Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider via the website
nitamarkt.de. Unless otherwise agreed, the inclusion of any own data used by you will
conditions contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that
predominantly neither to their commercial nor to their independent professional activity. An entrepreneur is any
Natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, in the exercise of its
self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to
Conclusion of a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can
You can access the "shopping cart" and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you will
Finally, the order data is displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will
either to the order overview page in our online shop or to the website of the provider of the instant payment system
forwarded.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there.
Finally, on the website of the provider of the instant payment system or after you return to our online shop
The order data is displayed as an order overview.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also
using the "back" function of the Internet browser) or cancel the order.
By submitting the order via the "buy" button, you declare your legally binding acceptance of the offer, whereby the
contract is concluded.
(4) Your requests for a quote are non-binding. We will submit a binding offer to you in
text form (e.g. by e-mail), which you accept within 5 days (unless another period is specified in the respective offer)
can.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place
by email is partly automated. You must therefore ensure that the email address you have provided to us is correct,
the receipt of emails is technically guaranteed and in particular is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.
Payment is made to Klarna:
Sofortüberweisung: Available in Germany. Your account will be debited immediately after you place your order.
Further information and Klarna's terms of use can be found here . General information about Klarna can be found here . Your
Personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information
in Klarna's privacy policy .
You can find more information about Klarna here . You can find the Klarna app here .
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full
Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims in the amount of
of the invoice amount that you receive from the resale, we accept the assignment. You are also responsible for
We are authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right
However, we intend to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion to the invoice value
the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our
Collateral exceeds the claim to be secured by more than 10%. The selection of the collateral to be released is our responsibility.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and
Please check for transport damage and report any complaints to us and the carrier as soon as possible. If you do not do this,
This has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, not
but other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty at our discretion by repair or replacement. If the remedy of the defect fails,
you can choose to demand a reduction or to withdraw from the contract. The remedy of the defect is deemed to be
Attempt shall be deemed to have failed unless the nature of the item or the defect or other circumstances indicate otherwise.
In the event of repair, we do not have to bear the increased costs incurred by transporting the goods to a
other place than the place of performance, provided that the transfer 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:
- damages caused by our negligence resulting from injury to life, body or health and
other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual use and whose defectiveness
caused;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not affect the contractual relationship
the protection afforded by the State of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you
not a consumer, but a merchant, a legal entity under public law or a special fund under public law
The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual
Residence is not known at the time the action is brought. The power to also bring the case before a court in another legal jurisdiction
remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Nita Markt UG
Arnoldstr. 4
44147 Dortmund
Germany
Phone: +491722177776
E-Mail: info@nitamarkt.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Regulations "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system
The contract data can be printed out or saved electronically using the browser's print function. After receipt of the
When you place an order with us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions
Terms and Conditions will be sent to you again by email.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data within the framework of a binding
Offer sent in text form, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have committed ourselves to the buyer seal quality criteria of Händlerbund Management AG and, consequently, to the Ecommerce Europe
Subject to the Trustmark Code of Conduct, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegelzertifizierungskriterien.
pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all
Price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be paid via a correspondingly labelled button on
our website or in the respective offer, are shown separately during the ordering process and are
You will have to pay additional costs unless free shipping has been promised.
6.3. Any costs incurred in transferring money (transfer or exchange rate fees of the credit institutions) are to be borne by you in the cases
where the delivery takes place in an EU member state but the payment was made outside the European Union.
6.4. The payment methods available to you are listed under a correspondingly designated button on our
website or in the respective offer.
6.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately
due for payment.
7. Delivery conditions
7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a
correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the
sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur
or have commissioned another person to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who are specialized in IT law and are
permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in
In the case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice .
last update: December 15, 2023