MARKUS NIKOLAI OPTIC, Markus Nikolai, Brönnerstraße 21, 60313 Frankfurt, Germany, (hereinafter “We” or “MARKUS NIKOLAI OPTIC” or “markusnikolai.com”), provides the website www.markusnikolai.com. The following Terms & Conditions shall apply in the latest version to all orders and contracts made by Markusnikolai.com and the client (“client”), who either is a private person of full age (hereinafter “consumer” or “customer” according to para. 13 German Civil Code – BGB) or a trader (hereinafter “trader” according to para. 14 BGB). No subsequent agreement in any way altering these Terms & Conditions shall be binding on Markusnikolai.com unless made in writing and signed by an authorized officer of Markusnikolai.com
2. IMPORTANT ADVICE
All goods on our website www.markusnikolai.de are presented in a true-to-life manner to the greatest extent possible. Due to different settings or performances of computer monitors or printers, photographs can and may differ from the real appearance. Consistency cannot be guaranteed by Markusnikolai.com
Products as presented on the website may be out of stock, unavailable for other reasons or may vary in price in individual cases. The presentation of goods on the website is not a binding offer. Unless specified otherwise, all mentioned prices are given in EURO incl. VAT plus shipping costs.
All products are delivered with one or multiple tags attached. When trying on the items, please be careful. The obligation for returns does not apply when the goods look worn or torn or obviously handled carelessly.
3. CONCLUDING CONTRACTS
All contracts between you and Markusnikolai.de are closed when chosen items have been transferred into the shopping bag on the website, the order form has been completed for dispatch after the button “CONFIRM” or the “Return” or “Enter” key on your keyboard has been pressed (binding order of the customer), and finally upon receipt of the Markusnikolai.de order confirmation email sent to the email account of the customer as stated in the order form or alternatively upon shipping of the goods. The customer accepts these “Terms & Conditions” by clicking the button on the order form. Any mistakes in the order form can be corrected before dispatch of the order. The prices valid at the date and time of order apply.
We do not store the contract text and it cannot be downloaded again after your order has been completed. You can print out the order data immediately after sending it.
In the event our supplier does not deliver the goods as ordered by us according to the distribution agreement between Markusnikolai.de and the supplier (thus breaching the distribution agreement), we are entitled to terminate the contract. In this case, we will give notice that the ordered product is not available; payments will be refunded in this case.
4. CUSTOMER SERVICE
Please get in touch with us sending an email to firstname.lastname@example.org for any inquiries regarding your order.
5. DELIVERY CONDITIONS AND SHIPPING COSTS
5.1 Dispatch, Shipping Costs and Estimated Delivery Times
Our goal is to dispatch orders within 24 hours during work days. During high-volume sale periods, it may take up to 3 business days to dispatch your order. Estimated delivery times are to be used only as an approximated guideline, and commence from the date of dispatch. MARKUS NIKOLAI OPTIC is not responsible for any delays caused by destination customs clearance processes, severe weather or other unforeseen circumstances. The times indicated below are after an order is dispatched.
Germany Standard (within 1-3 days from dispatch): Small items (flat packed items) Euro 5 International (within 3-5 working days from dispatch): Small items (flat packed items) Euro 8
Germany Standard (within 2-5 days from dispatch): Large items (Furniture, framed works) as shown in the shop, shipping costs vary
International (within 8-12 working days from dispatch): Large items (Furniture, framed works) as shown in the shop, shipping costs vary
Unless otherwise agreed upon, shipping will be carried out to the address provided by the customer. Periods of delivery are non-binding, unless otherwise expressed. We are unable to deliver to APO/FPO addresses or P.O. boxes. Our shipping partners do not assure Saturday deliveries. Some countries may have restrictions on the import and receipt of certain items. Due to the high value and nature of the goods we ship, a signature is required for most purchases.
5.2.2 Receiving Options
Within certain countries, you may be prompted to designate whether or not a signature is required or not required. This option is not available in all countries. If this option is available, you will be asked to choose one of the following: • I will sign for my parcel. (RECOMMENDED) • Deliver without signature requirement. (SIGNATURE WAIVER)
5.2.3 Signature Waiver
Due to the high value and nature of the items we ship, this option is not recommended for all customers. In the event that this option is chosen, any loss and/or damage (for whatever reason) from the time of dispatch onward is the sole responsibility of the customer. MARKUS NIKOLAI OPTIC will not be held liable. under any circumstance. By selecting this option you are confirming that an order can be left at and/or outside the delivery location or with a neighbor without a signature.
5.3 International Shipping
We currently ship to all countries named in the following paragraphs:
5.3.1 International Shipments on a Delivery Duty Paid (DDP) basis
The following countries will be delivered on a DDP (Delivery Duty Paid) basis, which means that all relevant sales taxes, import fees and customs duties are included in the purchase price. If, by mistake, our shipping partner invoices you for these costs, please contact us immediately, as you are not required to pay any additional fees.
List of DDP countries:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
5.3.2 International Shipments on a Delivery Duty Unpaid (DDU) basis
If you wish to ship to a DDU (Delivery Duty Unpaid) destination, product prices displayed are exclusive of all taxes and duties. All additional taxes, import fees, and surcharges levied by destination countries (including brokerage fees) are the responsibility of the customer. Please check with your local customs house to find out if any additional charges will be applied to your order. Our shipping partner takes responsibility for such charges and bills the recipient accordingly. We are unable to provide an estimate of these charges. We do not receive any part of/profit from customs or import fees. If you refuse to pay these charges, the shipment will automatically be returned to us at our expense. Please note that we will then deduct any related charges incurred from the refunded amount of your original purchase.
DDU Countries are those not mentioned above under List of DDP Countries
5.4 Shipping Partners
Shipments will be carried out through our preferred shipping partners. Their terms and conditions will additionally apply and can be read on their respective websites.
5.5 Special Requests
If the customer has special requests regarding types of shipment, (e.g. express shipment) additional costs will apply. The risk shall be transferred to the customer when orders are shipped to a forwarding company or other courier service. In this case, the customer assumes risk from the time the parcel leaves MARKUS NIKOLAI OPTIK.
5.6 First Time Orders
For your security reasons, please be aware that first time orders can only be shipped to the PayPal billing address or a corporate work address which is linked to the person ordering. To avoid any delays to your order, please ensure that your billing address matches the address in your PayPal account. Please also make sure that your contact details are filled in accurately so that we can contact you if necessary.
Payments (including shipping fees) are accepted via PayPal. In the event that purchased goods are not available at the time your order is ready to be processed for shipping, any amounts credited in advance will be refunded immediately.
Please keep in mind that some banks charge an additional fee for foreign money transfers/credit card transactions. This does not apply to MARKUS NIKOLAI OPTIC exclusively and should be clarified beforehand with your bank. MARKUS NIKOLAI OPTIC does not charge any additional international transactions fees.
Checkout with PayPal. We currently offer this payment option for Euros. At this time we do not accept PayPal in the Middle East.
On check-out you will be redirected to the PayPal website. If you do not have a PayPal account, you can quickly open one during the checkout process. For more information, please visit PayPal.com.
7. RETENTION OF TITLE
All goods will remain in our property until payment is received in full. In the case of a delay of payment for a period of more than 10 working days, MARKUS NIKOLAI OPTIC is entitled to terminate the contract and reclaim the goods.
8. WARRANTY & LIABILITY
8.1 Condition of Goods
All instructions, designs, illustrations, technical data, weight, measurement and performance specifications which are contained in product folders, catalogues, circulars, announcements or price lists, have a purely informative character. Although we try our best to ensure accuracy, we do not guarantee the correctness of such information.
Liability in the case of material defects or defects of title shall follow the statutory provisions in force in the Federal Republic of Germany. Compensation for consequential damage caused by defects in delivered goods shall be excluded. The following restrictions shall apply:
MARKUS NIKOLAI OPTIK shall not be liable for other than by injury of lives, bodies and health developing damages, unless caused by MARKUS NIKOLAI OPTIC or its employees, representatives or supporters with gross negligence or intent or based on culpable injury of a primary contractual obligation by MARKUS NIKOLAI OPTIC or its employees, representatives or supporters. Any further liability shall be ruled out, except of such under the German Product Liability Act or liability for an expressively warranted condition or defects which have been suppressed maliciously.
Data communication over the internet cannot be ensured error free and/or at any time available after the present state of the art. Therefore we are not liable for the constant and continuous availability of our website. We are not responsible or liable for the availability and the content of third party’s websites reachable over hyperlinks from our website. The content of third party’s websites will not be appropriated by MARKUS NIKOLAI OPTIC in any case.
We welcome your feedback and are continually seeking ways to improve your shopping experience. In the case of complaints, please feel free to contact us:
MARKUS NIKOLAI OPTIC
Germany +49 69 21976797
9. RIGHT OF CANCELLATION AND RETURN OF GOODS
Should you not be happy with your purchase, you have 14 days from when you receive your package to make a return or exchange. Items must be in original, unworn, unused condition. The obligation for return or exchange does not apply when used, worn, washed or damaged.
MARKUS NIKOLAI OPTIC is unable to refund customs duties and sales taxes for orders sent to destinations outside of the EU. Depending on the country to which your order was sent, you may be able to contact your local customs bureau directly for a refund of these costs. Please take note that for orders sent to destinations outside of the EU where deliveries have been refused by the customer or the customer was not available to receive the delivery, MARKUS NIKOLAI OPTIC will not be able to refund customs duties and sales taxes.
All sales taxes will be refunded to customers located within the EU.
FOR CUSTOMERS WITHIN THE EU:
Right of cancellation
We want our customers to be happy with their orders. If you are not satisfied with your order, the following right of withdrawal applies to consumers within the EU:
Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from – the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods,
– in the case of a contract for several items that you have ordered in a single order and that are delivered separately: the date on which you or a third party named by you, who may not be the carrier, have taken possession of the last goods,
– in the case of a contract for delivery of goods consisting of multiple partial shipments or pieces: the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods.
To exercise your right of cancellation, you must inform us, MARKUS NIKOLAI OPTIC, Markus Nikolai, Brönnerstraße 21, 60313 Frankfurt, Germany; Tel. +49 69 21976797 of your decision to withdraw from this contract through means of an unambiguous declaration (e.g. a letter mailed by post, a fax or an email).
In order to observe the cancellation period, it is sufficient that you send notice of cancellation before the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we are under obligation to reimburse all the payments that we have received from you, including shipment costs (with the exception of the additional costs arising from your choosing a type of shipment other than the most favorable standard shipment offered by us) without undue delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the initial transaction, unless we explicitly agree otherwise with you; you will in no event be charged fees for this reimbursement.
We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever happens first. You must send back or hand over the items without undue delay and in any event no later than fourteen days from the date on which you notify us of cancellation of this contract to the following address:
MARKUS NIKOLAI OPTIC, Markus Nikolai, Brönnerstraße 21, 60313 Frankfurt, Germany
The deadline is met if you send back the goods before the end of the fourteen day period. We will bear the cost of returning the goods if you send them in accordance with our instructions with the logistics partner we specify. If not, you will bear the direct cost of returning the goods.
You will only be liable to pay for any diminished value of the items resulting from your handling the items for reasons other than what is necessary for ascertaining the condition, nature and functioning thereof.
End of cancellation policy
All returns must be in compliance with our complete returns policy and procedures.
10. GOVERNING LAW AND GENERAL TERMS
The law of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sales of Goods (CISG) expressly excluded.
The Terms & Conditions of MARKUS NIKOLAI OPTIC will supersede any other general terms and conditions binding upon the customer.
Frankfurt am Main (Germany) shall be the place of jurisdiction if the customer is a merchant entered in the commercial register as a merchant, a legal entity under public law, or a federal special fund under public law (§ 38 German Civil Litigation Act).
Eventual ineffectiveness of single provisions does not touch the effectiveness of the remaining provisions.
11. LEGAL NOTICE
MARKUS NIKOLAI OPTIC
International VAT No. 156987559 DE
Should you require additional information, clarification of these procedures or, if at any time during the returns process you need assistance, please contact us. We will be happy to guide you.