Terms of service
CONTRACTUAL PARTNER & APPLICABLE LAW
The contractual partner for all orders placed through our online shop is:
NICASCONCEPT UG (haftungsbeschränkt)
Tucholskystraße 15
10117 Berlin
Germany
These Terms and Conditions apply to all orders placed through our online shop.
German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law shall not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
Any conflicting or deviating terms and conditions of the customer shall not apply unless expressly agreed to by NICASCONCEPT in writing.
CONCLUSION OF CONTRACT
The presentation of products in our online shop does not constitute a legally binding offer, but an invitation to place an order.
By submitting an order, the customer makes a binding offer to purchase the products contained in the order.
After placing an order, the customer will receive an automated email confirming that we have received the order (“Order Confirmation”). This Order Confirmation does not yet constitute acceptance of the customer's offer.
A purchase contract is concluded when NICASCONCEPT accepts the order by sending a shipping confirmation or dispatching the ordered products.
If an order contains several products, a contract may be concluded only in relation to the products included in the respective shipping confirmation.
RETURN COST AGREEMENT & RIGHT OF WITHDRAWAL
If you are a consumer, you generally have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement within the applicable withdrawal period.
The statutory right of withdrawal may not apply to certain products, including goods made to the consumer's specifications or clearly personalised, where the statutory requirements for such an exclusion are met.
Mandatory statutory provisions regarding the right of withdrawal remain unaffected.
CONSEQUENCES OF WITHDRAWAL
If you validly withdraw from this contract, we will reimburse payments received from you in accordance with applicable statutory requirements.
Unless otherwise agreed, reimbursement will be made using the same payment method used for the original transaction.
We may withhold reimbursement until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever occurs first, where permitted by law.
You must return the goods without undue delay and no later than fourteen days after informing us of your withdrawal.
You bear the direct costs of returning the goods unless otherwise expressly agreed by NICASCONCEPT or required by applicable law.
You may be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
DELIVERY
Orders are generally processed Monday through Friday, excluding public holidays.
Unless otherwise stated on the respective product page, most available products are dispatched within approximately 2–3 business days after purchase.
For made-to-order, pre-order or individually produced products, different processing and delivery times may apply. Any estimated production or delivery times will be stated on the relevant product page where applicable.
Orders are generally not processed or delivered on weekends or public holidays.
Once an order has been shipped, the customer will normally receive a shipping confirmation containing tracking information where tracking is available.
All information regarding availability, processing, shipping and delivery times is approximate unless expressly stated to be binding. Such information does not constitute a guaranteed shipping or delivery date.
If NICASCONCEPT discovers during the processing of an order that an ordered product is unavailable, the customer will be informed as soon as reasonably possible.
If NICASCONCEPT is unable to deliver an ordered product through no fault of its own because a supplier has failed to fulfil its contractual obligations, NICASCONCEPT may withdraw from the contract to the extent permitted by law. In such a case, the customer will be informed without undue delay and any payments already made for the unavailable product will be refunded.
The customer's statutory rights remain unaffected.
The customer is responsible for providing a complete and accurate delivery address.
If delivery cannot be completed because the customer has provided an incorrect or incomplete address, has failed to collect the parcel, has refused delivery, or cannot be reached at the specified delivery address, the customer may be responsible for reasonable additional shipping and return costs incurred as a result, to the extent permitted by law.
CUSTOMS, IMPORT DUTIES & INTERNATIONAL ORDERS
For deliveries outside the European Union, additional customs duties, import taxes, import VAT, brokerage fees, customs clearance fees, handling fees or other charges imposed by customs authorities, governments, shipping carriers or other third parties may apply.
These charges are not included in the product price or shipping costs charged by NICASCONCEPT, unless expressly stated otherwise.
The customer is responsible for paying all customs duties, import duties, import taxes, import VAT, brokerage fees, handling fees and any other charges associated with importing the order into the destination country.
NICASCONCEPT is not responsible for customs duties, import taxes, import VAT, brokerage fees, handling fees or other import-related charges and will not reimburse these charges.
NICASCONCEPT has no control over such charges and cannot predict their amount. Customers are responsible for informing themselves about applicable import regulations, duties and taxes in their destination country before placing an order.
Where applicable, the customer is considered the importer of the goods and is responsible for complying with all applicable laws and regulations of the destination country.
Customs authorities may require additional information or documentation from the recipient before releasing a shipment. Any delays caused by customs authorities or customs clearance procedures are outside NICASCONCEPT's control.
If a customer refuses or fails to pay applicable customs duties, import taxes or other charges and the parcel is consequently refused, unclaimed or returned to NICASCONCEPT, the customer may be responsible for reasonable shipping, return shipping, customs and other costs actually incurred as a result, to the extent permitted by applicable law.
Such reasonable costs may be deducted from any amount refundable to the customer where legally permitted.
Refusing to accept a parcel or refusing to pay customs or import charges does not replace the customer's obligation to properly exercise any statutory right of withdrawal.
DUE DATE & PAYMENT, DEFAULT
The customer may pay the purchase price using the payment methods offered during checkout.
Payment must be made in the currency displayed during the checkout process.
Unless otherwise agreed, payment is due immediately upon conclusion of the contract.
If payment is not completed or is subsequently cancelled or reversed, NICASCONCEPT may withhold shipment until full payment has been received, subject to applicable law.
PRICE
All prices displayed in our online shop include applicable VAT where required.
Shipping and delivery costs, if applicable, are displayed separately during checkout.
For international orders, customs duties, import taxes, import VAT and other import-related charges are not included unless expressly stated otherwise.
RESERVATION OF TITLE
The delivered goods remain the property of NICASCONCEPT until the purchase price has been paid in full.
LIABILITY FOR DEFECTS
If a purchased product is defective, the customer's statutory warranty rights apply.
Customers are requested to contact NICASCONCEPT as soon as reasonably possible after discovering a defect and provide sufficient information and, where appropriate, photographs enabling us to assess the issue.
If supplementary performance is carried out by means of a replacement delivery, the customer may be required to return the originally delivered product in accordance with applicable statutory provisions.
The return of defective goods shall take place in accordance with applicable law.
Nothing in these Terms and Conditions limits or excludes mandatory statutory consumer warranty rights.
NICASCONCEPT shall be liable without limitation in cases of intent and gross negligence and where liability cannot legally be excluded or limited.
NICASCONCEPT shall also remain liable for injury to life, body or health and under applicable mandatory product liability laws.
In cases of slightly negligent breach of essential contractual obligations, NICASCONCEPT's liability shall be limited, to the extent permitted by law, to foreseeable damage typical for the type of contract concerned.
Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the customer may regularly rely.
NICASCONCEPT shall not be liable for the slightly negligent breach of obligations other than essential contractual obligations to the extent permitted by applicable law.
The above limitations of liability do not apply in cases of injury to life, body or health, fraudulent concealment of a defect, an expressly assumed guarantee, or where liability is mandatory under applicable product liability legislation.
To the extent that NICASCONCEPT's liability is excluded or limited, such exclusion or limitation shall also apply to its employees, representatives and agents.
PRODUCT CHARACTERISTICS & UPCYCLED MATERIALS
NICASCONCEPT works with carefully selected materials, including leftover, deadstock, discontinued and upcycled fabrics.
Due to the nature of these materials and our production process, individual products may show slight variations in colour, texture, structure, pattern placement or other characteristics.
In particular, the placement of patterns or prints may vary from the product shown in photographs on our website. These variations make each product unique and do not necessarily constitute a defect.
Minor irregularities resulting from the original fabric, the upcycling process or the handcrafted nature of a product may also be characteristic of the individual item and do not necessarily constitute a defect.
Colours displayed online may vary slightly from the actual product depending on the customer's screen, device and display settings.
Nothing in this section limits the customer's statutory rights where a product is actually defective or does not conform to the agreed characteristics.
FORCE MAJEURE
NICASCONCEPT shall not be responsible for delays or failure to perform contractual obligations where such delay or failure results from circumstances beyond our reasonable control.
Such circumstances may include, without limitation, natural disasters, extreme weather conditions, war, terrorism, strikes, governmental measures, epidemics or pandemics, interruptions to transportation networks, customs delays, supply chain disruptions or failures of third-party service providers.
Where such circumstances result in a delay, NICASCONCEPT will fulfil its obligations as soon as reasonably possible.
The customer's mandatory statutory rights remain unaffected.
FINAL PROVISIONS
Business transactions and deliveries are carried out exclusively in accordance with these Terms and Conditions in the version applicable at the time the order is placed.
Any conflicting or deviating terms and conditions of the customer shall not apply unless expressly agreed to by NICASCONCEPT.
Mandatory statutory consumer rights remain unaffected by these Terms and Conditions.
If any individual provision of these Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected to the extent permitted by applicable law.