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.co.uk (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. These terms of use and any separate agreements through which we offer services are governed by and shall be construed in accordance with the shop

1.3. You can write us per mail.

1.4. 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.co.uk].

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.

4. UK Consumer Right of Withdrawal

4.1. If the prospect is an UK consumer under the UK regulations and legislation of the UK member states, various withdrawal rights are available. If the customer is not an UK consumer, the following provisions do not apply directly. The seller may grant non-UK consumers similar consumer rights to UK consumers out of goodwill.

4.2. UK consumers have the right to withdraw from the contract with the seller within fourteen days (14) without giving any reason.

4.3. The withdrawal period is fourteen (14) days from the day on which the UK consumer or a third party designated by them, who is not the carrier, has taken possession of the goods.

4.4. To exercise the right of withdrawal, the UK consumer must inform us (address, email address) by means of a clear declaration (e.g., a letter sent by post, email) of their decision to withdraw from the contract.

4.5. To meet the withdrawal deadline, it is sufficient for the UK consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

4.6. If the contract between the seller and the UK consumer is withdrawn, the seller must refund all payments received, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the least expensive standard delivery offered by the seller), without delay and no later than fourteen (14) days from the day on which the notification of the contract withdrawal has been received by the seller. For this repayment, the same means of payment used in the original transaction will be used, unless expressly agreed otherwise with the seller; in no case will fees be charged for this repayment.

4.7. The seller may refuse repayment until the product has been returned or until the UK consumer has provided proof of having sent back the product, whichever is earlier.

4.8. The UK consumer must return the goods immediately and in any event no later than fourteen days from the day on which they informed us of the withdrawal of the contract to the seller. To meet the deadline, the timely dispatch of the goods before the end of the period is sufficient.

4.9. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, as well as to contracts for the delivery of goods that are only of limited durability or whose expiration date has passed. The right of withdrawal also expires for contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, as well as for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

5. Limitation of Liability

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.

 

Contact: info@nilnook.co.uk

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.

10.3 Governing Law:

These terms of service and any separate agreements are aligned

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). The processing of the payment is subject to the law applicable to the jurisdiction of the payment provider.

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 

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).

11.7. Please contact us via mail

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

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).