Terms of service

Only the German version of this text is legally binding. This automated English translation is for orientation purposes only.

General Terms and Conditions

Nyta UG (haftungsbeschränkt)
Sophienstr. 108-110
76135 Karlsruhe, Germany

E-mail: info@nyta.eu
Phone: +49 721 47044707

Table of contents

• § 1Scope of application
• § 2Conclusion of contract
• § 3Dispatch costs
• § 4Payment options
• § 5Prices and terms of payment
• § 6Liability for defects
• § 7Information for consumers for distance selling contracts and customer information for contracts in electronic commerce
• § 8Right of cancellation
• § 9Applicable law, place of jurisdiction
• § 10Alternative dispute resolution
• § 11Severability clause

The following General Terms and Conditions apply to business relations between us and the customer in the version valid at the time of the order.

§ 1 Scope of application

Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. Deviating terms and conditions of the buyer shall not become part of the contract unless their validity is expressly agreed to in writing. These terms and conditions shall also apply if we carry out the delivery without reservation in the knowledge that the buyer's terms and conditions conflict with or deviate from these terms and conditions.

A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

§ 2 Conclusion of contract

The presentation of our products on our website merely contains an invitation to the customer to submit a binding offer. The offer can be submitted via the order form integrated in our online shop.

The customer receives an automatic confirmation of receipt of the offer by e-mail, in which the order is listed again and which can be printed out using the "Print" function.

The contract with us is concluded when we accept the customer's offer in writing or in text form within five working days of the order being sent.

Orders can be placed by the customer either as a registered user who has created a user account before placing the order, or as a guest. The creation of a registered user account makes it possible to place future orders without having to re-enter the data for each new order. The processing of data, both when creating a registered user account and when placing orders as a guest user, is subject to our privacy policy and, where applicable, consent to data processing for certain specifically defined purposes.

The customer can select products from our range without obligation and place them in a virtual shopping basket using the "Add to basket" button. The product selection can be changed or deleted within the shopping basket. The customer can then complete the order process within the shopping basket by clicking on the "Check out" button. Before finalising the order, the customer can check the order in an order overview. Input errors can be corrected until the order process is finalised.

By using the Express Checkout (PayPal Express, Apple Pay, Google Pay) or via the "Pay with PayPal" or "Pay now" button, the customer submits a binding offer with regard to the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time and use the "Back" browser function to return to the shopping basket or cancel the order process altogether.

Payment is processed via one of the following payment service providers.

If the customer chooses a payment method offered by PayPal, we declare acceptance of the offer at the time when the customer completes the order process by clicking the "Pay with PayPal" button. Payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply. Without a PayPal account, the conditions for payments without a PayPal account apply.

If the customer chooses GooglePay, we declare acceptance of the offer at the time when the customer completes the order process at Express Checkout by clicking on the "GooglePay" button. Payment is processed by Google (Google Headquarters, Gordon House, Barrow Street, Dublin 4, Ireland). The Google terms of use apply.

If the customer chooses ApplePay, we declare acceptance of the offer at the time when the customer completes the order process at Express Checkout by clicking on the "ApplePay" button. Payment is processed via Apple (Apple, One Apple Park Way, Cupertino, CA 95014). The Apple terms of use apply.

If the customer chooses a payment option offered by Klarna, we declare acceptance of the offer at the time the customer completes the order process. Payment is processed by Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). Klarna's terms of use apply.

If the customer chooses Bancontact, we declare acceptance of the offer at the time the customer completes the order process. Payment is processed via Bancontact (Bancontact Payconiq Company NV/SA, 82, rue d'Arlon , 1040-Brussels, Belgium). The terms of use of Bancontact apply.

If the customer chooses eps bank transfer, we declare acceptance of the offer at the time the customer completes the order process. Payment is processed via eps-Überweisung (PSA Payment Services Austria GmbH, Handelskai 92, Gate 2, 1200 Vienna, Austria). The terms of use for eps-Überweisung apply.

If the customer chooses Ideal, we declare acceptance of the offer at the time the customer completes the order process. Payment is processed via Ideal (Currence iDEAL B.V., Omval 300, 1096 HP Amsterdam, The Netherlands). Ideal's terms of use apply.

We save the text of the contract and send the customer a link after the order has been sent, via which the customer can retrieve the text of the contract. If a user account was used by the customer when placing the order, the order data is stored on our website and can be accessed by the customer via the user account free of charge.

In the event of incorrect or improper self-delivery, we reserve the right to withdraw from the contract. In this case of non-availability or only partial availability of the goods, the customer will be informed and the consideration refunded.

If we make advance payment, we reserve title to the delivered goods until the purchase price owed has been paid in full.

§ 3 Shipping costs

Delivery shall be made at the shipping costs shown in each case. We shall bear the shipping costs. If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by us. The customer shall bear the direct costs of returning the goods. This also applies in the case of an effectively exercised right of cancellation.

There are no shipping costs for dispatch via the online shop within Germany, the EU (Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Iceland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary, Cyprus) and Switzerland.

No shipping via the online shop to countries outside the EU (excluding Switzerland).

If the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of despatch are transferred to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.

§ 4 Payment options

We offer the following payment options:

PayPal Express
Apple Pay
Google Pay
Credit card (Mastercard, Visa, Amex etc.)
PayPal
Klarna, instant bank transfer
Klarna, purchase on account (in Austria, Finland, Germany, Netherlands, Denmark, Norway and Sweden)
Bancontact (in Belgium)
eps bank transfer (in Austria)
Ideal (in the Netherlands)
Only the payment methods displayed to the customer during the order process are accepted. The invoice will be sent electronically in PDF format. Anything else shall only apply if we have expressly agreed otherwise with the customer.

§ 5 Prices and terms of payment

The sales prices in our online shop are total prices that include statutory VAT. If shipping costs are incurred, these are shown separately in the order process.

The prices stated at the time of ordering shall apply.

If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract.

If a payment method offered via the "PayPal" payment service is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal for which the payment service provider makes advance payments to the customer (e.g. purchase on account or payment by instalments), the customer assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. We remain responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, cancellation notices and returns or credit notes.

In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options - payment is made to Klarna in each case:
- Invoice / Pay later: Available in the following countries: Austria, Finland, Germany, Netherlands, Denmark, Norway and Sweden. The payment term is 30 days from dispatch of the goods. The complete invoice terms and conditions can be found here: klarna.com.
- Instalment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly instalments according to the terms specified in the checkout. Payment by instalments is due at the end of each month after Klarna has sent you a monthly invoice. Further information on instalment purchases, including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available, can be found here: klarna.com.
- Pay now / direct debit: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. The amount will be debited after the goods have been dispatched. You will be informed of the date by e-mail.
- Credit card (Visa/Mastercard): Available in Germany. The amount will be debited after the goods have been dispatched.
The use of the payment methods invoice, instalment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use.
Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.

If you select the "Bancontact" payment service, payment will be processed via Bancontact Payconiq Company NV/SA, 82, rue d'Arlon , 1040-Brussels, Belgium. The terms of use of Bancontact apply. Bancontact is only available in Belgium.

If the payment option "eps-Überweisung" is selected, payment will be processed via PSA Payment Services Austria GmbH, Handelskai 92, Gate 2, 1200 Vienna, Austria. The terms of use for eps-Überweisung apply. eps-Überweisung is only available in Austria.

If the payment service "Ideal" is selected, the payment is processed via Currence iDEAL B.V., Omval 300, 1096 HP Amsterdam, Netherlands. Ideal's terms of use apply. Ideal is only available in the Netherlands.

§ 6 Liability for defects

The provisions of statutory liability for defects apply.

The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

If the customer is an entrepreneur, we have the choice of the type of subsequent fulfilment and the statutory limitation periods for any existing statutory right of recourse remain unaffected.

If the delivered goods have a defect, the assertion of a right of retention is also excluded insofar as this is not in reasonable proportion to the significance of the defect or the effort required for subsequent fulfilment.

§ 7 Information for consumers in distance selling contracts and customer information for contracts in electronic commerce

Any input errors when placing the order can be recognised in the final confirmation before sending your contractual declaration and can be corrected at any time using the delete and change function before sending the order.

Please refer to the individual product descriptions on our website for the main characteristics of the goods we offer and the period of validity of limited offers.

The only language available for the conclusion of the contract is German.

Complaints and claims for liability for defects can be made at the address given above.

Information on payment, delivery or fulfilment is available at any time under the corresponding heading on our website.

§ 8 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 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 to cancel, you must inform us (Nyta UG haftungsbeschränkt, Sophienstr. 108-110, 76135 Karlsruhe, E-Mail: shop@nyta.eu, Phone: +49 721 47044707) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).

You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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; under no circumstances 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 no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You shall only be liable 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.

§ 9 Applicable law, place of jurisdiction

The law of the Federal Republic of Germany shall apply. The provisions on the international sale of goods (UN Convention on Contracts for the International Sale of Goods) shall not apply. If the customer is a consumer, the statutory provisions and rights applicable under the law of the state in which the consumer has his habitual residence for the protection of the consumer, which may not be deviated from by agreement, shall remain unaffected by this agreement

If the customer is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. However, we are also entitled to appeal to the court at the customer's place of business.

§ 10 Alternative dispute resolution

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 in which a consumer is involved.

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 11 Severability clause

Should individual provisions of the contract with the buyer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Status of the GTC March 2024