Terms of service

General terms and conditions of business

Provider: ​

NT Trading GmbH

Kamminer Str. 35

10589 Berlin

Email: contact@goodgirl-badhabits.com ​

- hereinafter referred to as “NT Trading GmbH” -

§ 1 General/Applicability

(1) All deliveries, services and offers from NT Trading GmbH are made exclusively on the basis of these General Terms and Conditions of Delivery. These are part of all contracts that NT Trading GmbH concludes with its contractual partners (hereinafter also referred to as “customer”) regarding the deliveries or services it offers. If the customer is an entrepreneur within the meaning of paragraph 3 sentence 2, they also apply to all future deliveries, services or offers to the customer, even if they are not agreed separately again.

(2) Terms and conditions of the customer or third parties do not apply, even if NT Trading GmbH does not specifically object to their validity in individual cases. Even if NT Trading GmbH refers to a letter that contains or refers to the customer's or a third party's terms and conditions, this does not constitute agreement with the validity of those terms and conditions. ​

(3) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be assigned to their commercial or self-employed activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§ 2 Regulations and information on the conclusion of the contract

(1) General

All offers from NT Trading GmbH merely represent a non-binding invitation for the customer to submit offers.

(2) Technical steps that lead to the conclusion of the contract and the conclusion of the purchase contract

a) Order via the online shop To order one or more items via the online shop, the items must first be marked for order by clicking on the “shopping cart” link or button. In the “shopping cart” (which can be accessed at any time via a link in the shop) the customer is then guided through the ordering process by explaining each step and requesting the necessary information. The ordering process is completed when the customer finally clicks on “order with payment”.

This is the customer's offer to conclude the contract, which NT Trading GmbH can accept within two working days. Acceptance of the offer by NT Trading GmbH takes place - after sending an order confirmation - through a separate order confirmation or delivery of the goods. The purchase contract is concluded upon acceptance by NT Trading GmbH. Deviating from the above, the contract is concluded before the order confirmation is sent if either the order confirmation contains a payment request or if the payment process is initiated and completed during or immediately after completion of the ordering process.

b) Order by telephone, email, fax or letter If expressly offered in the online shop, the contract is concluded when the customer orders by telephone, email, fax or letter as follows: The customer declares orally or in writing his binding intention to purchase the precisely named items on offer in the online shop. This is the customer's offer to conclude the contract, which NT Trading GmbH can accept within five days of receipt. Acceptance of the offer by NT Trading GmbH takes place by sending the delivery confirmation or delivery of the goods. That seals the buying contract.

(3) Storage and access to the contract text NT Trading GmbH saves the contract text and sends the customer the order data and the contract conditions by email. NT Trading GmbH thus gives the customer the opportunity to retrieve the contractual provisions when the contract is concluded and to save them in a reproducible form. Access to the contract texts stored by NT Trading GmbH is - with the exception of the freely accessible General Terms and Conditions - only possible for registered customers via the customer account.

(4) Detecting and correcting input errors In order to identify and prevent input errors during the ordering process, the customer is shown an overview page for checking before the effective order is placed, with the help of which he can check all the details of the order and the data entered in the input fields themselves or by using the "Back" button of the Internet browser can correct.

(5) Available languages The contract language is German.

§ 3 Prices and payment conditions

(1) The prices displayed at the time of the order apply. Packaging and shipping costs, if any, will be charged additionally and reported to the customer in a timely manner. In the case of an order from abroad, it cannot be ruled out that your bank or country will charge NT Trading GmbH unknown costs or taxes, such as (import) duties or processing fees for the payment. These are not costs that are paid or invoiced via NT Trading GmbH.

(2) NT Trading GmbH accepts all payment methods stated on the website. NT Trading GmbH issues the customer an invoice for the ordered goods, which will be sent to the customer in text form at the latest when the goods are delivered. The total purchase price of the ordered goods is payable depending on the payment method chosen.

(3) Checks are only considered payment after they have been cashed.

(4) NT Trading GmbH is entitled to provide deliveries or services to entrepreneurs only against advance payment or security.

§ 4 Packaging and shipping costs, transfer of risk Packaging and shipping costs, if any, will be communicated to the purchaser in good time before the ordering process is initiated.

 

Regulations for entrepreneurs

(1) The risk is transferred to the customer at the latest when the delivery item is handed over (the start of the loading process being decisive) to the freight forwarder, freight carrier or other third party designated to carry out the shipment. This also applies if partial deliveries are made or NT Trading GmbH has provided other services (e.g. shipping or installation). If shipping or handover is delayed due to a circumstance caused by the customer, the risk passes to the customer from the day on which NT Trading GmbH is ready for shipping and has notified the customer of this.

(2) The shipping method and packaging are subject to the dutiful discretion of NT Trading GmbH.

(3) The customer bears the storage costs after the transfer of risk. When stored by NT Trading GmbH, the storage costs amount to 0.25% of the invoice amount of the delivery items to be stored per completed week. We reserve the right to assert and provide evidence of additional or lower storage costs.

(4) The shipment will only be insured by NT Trading GmbH against theft, breakage, transport, fire and water damage or other insurable risks at the customer's express request and at his own expense.

§ 5 Delivery and delivery times Regulations towards consumers

(1) Goods are delivered to the customer by third-party providers (delivery services). When shipping by a forwarding company, the place of fulfillment is agreed upon as "delivery free to the curb", i.e. delivery takes place to your front door, at ground level, without a step.

(2) The delivery times can be found either in the product description or in the shipping information available separately in the shop.

(3) Partial deliveries are possible if the customer

a) this possibility and the resulting consequences for the right of withdrawal were pointed out in our cancellation policy and

b) it is not apparent that he has no interest in them or that they are clearly unreasonable for him. Reasonableness is given when: – the partial delivery can be used by the client within the scope of the contractual intended purpose, – the delivery of the remaining ordered goods is ensured and – This does not result in any significant additional work or additional costs for the customer costs arise or the seller agrees to cover these costs. ​

(4) The costs for transport and packaging, if charged, will only be charged once for partial deliveries.

 

Regulations for entrepreneurs

(1) Deliveries take place from 10589 Berlin.

(2) Deadlines and dates for deliveries and services announced by NT Trading GmbH are always only approximate, unless a fixed deadline or date has been expressly promised or agreed. If shipping has been agreed, delivery times and delivery dates refer to the time of handover to the freight forwarder, freight carrier or other third party commissioned with the transport.

(3) NT Trading GmbH can - without prejudice to its rights arising from the customer's default - demand from the client an extension of delivery and service deadlines or a postponement of delivery and service dates by the period in which the customer fulfills its contractual obligations to NT Trading GmbH does not comply with.

(4) NT Trading GmbH is not liable for the impossibility of delivery or for delays in delivery if these are due to force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes , lawful lockouts, lack of workers, energy or raw materials, difficulties in obtaining the necessary official approvals, official measures or the lack of, incorrect or late delivery by suppliers) for which NT Trading GmbH is not responsible. If such events make delivery or service significantly more difficult or impossible for NT Trading GmbH and the hindrance is not only temporary, NT Trading GmbH is entitled to withdraw from the contract. In the event of temporary obstacles, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by immediately notifying NT Trading GmbH in writing.

§ 6 Place of performance and acceptance if the customer is an entrepreneur

(1) The place of performance for all obligations arising from the contractual relationship is 10589 Berlin unless otherwise specified. If NT Trading GmbH also owes the installation, the place of performance is the place where the installation must take place.

(2) If an acceptance has to take place, the purchased item is deemed to have been accepted if

a) the delivery and, if NT Trading GmbH also owes the installation, the installation is completed,

b) NT Trading GmbH informed the customer of this with reference to the fictional acceptance according to this regulation and asked him to accept it,

c) twelve working days have passed since delivery or installation or the customer has started using the purchased item (e.g. put the delivered system into operation) and in this case six working days have passed since delivery or installation, and

d) the customer has failed to accept the goods within this period for a reason other than a defect reported to NT Trading GmbH that makes the use of the purchased item impossible or significantly impairs it.

§ 7 Warranty

Warranty regulations for consumers

(1) There is a statutory right to liability for defects, in this respect the statutory deadlines apply.

(2) If a guarantee is stated in the offer, the statutory liability for defects remains unaffected.

Warranty regulations for entrepreneurs

(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance.

(2) The delivered items must be carefully examined immediately after delivery to the customer or to a third party designated by the customer. They are deemed to have been approved if NT Trading GmbH does not submit a notice of defects regarding obvious defects or other defects that were recognizable during an immediate, careful inspection within seven working days after delivery of the delivery item, or otherwise within seven working days after the discovery of the defect or the The time at which the defect was apparent to the customer during normal use of the delivery item without further inspection was received in writing. At the request of NT Trading GmbH, the delivery item in question must be returned to NT Trading GmbH freight prepaid. If the complaint is justified, NT Trading GmbH will reimburse the costs of the cheapest shipping route; This does not apply if the costs increase because the delivery item is located at a location other than the place of intended use.

(3) In the event of material defects in the items delivered, NT Trading GmbH is initially obliged and entitled to repair or replace the item, at its discretion within a reasonable period of time. In case of failure, i.e. H. the impossibility, unreasonableness, refusal or unreasonable delay of repair or replacement delivery, the customer can withdraw from the contract or reduce the purchase price appropriately.

(4) In the event of defects in components from other manufacturers that NT Trading GmbH cannot eliminate for licensing or factual reasons, NT Trading GmbH will, at its discretion, assert warranty claims against the manufacturers and suppliers for the customer's account or assign them to the customer . In the event of such defects, warranty claims against NT Trading GmbH only exist under the other conditions and in accordance with these General Terms and Conditions of Delivery if the legal enforcement of the above-mentioned claims against the manufacturer and supplier was unsuccessful or is hopeless, for example due to insolvency. For the duration of the legal dispute, the statute of limitations of the customer's relevant warranty claims against NT Trading GmbH is suspended.

(5) Any delivery of used items agreed with the customer in individual cases is carried out to the exclusion of any warranty.

(6) Claims for damages due to negligence on the part of NT Trading GmbH are not restricted by the above warranty provisions.

§ 8 Retention of title

Regulations on retention of title towards consumers All deliveries are subject to retention of title. The delivered goods remain the property of NT Trading GmbH until the purchase price has been paid in full. Regulations on retention of title towards entrepreneurs

(1) The retention of title agreed below serves to secure all existing current and future claims of NT Trading GmbH against the customer from the delivery relationship existing between the contractual partners (including balance claims from a current account relationship limited to this delivery relationship).

(2) The goods delivered to the customer by NT Trading GmbH remain the property of NT Trading GmbH until all secured claims have been paid in full. The goods and the goods that replace them under this clause and are covered by retention of title are hereinafter referred to as reserved goods.

(3) The customer stores the reserved goods for NT Trading GmbH free of charge.

(4) The customer is entitled to process and sell the reserved goods in the normal course of business until the event of exploitation occurs (paragraph 9). Pledges and assignments as security are not permitted.

(5) If the reserved goods are processed by the customer, it is agreed that the processing is carried out in the name and for the account of NT Trading GmbH as the manufacturer and that NT Trading GmbH has direct ownership or - if the processing takes place from materials belonging to several owners or the If the value of the processed item is higher than the value of the reserved goods - the co-ownership (fractional ownership) of the newly created item is acquired in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership occurs at NT Trading GmbH, the customer transfers his future ownership or - in the above-mentioned ratio - co-ownership of the newly created item to NT Trading GmbH as security. If the reserved goods are combined with other items to form a uniform item or are inseparably mixed and one of the other items is to be viewed as the main item, then NT Trading GmbH, insofar as the main item belongs to it, transfers to the customer pro rata co-ownership of the unified item in the sentence 1 mentioned ratio.

(6) In the event of resale of the reserved goods, the customer hereby assigns the resulting claim against the purchaser as security - in the case of co-ownership of the reserved goods by NT Trading GmbH in proportion to the co-ownership share - to NT Trading GmbH. The same applies to other claims that replace the reserved goods or otherwise arise with regard to the reserved goods, such as. Insurance or tort claims for loss or destruction. NT Trading GmbH revocably authorizes the customer to collect the claims assigned to NT Trading GmbH in his own name for the account of NT Trading GmbH. NT Trading GmbH may only revoke this direct debit authorization in the event of exploitation.

(7) If third parties access the reserved goods, in particular through seizure, the customer will immediately point out the ownership of NT Trading GmbH and inform NT Trading GmbH of this in order to enable him to enforce his property rights. If the third party is not able to reimburse NT Trading GmbH for the legal or extrajudicial costs incurred in this context, the customer of NT Trading GmbH is liable for this.

(8) NT Trading GmbH will release the reserved goods and the items or claims replacing them upon request at its discretion, provided their value exceeds the amount of the secured claims by more than 50%.

(9) If NT Trading GmbH withdraws from the contract (case of recovery) due to the customer's behavior in breach of contract - in particular late payment - the customer is entitled to demand return of the reserved goods.

§ 9 Procedure for dealing with complaints, dispute resolution procedures

NT Trading GmbH's procedure for dealing with complaints meets the requirements of professional care. If the customer wishes to make complaints, he or she can do so in writing or verbally using all of the means of communication and addresses/numbers mentioned here. A timely processing is assured. It should be noted that NT Trading GmbH is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

§ 10 Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply if, when concluding the contract, the customer is acting in the exercise of his commercial or independent professional activity and therefore as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). Furthermore, the right of withdrawal does not apply to contracts

- for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;

- for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

- for consumers, if the order is from and the shipment is to a country that is not a member of the European Union. The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery;

- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;

- to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 11 Final provisions

(1) In the event that a provision of these general terms and conditions is invalid, the effectiveness of the other provisions will not be affected. This particularly applies to the contract already concluded. The statutory regulation takes the place of the ineffective clause. Anything else only applies if, in this case, adhering to the contract represents an unreasonable hardship for one of the contracting parties. Then the contract is inoperative in its entirety.

(2) With regard to all legal relationships arising from this contractual relationship, the contractual partners agree to apply the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection granted to him by the mandatory regulations of the state, in which he has his habitual residence. In the latter case, the law of the country in which the consumer has his or her habitual residence applies.