General Terms for Internet sales / Right of Revocation
1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers
(each, a „Customer“) through our online shop(s) hosted at the domains nuia.com or 4tiitoo.com or accessible
in our NUIA software (the „Store“) shall be governed by these general terms and conditions of sale
(the „General Terms and Conditions“).
(2) The product offerings in the Store are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German Store, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English Store, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract
(1) Our offerings in the Store are non-binding.
(2) By placing an order in the Store, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
(3) Upon receipt of the order, we might send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching a physical product or by offering a digital product for download. The sales contract with the Customer shall not become effective until our acceptance.
(4) When ordering in our Store accessible among others at the domain store.nuia.com and from the NUIA app) the order process consists of four or five steps depending on whether you already have a NUIA account and are logged in or not:
- Step 1: Choose your desired good by clicking on the button “Buy” / “Kaufen” followed by the product type and price. You will get redirected to the specific checkout page for this product.
- Step 3: Choose your preferred payment method. Afterwards you are required to input your personal details if you have not saved them in previous purchases.
- Step 4: A summary of your purchase is presented and you have the possibility to use valid coupons for this product.
- Step 5: Tick the checkbox to "Ich stimme ausdrücklich zu, dass Sie vor Ablauf der Widerrufsfrist mit der Ausführung des Vertrages beginnen. Mir ist bekannt, dass ich durch diese Zustimmung mit Beginn der Ausführung des Vertrages mein Widerrufsrecht verliere." / „I explicitly agree to the performance of the contract before the end of the cancellation period. I understand that this renders my cancellation rights void at the beginning of the performance of the contract" and click “Buy now” / “Jetzt Kaufen” to send a binding order to us and you will be presented with the payment procedure according to your selection.
If you buy usage rights to a digital product, the file will immediately be made available to you after the payment was completed.
You will find all purchased products under “Bestellungen einsehen” / „View Orders“ in the NUIA Store.
Your order is a binding expression of your intention to purchase the products from us.
(5) We will then send you an order confirmation with all order and payment details to the e-mail address you specified
(6) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy under Sections 12. and 13. in this document.
3. Special Terms for Buying Usage Rights to Digital Products
(1) Conclusion of Contract: You purchase the usage right for digital products by purchasing
a digital product. The following conditions apply: The contract is concluded among buyer and seller
according to these terms and conditions if the buyer has provided his personal data and selected the
desired content and starts the download. The user commits to truthfully and completely entering the
required information. The purchasing contract is concluded by the seller by adding the product to the
account of the user or making the file available for download. Any status messages do not constitute accepting the offer.
(2) No Right of Withdrawal: For goods that are accessed via download (e-book files), the publisher initiates delivery before the beginning of the period of revocation. Therefore, the right of withdrawal is voided for the purchase of usage rights for digital products in our Store. During the order process, the customer is required to tick off "Ich stimme ausdrücklich zu, dass Sie vor Ablauf der Widerrufsfrist mit der Ausführung des Vertrages beginnen. Mir ist bekannt, dass ich durch diese Zustimmung mit Beginn der Ausführung des Vertrages mein Widerrufsrecht verliere" / "I explicitly agree to the performance of the contract before the end of the cancellation period. I understand that this renders my cancellation rights void at the beginning of the performance of the contract". A valid order is only possible after this box has been ticked. By ticking it, the customer confirms his awareness of the publisher initiating delivery of the product before the beginning of the period of revocation and of the fact that this renders the right of withdrawal void.
4. Prices and Payment
(1) Our prices are explicitly marked to which extent statutory VAT and shipping costs are included.
The customer has to bear duties and similar charges for deliveries abroad unless otherwise agreed.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (Credit Card, Paypal) upon receipt of an invoice.
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within five business days upon receipt of the product and the invoice.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
5. Special Terms for Payment when Buying Usage Rights to Digital Products
Invoice orders are not available for digital products. You can choose from credit card, direct debit, Paypal and Sofortüberweisung for payment. Not all of these options have to be available. After clicking on the button "Jetzt Kaufen" / "Buy now", you are asked to provide your payment information. Then, click on "Jetzt bezahlen" / "Pay now" to complete the order. After we received a confirmation of the completed payment the digital product is immediately available for download.
6. Dispatch of the Product
(1) Any date of dispatch communicated by us shall be only approximate and may therefore be exceeded
by up to five business days, except if a fixed date of dispatch has been agreed upon.
(2) Any time period relevant to determine the date of dispatch pursuant to this Section 6 (as specified by us when the order is made or as otherwise agreed upon) shall begin if advance payment has been agreed, upon receipt by us of the full purchase price.
(3) The date of dispatch shall be such day on which a physical product is handed over by us to the carrier or the possibility to download a digital product is made available.
(4) Regardless of whether any product is indicated on the order form as "in stock", we may sell such product at any time, provided that a) the order form has included a notice as to the limited availability of the product or b) an advance payment has been agreed upon and this payment amount is not received by us within a period of five business days upon our acceptance of the order. In such cases, we shall only be obligated to dispatch the product within the time period agreed upon or indicated by us as long as stock lasts.
(5) In the event that no date of dispatch has been specified or otherwise agreed upon or we are no longer required to deliver within any agreed time period pursuant to subsection 4, we shall be required to dispatch the product within a period of three weeks after the Relevant Date pursuant to subsection 1.
(6) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as "not in stock" or has been sold off in accordance with subsection 4 above, any applicable delivery period pursuant to this Section 4 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than three weeks, provided that our supplier’s failure to timely supply the products is not a result of our fault or negligence and that we have without undue delay ordered the relevant products from the supplier.
(7) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 6, we shall without undue delay inform the Customer thereof. If the product is no longer available within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 11 of these General Terms and Conditions.
(8) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
7. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment
and to select the carrier at our reasonable discretion.
(2) In the case of physical products, we shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance carrier or after a download of a digital product has finished. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier or after a download of a digital product has finished.
(4) We shall insure the product against the usual risks of transportation at our cost and expense.
8. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the full purchase price for such product has been paid.
(2) The Customer shall not be entitled to resell any products delivered by us which are under retention of title, except with our prior written consent.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from
us to repair the defect or to supply another product (as ordered) which is free from defects.
Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to
choose between any such remedies at our discretion, provided that such choice shall be made by us
by written notice (in „text form“, including by telefax or by e-mail) within a period of three business
days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective
product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Subsection (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 11 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
10. Intellectual Property Rights
(1) In case of digital products the Customer is granted the non-exclusive rights to use the digital
product and in case of software the rights according to the EULA shipped with software. The current
version of the NUIA EULA can be viewed here: EULA
(2) The Customer shall have no right to make copies of the software, except for the purpose to use the software pursuant to Subsection (1) or for back-up purposes.
(3) The Customer may transfer the rights to digital products to any third party only if the Customer does not retain any copy whatsoever of the digital product and in case of software also does not retain any installation.
(4) In no event shall we be required to make available the source code of the software, except in cases where the license of the used software requires doing so.
(1) Our liability for late delivery shall, except in cases of willful misconduct or gross negligence, be limited to an amount equal to 5% of the aggregate purchase price (including VAT). (2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence. (3) The provisions of this Section 11 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
12. Notice of Cancellation for Orders of Physical Goods
Consumers are entitled to the legal right of cancellation. A consumer means every natural person who enters into a legal transaction for a purpose that is outside his or her trade, business or profession. (§ 13 BGB).
>>>NOTICE OF CANCELLATION<<<
Right of Withdrawal
You are entitled to cancel this contact within fourteen days without stating reasons.
The withdrawal period is fourteen days, starting with the day you, or a third party specified by
you who is not the carrier, have or has taken possession of the goods.
To make use of your right of withdrawal, you must notify us
Telefon: 089 2000 128 20
Fax: 089 2000 128 21
of your decision to withdraw from this contract with a clear statement (e.g., a letter sent via mail, fax, or e-mail). For this, you may, but need not, use the model withdrawal form. The model withdrawal form can be found at: Withdrawal Form
To maintain the withdrawal period, it is sufficient to send the notice of withdrawal before the end of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we are bound to pay back any payments we received from you,
including delivery costs (excluding additional costs for any other kind of delivery you have chosen
over the affordable standard delivery offered by us), immediately and at the latest within fourteen
days from the day we received your withdrawal notice. For this refund, we use the same payment method
you used for the original transaction, unless something else has been expressly agreed upon with you;
under no circumstances will you be charged for this refund.
We can withhold payment until we have received the products again or until you have proven that you sent back the products, depending on which comes first.
In any case, you are required to send or give back the products to us within a maximum of fourteen days after the day you notified us of your withdrawal from this contract. This term is maintained if you send the products before the end of the term of fourteen days. You bear any immediate costs for sending back the products.
You are only charged for any eventual decline in the worth of the products if this decline can be linked to any treatment not necessary for the inspection of quality, properties, and working principle of the products.
>>> END OF NOTICE OF CANCELLATION <<<
Suspension and premature Termination of the Right of Withdrawal
There is no right of withdrawal for deliveries of audio or video recordings (e.g., CDs, audio or video tapes) or computer software if the sealed packaging has been opened after delivery. There is also no right of withdrawal for products which are not prefabricated and for whose production an individual choice or specification by the consumer is required, or which are specifically tailored to the consumer's personal needs. Furthermore, there is no right of withdrawal for contracts about the delivery of newspapers, journals, or magazines, excluding subscription contracts.
13. Notice of Cancellation for Orders of Digital Products
For products that are obtained via download, we initiate delivery before the beginning of the cancellation period. Therefore, the right of withdrawal terminates with regards to digital products upon purchase of usage rights for digital products in our Store. During the order process, the customer is asked to tick "Ich stimme ausdrücklich zu, dass Sie vor Ablauf der Widerrufsfrist mit der Ausführung des Vertrages beginnen. Mir ist bekannt, dass ich durch diese Zustimmung mit Beginn der Ausführung des Vertrages mein Widerrufsrecht verliere" / "I explicitly agree to the performance of the contract before the end of the cancellation period. I understand that this renders my cancellation rights void at the beginning of the performance of the contract". A valid order is only possible after this box has been ticked. By ticking it, the customer confirms his awareness of the publisher initiating delivery of the product before the beginning of the period of withdrawal and of the fact that this renders the right of withdrawal void.
14. Data Protection
(1) When you visit our website the IP address currently used by your PC, date and time, browser type
and operating system of your PC and the pages you visit will be logged. Relating this information
to your personal data is not intended and no data to make this connection is stored. We may save
and process any data relating to the Customer, to the extent necessary for the purpose of the
execution and implementation of the sales contract and as long as we are required to keep such
data in accordance with applicable law. As far as we make use of services of third party to
implement or execute on process in context of this agreement, the provisions of the German Data
Protection Act (“Bundesdatenschutzgesetz”) are complied with.
(2) We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check, subject, however, to the Customer’s consent in each individual case. We shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.
(4) We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 14 or in our data privacy agreement.
(5) If you want to contact us regarding these privacy policies, please send us an email at email@example.com
15. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal
Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG),
without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Munich, Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
(3) In the event of a dispute arising out of this contract the Parties undertake, before raising a suit, to seek mediation before a court of law or a court of arbitration in accordance with the mediation order of the IHK Munich.
Last update: December 15th, 2015