Terms of service

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (NAIMO Trade UG) via the website https://palestine-drinks.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is expressly rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract for the purchase of the goods via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Proceed to Order" button (or a similar label) and entering your personal data, payment, and shipping conditions, the order data will be displayed as an order overview.


If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment provider.
If redirected to the respective instant payment system, please make the appropriate selection or input your data. The order data will then be displayed as an order overview on the website of the instant payment provider or, after returning to our online shop.


Before submitting the order, you have the opportunity to review and modify the information in the order overview or cancel the order altogether (using the "back" function of your internet browser).
By submitting the order via the corresponding button ("place binding order," "buy now," "place paid order," "pay now," or similar label), you declare your acceptance of the offer in a legally binding manner, and thus the contract is concluded.
 
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, partly automated. Therefore, you must ensure that the email address you provided is correct, that the receipt of emails is technically ensured, and particularly that it is not blocked by spam filters.

§ 3 Special Agreements on Payment Methods Offered

(1) Payment via SOFORT / Sofortüberweisung
If you choose the payment method SOFORT / Sofortüberweisung, the payment processing will be carried out by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The use of the SOFORT payment method requires that you have an online banking account enabled for this service. During the payment process within the order, you must authenticate yourself and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after the order is placed. For more information about SOFORT, please visit https://www.klarna.com/sofort/.
 
(2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," the payment processing will be handled by PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available through "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online order process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed separately. For more information about "PayPal," please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following provisions apply in addition:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer of ownership is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale in the amount of the invoice value, and we accept the assignment. You remain authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.


§ 5 Warranty

(1) The statutory defect liability rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed of the deviation by us prior to submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the product description of the manufacturer are considered agreed upon as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we provide warranty at our discretion by repair or replacement. If the defect remediation fails, you may demand a price reduction or withdraw from the contract. The defect remediation shall be deemed unsuccessful after the second attempt unless something else results from the nature of the goods, the defect, or the other circumstances. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:

- to damages attributable to us caused by injury to life, body, or health, and in case of other damages caused by gross negligence or willful misconduct;

- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;

- for items that have been used for a building in accordance with their usual use and caused its defectiveness;

- for statutory recourse claims that you have against us in connection with defect rights.


§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection provided by mandatory provisions of the law of the state of