Terms of service
of lugema GmbH, Ostberger Str. 70b, D-58239 Schwerte, registered in the commercial register of the local court of Hagen under HRB 12592, represented by Lukas Hottelmann and Markus Simon, VAT identification no.: DE342208960 - hereinafter referred to as ‘lugema GmbH’.
§ 1 Scope of application, definitions
(1) The business relationship between lugema GmbH and the customers referred to in paragraph 2 - hereinafter referred to as ‘you’ - shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. This applies both to orders placed via the online shop (https://nimo.shop/) and to purchases made in our warehouse store. If you have different general terms and conditions, lugema GmbH does not recognise these unless lugema GmbH expressly agrees to their validity in writing.
(2) The offer from lugema GmbH is aimed exclusively at consumers. You are a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to your commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, would be acting in the exercise of their commercial or independent professional activity.
(3) lugema GmbH sells auxiliary and care products exclusively via online marketplaces, its own homepages or its own warehouse store. If commercial sales offers of third parties for lugema new goods exist, lugema GmbH hereby points out to you that such offers are neither permitted nor promoted nor approved by lugema GmbH and that there is no connection whatsoever with lugema GmbH.
§ 2 Conclusion of contract in the online shop
(1) In the online shop at https://nimo.shop/ (‘online shop’) you can select from the range of lugema products, in particular aids and care products, and collect them in a so-called shopping basket by clicking the ‘Add to basket’ button. By clicking on the ‘Buy’ button, you submit a binding offer to purchase the goods in the shopping basket, including these GTC. You can change and view your order details at any time before submitting the order.
(2) If you use one of the direct payment buttons (e.g. from PayPal or Klarna) in the shopping basket or the express checkout in the checkout area, you will be forwarded directly to the login page of the respective payment provider. You complete the payment and in some cases - depending on the payment provider - also the purchase there.
(3) lugema GmbH will then send you an automatic order confirmation by e-mail, in which your order is listed again and which you can print out using the ‘Print’ function of your end device. This automatic order confirmation merely documents that your order has been received by lugema GmbH and does not constitute acceptance of your contractual offer. The contract is only concluded when lugema GmbH issues a declaration of acceptance. This is sent by e-mail in the form of a dispatch confirmation as soon as the goods have been handed over to the transport company. In this e-mail, lugema GmbH will send you the text of the contract (consisting of the order, GTC and order confirmation) on a permanent data carrier (e-mail) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
§ 2a Conclusion of contract in the warehouse store
(1) Once you have decided on a product in the lugema GmbH warehouse store, you can order it by contacting one of the lugema GmbH employees present. You will need a lugema GmbH customer account for this. If you do not yet have one, one will be created for you.
(2) Your order will be recorded electronically and assigned to your customer account. You then pay for the goods using one of the means of payment specified in Section 6 (3). You will then receive confirmation of receipt of your order by email, together with the payment receipt as an attachment.
(3) Your goods ordered in the warehouse store (with the exception of the cases described in paragraph 4) will not be handed over to you immediately, but will be sent to you from the lugema GmbH warehouse. Your order will be processed in the lugema GmbH ordering system in the same way as an order via the online shop. Section 2 paragraphs 2 and 3 apply accordingly.
(4) For goods that are available in the warehouse store for immediate delivery (e.g. some accessories), the contract is concluded immediately and you will receive the goods directly after payment.
§ 2b Contract language
The conclusion of the contract in all variants (§§ 2a) takes place in German or English.
§ 3 Delivery, availability of goods
(1) Delivery times stated by lugema GmbH are calculated from the time of the automatic order confirmation, subject to prior payment of the purchase price. The delivery time is 10 days, unless a different delivery time is specified for the respective product in the online shop.
(2) If it is temporarily or permanently impossible for lugema GmbH to deliver the product you have selected, lugema GmbH will inform you of this by e-mail. In this case, a contract will not be concluded.
(3) The following delivery restrictions apply: lugema GmbH delivers from this shop worldwide, with the exception of delivery addresses in the USA and Canada. lugema GmbH reserves the right to temporarily or permanently exclude other countries from delivery due to political events or other circumstances; you will be informed of this on the lugema GmbH website.
§ 4 Retention of title
The delivered goods remain the property of lugema GmbH until full payment has been made.
§ 5 Prices, shipping costs and other costs
(1) All prices stated on the lugema GmbH website include the applicable statutory value added tax.
(2) General information about shipping costs can be found on the subpage ‘Shipping costs’ on the lugema GmbH website or in the order process in the online shop. The specific shipping costs for your order will be displayed during the ordering process. They are to be borne by you unless you make use of your right of cancellation. From an order value of 20 EUR and for all orders in the warehouse store, lugema GmbH delivers free of charge.
(3) The goods are dispatched by parcel post. The shipping risk is borne by lugema GmbH in accordance with the statutory provisions if you are a consumer.
(4) In the event of cancellation, you shall bear the direct costs of the return shipment.
(5) Import duties may be incurred for deliveries to countries outside the EU. The resulting costs (also insofar as they are charged by the transport company) are to be borne by you.
§ 6 Payment modalities
(1) You can pay in the online shop using the following payment methods: Credit card (Visa, Mastercard), Klarna (bank transfer), PayPal, Amazon Pay, Apple Pay, Google Pay and iDEAL (if you live in the Netherlands). If you are redirected to the page of your payment provider during the payment process, please also note the general terms and conditions of the respective payment provider.
(2) In the Lagerstore you can only pay in advance. You will receive a printed invoice.
(3) You can change the payment method saved in your customer account at any time.
§ 7 Warranty for material defects, no guarantee
(1) lugema GmbH shall be liable for material defects in accordance with the applicable statutory provisions on consumer protection and warranty law.
(2) An additional (no-fault) guarantee does not exist with regard to the goods supplied by lugema GmbH.
§ 8 Liability
(1) Claims against lugema GmbH for damages are excluded. Excluded from this are your claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations). Also excluded is liability for other damages that are based on an intentional or grossly negligent breach of duty by lugema GmbH, its legal representatives or vicarious agents. Essential contractual obligations (cardinal obligations) are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, lugema GmbH shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of lugema GmbH if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if lugema GmbH has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 9 Cancellation of the purchase contract
(1) Cancellation policy
Consumers have a statutory right of cancellation when concluding a distance selling transaction. Below you will find a brief explanation of your right of cancellation (a), the consequences of cancellation (b) and a sample cancellation form (c).
a) Right of cancellation
You have the right to cancel the contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise the right to cancel, you must inform lugema (lugema GmbH, Ostberger Str. 70b, 58239 Schwerte, Deutschland, hi@nimo.shop, Phone: +49 (0)2304 3079724) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, e-mail or a message via the contact form). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
b) Consequences of cancellation
If you withdraw from this contract, lugema GmbH 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 lugema GmbH), without undue delay and in any event not later than 14 days from the day on which lugema GmbH is informed about your decision to withdraw from this contract. For this repayment, lugema GmbH will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. lugema GmbH may refuse repayment until lugema GmbH has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any event no later than fourteen days from the date on which you notify lugema GmbH of the cancellation of this contract to
lugema GmbH, Ostberger Str. 70b, D-58239 Schwerte
to be returned. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. 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.
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Sample cancellation form (If you wish to cancel the contract, please complete this form and return it to us). – To lugema GmbH, Ostberger Str. 70b, D-58239 Schwerte, hi@nimo.shop – I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only for notification on paper) – Date (*) Delete as applicable. |
(2) Returns portal
In addition to the cancellation according to the above cancellation policy (paragraph 1), lugema gmbH offers you a simplified processing of your return on request: If you register your return via the returns portal, you will receive a prepared parcel label (returns label) with which you can hand in your parcel to DHL without separate payment. The shipping costs incurred by lugema GmbH will be deducted from the purchase price to be refunded. They amount to a flat rate of €3.50 for returns from Germany and €8.90 internationally.
You will be reimbursed for any shipping costs paid in the webshop when you return the complete order.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between lugema GmbH and you, excluding the UN Convention on Contracts for the International Sale of Goods and any provisions of international private law. Mandatory statutory provisions restricting the choice of law and the applicability of provisions, in particular of the country in which you as a consumer have your habitual residence, remain unaffected.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and lugema GmbH shall be the registered office of lugema GmbH.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
Status: 26 March 2024