T&Cs and Data protection Policy

 § 1 Scope and contractual parties

(1) The following General Terms and Conditions shall apply in their current form. Verbal additional agreements shall not be valid.

(2) The contractual parties to the following General Terms and Conditions are Martina Haagen, Augsburger Str. 29, 10789 Berlin, Tel. +49-30-91689738 and the Purchaser.

(3) The information provided in our offer is subject to change without notice.

 

§ 2 Conclusion of the sales contract

(1) The order may be placed by telephone, post, the on-line shop or e-mail. The sales contract between the contractual parties for the selected item(s) is then legally binding and shall be confirmed by Martina Haagen, usually by e-mail, within 7 days.

(2) Martina Haagen is under no obligation to accept the contract, particularly if the Purchaser has not fulfilled any obligations from previous orders in due time.

(3) The order is subject to the proviso that the goods are available in stock. If the goods are not available, you shall be informed of this immediately.

 

§ 3 Pricing and payment

(1) Each of the current prices is listed on the “mynightcap” web pages.

(2) The prices are listed inclusive VAT at the current rate.

(3) Postage and packaging are charged separately.

(4) The goods shall be paid for by bank transfer in advance on ordering or by cash on delivery (C.O.D.) (only austria and Switzerland). The Purchaser is to bear the 3 Euro C.O.D. charge and the 2 Euro money transfer fee (total 5 euro). The C.O.D. charge within Europe is 8.00 Euro.

(5) All prices listed, including those for postage, packaging and cash on delivery are applicable at the time the order is placed and only within Germany, unless stated otherwise. Where prices and conditions of delivery are up-dated, all previous prices and conditions shall become invalid.

 

§ 4 Delivery

(1) Delivery is ex works to the address provided in the order, unless a separate delivery address has been stated. Delivery lead times for in-stock items are usually 3-5 days, for one-off items approx. 1-2 weeks. These details are non-binding. Goods shall only be delivered on receipt of payment or agreement to cash on delivery.

(2) Delivery charges within Germany are 2.90 Euro. C.O.D. orders are subject to an additional C.O.D. charge as stated above. C.O.D. and delivery charges will be listed separately by “mynightcap.com” on the invoice. We charge 4.90 Euro for deliveries to Euroland, 10.00 Euro for international delivery.

 

§ 5 Warranty and liability

(1) The customer’s entitlements agains “mynightcap.com”  are determined by legal provisions; the legal warranty period currently comprises 2 years.

(2) Should damage or loss occur as a result of improper or contrary to contract action of the customer, this shall not constitute a claim against “nachtmuetzen.de”. Handling and wearing instructions provided should be observed.

(3) “mynightcap.com” is only liable for wilful intent and gross negligence. For the rest, no liability is accepted. Liability in accordance with the Product Liability Act remains unaffected.

 

§ 6 Right of withdrawal and return

(1) You may withdraw your declaration of agreement in the written form by letter or e-mail within 2 weeks without giving reasons, or return the delivered items. The period begins with the delivery of the goods and ends with the timely dispatch of the cancellation or the goods. The cancellation and the goods are to be sent to:

nachtmuetzen.de - Martina Haagen, Augsburger Str. 29, 10789 Berlin, Telephone: +49-30-91689738 , E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is protected against spam bots! JavaScript must be activated in order to see it.

(2) In the event of cancellation you are obliged to return the goods in full. The customer is obliged to return the goods in the original packaging, including any inner packaging. The return sender shall bear the cost of returning the goods.

(3) In the event of a valid cancellation, any products or services received by either party, and any profit derived therefrom (e.g. benefit from use of the goods) shall be returned. Compensation for damages may be claimed in the event of deterioration or destruction of the goods. This shall not apply if the deterioration is a direct result of their examination. Martina Haagen is entitled to retain payments received to the extent of the reduction in value.

(4) Goods which have been produced to customer specifications or which have clearly been tailored to personal requests, e.g. special sizes, are not subject to the right of return.

 

§ 7 Reservation of title

(1) The goods shall remain the property of “gut behütet” until full payment of the invoiced amount has been received.

 

§ 8 Applicable law, invalid clauses, jurisdiction

(1) The construction and performance of all contracts shall be governed by German law.

(2) Should one or more of the provisions contained in these T&Cs be invalid, the invalid provision shall be replaced by the relevant legal provision. The remainder of the contract shall continue in full force and effect.

(3) Place of performance and jurisdiction is Berlin.

 

Data Protection Policy

 This website uses Google Analytics, a Google Inc. web analytics solution («Google»).  Google Analytics uses so-called “cookies”, text files which are saved on your computer and which enable an analysis of your use of the web-site. The information gathered by the cookie regarding your use of this web-site (including your IP address) is transmitted to and saved on a Google server in the USA. Google uses this information to evaluate your use of the web-site in order to compile reports regarding the web-site activities for the web-site operator and to generate further services connected to use of the web-site and the Internet. Google also provides this information to third parties as required by law or where third parties process these data on behalf of Google. Under no circumstances does Google link your IP address to other Google data. You can prevent the installation of cookies using the appropriate setting in your browser; we would, however, like to point out that in this case, you may be unable to use some of the functions on this web-site. By using this web-site you have consented to Google processing the data collected on you in the means and manner and for the purposes described above.