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      /  Terms and conditions

    General terms and conditions B2B or merchants within the meaning of the Commercial Code

    – As of January 01, 2021


    The following conditions apply exclusively to business dealings with merchants within the meaning of the Commercial Code, legal entities under public law or special funds under public law. They are part of the contract by mutual agreement; they have priority over deviating purchase or similar conditions of the customer. Deviations, additions and special assurances must be made in writing to be effective.

    1. Validity

    Our delivery and business terms and conditions below apply to all business transactions, in particular to all future transactions, even if they are not referred to separately, and regulate them conclusively, unless deviating conditions are agreed in writing. The acceptance of deliveries or partial deliveries is in any case considered acceptance of our delivery and terms and conditions.

    2. Offer

    Offers are always non-binding. A purchase contract is only concluded with our written order confirmation. If our delivery takes place without the buyer having received an order confirmation beforehand, the contract is concluded when the goods are handed over to the forwarding agent or the carrier. Offers and the acceptance or confirmation of orders are subject to timely and sufficient self-delivery. In the event of insufficient self-delivery, we are entitled to withdraw from the contract after a period of 14 days.

    3. Delivery

    Delivery periods and dates are deemed to be approximately agreed. Early delivery is permitted. All deliveries are made from the warehouse or branch. We reserve the right to make partial deliveries. If the delivery of the goods is delayed, the customer can set us a reasonable grace period of at least 14 days. Timely dispatch of the goods is sufficient to meet the deadline. In the event of non-performance by the buyer, we can demand compensation for the damage we have incurred. Claims for damages due to late delivery are excluded in any case, provided the delay is not due to intent or gross negligence on our part. Obviously incorrect or incomplete deliveries as well as obvious defects must be reported to us in writing immediately (within 7 days after receipt of the goods), otherwise we are exempt from liability for defects.

    4. Shipping and Risks

    We reserve the right to choose the route and means of transport. Unless expressly agreed otherwise, we deliver in advance or cash on delivery at the expense and risk of the customer. The transport risk is borne by the buyer even if the shipping costs are exceptionally borne by us. In the case of cash on delivery with DHL plus 2 EUR transfer fee from Deutsche Post.

    5. Reservation of title

    If the customer is a reseller (dealer), he is entitled to process and sell the reserved goods in the ordinary course of business, as long as he is not in default. As a precaution, the customer hereby assigns to us in full the claims arising from the resale or other legal grounds (insurance, tort) with regard to the goods subject to retention of title. The customer is authorized to collect the claims assigned to us for his account in his own name, as long as this authorization is not revoked by us in writing. If the value of the assigned claims exceeds the customer’s liabilities to us by more than 20%, the excess amount will be repaid to the customer once we have been fully satisfied. In the event of any processing, the company Nail: Code remains. Manufacturer within the meaning of § 950 BGB.

    6. Prices, payments and payment method

    Unless otherwise agreed, our prices are expressed exclusively in euros and plus the applicable statutory value added tax. § 454 BGB does not apply. For orders to be dispatched, we calculate the shipping costs incurred plus any cash on delivery fee. In the case of direct sales from the warehouse (branch), payment must be made in cash or by EC-Cash with PIN entry. Orders are only delivered by cash on delivery or prepayment. The goods remain our property until the purchase price has been paid in full. The payment methods credit card payment and direct debit are only available under very specific conditions. With every order process, creditworthiness information is obtained on the basis of mathematical-statistical procedures from Agenda, Troppauerstr. 10, 83395 Freilassing. A so-called score value is generated from this information. The level of the score defines the individually offered payment methods. The customer can obtain information on his payment behavior or his creditworthiness from the above-mentioned entrepreneur. We ourselves do not have any detailed information on this. The customer has no right to payment by credit card or direct debit. It is solely up to the company Nail: Code which payment method is offered for which order.

    7. Offsetting

    The customer can only assert offsetting and retention rights with regard to undisputed or legally established claims.

    8. Packaging

    We deliver the goods in customary packaging suitable for normal shipping.

    9. Warranty / Returns

    The statutory warranty period of 12 months for B2B (“Business to Business”) applies. The warranty is limited to repair or replacement at our option. The buyer is entitled to demand the cancellation (conversion) of the contract if subsequent improvements fail several times. All items and items shown with a single price are considered to be independent items, and the conversion or reduction can only be requested in consideration of this. In the case of devices that are older than three months, liability is limited in any case to the sales price valid at the time of conversion (replacement value), but no more than the purchase price. In the case of conversions for other reasons, the current sales price is always used, but no more than the sales price from the invoice. Liability for any consequential damage caused by a defect, in particular for lost profit, is excluded, unless we are guilty of intent. We do not assume any liability for the correctness of technical data, prices and other offers in manufacturer brochures to which we have not expressly referred. We reserve the right to make technical changes that serve the progress and general improvement of the product or that do not significantly impair its use, which will be offered upon assertion. Wearing parts (cutter bearings or cutter carbon) are excluded from the statutory warranty claim and will be exchanged for a fee.

    Returns of articles that we already offer for testing are hereby expressly excluded, also for end consumers. The return takes place only with deduction of a usage fee after a test and visual inspection of the devices and on a goodwill basis.

    10. Other / liability

    We do not accept any liability for damage resulting from improper use of our products. Our recommendations for use and instructions for use are based on our own experience and are non-binding in every respect. The user is responsible for using our products. The buyer is obliged to treat the products with care until the final payment has been made. He also undertakes to insure the items against burglary, theft, vandalism, fire and water damage.

    11. Data protection

    The company Nail: Code is entitled to save, process and transmit the data necessary to process business transactions for its own purposes.

    12. Place of fulfillment and place of jurisdiction

    The customer must notify Nail: Code immediately of any change in his place of residence or business. The place of performance for all obligations arising from the contractual relationship is 77933 Lahr. The place of jurisdiction for all disputes arising from the contractual relationship as well as its initiation and processing is at our option 77933 Lahr or the seat of the buyer.

    13. Right of withdrawal

    Our offers apply exclusively to commercial customers, self-employed and freelancers. Therefore, the Distance Selling Act with the 14-day right of return does not apply to orders. We regret to inform you that we are unfortunately unable to carry out online orders from private individuals. By submitting a purchase order, you confirm that you accept our terms and conditions and order as a commercial customer. We reserve the right to request proof of this. The prices in the online shop are net prices in euros plus the statutory VAT

    14. Distribution and resale of our products

    It is not permitted to resell our products or our product samples privately or commercially, this applies in particular to auction platforms and Internet forums. Commercial distribution is only permitted as a sales partner with the permission of Nail: Code GmbH Germany.
    15. For online promotions (e.g. 1 + 1 free), already reduced items are excluded from any additional discounts or promotions.

    16. Important payment method in advance

    Customers who do not pay the ordered goods in advance within 7 days are automatically reminded by our system afterwards. If the goods are not paid for within the next 7 days after the payment reminder, we allow ourselves, without warning, to delete the order and customer data from our online customer base. A new online order is therefore no longer possible.

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      Tonicolors GmbH

      Tullastr. 4/2

      77933 Lahr

      0049 7821 922302

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