Terms of service
General Terms and Conditions with Customer Information
1. Scope and contractual partner
These General Terms and Conditions apply to purchases of goods through the online shop nestful.de by consumers and businesses. The version in force when the contract is concluded applies.
Your contractual partner is:
Fabio Fedele
Sole trader, trading as “Nestful”
Paprikastraße 67
70619 Stuttgart
Germany
Telephone: +49 155 67892516
Email: info@nestful.de
VAT identification number: DE325657815
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.
A business is a natural or legal person, or a partnership with legal capacity, acting in the exercise of its trade, business or independent professional activity when entering into a legal transaction.
Individual agreements take precedence over these General Terms and Conditions.
2. Products and offers
The presentation of products in the online shop does not constitute a binding contractual offer, but an invitation to place an order.
The essential characteristics, selected version and scope of delivery are set out in the relevant product description and the selections made during the ordering process.
An additional guarantee exists only where expressly offered. Statutory rights concerning defective goods remain unaffected.
3. Orders and conclusion of the contract
You can select products and place them in your shopping cart. During the ordering process, you enter your contact details and delivery address and select one of the payment methods offered.
Before submitting a binding order, you can review your order and details and correct them using the functions provided. You can cancel the ordering process at any time before submitting a binding order.
By clicking the final order button, which clearly indicates the obligation to pay, you make a binding offer to purchase the goods listed in the order summary.
We accept your offer as part of the automated ordering process by requesting payment after you submit your order or by initiating a charge through your chosen payment method. The purchase contract is concluded upon this acceptance.
We will acknowledge receipt of your order by email without delay. Your order details are set out in the order confirmation.
4. Contract language and storage of the contract text
The language of the contract is German.
You can save or print these General Terms and Conditions using your browser’s functions before placing your order.
We store the contract text, including your order details and the General Terms and Conditions in force when the contract is concluded. You will receive the contract confirmation containing the legally required information, these General Terms and Conditions and the information on the right of withdrawal, including the model withdrawal form, by email within a reasonable time after the contract is concluded and no later than delivery of the goods.
We do not guarantee permanent access to the full contract text through a customer account. Please retain the contract documents sent to you. If you have questions about your contract documents, you can contact us at info@nestful.de.
5. Prices and shipping costs
The prices shown in the online shop are total prices in euros and include statutory VAT.
Delivery to Germany, Austria and the Netherlands is free, with no minimum order value.
Other available delivery countries and any delivery restrictions are stated in the online shop. For deliveries to other European countries, any applicable shipping costs are displayed before you place your order or, for an individually arranged order, agreed before the contract is concluded.
The prices and shipping costs communicated before the order is placed are binding.
6. Payment
The available payment methods are displayed in the online shop and during the ordering process.
Payment is initiated through the chosen payment method immediately as part of completing the order. The actual time at which the payment is posted may depend on the relevant payment service provider or financial institution.
Where a payment service provider processes the payment, the terms it communicates during the payment process apply to the relationship between you and that provider. Your rights under the purchase contract with us remain unaffected.
7. Delivery
Delivery is made to the delivery address provided when placing the order.
The agreed delivery time is determined by the information provided for the relevant product and the shipping information made available before the contract is concluded. Further information is available on our “Shipping and delivery” page:
Goods may be dispatched directly by a supplier engaged by us. Your contractual partner and point of contact for performance of the purchase contract remains Fabio Fedele, trading as “Nestful”.
An order may be delivered in several parcels. Partial deliveries are permitted where reasonable for you. You will not incur any additional shipping costs as a result.
If an agreed delivery is delayed, we will inform you without delay. Your statutory rights remain unaffected.
8. Retention of title
The goods remain our property until payment has been made in full.
9. Right of withdrawal and return shipping labels
Consumers have a right of withdrawal where the statutory requirements are met.
For consumers, we extend the withdrawal period to 30 days. Details of when the period begins, how to exercise the right, its effects and statutory exceptions are set out in our separate information on the right of withdrawal, including the model withdrawal form:
Information on the right of withdrawal and model withdrawal form
This provision does not grant businesses a right of withdrawal.
If you withdraw, you bear the direct return shipping costs, provided we have duly informed you of this before the contract is concluded.
If you use the return shipping labels we provide, we charge a total of €5.00 per return. This applies regardless of the number of parcels or labels required for that return. The amount will be deducted from your refund.
Merely providing a return shipping label that is not used does not give rise to this charge. Exercising the right of withdrawal does not require our prior approval.
In the case of a justified complaint concerning defective or incorrectly supplied goods, we bear the return shipping costs that we are legally required to cover. In that case, the €5.00 is not deducted.
Statutory rights concerning defective goods exist independently of the right of withdrawal and the extended withdrawal period.
10. Statutory rights concerning defective goods and guarantees
Statutory rights concerning defective goods apply to our goods.
For new goods, the statutory limitation period for consumers’ claims concerning defects is generally two years from delivery. Special statutory provisions, particularly longer periods and provisions concerning suspension or extension of the limitation period, remain unaffected.
For defective or incorrectly supplied goods, you can contact us at info@nestful.de or by telephone on +49 155 67892516. We remain your point of contact for your statutory claims even where the goods were dispatched directly by a supplier.
Any additional manufacturer’s or seller’s guarantee does not restrict your statutory rights. Where additional guarantees exist, their terms will be provided with the relevant offer.
11. Liability
We are liable without limitation in cases of intent or gross negligence and for culpable injury to life, body or health.
In cases of ordinary negligence, we are liable for a breach of a material contractual obligation. Material contractual obligations are those whose performance is essential to the proper execution of the contract and on whose fulfilment you may regularly rely. In such cases, liability is limited to the foreseeable loss typical of the contract at the time it was concluded.
Liability for damage caused by ordinary negligence is otherwise excluded.
These limitations do not apply to fraudulent concealment of a defect, to the extent covered by a guarantee we have given, or to claims under the German Product Liability Act (Produkthaftungsgesetz). Other mandatory statutory liability provisions remain unaffected.
The above provisions also apply to breaches of duty by our legal representatives and persons employed to perform our contractual obligations.
12. Set-off and rights of retention
Statutory provisions apply to set-off and the exercise of rights of retention.
13. Data protection
Information about the processing of personal data and your data protection rights is available in our separate privacy policy: