T&C
General Terms and Conditions
I. Scope
The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions; we do not recognise any terms and conditions of the customer that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their application. Acts of contract fulfilment on our part shall not be deemed consent to contractual terms deviating from our conditions. These terms and conditions shall serve as a framework agreement for all further legal transactions between the contracting parties.
II. Conclusion of Contract
A contractual offer from a customer requires an order confirmation. Dispatching the goods ordered by the customer also constitutes conclusion of the contract. Receipt of the offer will be confirmed to the customer by automatic email. This email does not constitute an order confirmation; it merely confirms to the customer that we have received the offer.
III. Price
All prices quoted by us are, unless expressly stated otherwise, to be
understood as exclusive of VAT. The price applicable at the time of
your order shall apply, unless otherwise demonstrably agreed with us.
In the event of errors, we reserve the right to adjust the price accordingly.
In such a case, the customer has the right to cancel the order if they do not
agree with the amended price.
For consumer transactions, clause III. does not apply.
IV. Payment Terms, Default Interest
We offer the following payment methods: advance payment, credit card, cash on delivery (currently for Europe only). The costs incurred for cash on delivery shipments will be charged to the customer in addition to the standard shipping costs. See also under "Shipping".
Should a delivery be returned to us, we reserve the right to pass on the costs incurred to the customer.
Should the customer reverse a payment without justification, we reserve the right to pass on the costs incurred to the customer.
Cash discount deductions require a separate agreement. In the event of payment default, including partial payments, any cash discount agreements shall also become void.
Payments by the customer shall only be deemed made upon receipt in our business account. Goods ordered by advance payment will be dispatched once the full invoice amount has been received in our business account.
In the event of default by the customer, we are entitled, at our discretion, to claim either compensation for the actual damage incurred or default interest at the statutory rate. Our company is entitled, in the event of payment default by the customer, to also demand compound interest from the date of handover of the goods.
V. Withdrawal from Contract
If the customer withdraws from the contract without being entitled to do so, or requests its cancellation, we have the choice of insisting on performance of the contract or agreeing to the cancellation; should costs already have been incurred by us, we reserve the right to pass these on to the customer.
The consumer may withdraw from the contract within 14 working days, Saturdays not counting as working days. The period begins on the day the goods are received by the consumer, or in the case of services, on the day the contract is concluded. It is sufficient to dispatch the notice of withdrawal within this period. If the consumer withdraws from the contract in accordance with this provision, they shall bear the costs of returning the goods. For services whose execution is agreed to commence within 14 working days of the conclusion of the contract, withdrawal is not possible.
VI. Reminder and Collection Costs
The contracting party (customer) undertakes, in the event of default, to reimburse the creditor for the reminder and collection costs incurred, insofar as they are necessary for the appropriate pursuit of legal claims. If the creditor handles the reminder process themselves, the debtor undertakes to pay an amount of € 10.00 per reminder issued, as well as an amount of € 3.63 per half-year for maintaining records of the debt in the reminder system.
VII. Delivery, Transport, Default of Acceptance
Our sale prices do not include costs for delivery, assembly or installation. Unless otherwise stated in the item description, we charge a flat rate for packaging and shipping (see "Delivery Costs").
If the customer has not accepted the goods as agreed (default of acceptance), we are entitled, after an unsuccessful grace period, to store the goods at our premises. At the same time, we are entitled either to insist on performance of the contract, or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and dispose of the goods elsewhere.
We reserve the right to invoice the customer for any costs incurred should the customer fail to accept the goods despite the grace period.
VIII. Delivery Period
We are only obliged to perform once the customer has fulfilled all of their obligations required for execution.
Goods ordered by advance payment will be dispatched once the full invoice amount has been received in our business account.
We are entitled to exceed the agreed dates and delivery periods by up to one week. Only after expiry of this period may the customer withdraw from the contract after setting a reasonable grace period.
Partial deliveries are expressly permitted. No additional shipping costs will be incurred by the customer unless the customer requests a partial delivery.
IX. Place of Performance
The place of performance is the registered office of our company (Twickenham, GB).
X. Minor Changes to Performance
Where the transaction is not a consumer transaction, minor or otherwise reasonable changes to our performance or delivery obligations shall be deemed approved in advance. This applies in particular to deviations inherent to the nature of the goods (e.g. dimensions, colours, etc.).
XI. Damages
All claims for damages are excluded in cases of slight negligence.
The existence of slight or gross negligence must, where the transaction is not a consumer transaction, be proven by the injured party. The provisions on damages contained in these terms and conditions or otherwise agreed shall also apply where a claim for damages is asserted alongside or instead of a warranty claim.
Prior to connecting or transporting IT products or prior to installing computer software, the customer is obliged to adequately back up the existing data on the computer system; otherwise the customer shall bear responsibility for any lost data and all related damages.
XII. Product Liability
Recourse claims within the meaning of product liability are excluded, unless the party entitled to recourse demonstrates that the defect was caused within our sphere and was attributable to at least gross negligence.
XIII. Retention of Title and Its Enforcement
All goods are delivered by us subject to retention of title and remain our property until full payment has been received. The enforcement of the retention of title shall only constitute withdrawal from the contract if this is expressly declared. In the event of a return of goods, we are entitled to charge for transport and handling costs incurred. In the event of third-party access to the reserved goods – in particular through seizure – the customer undertakes to draw attention to our ownership and to notify us immediately. The customer may not dispose of the reserved goods until the outstanding purchase price has been paid in full, and in particular may not sell, pledge, give away or lend them. The customer bears full risk for the reserved goods including in particular the risk of destruction, loss or deterioration.
XIV. Governing Law, Jurisdiction
GB law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is English. The contracting parties agree on GB domestic jurisdiction.
Where the transaction is not a consumer transaction, the court having subject-matter jurisdiction at the registered office of our company shall have exclusive local jurisdiction to decide all disputes arising from this contract.
XV. Data Protection, Change of Address and Copyright
The customer gives their consent that the personal data also contained in the purchase contract may be stored and processed by us using automated means in fulfilment of this contract.
The customer is obliged to notify us of any changes to their residential or business address for as long as the legal transaction forming the subject of the contract has not been fully performed by both parties. If such notification is omitted, declarations shall be deemed received even if sent to the last notified address.
XVI. Provider Identification
Contracting party, operator and contact for this online shop:
NILION Trading GmbHHosnedlgasse 12, Objekt 3
1220 Vienna
Austria
Email: service@nilion-wholesale.com
Phone: +43 (1) 715 55 55 - 0
Fax: +43 (1) 715 55 55 - 99
Version: November 2018