Terms and Conditions

These General Terms and Conditions apply to all orders placed via our online shop. Your contracting party is NIMAX GmbH, Otto-Lilienthal-Str. 9, 86899 Landsberg am Lech, Germany (hereinafter “we”).

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB). A business is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession (Section 14 BGB).

Only these Terms and Conditions apply. We do not accept deviating terms of businesses unless we have expressly agreed to them in writing.

Ordering process and correction of input errors
The presentation of goods in our online shop does not constitute a legally binding offer but a non-binding invitation to place an order.

You place the desired goods in the shopping basket and proceed to checkout. There you enter your billing and delivery address and choose the shipping method and payment method. Before submitting the order, you see all details on an overview page and can correct input errors there or by using the back function of your browser.

By clicking the button “Order now”, you submit a binding offer to conclude a purchase contract.

Acceptance
After receipt of your order, you will receive an automatic order confirmation by email. It only confirms receipt of the order and does not constitute acceptance of your offer. The contract is concluded when we accept your order by sending an order acceptance by email or by delivering the goods.

Contract languages
The contract can be concluded in German, English, French, Italian, Dutch, Polish, Portuguese, Romanian, Swedish and Spanish. The contract language is the language of the shop in which you place your order.

Export control
For goods subject to export control regulations, section 8 applies in addition.

Shipping costs depend on the number and weight of the parcels and on the country of delivery. An overview can be found in our shipping cost table. The exact shipping costs are shown in the shopping basket after you have entered the delivery address and before you complete your order.

The prices stated are final prices including statutory value added tax. For delivery addresses outside the European Union, the prices stated are net prices excluding value added tax. Customs duties, taxes and fees of the country of destination may additionally be incurred for such deliveries.

The purchase price is due upon conclusion of the contract. For payment in advance, we ship the goods after receipt of payment.

The following payment methods are available:

• Credit card (Visa, Mastercard and American Express)
• iDEAL (only in the astroshop.be shop)
• Bancontact (only in the astroshop.be shop)
• PayPal
• Payment in advance by bank transfer (you receive a 1 % cash discount on the invoice amount; items subject to fixed book prices are excluded)
• Cash on delivery (where offered in the country of delivery, plus cash on delivery fee)

We reserve the right to exclude individual payment methods in individual cases.

The goods delivered remain the property of NIMAX GmbH until payment has been made in full.

The buyer undertakes to comply with all applicable national, European and international export control regulations when using, passing on or exporting the goods delivered. In particular, the buyer undertakes not to use the goods for military purposes or in connection with the development, production or use of nuclear, biological or chemical weapons or their delivery systems.

If our delivery requires an authorisation under export control law (e.g. from the German Federal Office for Economic Affairs and Export Control, BAFA), the contract is subject to the condition precedent that this authorisation is granted. If it is not granted, the contract is not concluded; we will refund any payments already made without undue delay.

If the buyer exports or passes on the goods themselves, they are themselves responsible for the authorisations required for this.

(applies exclusively to businesses within the meaning of Section 14 BGB)

If the buyer culpably breaches one of the obligations set out in section 8.1, we may demand a reasonable contractual penalty. We determine its amount at our reasonable discretion; in the event of a dispute, it can be reviewed by the competent court. The contractual penalty is limited to the net order value of the goods concerned.

(applies exclusively to businesses within the meaning of Section 14 BGB)

Further claims for damages remain unaffected; a forfeited contractual penalty is credited against them. The buyer indemnifies us against all damage, expenses and costs incurred by us as a result of a culpable breach of export control obligations by the buyer, including reasonable legal costs, insofar as these are recoverable by law.

The buyer informs us without undue delay if they become aware of any breaches or threatened breaches of export control or dual-use regulations in connection with the goods delivered.

Consumers have a right of withdrawal for distance contracts in accordance with the following instructions.

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 last good.

To exercise the right of withdrawal, you must inform us (NIMAX GmbH, Otto-Lilienthal-Str. 9, 86899 Landsberg am Lech, Germany, telephone: +49 8191 94049-61, email: ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online at “withdraw from contract here”. If you use this online feature, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay.

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.

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.

You shall send back the goods or hand them over to us 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 will have to bear the direct cost of returning the goods. For goods which, by their nature, cannot normally be returned by post (freight goods), the cost is estimated at a maximum of approximately EUR 100 for returns from within Germany, at a maximum of approximately EUR 200 for returns from another Member State of the European Union and at a maximum of approximately EUR 250 for returns from a country outside the European Union.

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 the instructions on withdrawal

There is no right of withdrawal for contracts for

• the supply of goods made to the consumer’s specifications or clearly personalised,
• the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
• the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,
• the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,
• the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

(complete and return this form only if you wish to withdraw from the contract)

To
NIMAX GmbH
Otto-Lilienthal-Str. 9
86899 Landsberg am Lech
Germany
Email:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the 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),

Date

(*) Delete as appropriate.

If the packaging shows externally visible damage on delivery, we ask you to refuse acceptance with a corresponding note to the delivery person (please note the name of the delivery person) or to check the contents in the presence of the delivery person for completeness and, as far as possible, for proper condition. In any case, we ask you to have a damage report drawn up.

If damage is only discovered after opening the packaging, please contact us immediately so that we can report the damage to the transport company (telephone: +49 8191 94049-61, email: ). Please keep the packaging unchanged as evidence and do not use the damaged goods. Photos of the damage are very helpful to us.

Please also contact us in the event of an incorrect delivery before returning the goods. If the complaint is justified, we bear the return shipping costs.

The above requests serve the processing with the transport company. If you do not comply with them, this has no effect on your statutory rights, in particular your rights in respect of defects. In relation to merchants, the duty to inspect and give notice of defects under Section 377 of the German Commercial Code (HGB) remains unaffected.

11.1 The following applies to consumers:
The statutory rights in respect of defects apply. Claims for defects become time-barred two years after delivery of the goods. For used goods, a period of one year only applies if you were specifically informed of this before placing your order and we have expressly and separately agreed this with you.

If a defect is remedied by repair, the original limitation period is extended once by twelve months. If the law of the country in which you have your habitual residence provides for rules that are more favourable to you, those rules apply.

11.2 The following applies to businesses:
For newly manufactured goods, the limitation period for claims for defects is one year from the transfer of risk. For used goods, claims for defects are excluded.

11.3 Exceptions
The limitations in sections 11.1 and 11.2 do not apply

• to claims for damages arising from injury to life, body or health,
• to damage caused by intent or gross negligence on the part of NIMAX GmbH, its legal representatives or vicarious agents,
• in the event of fraudulent concealment of a defect,
• where a guarantee has been given,
• to claims under the German Product Liability Act (ProdHaftG).

11.4 The statutory provisions on the suspension of limitation and on recourse under Sections 445a, 445b and 478 BGB remain unaffected.

11.5 Manufacturer guarantees apply in addition to the statutory rights in respect of defects and do not restrict them. The conditions are set out in the respective guarantee statement.

11.6 Complaints procedure
If you discover a defect, please contact our customer service: by email to , by telephone on +49 8191 94049-61 or by post to NIMAX GmbH, Otto-Lilienthal-Str. 9, 86899 Landsberg am Lech, Germany. We will then let you know how to return the goods. Please return the goods in their original packaging if possible, or in packaging suitable for transport, together with the accessories needed for inspection and repair. Photos, videos or a short description of the fault help us to process your complaint. These requests make processing easier; they are not a condition for your statutory rights.

If the complaint is justified, we bear the costs required to remedy the defect, in particular the costs of shipping the goods to us and back to you.

11.7 Note on astronomical equipment
The performance of astronomical equipment, such as a telescope, a mount or an astronomy camera, also depends on circumstances outside the equipment itself. These include, for example, the weather, atmospheric turbulence (seeing), light pollution, the instrument’s adjustment to the ambient temperature, collimation and set-up, and the software and accessories used. If observation or imaging results fall short of your expectations solely for such reasons, this does not constitute a defect in the goods. Your statutory rights in respect of defects remain unaffected.

We are liable in accordance with the statutory provisions.

Content on these web pages protected by copyright may not be copied, modified, exploited or distributed without our written consent.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

If the buyer is a merchant (Kaufmann within the meaning of the German Commercial Code), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is Landsberg am Lech, Germany.

We endeavour to settle any disagreements arising from the contract amicably. For disputes with a value in dispute of more than EUR 500, we are willing to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes (Federal Universal Arbitration Board), Zentrum für Schlichtung e. V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.universalschlichtungsstelle.de. For disputes with a value of up to EUR 500, we do not participate in such proceedings.

Participation in the affiliate programme is governed by the participation conditions applicable at the time. Claims to payouts or to reimbursement of advertising costs exist only in accordance with these conditions.

Should individual provisions of these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the contract and of the remaining provisions.