Terms & Conditions

1. Introduction / Contract Subject / Scope and Changes

1.1. These General Terms and Conditions (abbreviated "GTCs") apply to all legal transactions between Nilnook.com (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer"; collectively "Parties" or individually "Party") in connection with the sale of various goods.

1.2. If the purchase contract between the Seller and the Customer contains more specific provisions, these shall take precedence over the GTCs. In case of contradictions, the agreements between the parties apply in the following order: 1. The (purchase) contracts in their respective order, which take precedence over all other provisions, 2. the provisions in the respective purchase contract, 3. the provisions in these GTCs, and 4. the annexes to the respective purchase contract. Further written individual agreements between the parties not included in an order are ranked equally with the order.

1.5. If these GTCs are not compatible with consumer law provisions or (other) mandatory regulations in the customer's country, these provisions shall prevail over the GTCs.

1.6. The following also applies to entrepreneurs: Should individual provisions of these GTCs be wholly or partially invalid, this shall not affect the validity of the remaining provisions and the contracts concluded under their purview. In contracts with entrepreneurs, the wholly or partially invalid provision is to be replaced by a regulation that comes as close as possible to the meaning and purpose of the invalid provision.

1.7 Please note that the price on the checkout page does not include import duties or taxes that may be levied by your local customs. Additionally, depending on the delivery address, some buyers may need to pay import fees.

1.8. Please note that import fees and customs duties may also apply to your shipment. However, you will never be charged twice—we will not ask you to pay duties if your desired product is shipped directly from China to you.

1.9 You are responsible for reading the full product list before purchasing a product. By confirming your purchase, you agree to pay all applicable fees, taxes, shipping costs, and other amounts related to your purchase (shipping or return). Furthermore, where applicable, you acknowledge that you bear responsibility for taxes and customs fees. You agree to act as the importer of the purchased products and hereby authorize us to appoint a forwarder to act as your direct representative and pay the taxes and customs fees on your behalf. Please note that taxes, duties, and similar levies charged at the time of purchase are estimated values and may change according to applicable law. If additional amounts are levied, you are responsible for them. We are not liable if the customs clearance of a product is delayed or denied because you have not paid these amounts. If a purchase is made under a shipping contract, the risk of loss and ownership of the product pass to you upon the product's handover to the forwarder.

1.10 Shipping costs incurred when registering a return are not borne by us and must be paid by the customer. All products are shipped to the customer free of charge, so we do not

2.Conclusion of the Agreement

2.1. Unless stated otherwise, the customer can order all products from our online shop via the website [www.nilnook.com].

2.2. All product offers listed there are non-binding and not offers in the legal sense. When the customer has made a selection, placed the selected products in the shopping cart, ticked the box "accept GTC," and sent the order by clicking the "Pay Now" button, a legally binding offer to conclude a purchase contract for the products ordered by the customer is present. Before sending the order, the customer can remove or add products from the shopping cart at any time.

2.3. After receiving the customer's order, the customer receives an automatically generated summary of the order. This is a non-binding acknowledgment of receipt that informs the customer that the order has been properly received and lists the products ordered. A legally binding purchase contract between the parties is only concluded with the order confirmation or a later delivery.

2.4. The contract is concluded through the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, the order data are finally displayed as an order overview.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be guided to the order overview page in our online shop or forwarded to the provider's website of the instant payment system. If forwarded to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data are displayed as an order overview on the provider's website of the instant payment system, or after you have been redirected back to our online shop.

Before sending the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview. By submitting the order via the corresponding button ("place an order with obligation to pay" or similar wording), you legally declare the acceptance of the offer, whereby the contract is concluded.

3. Payment Default

3.1. In the event of payment default attributable to the customer, the seller is entitled to charge default interest at the rate allowed (4% or the legally mandatory lower default interest rates for consumers; otherwise 10%).

3.2. In the event of utilizing legal collection assistance, the seller is entitled to charge the costs for enforcing the payment claim, to the extent necessary for appropriate legal action.

5.1. In principle, the liability of the seller, his agents, or vicarious agents to the customer for the breach of their obligations and for tortious acts is limited to gross negligence and intent. Except in the cases described below, the seller is only liable if he caused the damage intentionally or through gross negligence.

5.2. For slight negligence, the seller is only liable for the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer regularly relies and may rely. The seller is only liable for foreseeable damages that typically must be expected. This also applies to lost profits, the non-occurrence of a value increase, interest losses, income losses, and consequential damages.

5.3. The aforementioned limitations of liability do not apply to attributable damages to body, life, and health resulting from an intentional or negligent breach of duty by the seller, his representatives, or vicarious agents.

5.4. Liability according to the respective Product Liability Act remains unaffected by these restrictions.

§ 5 Warranty

(1) The legal rights for defects apply.

(2) As a consumer, you are asked to immediately check the item for completeness, obvious defects, and transport damage upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. Failure to do so has no effect on your legal warranty claims.

(3) As far as you are an entrepreneur, the following warranty regulations apply in deviation from the above:

a) Only our own information and the manufacturer's product description are agreed as the nature of the item, not other advertising, public endorsements, and statements of the manufacturer.

b) In case of defects, we provide a warranty by repair or replacement at our discretion. If the defect elimination fails, you can demand a reduction or withdraw from the contract according to your choice. The defect elimination is considered to have failed after an unsuccessful second attempt unless, in particular, the nature of the item or the defect or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

for damages attributable to us caused by the violation of life, body, or health and in the case of other damages caused intentionally or through gross negligence;
insofar as we have fraudulently concealed the defect or have assumed a guarantee for the nature of the item;
for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
for statutory recourse claims you have against us in connection with rights of defects.

6. Customer Account Information

6.1. The customer is obligated to provide true data (name, address, bank details) when ordering. If the customer provides false data and this causes damage to the seller, the seller will assert appropriate claims for damages or other claims against the customer and - if there are indications of a criminal offense - file a criminal complaint with the law enforcement authorities.

6.2. By submitting your order and registering in our online shop, you assure that all information provided, especially name, email address, and account information, is correct. The customer is obligated to notify the seller immediately of any changes.

7. Data Protection / Data Privacy in Telecommunications

The parties commit to complying with the relevant legal provisions (e.g., GDPR) when collecting, processing, and using personal data and to obligate the respective employees to comply with data secrecy and to provide proof of this to the other party upon request. The seller must take appropriate technical and organizational measures to ensure the protection of personal data.

8. Alternative Dispute Resolution

The seller does not participate in any alternative dispute resolution procedures with a consumer arbitration board and is not obliged to do so.

9. Customer Information

Ning bo shi cheng yi xin xi ke ji you xian gong si

Room 8 1 No 1 Qidi Science Park Ningbo, No 1277

Zhongguan West Road Zhuangshi

315200, Ningbo, China

info@nilnook.com

10. Payment Providers

10.1. Various payment options are available to the customer via different payment platforms (e.g., PayPal, Klarna, Stripe, Onerway, OceanPay). The availability of payment options may vary depending on the customer's address.

10.2. Payments are not processed directly through the seller. Various companies are used for this purpose. For certain payment options, third-party providers are also used, working with companies like Bella-Balu as payment partners.

10.4. After completing the payment process, the seller's website and the country through which the payment was processed will be visible on the invoice (e.g., HK for Hong Kong or UK for the United Kingdom and US for USA). The processing of the payment is subject to the law applicable to the jurisdiction of the payment provider.

Contact: info@nilnook.com

11. General Terms and Conditions / Commissioning / Affiliated Companies / Subcontractors

11.1. Side agreements, changes, and additions to these conditions require written form.

11.2. The customer is not entitled to assign claims against the seller arising from or due to the contractual relationships to third parties.

11.3. Should a provision of this contract be or become invalid, contain an impermissible period, or have a gap, this shall not affect the legal validity of the remaining provisions. An effective provision is deemed agreed upon that comes closest to the economic will of the parties. The same applies in the case of a gap. In the case of an impermissible period, the legally permissible measure applies.

11.4. The exact jurisdiction and applicable law are determined according to the relevant regulations at the EU level (in particular REGULATION (EU) No. 1215/2012 ("Brussels Ia Regulation"), REGULATION (EC) No. 593/2008 ("Rome I"), REGULATION (EC) No. 864/2007 ("Rome II").

11.5. The applicability of the UN Convention on Contracts for the International Sale of Goods ("CISG") is excluded.

11.6. For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).

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

Applicable Law
We are committed to protecting your personal information and the rights set out in this Policy reflect your rights under applicable laws.

Applicable laws for the purpose of this Policy means: (a) the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2013; (b) General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) until such time as it might cease to apply in the UK; and (c) to the extent applicable, any legislation ratifying or otherwise adopting the GDPR in the UK, and any applicable associated or supplementary data protection laws or regulations.

We recognize that as an international business, some of our customers are resident in jurisdictions other than England and Wales. In certain circumstances, local laws of these jurisdictions, may by way of their application, afford rights to a customer in respect of the personal data that they provide to us. We anticipate that the rights set out in this Policy also provide you with such protection in relation to your personal information. Please do e-mail our Data Protection Officer at info@nilnook.com to discuss any additional questions you may have.

12. Contract Language, Storage of Contract Text

12.1. The contract language is English.

12.2. The complete contract text is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After receiving the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions are sent again by email to you.

13. Legal Warranty Rights The warranty for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).