General Terms and Conditions
1.scope of application
2.contractual partner
3.conclusion of contract
4.right of withdrawal
5.prices and shipping costs
6.delivery
7.payment
8.retention of title
9.warranty for material defects
10.dispute resolution
General Terms and Conditions
1.
Scope of application
These General Terms and Conditions (GTC) apply to all deliveries by OFF DRINK (hereinafter referred to as OFF DRINK) to consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
2.contractual partner
The purchase contract is concluded with Nexana GmbH, owner: Mike Becker, Gewerbestrasse 10, 6330 Cham, Switzerland, commercial register: CH-170.4.021.440-6 Zug.
3.conclusion of contract
3.1.the presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
3.2.by clicking on the button [buy/order with costs] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
4.right of withdrawal
4.1.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 independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
4.2.if you as a consumer make use of your right of withdrawal according to section 4.1, you have to bear the regular costs of the return shipment.
4.3.otherwise, the provisions set out in detail in the following apply to the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right of withdrawal, you must inform us (Nexana GmbH, info@offdrink.com) of your decision to withdraw from this contract by an unequivocal statement sent by e-mail or post. You can use the attached sample withdrawal form, but this is not mandatory. You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website (www.offdrink.com). If you make use of this option, we will immediately send you an e-mail confirming receipt of such a withdrawal.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The goods must be returned to:
Switzerland:
Nexana GmbH
Gewerbestrasse 10
CH-6330 Cham
Austria & Germany:
Nexana GmbH - ID: 17177
c/o Beckmann Systemlogistik GmbH
Location: Cologne-Lövenich
Dieselstr. 2
D-50859 Cologne
Click here for the sample withdrawal form
- End of the withdrawal policy -
5.prices and shipping costs
5.1.the prices stated on the product pages include statutory VAT and other price components.
5.2 . we do not charge shipping costs or customs duties.
5.3. no additional costs are charged for payment methods.
6.delivery
6.1.delivery is only made within Germany, Austria or Switzerland.
6.2. The delivery time is up to 3 days. We indicate any deviating delivery times on the respective product page.
7.payment
7.1.payment can be made either in advance or by credit card.
7.2.if you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
8.retention of title
The goods remain our property until full payment has been made.
9. Warranty for material defects
Nexana GmbH shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff of the German Civil Code.
10. Streitbeilegung
10. Dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
