SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy:
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shallbe limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless nuuds.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – GENERAL TERMS AND CONDITIONS
(1) All offers, sales contracts, deliveries, and services due to orders from our customers (hereinafter customers) via our online shop www.didic.shop and subpages (hereinafter the “Online shop”) are subject to these General Terms and Conditions.
(2) The product range in our online shop is aimed at consumers and entrepreneurs alike, but only at end-users. For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to his commercial or independent professional activity (Section 13 of the Civil Code – BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal authority who acts in the exercise of his commercial or independent professional activity at the time of the conclusion of the contract (Section 14(1) of the German Civil Code (BGB).
(3) The customer’s terms and conditions do not apply, even if we do not object to their validity separately in individual cases.
(4) Every customer who is a consumer is entitled to withdraw the offer in accordance with the special cancellation and return instructions, which are communicated to him in the course of the order on our website, and to return the goods.
SECTION 21 – PRICES AND PAYMENT
(1) Our prices include the statutory value-added tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) Unless expressly agreed otherwise, we will only deliver against advance payment (in the manner indicated in the online shop on the order form, e.g. by credit card) or by cash on delivery, each against invoice.
(3) If delivery is agreed upon on account, our invoices are due for payment within 5 (five) working days after the goods have been sent and the invoice has been received by the customer.
(4) The customer is not entitled to set-off or retention, unless the counterclaim is undisputed or legally established.
SECTION 22 – DISPATCH OF THE GOODS
(1) Deadlines and dates for dispatch of the goods specified by us are only approximate and may, therefore, be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed.
(2) All delivery periods specified or otherwise agreed by us at the time of ordering begin, (a) if delivery is agreed against prepayment, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment is agreed by cash on delivery or on account, on the day of the conclusion of the purchase contract.
(3) In order to comply with the shipping date, the date of delivery of the goods by us to the Companies.
(4) Even if goods are labeled “in stock” on the order form, we are entitled to sell these goods at any time if: a) an indication of the limited availability of the goods has been made on the order form, or b) the delivery is made against advance payment, and payment is not made within a period of five working days after our acceptance of the offer. In such cases, the dispatch will only take place within the agreed or specified period as long as the stock lasts.
(5) If no delivery period has been specified or otherwise agreed or we are no longer obliged to comply with an agreed delivery period due to the sale permitted in accordance with paragraph 4, a shipment shall be deemed to have been agreed within three weeks from the beginning of the delivery period, which is relevant in accordance with paragraph 2.
(6) In the event that our supplier does not deliver goods indicated on the order form as “not in stock” or sold in accordance with paragraph 4 to us in due time, the delivery period applicable in each case after this clause 4 shall be extended until the delivery by our supplier is extended plus a period of three working days, but not more than a period of three weeks, provided that we are not responsible for the delay in delivery by our supplier and have to reorder the goods without delay.
(7) If the goods are not available or are not available in time for one of the reasons mentioned in paragraph 6, we will notify the customer immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will immediately refund the customer’s payments made to us. The statutory rights of the customer due to delay in delivery are not affected by the above regulation, whereby the customer can only claim damages in accordance with the special provisions of clause 8 of these General Terms and Conditions.
(8) We are entitled to make partial deliveries of separately usable products recorded in an order, insofar as this is reasonable for the customer, whereby we bear the additional shipping costs caused by this.
SECTION 23 – SHIPPING, INSURANCE, AND TRANSFER OF RISK
(1) Unless expressly agreed otherwise, we determine the appropriate shipping method and the carrier at our reasonable discretion.
(2) If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental loss of the delivered goods passes to the customer at the time when the goods are delivered to the customer, or the customer is in default of acceptance. In all other cases, the risk, if we only owe the shipment, passes to the customer upon delivery of the goods to the transport company.
(3) We will insure the goods against the usual transport risks at our expense.
SECTION 24 – RETENTION OF TITLE
(1) We reserve the title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
SECTION 25 – WARRANTY
(1) If the delivered goods are affected by a material defect, the customer may first demand from us the rectification of the defect or delivery of defect-free goods. However, if the customer is an entrepreneur, we can choose between rectification of defects or delivery of a defect-free item; this choice can only be made by displaying it in text form (including by fax or e-mail) to the customer within three working days of receipt of the notification about the defect. We may refuse the type of supplementary performance chosen by the buyer if this is only possible at disproportionate costs.
(2) If the subsequent performance is made in accordance with 7 (1) fails or is unreasonable for the customer or we refuse to perform subsequent performance, the customer is entitled in each case to withdraw from the purchase contract, to reduce the purchase price or to demand damages or compensation for his futile expenses in accordance with the applicable law. In addition, the special provisions of the section shall apply to the customer’s claims for damages. 8 of these General Terms and Conditions.
(3) The warranty period is two years from delivery.
(4) Only to entrepreneurs the following applies: The customer must carefully inspect the goods immediately after being sent. The delivered goods shall be deemed to have been approved by the customer if a defect is not notified to us (i) in the event of obvious defects within five working days of delivery or (ii) otherwise within five working days after the discovery of the defect.
SECTION 26 – LIABILITY
(1) Our liability for delay in delivery is limited to an amount of 10% of the respective purchase price (including VAT) except in the case of intent or gross negligence.
(2) We are not liable (regardless of the legal reason) for damages that are not typically to be expected with normal use of the goods. Our liability is also excluded for damages resulting from data loss if the replacement is not possible or is made difficult due to a lack of or insufficient data backup. The above limitations of liability do not apply in the event of intent or gross negligence.
(3) The limitations of this para. 8 do not apply to our liability for those obligations that enable the proper execution of the contract and on whose compliance the customer may, therefore, regularly rely (so-called cardinal obligations), furthermore not for guaranteed characteristics iSv. Section 444 of the German Civil Code (BGB), for injury to life, body or health or under the Product Liability Act.
SECTION 27 – DATA PROTECTION
(1) We may process and store the data relating to the respective sales contracts to the extent necessary for the execution and execution of the sales contract and as long as we are obliged to store it due to statutory regulations.
(2) We expressly refer to our separate data protection declaration.
SECTION 28 – APPLICABLE LAW AND PLACE OF JURISDICTION
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If the customer is a consumer, the applicable legal provisions and rights remain unaffected by this choice of law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between the customer and us is our place of business.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points will be replaced, if available, by the statutory provisions. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.