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General Terms and Conditions

Last Updated: May 8, 209
1. Scope of Validity

(1) The following General Terms and Conditions of Business are part of every contract concluded via this website www.NikanKitchen.com (the “Site”) between NikanKitchen - Inh. K.Ageno (hereinafter referred to as “Owner” or “Seller”) and the “Buyer”.
(2) The Seller renders their services solely on the basis of these General Terms and Conditions of Business. Deviating provisions on the part of the Buyer shall only apply with explicit written approval by the Seller.
(3) These General Terms and Conditions of Business apply to all of the Seller’s services offered on this website. By availing themselves of these services, the Buyer acknowledges these General Terms and Conditions of Business as binding.

2. Registration, Accounts, and Passwords

(1) Accessing certain services on the Site may require registration and the creation of an account. If you create an account on the Site, you agree to be responsible for maintaining the confidentiality of user emails, names, passwords, or other account identifiers which you choose, and for all activities that occur under such account identifiers.
(2) You agree to promptly notify the Seller of:
a) any loss of your user emails, names, passwords, or account identifiers, and
b) any unauthorized use of your emails, user names, passwords, or account identifiers. The Seller will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.

3. User Contributions Areas

(1) User Contributions Areas. Certain areas of the Site may include user reviews or site reviews, that may allow you and other users to submit product reviews, comments, or other information or content via the Site or otherwise (“User Contributions Areas”). Contributions do not reflect the views of the Seller. You are solely responsible for your use of Interactive Areas of the Site and for any Contributions that you post, both of which are done on your own responsibility.
(2) The Seller takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although the Seller has no obligation to monitor or screen Contributions posted in any User Contributions Area, the Seller may edit or remove any Contributions on the Site at any time and for any reason without notice.

4. Conclusion of contract

(1) The presentation of products by the Seller on this website does not constitute a binding offer by the Seller but solely an invitation to purchase.
(2) The contract, in the form of a purchase agreement, shall be formed by an offer of purchase by the Buyer and
a) the acceptance on contract by the Seller in the form of an order confirmation or
b) implied by the immediate dispatch of the goods requested by the Buyer to the delivery address provided by the Buyer.
(3) An order confirmation sent to the Buyer by email does not constitute acceptance of contract by the Seller.

5. Price and Terms of delivery/shipping costs

(1) All prices include the applicable VAT. These may differ from the prices charged at the same time in our markets. The decisive factor is the price stated when the order was placed. The VAT rates used to calculate the final prices depend on the country in which the goods are to be sent. Other VAT rates may apply if you choose a different shipping country than Germany.
(2) When delivering to countries outside of Europe, to non-EU countries or to EU exceptions, additional country-specific import duties, possibly customs clearance fees, customs clearance service fees, and possibly import sales taxes may apply. The amount of the fees depends on the country of delivery. You pay these fees at your local customs office. You are responsible for these fees.
(3) The shipping costs for deliveries to a delivery address within Germany or to a (n) DHL Packstation / DPD parcel shop 4.90 € per package for DPD Standard, +1 € surcharge for DHL Standard and +3 € surchage for UPS Express. The shipping costs for deliveries to a delivery address only within the German mainland. The German islands will be surchanged and will be contacted by us after you place your order. All orders within Germany are shipped via DPD or DHL. Shipping details and tracking information will be delivered by email once your order is shipped. For delivery to foreign countries you pay € 14.90 per package. To ensure that every frozen product arrives safely and optimally chilled, all frozen products are carefully packed by hand in a high-quality, reusable Styrofoam box. Due to the extra chilled packaging and shipping we ship frozen and fresh items with a flat-rate surcharge of 5.00 €, regardless of the order value and the number of fresh items, in an insulated shipping container with sufficient cooling.
(4) A package includes 30 kg of product weight or 136 l capacity. If one of these limits is exceeded when placing an order, a new package will be started and a further 4,90 EUR will be due for payment.
(5) In case of a cancellation of the order, we will refund a full payment including shipping costs.
(6) When returning the package, the buyer bears the direct costs of returning the goods.
(7) The delivery takes place immediately after receipt of payment (item 5 of these General Terms and Conditions) to the delivery address specified by the buyer, unless otherwise agreed in writing.
(8) If the seller incurs additional shipping costs because of a wrong delivery address or wrong addressees, the buyer has to reimburse these costs, unless they are not responsible for the wrong information.
(9) The delivery period ends on the last day of the specified delivery period. Does that fall last day on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day will take the place of such day. In case of delivery delays we will inform you immediately.
(10) Only deliverable products can be selected. Should it turn out after sending your offer that no copy of the ordered product is available, we will inform you when confirming the shipment. If you have not ordered any other products, your order will be canceled. If you have ordered several products together, we will send you the deliverable products. Any payments already made by you regarding the non-deliverable product will be refunded immediately.
(11) Frozen / chilled products are express delivery of recommended items. NikanKitchen strongly recommends the express shipping option for all refrigerated / frozen goods to ensure the best product quality. If the customer does not choose this express shipping option and the goods thaw or spoil during transport, NikanKitchen is not responsible for quality problems during transport.

6. Payment

(1) The prices stated on the Seller’s website on the date of the order shall apply. The price stated apply solely for orders made via the website. In particular, they do not apply for offerings in the Seller’s regional business premises.
(2) The purchase price plus shipping costs shall become payable without deductions upon conclusion of the contract. The purchase price and shipping costs shall be paid at the Buyer’s discretion by way one of the payment methods indicated during the order process. In the event of payment by PayPal or credit card via PayPal, PayPal shall be requested to collect the invoice amount as soon as the Buyer has completed the order.
(3) All prices are retail prices, including the statutory VAT.
(4) Payment methods: You can currently pay, as you choose, by bank transfer, PayPal or credit card via PayPal.

7. Retention of title

Until the full payment of the purchase price, the seller reserves the title to the delivered goods.

8. Redemption of promotional coupons

(1) Promotional coupons (coupons that you cannot purchase but that we issue within the scope of advertising campaigns with a fixed period of validity) are only valid within the period of time stated and may only be redeemed once during an order process. Individual brands cannot be excluded from the voucher campaign.
(2) The value of the goods must be at least equivalent to the amount of the promotional coupon. For administrative reasons, it is not possible to reimburse any residual balance on the voucher.
(3) Promotional coupons can only be redeemed prior to completion of the order process. It is not possible to apply them afterwards. The credit on a promotional voucher is neither payable in cash nor interest-bearing.
(4) The promotional voucher cannot be transferred to third parties. Multiple promotional voucher cannot be combined with one another and with NikanKitchen Reward Points.
(5) If the credit on a promotional coupon is not adequate for the order, the difference can be paid via the payment methods available.
(6) The promotional coupon will not be reimbursed if goods are returned in part or in full, provided that the promotional coupon was issued within the scope of an advertising campaign and no consideration has been paid for it.

9. Redemption of Reward Points

(1) The Seller offers the Buyer reward points within the scope of reward program. is automatically put into the shopping basket when a minimum purchase value is reached.
(2) The customer may only be redeemed once during an order process and the redeemed points equivalent to the amount a maximum of one identical gift per order.
(3) The maximum redeemable points are automatically calcualted are presented during an oder process. For administrative reasons, there is a minimum purchase value excluding shipping costs (5€) to redeem reward points. If the value of the order is less than the relevant minimum purchase value, the reward points can not be redeemed.
(4) If the promotions cannot be combined with promotional coupons.

10. Data protection

The Seller’s privacy policy shall apply in respect of data protection.

11. Voluntary right of return

In addition to your legal right to cancellation, the Seller provides a voluntary right of return of a total of 14 days after receipt of goods for all purchases made through use of NikanKitchen.com, as long as you are a consumer under the terms of Art. 13 of the German Civil Code (BGB). With this right of return, you can also withdraw from the contract after the expiry of the cancellation period (see Consumer Information) by returning the goods within 14 days of receipt (beginning the day after you receive the goods) to the Seller, specifically to the address given at the end of this Section (1). Sending the goods on time is enough to comply with the deadline. Conditions for exercising this voluntary right of return are, however, that you return the goods complete, in their original condition, intact and in their original packaging.


If you withdraw from this Agreement, we shall reimburse you for any payments we have received from you, including delivery charges (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery we offer), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the cost of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.


Please send the items to:
AGENO & COMPANY - Ihn. K.Ageno
Anna-Maria-Müller-Str. 19
13053 Berlin
Germany


(2) If you exercise your voluntary right of return, repayment will be made into the account that you used to make the payment. We will contact you, if this is no longer possible.

(3) The customer’s legal right to cancellation as well as the legal warranty claims remain unaffected by this right of return. Until the period for the statutory right of return expires, only the legal provisions specified there shall apply. In addition, the contractual (voluntary) right of return does not restrict your legal warranty rights, which remain unaffected.

12. Consumer arbitration board

AGENO & COMPANY - Ihn. K.Ageno shall not participate in a dispute resolution before a consumer arbitration board.

13. Applicable law/final provisions

(1) German law shall apply, to the exclusion of the UN Sales Convention. Mandatory provisions of the state in which the consumer has their normal place of residence shall remain unaffected.
(2) If the Buyer is a merchant, or does not have a general place of jurisdiction within the country, or relocates abroad following conclusion of the contract, or if their place of residence on the date on which proceedings are commenced is unknown, the place of performance and place of jurisdiction for disputes arising from this contract shall be the Seller’s registered office.

14. Copyright and intellectual property

(1) User Contributions Ar. Certain areas of the Site may include user reviews or site reviews (“Interactive Areas”), that may allow you and other users to submit photos, images, product reviews, comments, or other information or content via the Site or otherwise (“Contributions”). Contributions do not reflect the views of the Seller. You are solely responsible for your use of Interactive Areas of the Site and for any Contributions that you post, both of which are done at your own risk.
(2) The Seller takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although the Seller has no obligation to monitor or screen Contributions posted in any Interactive Area, the Seller may edit or remove any Contributions on the Site at any time and for any reason without notice.

15. Limitation of liability/exemption from liability

(1) NikanKitchen.com is provided by AGENO & COMANY - Inh. K.Ageno without any warranties or guarantees. The buyers must bear the risks associated with the use of the Internet. The Seller provides the products' contents from other Internet sites, resources, or the manufacturers of the goods. While the Seller tries to ensure that contents, or material is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The Seller will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with NikanKitchen.com. If the Seller is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
The statutory warranty rights shall apply in principle, unless otherwise stipulated in Section 5 or Section 9 Para. 4 to 4 of these General Terms and Conditions of Business.
(2) The Seller shall only be liable for damages other than those arising from injury to life, limb, and health if these are caused by intentional or grossly negligent actions or a culpable breach of a fundamental obligation by the Seller, their employees, or their agents. This shall also apply for damages arising from the breach of obligations during contract negotiations and the performance of unlawful acts. Liability for damages in excess of this is precluded.
(3) Except for in the event of intentional or grossly negligent conduct, the violation of a material obligation, or injury to life, limb, or health by the Seller, their employees, or their agents, liability shall be limited to the typical damage foreseeable upon conclusion of the contract and, in respect of amount, to the average damage typical of the contract. This shall also apply for indirect damage such as lost profit.
(4) Section 9 of these General Terms and Conditions of Business remains unaffected, as do the provisions of the German Product Liability Act (Produkthaftungsgesetz).