Terms of service
Last Update: 13. December 2024
Table of contents
- Validity of the GTC
- Contact and service details
- General Information on Offers and Orders
- Ordering Process and Conclusion of Contract
- Prices and Shipping Costs
- Payment Methods and Terms
- Purchase on account
- Delivery, Availability of Goods
- Sale of Vouchers
- Promotional vouchers
- Copyright and Rights of Use
- Instructions on Withdrawal and Withdrawal Form for Consumers (Returns)
- Warranty and Liability
- Final provisions
- Dispute Resolution
1. Validity of the GTC
- The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between NAMILIA (Emilia Pfohl und Nan Li GbR) (hereinafter referred to as “Vendor”) and the purchaser, who is hereinafter referred to as “Customer”, of the Vendor’s products, goods and services (hereinafter referred to as “Products” or “Goods”).
- A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
- “Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Contact and service details
Please note the following information about the availability of our customer service.
- E-mail address: support@namilia.com
- Phone number: +49 30220127411
- Contact form: https://namilia.com/pages/contact
- Customer service availability: Weekdays from 10 am to 3 pm UTC +1
3. General Information on Offers and Orders
- The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
- Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor’s fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
- Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.
4. Ordering Process and Conclusion of Contract
- The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
- By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
- The Vendor may accept the Customer’s offer within five days (hereinafter referred to as the “Acceptance Period”). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer’s offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer’s offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
5. Prices and Shipping Costs
- Unless otherwise stated, all prices are net prices
- The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
- Information page with details of delivery and shipping costs: https://namilia.com/pages/shipping
6. Payment Methods and Terms
- Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
- When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
- The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
- Credit card payment – When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged immediately after completion of the order and after the Customer’s authorisation as the legitimate cardholder.
- PayPal – The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full. and will be communicated to the Customer during the payment process.
- PayPal Express – The customer pays the amount owed by means of the PayPal transaction.
- PayPal Plus (Purchase on account) – The Customer can make a purchase on account via PayPal even if he does not have a PayPal account. Prerequisite is a successful verification of the address and creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions and the selected, or stated payment term of PayPal. The terms of use of PayPal for the purchase on account apply.
7. Purchase on account
If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
8. Delivery, Availability of Goods
- The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
- If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
- Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer.
- If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
9. Sale of Vouchers
These GTC apply accordingly to the sale of vouchers embodying material or monetary values.
10. Promotional vouchers
- “Promotion Vouchers” are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
- Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
- Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
- Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
- Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
- If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
- If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.
11. Copyright and Rights of Use
- The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.
12. Instructions on Withdrawal and Withdrawal Form for Consumers (Returns)
For the purposes of these Instructions on Withdrawal, “Consumer” means any natural person who enters into a legal transaction for purposes which are predominantly outside his or her trade, business or profession.
12.1 Right of Withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period is 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (NAMILIA (Emilia Pfohl und Nan Li GbR) GSG-HOF SCHLESISCHE STR. 27 10997 BERLIN, E-mail-address: support@namilia.com, Phone number: +4930220127411) of your decision to withdraw from this contract by an unequivocal statement
You can do this by completing and submitting the online declaration electronically on our website https://vakaitina.com/pages/returns.
If you make use of this option, we will send you confirmation of receipt of such a withdrawal without delay (e.g. by e-mail).
Alternatively, information by letter or e-mail (support@namilia.com) is also allowed.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
12.2 Consequences of the Exercise of the Right of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We shall bear the costs of returning the goods if the return is from the United States and our provisioned returning label was used. Otherwise, the direct costs of returning the goods are to be borne by you.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
12.3 Instructions for the Return of Goods
- Please do not send the goods to us freight collect.
- Please return the goods as a prepaid package to the specified return address and please keep the delivery receipt.
- Please avoid damage or soiling of the goods.
- Please return the goods to us in the original packaging and outer packaging with all accessories and packaging components, if possible. If the original packaging or outer packaging is no longer in your possession, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.
13. Warranty and Liability
- Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
- The Vendor shall not be liable for the Customer’s Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
- The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor’s statutory warranty.
- The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
14. Final provisions
The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15. Dispute Resolution
- The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
- We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.
