Terms & Conditions
1. DEFINITIONS
1.1. In these general terms and conditions, the following terms have the following meanings:
(a) General Terms and Conditions: these general terms and conditions;
(b) Consumer: a natural person not acting in the performance of a profession nor conducting a business and who has concluded an Agreement with Nuizon.
(c) Right of Revocation: the Consumer’s right to revoke the Agreement within 7 days after receipt of the items ordered;
(d) Revocation Period: the term of 7 days that commences after receipt by or on behalf of the Consumer of the items ordered, within which the Consumer may revoke the Agreement without stating reasons;
(e) Internet Site: www.nuizon.in;
(f) Nuizon: Nuizon, registered in the commercial register of the Chamber of Commerce under no. 78626951;
(g) Agreement: every agreement within the context of a system organised by Nuizon for the online sale of goods and/or services.
2. APPLICABILITY
2.1. These General Terms and Conditions apply to all offers made by and agreements with Nuizon. Provisions that deviate from these General Terms and Conditions have effect exclusively in so far as they have been confirmed by Nuizon in writing. With due observance of the foregoing, the Consumer’s general terms and conditions or other terms and conditions do not apply and are rejected by Nuizon in so far as required.
2.2. Accepting offers from or placing orders on the Internet Site of Nuizon means that the applicability of these General Terms and Conditions is accepted.
2.3. If and in so far as any provision of the General Terms and Conditions is declared null and void or nullified, the other provisions of the General Terms and Conditions continue to apply in full.
3. OFFERS AND CHANGES
3.1. All offers from Nuizon are made without obligation at all times, unless explicitly stated otherwise. Nuizon reserves the right, at all times before acceptance, to change and to be able to change prices, the contents of packaging, designs and colours without consulting with the Consumer.
3.2. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
3.3. Obvious errors, clerical errors or mistakes on the Internet Site and/or in the offers and/or in the confirmation mail do not bind Nuizon.
3.4. An Agreement is only concluded after an application or order from or on behalf of the Consumer has been confirmed by Nuizon. Except with evidence to the contrary, the administrative data of Nuizon are decisive and binding for the content of the Agreement, and these data serve as evidence of the Agreement.
3.5. Nuizon is entitled to refuse an order at all times, in which event Nuizon will notify the Consumer as soon as possible.
3.6. Nuizon will send the following information to the Consumer with the product:
(a) Nuizon’s email address to which the Consumer can address complaints;
(b) information about the service available after purchase and about guarantees.
4. RIGHT OF REVOCATION
4.1. After receipt by or on behalf of the Consumer of the items ordered, the Consumer may revoke the Agreement without stating reasons during a period of 7 days.
4.2. During the Revocation Period, the Consumer must handle the item and its packaging with due care. The premise is that the Consumer may only handle and inspect the product as they would be allowed to do in a shop.
4.3. If the Consumer exercises their Right of Revocation, they must report this within the Revocation Period by means of the model revocation form or in another unambiguous manner, in writing, to Nuizon (care@nuizon.in, stating the Consumer’s name and order number). If the Consumer exercises their Right of Revocation, after receipt of this notice Nuizon will send confirmation of that receipt.
4.4. If the Consumer exercises their Right of Revocation, they must return all items with all of the accessories supplied, unopened, in their original state and packaging, to Nuizon within the Revocation Period, in accordance with the reasonable and clear instructions provided by Nuizon.
4.5. If the Consumer exercises their Right of Revocation, the costs of the return shipment are at their expense.
4.6. If the Consumer has paid any amount, Nuizon will refund that amount no later than fourteen days after receipt of the return shipment.
5. Exclusion of Right of Revocation
5.1. Nuizon may exclude the Right of Revocation if Nuizon has clearly informed the Consumer of this, at least in a timely manner before concluding the Agreement with the Consumer.
6. PRICES
6.1. All prices and rates are INR and are inclusive of GST. All prices and rates are subject to, – including but not limited to – price changes and the repair of software and typing errors by Nuizon.
6.2. A shipping fee may be charged to the Consumer for shipping the order. The Consumer is notified of this before the Consumer definitively places their order.
7. PAYMENT AND DELIVERY
7.1. Payment is made by the Consumer exclusively in advance. Delivery by Nuizon takes place exclusively after receipt of the Consumer’s advance payment.
7.2. Nuizon delivers exclusively within PAN India.Â
7.3. The place of delivery is the address that the Consumer has made known to Nuizon. The Consumer guarantees that the data it provides that are necessary for the delivery are correct.
7.4. All terms and delivery periods stated by Nuizon are approximate and are determined based on the data and circumstances known to Nuizon when it concluded the Agreement. The aforementioned terms and delivery periods are always an indication of expected terms from which the Consumer may derive no rights. The aforementioned terms and delivery periods may never be regarded as final deadlines.
7.5. The version of the communication about the delivery saved by Nuizon serves as evidence hereof, notwithstanding evidence to the contrary provided by the Consumer.
8. COMPLAINTS
8.1. Without prejudice to the Consumer’s Right of Revocation, complaints must be reported to Nuizon in writing no later than within five working days after receipt of the items by the Consumer (care@nuizon.in, stating the Consumer’s name and the invoice number). If a timely complaint is not reported, the Consumer is deemed to have approved the items and to have received and kept them without protest. In any event, if all or part of the items has been processed or used by the Consumer, they are deemed to have been approved.
8.2. Complaints do not entitle the Consumer to suspend payment for the uncontested part of the claim.
8.3. Nuizon portrays the properties of its products, including their composition and colour, as accurately as possible on the Internet Site. The depicted colours are dependent on the Consumer’s computer system. Nuizon cannot guarantee that the Consumer’s computer accurately depicts these colours. The Consumer cannot derive any rights from this.
8.4. Nuizon will not accept returned items that were delivered and approved unless agreed otherwise. All costs of return shipments are borne by the Consumer, and the Consumer cannot charge these costs to Nuizon.
9. CONFORMITY AND GUARANTEE
9.1. For a guarantee period of two months, Nuizon guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the statutory provisions and/or government regulations applicable to the day the Agreement is concluded.
9.2. The guarantee does not apply if:
(a) the Consumer has repaired or processed the delivered products;
(b) the delivered products have been exposed to abnormal circumstances or have been used contrary to the instructions of Nuizon or the manual in question.
9.3. If a delivered product shows any defect, the Consumer is entitled to a free swap by Nuizon.
13. INTERNET SITE
13.1. The information on the Internet Site is compiled and maintained by Nuizon with constant care and attention. However, no rights of any kind may be derived from the information published on the Internet Site. Use of the Internet Site and the information on it is for the Consumer’s own account and risk.
13.2. Nuizon does not accept liability for damage resulting in any way from the use of the Internet Site or from any incompleteness and/or inaccuracy of the information provided on the Internet Site, and/or for damage resulting from the Internet Site being unavailable, temporarily or otherwise.
13.3. The Internet Site contains hyperlinks to other internet sites that are maintained by third parties. Nuizon has no influence on the information, products and services mentioned on those internet sites and is in no way responsible or liable for the use of said internet sites.
14. PRIVACY
14.1. The Consumer is deemed to have taken note of the privacy statement of Nuizon published on the Internet Site and to have consented to the processing of personal data described there.
14.2. Upon providing personal data, the Consumer gives Nuizon consent to use these data, for example in order to comply with obligations and to offer the service that is expected.
14.3. Nuizon needs personal data to:
(a) Process and ship orders;
(b) Send marketing information such as digital and printed newsletters;
(c) Answer questions and provide information about new and/or changed products/services.
17. CHOICE OF LAW AND CHOICE OF FORUM
17.1. All Agreements between Nuizon and the Consumer are exclusively governed by Indian law.Â