TERMS AND CONDITIONS

§1 Validity of the conditions
The deliveries, services and offers of Nicole Stoecker Communication are based exclusively on these terms and conditions, even if they are not expressly agreed upon again. These terms and conditions shall be deemed accepted when the goods or services are ordered. General terms and conditions of purchase of the purchaser are hereby contradicted. Deviations from these terms and conditions of business shall only be effective if we confirm them in writing.

§2 Offer and conclusion of contract
The offers of Nicole Stoecker Communication are subject to change and non-binding. Orders are only binding for Nicole Stoecker Communication after written confirmation. The information provided in our sales documents is to be understood as approximate values only and does not constitute a warranty of characteristics unless they are expressly designated as binding in writing. Unless otherwise agreed in writing, the delivery of the goods or the provision of the service is subject to advance payment.

§3 Prices
The prices stated in our order confirmation are decisive. Unless otherwise agreed, the prices are exclusive of transport costs. The current prices are published in the online shop, subject to price changes and errors.

§4 Delivery and performance time
Dates and delivery periods are non-binding, unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by Nicole Stoecker Communication is subject to the correct and timely delivery to Nicole Stoecker Communication by suppliers and manufacturers.

§5 Default of Acceptance
If the Buyer refuses to accept the delivery items after the expiration of a grace period granted to him or declares that he does not wish to accept the goods, Nicole Stoecker Communication may refuse to fulfill the contract and claim damages for non-performance. Nicole Stoecker Communication shall be entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the damage actually incurred from the Buyer.

§6 Delivery
Visible differences in quantity must be reported in writing to Nicole Stoecker Communication and the carrier immediately upon receipt of the goods, hidden differences in quantity within 4 days after receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the goods.

§7 Transfer of Risk
The risk is transferred to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for shipment. Any assumption of transport costs by Nicole Stoecker Communication agreed upon in individual cases shall not affect the transfer of risk.

§8 Warranty
If the delivered goods are defective at the time of the transfer of risk, e.g. due to a manufacturer's fault, or if there is a wrong delivery or an incomplete delivery, Nicole Stoecker Communication shall, at its own discretion, deliver a replacement or cancel the purchase and refund the purchase price to the customer. The same applies to incomplete or faulty downloads.

The customer's warranty claim shall expire if he does not notify Nicole Stoecker Communication of the defect or wrong delivery within 7 days after receipt of the goods or within 7 days after provision for download by e-mail or letter.

§9 Exchange
The exchange of ordered books and metaphor cards is possible if they were ordered with the right of return.

The books and cards must be in perfect, unopened condition. The consent of Nicole Stoecker Communication is required. Sound carriers and other multimedia products are excluded from exchange for copyright reasons, as are deliveries abroad.

§10 Retention of title
The delivered goods remain the property of Nicole Stoecker Communication until full payment has been received.

§11 Payment
Depending on the agreement, invoices are payable in cash or within 10 days net. The delivery will be made after receipt of payment and is generally freight collect, i.e. at the expense of the buyer by mail, unless otherwise expressly agreed. A payment shall only be deemed to have been made when Nicole Stoecker Communication can dispose of the amount. If the Buyer is in default of payment, we shall be entitled to charge interest at a rate of 5% from the relevant date. For the duration of the delay, Nicole Stoecker Communication shall also be entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to claim damages for the termination of the contract. All claims shall become due immediately if the Customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are suitable to reduce the creditworthiness of the Customer, in particular cessation of payments, pendency of composition or bankruptcy proceedings. In such cases, Nicole Stoecker Communication shall be entitled to withhold outstanding deliveries or to execute them only against advance payment or securities.

§12 Limitation of Liability
Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tortious acts are excluded against Nicole Stoecker Communication as well as against its vicarious agents and assistants, unless intentional or grossly negligent conduct is involved. No liability is accepted for consequential damages resulting from the use of the products and services.

§13 Copyrights
Insofar as books, metaphor cards, templates and downloads of multimedia articles are part of the scope of delivery, these are provided to the buyer solely for his own use, i.e. he may neither copy them nor allow others to use them.

§14 Data protection
The privacy policy is an integral part of these terms and conditions. By accepting these terms and conditions, you also agree to the privacy policy.

§15 Legal venue
Zurich is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.