nivelleofficial. Your use of the Service constitutes your agreement to these terms. We may modify or cancel the Service or any of its features without notice.
By consenting to nivelleofficial's SMS/text messaging service, you agree to receive recurring SMS/text messages from nivelleofficial through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Service-related messages may include order updates, alerts, and promotional offers.
You are not required to sign up for this service to make any purchases. Your consent is not a condition of any purchase. Participation is completely voluntary. We do not charge for the Service, but standard message and data rates from your wireless provider may apply.
You may opt out at any time by texting STOP to our number or clicking the unsubscribe link in any message. For support, email support@nivelleofficial.com.
To the extent permitted by applicable law, nivelleofficial will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service.
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