26 November 2020
1.1 We are happy to see that you are interested in our products. We have made these terms and conditions, set out below, to explain the terms applied when you purchase a product from us on our Website. We are a limited liability company incorporated under the laws of Sweden named Nelson Garden AB, with Swedish company registration number 556127-6071 (“Nelson Garden”, “us” or “we”). We develop and sell the products featured on our website, https://www.nelsongarden.de the “Website”). You can read more about, and purchase, our products on the Website.
1.2 These terms and conditions (the “Terms”) apply between Nelson Garden and you as a customer (“you”), when you place an order from us on the Website. Your terms and conditions (if any) shall not apply, even if we do not explicitly object to them.
1.3 By accepting these Terms, you hereby confirm that you have read, understood and agree to be bound by these Terms when purchasing our products available from the Website and that you have the legal capacity to do so. You also accept that the personal data and information that you provide us are correct and complete.
1.4 The inclusion of any products the Website at a particular time does not imply or warrant that these products will be available at any time. We reserve the right to discontinue any product at any time.
1.5 We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on the Website at the time you place your order.
2.1 The presentation and advertising of the products on our Website does not constitute a binding offer to conclude a contract.
2.2 You place an order on the Website by selecting the products and quantity you wish to order. After you have selected the products you fill in your contact information required such as your name, email address, phone number, address and delivery address (collectively your “contact information”). You must also select the delivery method for your order. When all necessary information is filled in you click checkout to make the payment. Your order will be regarded as complete when you have fulfilled the steps mentioned above.
2.3 Shortly after you have placed an order with us, we will email you an order confirmation, meaning that we have accepted your order. If your order is incomplete or if we cannot meet your order, we will ask you to add or adjust the order.
2.4 When you have received the order confirmation the order is binding. You can withdraw your order until it has been confirmed. As a consumer you are entitled to withdraw the offer and return the product in accordance with the cancellation and return policy as separately made available to you on our website during the ordering process and in Section 5, and you have the right to be refunded for any payments made to us due to such withdrawn or revoked order.
2.5 If you have any questions regarding your order or refund, please contact us at email@example.com stating your order number and contact information.
3.1 Available payment methods and terms are presented on the Website. You can pay when placing an order on the Website by using debit and credit cards (e.g. Visa and MasterCard). If your payment is not confirmed, your order will not be accepted. You can also pay by using the services provided by our partner Sofort.
3.2 Current prices and fees are available on the Website. All prices are in the stated currency and include VAT.
3.3 Shipping and payment fees are stated separately as they are not included in the prices. Local charges such as, but not limited to, currency conversion fees, custom fees and taxes may apply depending on your location, such charges will not be refunded and are at your sole expense.
4.1 The expected time of delivery is found on the Website and in the order confirmation.
4.2 We will inform you promptly of any delay in delivery. If the delivery of your order is delayed more than fifteen (15) days from the shipping date stated in the order confirmation and the delay is neither on our nor on your part, you may cancel your order in writing to firstname.lastname@example.org. You will be refunded for any payments made to us due to such cancelled order and if we ask you to send back any late delivered products of the cancelled order you will also be refunded for any shipping costs due to the return.
4.3 Depending on the delivery method you have chosen you may have to pick up your order at a delivery point stated in the notification of delivery. If your delivery is not picked up in time, you may have to pay a late pick up fee and the order may be sent back to us at your expense and we may charge you for the return and/or cancel your order.
5.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
5.2 If you, as a consumer, make use of your right of withdrawal according to section 5.1, you must bear the regular costs of the return shipment.
5.3 In all other respects, the right of withdrawal is governed by the provisions which are set out in detail in the following:
Right of revovcation
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must inform us Nelson Garden AB, Lokgatan11, 362 31 Tingsryd, Sweden, Tel: 0800 0010167 and email@example.com by means of a clear statement (e.g.a letter or e-mail sent by post) of your decision to withdraw from the purchase contract. You can use the attached model withdrawal form, which is not mandatory. You can also use the sample withdrawal form or another clear declaration on our Website ( https://www.nelsongarden.de ) fill in and submit electronically. If you make use of this option, we will immediately (e.g.by e-mail) send you a confirmation of receipt of such a withdrawal.
In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of withdrawal
If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the withdrawal of this contract to us or to (insert here, if applicable, the name and address of the person authorised by you to receive the goods). The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for checking their nature, properties and functioning.
Sample withdrawal form
(If you want to withdraw from the contract, please fill in this form and send it back to:)
Nelson Garden AB,Lokgatan 11, 362 31Tingsryd, Sweden or firstname.lastname@example.org
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Date (*) Delete as appropriate
5.4 The right of withdrawal does not apply to the following distance contracts
(a) for the delivery of goods which have been produced according to customer specifications or which are clearly tailored to personal requirements or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date would be exceeded,
(b) for the delivery of audio or video recordings or of software if you have unsealed the delivered data carriers.
• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
6.1 We are liable for defective products or defects of title of delivered products according to the applicable statutory provisions, in particular Sections 434 et seq. German Civil Code (Bürgerliches Gesetzbuch). The statute of limitation (Verjährung) is two years and begins with the delivery of the goods.
6.2 Complaints regarding defected products shall be notified to us by email as soon as the defect arises at email@example.com. We will shortly send you a confirmation of your complaint notification stating the return address along with other information if you are entitled to return the product(s).
You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.
9.1 We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
9.2 In other cases we shall be liable - unless otherwise provided for in Section 9.3 - only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation, Kardinalpflicht), and limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in Section 9.3.
9.3 Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
10.1 The Website and its original content, features, functionality, and design elements are and will remain our exclusive property. Our intellectual property, such as, but not limited to, trademarks, company and product names, images, design, layout and information on products may not be used in commercial purposes without our prior written consent. No intellectual property rights shall be transferred to you or any third party pursuant to these Terms or otherwise in conjunction with your order of the products.
11.1 Images or other visuals on the Website are for illustration purposes only and we do not guarantee the exact quantity shown nor the exact appearance, origin or function of the products. Please view the order confirmation for the accurate product quantity of your ordered product(s).
12.1 We are entitled to assign or pledge any of our rights including claim for payment and obligations under these Terms to any third party without restriction.
13.1 The law of the Federal Republic of Germany shall apply to any dispute arising out or in connection with the Termsn, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
13.2 Alternative Dispute Resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/odr . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
We hope that you will have a great experience using our products!
Nelson Garden AB
362 31 Tingsryd
Tel: 0800 0010167 (Monday-Thursday 9:00-17:00, Friday 9:00-16:00)