Terms of service

Terms and Conditions

 

This website is owned by National Engraver Ltd

Registered office: 160 City Road, London, Greater London, EC1V 2NX

If you have any questions or comments about our products, services or website, please email info@nationalengraver.com.


Table of contents
 

Scope

Conclusion of contract

Right of withdrawal

Prices and terms of payment

Delivery and shipping conditions

Retention of title

Liability for defects (warranty)

Special conditions for the processing of goods according to certain specifications of the customer

Redemption of promotional vouchers

Applicable law

Place of jurisdiction

Alternative dispute resolution


1) Scope of Application
 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of National Engraver UG (haftungsbeschränkt) (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.


1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
 

2) Conclusion of contract
 

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer.
 

2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.
 

2.3 The Seller may accept the Customer's offer within five days,
 

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or

by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

by requesting payment from the customer after the customer has placed the order.
 

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent.
 

2.4 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
 

2.5 When an offer is made via the Seller's online order form, the text of the contract will be stored by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these GTC. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.


2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
 

2.7 Only the German language is available for the conclusion of the contract.
 

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.


3) Right of withdrawal
 

3.1 Consumers are generally entitled to a right of revocation.
 

3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
 

3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
 

4) Prices and terms of payment
 

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.


4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
 

4.3 The payment option(s) will be communicated to the customer in the Seller's online shop.

 

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made using a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.


4.6 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", must legitimise himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.


4.7 If the payment method purchase on account via Billpay is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (www.billpay.de) within 20 (twenty) days of receipt of the invoice without deduction. The payment method purchase on account requires a successful credit check by Billpay GmbH. If the customer is permitted to use the payment method purchase on account after the creditworthiness has been checked, the payment shall be processed in cooperation with Billpay GmbH, to which the seller shall assign his payment claim. In this case, the customer can only make payment to Billpay GmbH with debt-discharging effect. Even if the payment method purchase on account via Billpay is selected, the seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes. In addition, the General Terms and Conditions of Billpay (available at: https://www.billpay.de/datenschutz-de/?q=/allgemein/datenschutz/), which the customer can call up and must confirm as part of the ordering process, shall apply in this respect. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
 

4.8 When purchasing by direct debit, the payment amount is immediately due for payment by direct debit by our external partner Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (hereinafter "Billpay") from the current account specified in the ordering process at the credit institution specified there (the current account). You hereby grant Billpay a SEPA direct debit mandate to collect payments due and instruct your financial institution to honour the direct debits. The creditor identification number of Billpay is DE19ZZ00000237180. The mandate reference number will be sent to you by email at a later date together with a template for a written mandate. You will also sign this written mandate and send it to Billpay. Note: Within eight weeks, starting with the debit date, you can request a refund of the debited amount. The conditions agreed with your financial institution apply. Please note that the debt due remains even in the event of a return debit note. You can find further information at https://www.billpay.de/sepa.

The advance information on the collection of the SEPA direct debit will be sent to you by email at least one day before the due date to the email address you provided during the ordering process. If the current account does not have the required cover, the account-holding bank is not obliged to honour the direct debit. Partial redemptions will not be made in the direct debit procedure. The payment method purchase by direct debit is not available for all offers and requires, among other things, a successful credit check by Billpay and a current account maintained in Germany. If the customer is permitted to purchase by direct debit for certain offers after the creditworthiness has been checked, the payment shall be processed in cooperation with Billpay, to which the seller shall assign his payment claim. The seller shall remain responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, revocation declarations and deliveries or credit notes even if the purchase is made by direct debit via Billpay. The General Terms and Conditions of Billpay apply, which can be accessed via the following link:

https://www.billpay.de/allgemein/datenschutz/


By specifying the current account, you confirm that you are entitled to direct debit via the relevant current account and will ensure the necessary cover. Return debit notes are associated with a high effort and costs for the seller and Billpay. In the event of a return debit note (due to lack of required coverage of the current account, due to expiry of the current account or unauthorised objection by the account holder), you authorise Billpay to submit the debit note for the respective due payment obligation a second time. In such a case, you are obliged to pay the costs incurred by the return debit note. We reserve the right to make further claims. You will be given the opportunity to prove that lower costs or no costs at all were incurred as a result of the return debit note. In view of the effort and costs involved in return direct debits and in order to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, the payment will be reversed by transferring back the corresponding amount or by credit note after consultation with the seller.
 

5) Delivery and shipping conditions
 

5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.
 

5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in this respect in the seller's revocation instructions shall apply to the return costs.
 

5.3 Self-collection is not possible for logistical reasons.
 

6) Retention of title
 

If the Seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.
 

7) Liability for defects (warranty)
 

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.


8) Special conditions for the processing of goods according to certain specifications of the customer


8.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obliged to process the goods according to certain specifications of the Customer, the Customer shall provide the Operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and shall grant the Operator the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.

8.2 The Customer shall indemnify the Seller against any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.


8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.


9) Redemption of promotional vouchers


9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.


9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
 

9.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
 

9.4 Only one promotional voucher can be redeemed per order.


9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
 

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
 

9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
 

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.


9.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
 

10) Applicable law
 

10.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
 

10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
 

11) Place of jurisdiction
 

If the customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.


12) Alternative dispute resolution
 

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
 

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.


12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.