§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier
(Nays GmbH) via the www.naysbaits.com website. Unless otherwise agreed upon, the
inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally
responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. If you use the ‘PayPal – Express’ quick-payment system by clicking the correspondingly-marked button that is integrated into the shop system, you shall be directed to the PayPal log-in page. After a successful log-in procedure, your address data and account data that have been saved with PayPal are displayed. The ‘next’ button leads you back to the order
overview page in our online shop. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. When the order is placed using the “purchase” button, you are considered to have made a binding offer to us. You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question. If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored
without undue delay.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail
address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is
guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Liability
(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health.
Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is
fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and
in all other legally regulated cases.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation
in our customer information (Part II).
(3) If the situation in question relates to important contractual obligations and involves minor negligence, our
liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the
situation in question involves violations of obligations associated with light negligence.
(5) The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly
The products are delivered all over the world.
Dispatch costs (inclusive of legally applicable VAT)
Deliveries within Germany:
We charge lump sum shipping costs of 4,00 € per order. From a order value of 80,00 € onwards, we deliver shipments free of cost.
Deliveries to foreign countries:
We charge a lump sum shipping cost for deliveries to foreign countries as follows:
Belgien: 6,50 EUR
Dänemark: 6,50 EUR
Niederlande: 6,50 EUR
Österreich: 6,50 EUR
rest Europa: 7,90 EUR
Worldwide: 17,90 EUR
Unless any other period is specified in the item description, the product is delivered in Germany within 2 – 4 days, in case of foreign deliveries, within 5 – 7 days after the order confirmation (in case an advance payment has been agreed upon, after the payment authorisation). Please note that deliveries are not made on Sundays and other holidays.
Terms of payment
In case of deliveries within Germany, you have the following payment options:
– Prepayment via transfer
– Payment via credit card
– Payment via PayPal
In case of deliveries to a foreign country, you have the following payment options:
– Prepayment via transfer
– Payment via credit card
– Payment via PayPal
Further details on payment
If payment is made using a credit card, your credit card account is debited in conjunction with the shipping of the goods. In case of an overseas delivery for which payment is made using a credit card, your credit card account is debited in conjunction with the conclusion of the contract.
In case of questions, please contact us.: email@example.com