These General Terms and Conditions of Business apply to all orders and deliveries between nao / Fabienne Erler, Liebenwalder Straße 2, 13055 Berlin, Germany, (hereinafter: nao) and its customers via the online shop www.shop.nao-illustrations.com.
All prices without VAT, as nao is not allowed to charge VAT on their invoices by the application of the small business regulation according to § 19 UStG, and exclude shipping costs. I do not sell to businesses, therefore I do not issue VAT receipts, nor do I refund the VAT.
2. Shipping charges
There is no minimum order value.
As of now, I only offer delivery within Germany and the EU. The exact cost of delivery is determined by your post code and all costs will be visible before checkout.The maximum weight for any parcel we can dispatch is 31kg. Orders weighing over 31kg will be dispatched in 2 or more parcels, depending on weight.
4. Dispatch and delivery
In countries other than the Federal Republic of Germany, I only deliver to private individuals. Unless stated otherwise in the offer or product details, the delivery period is 2 to 7 working days after dispatch. Information about delivery and shipping conditions is available here.
I will always try to send your delivery with the delivery partner you have selected. However, due to circumstances beyond my control, this is occasionally not possible. Please accept my apologies for any inconvenience this may cause.
In the event that some of the ordered products are not in stock, I will contact you to find an individual solution. In the event that I am unable to deliver the ordered product because I am not supplied by my own suppliers, without culpability on the part of me, I may withdraw from the contract. In such a case, I shall inform the customer without delay and propose a an individual solution. If a comparable product is not available, or if the customer does not wish to have that product delivered, nao shall, without delay, reimburse payments made by the customer.
Deliveries are free of customs duties within the EU. In the case of delivery in countries outside the EU customs duties, taxes and other levies that may apply shall be borne by the customer.
In the event that supplied products are damaged en route, the nao customer service is to be contacted, where possible, without delay. As a result, nao shall have the option of lodging a complaint with the carrier or transport insurer regarding the damage. If the customer fails to provide notification of transport damage, this shall not have any effect whatsoever on the customer’s statutory guarantee rights.
In order to fulfill customer orders nao needs to pass on the customer email address, and if available a contact phone number to the delivery company authorized to delivering the goods. This forms part of the contract with nao. The customer does not have the right to object. For further information please see the Data Protection page.
5. Retention of title
The goods shall remain the property of nao up until payment in full. Prior to the passing of ownership, pledging, ownership transfer by way of security, processing or redesigning are not permitted without approval by nao.
6. Right of withdrawal
Customers who are consumers have a fourteen-day cancellation right. A consumer is any natural person who enters into a legal transaction for a purpose that is neither attributable to their commercial nor self-employed professional activity. The following regulations apply to the cancellation right and the excluding of the cancellation right. If customers have any further questions about cancellations, they can contact the customer service.
Instructions on withdrawal
The exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform me of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Goods will have to be sent back to the address on the Invoice you’ve received without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Information concerning the Right of withdrawal
Exclusion of the right of withdrawal
The right of withdrawal does not apply in the event of delivery of goods
- that are not pre-produced and an individual selection or determination by the consumer is authoritative for their manufacture or goods that are clearly geared towards the consumer’s personal requirements; goods that may perish quickly or goods whose sell-by-date would quickly run out,
- that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery,
- that were post-delivery inseparably mixed with other goods.
Model withdrawal form
Sample of the model withdrawal form
(Should you wish to cancel your contract with nao please complete this form and return to)
— To [ the address stated on your invoice ]
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/forthe provision of the following service (*),
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
7. Guarantee and liability
The statutory guarantee provisions apply.
8. Payment methods, invoices and credit notes
Payment for goods is to be made via paypal by Visa, Mastercard, or American Express credit card & Visa or Maestro debit card. Unfortunately, we cannot accept payment sent in the form of cash or cheques and are not responsible for loss.
Due to how paypal works, your credit or debit card will be charged once you place your order. In the case of possible returns the amount paid will be refunded. Should your credit card have insufficient credit we reserve the right to invoice you for the costs incurred in making requests for payment. I reserve the right in individual cases or depending on the delivery method chosen by the customer to accept only certain types of payment.
If the customer defaults in payment, the purchase price shall incur interest during the default in the sum of 5 percentage points above the ECB base lending rate.If the customer is not a consumer, the default interest shall be 8 percentage points above the base lending rate. I reserve the right to assert a claim for greater damage caused by default subject to furnishing proof in that respect.
Payment via bank transfer
Please be sure to include your order invoice number in the payment reference field when you enter the informationfor your bank transfer. Please transfer the balance to the account stated on your Invoice.
Payment by credit card
In the case of payment by credit card, amounts are booked within one week after shipping the goods.
PayPal is an online account-based system that lets anyone with an email address send and receive online payments using their credit card or bank account. You can use it at nao to pay safely, easily and quickly. During the ordering process, you can also open up a PayPal account if you don’t have one. The advantage of PayPal is that our system recognizes the payment immediately and your items are shipped after 24-48 hours!
I only issue invoices in electronic form. All invoices will be emailed to the customer as a downloadable PDF.
In the case of redeeming credit notes, the specific, valid redemption conditions, minimum order quantity and period of validity etc. are to be adhered to. The corresponding information is stated on the credit notes. In any case, only one credit note or one order / customer-related reduction can be redeemed for each purchase. Payment in cash or subsequent setting off with previous orders is not possible. Resale is not permitted.
Purchase of Vouchers
Gift vouchers are valid for all products at my shop and for ancillary costs (e.g. postage & packing). All vouchers are valid for a period of three years from the date they are sent. The period of validity of individual vouchers may not be extended. I reserve the right to accept (only) certain payment methods in individual cases. The invoice for the purchase of the gift voucher will be sent to the purchaser by email. The voucher will be sent to the recipient by email with a PDF attachment. The purchaser of the gift voucher will receive a copy of said email for confirmation. Gift vouchers may not be ordered together with other products.
Redeeming vouchers & coupons
If not stated otherwise:
Gift vouchers may be used only once at the online shop. Only one voucher may be used per order. The use of several vouchers for the same order (e.g. a combination of gift vouchers and offer vouchers/coupons) is therefore not possible. If the order value exceeds the voucher amount the difference may be paid by credit card, direct debit or payment on invoice. If the voucher amount is not used up upon redemption the difference is forfeited. There will be no cash payout. It is not possible to offset vouchers retrospectively against current or previous orders. Vouchers may not be exchanged or redeemed for cash and cannot be used to buy gift vouchers. Vouchers may not be sold on.
Transfer of risk / liability
nao accepts no liability for loss or theft of vouchers and for voucher redemption by third parties without the knowledge or permission of the customer. Equally, nao will not be responsible for typing errors in the voucher recipient’s email address.
9. Data protection
I take the protection of its customers’ data very seriously. The shop’s data protection declaration can be viewed here.
10. Marketing & Customer communication
If the customer concludes a contract with nao and specifies the electronic mailing address (email), nao has the right to use this electronic mailing address (email address) of the customer for direct advertising of its own similar goods or services, if the customer didn’t object to this use at the point of collection. The customer always has the right to object to the use of the electronic postal address (email address) at any time by sending a communication to firstname.lastname@example.org, without any costs other than the transmission costs according to the basic tariffs.
11. Identity of the contracting partner
Liebenwalder Straße 2
Berlin Local Court (“Amtsgericht”)
VAT ID No. DE312549286
13. Online Dispute Resolution
The European Commission’s official website for Online Dispute Resolution is available under www.ec.europa.eu/consumers/odr. I am neither obliged nor willing to participate in a dispute resolution scheme.
16. Final provision
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforce ability of the other provisions of these Terms and Conditions shall not be affected thereby. German law applies by way of exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of the aforementioned applicable law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence at the time of his order is not withdrawn.