The following Terms and Conditions apply to all users using
www.nindie.com operated by Koch Media Limited ("Koch"), The Bullpens,
Manor Court, Herriard, Hampshire, RG25 2PH. Please read these Terms and
Conditions carefully before giving your consent to these terms.
The Nindie.com retail shop on the internet is operated by KOCH.
The following terms and conditions apply to deliveries made by KOCH on
behalf of Nindie.com to any customer. The customer confirms having read
and agreed to them.
Different conditions set by the customer will not be acknowledged
by KOCH unless KOCH explicitly approves them in writing. The contractual
partner is as follows:
KOCH Media Limited, The Bullpens, Manor Court, Herriard, Hampshire, RG25 2PH. Telephone 0870 027 8700
1. Conclusion of Contracts
The customer's order constitutes a binding offer of contract. The
contract is only concluded once the products have been delivered in
accordance with the conditions denoted on the delivery note. Please
check the order confirmation for any errors or deviations and inform us
immediately of any discrepancies
(e-mail:
ukoffice@nindie.com; please also specify the shop in question).
Only orders from customers who are 18 years or older can be
accepted. Orders made by minors or persons under guardianship are
subject to the consent of a legal guardian.
2. Prices and Forwarding Charges
Unless other agreements are made, the following provisions apply:
The prices indicated exclude the legal value-added tax (VAT) stipulated in each country.
An additional charge of £2 + VAT will be applied to each order for
postage and packaging, regardless of the value of the order. If two or
more deliveries should be required for one order, postage fees will only
be charged for the first delivery.
The customer will not be required to pay any additional charges
for the use of communication methods (particularly fax, telephone and
e-mail) when ordering.
3. Delivery
Delivery will be made to the delivery address specified. Koch reserves the right to effect partial deliveries if necessary.
If the goods are in stock, delivery will take place within two to
three working days; otherwise it will take place within ten working
days. These time periods and dates are non-binding. If delivery cannot
be effected within 2 weeks of the placement of the order, the customer
may withdraw his/her order as long as no other agreement was made.
4. Terms of Payment
Payment of the delivered goods' price is due immediately upon
delivery and without deductions. Such payment to be made by credit or
debit card.
5. Retention of Title
The delivered goods remain the property of Koch until payment of the selling price has been effected in full.
6. Liability for Defects
Should the goods be defective, the customer has the right to
demand rectification of the defect or delivery of defect-free goods. If
the rectification of the defect is economically unacceptable for the
supplier, a compensation delivery shall be made.
If no rectification or compensation takes place, the customer may
withdraw from the contract, thereby annulling it, or demand lowering of
the price or damages. If the customer withdraws from the contract, the
right to demand damages no longer applies.
If the customer chooses to demand damages, the goods remain with
the customer if acceptable. The damages are limited to the difference
between the price and the actual value of the defective goods. This does
not apply if the vendor has committed a fraudulent breach of contract.
The burden of proof of the defect lies with the customer.
Any further claims on the part of the customer are barred unless
otherwise stated in the following. Liability is limited in so far as
such limitations are legally permissible, at least Koch is not liable
for damages to any other than the delivered goods such as loss of
profits or other financial losses on the part of the customer. In the
case of a negligent breach of essential clauses of the contract,
liability is limited to the typically ensuing damages.
The limitation period is two years from the delivery of the goods to the customer.
The customer must submit a written complaint about damaged goods
within two months of discovering the defect. If the customer does not do
so, the rights of guarantee expire. Please request a return from our
customer service team on 0870 027 8707 and then send the goods to the
specified address. The burden of proof of the time at which the defect
was noted lies with the customer.
7. Data Protection/Cookies
The personal data required in order to conclude the sales contract
are supplied by the customer. will act in accordance with its Privacy
Statement.
Credit card information is transferred in SSL (Secure Socket
Layer) encrypted form to a payment gateway directly connected to the
credit card inspection authority. The data are verified online. Payment
is debited only after the goods are despatched.
8. Applicability of Law
For customers whose billing address is in England, Wales or
Northern Ireland, then English law applies; for customers whose billing
address is in Scotland, Scottish Law applies, any other country within
the EU Austrian law applies; the UN Convention on Contracts for the
International Sale of Goods (CISG) is excluded.
9. Severability Clause
Should one of these conditions be null and void, this will not
affect the validity of the remaining conditions. An ineffective
condition shall be replaced by one that fulfils the economically
intended purpose of the condition that has become null and void as
closely as possible.
10. General liability
Koch excludes all liability (whether in tort, contract or
otherwise) to the fullest extent permitted by law, for any loss or
damage that may result to you or a third party in connection with the
use of this website, except where loss is caused by Koch’s intent or
fraud or that of its employees or agents.
In no circumstances will Koch be liable to you or any other third
parties for any loss or damage (whether direct or indirect, including
loss of profits, loss of opportunity or any consequential loss)
resulting from or in any way connected with your use of the website or
its content, whether caused by negligence, misrepresentation, breach of
any statutory duty, or breach of contract or otherwise.
Koch does not seek to exclude liability for personal injury or for
damage to health or death caused by its negligence or that of its
employees or agents.
In particular, but without limitation, Koch shall not be liable
for any loss, delay, alteration, manipulation and/or misdirection of
e-mails and/or data in respect of the input, collection, transfer and/or
transfer of the data which is caused by other data networks, in
particular the Internet or www respectively, telephone lines and/or
hardware or software of the subscriber and/or third party. This shall in
particular also apply to faulty, incomplete, interrupted, deleted or
defective data.
If, notwithstanding the provisions of this clause, Koch is held
liable for loss or damage suffered by you, that liability is limited as
follows:
The liability is limited to such damages as might typically be
expected to occur as a result of the action causing the damage at the
time that this agreement was concluded;
the liability for loss of data is limited to the cost of recovery
of the data that would have been incurred if a regular production of
back-up copies appropriate to the risk involved had been made, unless
you can prove that the loss of data would also have occurred if proper
back-up copies had been made.
Koch has not approved or checked any third party sites linked to
this site and is not responsible or liable in any way for their content.
Your use of such third party sites will be subject to the terms and
conditions of those sites, and is entirely at your own risk.
11. Intellectual Property Rights
Save as may be incidental to you obtaining authorised access to
the content on this website, you must not reproduce, download, transmit
or retransmit, manipulate or store on paper, electronic media
(including, but not limited to any database or any part of the
Internet), CD Rom or other offline product on any other format in whole
or in part the design and layout of the website or the information or
material published on the pages of it.
All content on this website, including articles, artwork, screen
shots, graphics, logos, digital downloads and other files, is the
property of Koch, unless owned by a third party and approved for use by
Koch, and is protected by UK and international copyright, trademark and
other intellectual property laws. Trademarks and copyrights for
third-party games and characters are owned by the companies that market
or license those products.
All content on this website, including articles, artwork, screen
shots, graphics, logos, digital downloads and other files, may not be
used on any other web site, in any publications, in public performances,
in connection with any product or service that is not Koch’s, in any
manner that is likely to cause confusion among customers, in any manner
that disparages or discredits Koch or its third-party partners , or in
any manner that is otherwise exploitative for any commercial purpose or
that otherwise infringes Koch’s or its third-parties intellectual
property rights.
12. Applicable law
The laws of the United Kingdom shall apply to these Terms and
Conditions to the exclusion of the UN Sales Convention on Contracts for
the International Sale of Goods. If you access this website from the
territory of Ireland, certain Irish laws may also apply.
13. Customer Services
Please call 0870 027 8707 or e-mail
ukoffice@nindie.com if you have any questions relation to your order.