General Terms and Conditions - General Terms and Conditions of Delivery and Payment
1. General information
1.1 Our deliveries, services and offers are made exclusively on the basis of the following General Terms and Conditions. They apply to all contracts, deliveries, services and offers, including consultancy services. Information and deviations from these General Terms and Conditions shall only be effective if we confirm them in writing. Our separate General Terms and Conditions apply to the service area of large fireworks.
1.2 All purchases by the Purchaser, offers and deliveries to the Purchaser are subject to these Terms and Conditions of Purchase. The inclusion of any terms and conditions of purchase of the purchaser in the contract is hereby expressly rejected. These shall not apply even if they are contained in a further letter of confirmation from the customer following our order confirmation and we do not object to them again. Silence in this respect means rejection. Insofar as our terms and conditions of business coincide with the customer's terms and conditions, the overlapping clauses shall apply, even if the customer's terms and conditions are otherwise hereby rejected. Any objection to these GTCs must be made in writing within 8 days of receipt of these GTCs and must be recognised in writing to become effective. This also applies to any defence clauses of the customer.
1.3 The following provision shall only apply to entrepreneurs within the meaning of Section 14 BGB. Consumers within the meaning of § 13 BGB are excluded from this provision. Our offers are subject to change with regard to price, quantity, delivery periods and delivery options. The customer is bound to his order for a period of 4 weeks from receipt of the order by us. The order shall only be deemed to have been accepted when it has been confirmed by us in writing. Delivery shall also be deemed acceptance of the order. Subsidiary agreements require our written confirmation to be valid, as does any change to an order already placed. If an ordered item is not available, we are entitled to replace it with a similar or equivalent item at the purchase price of the originally ordered goods.
2. scope of delivery
No warranted characteristics can be derived from our brochures, advertising material or demonstration items. This also applies to the documents attached to the contract documents (illustrations, drawings, weights and dimensions), unless they are expressly designated as binding. Minor deviations in size, colour and design customary in the industry shall not constitute grounds for complaints on the part of the customer.
3. shipping costs
The shipping costs for fireworks are higher than for ‘normal goods’, as these are dangerous goods and therefore place special demands on the logistics chain. Within Germany (mainland only, island delivery on request) the following shipping costs apply:
End consumer (all prices incl. VAT)
Transport group ‘no hazardous goods’: Free shipping from € 200 no minimum quantity surcharge. From € 100 shipping costs are € 7.95, without minimum quantity surcharge. For order values under € 100 shipping costs of € 7.95 and an additional € 4.95 minimum quantity surcharge apply. Transport costs of € 7.95 and an additional € 4.95 minimum quantity surcharge apply to order values under € 100.
Transport group 1.4S: Free shipping from € 200, no minimum quantity surcharge. From € 100, shipping costs of € 7.95 apply, without minimum quantity surcharge. For order values under € 100, shipping costs of € 7.95 and an additional € 4.95 minimum quantity surcharge apply.
Transport group 1.4G: Free shipping from € 750 on order values from € 300 that are less than € 750 we charge € 41.65 transport costs and on order values less than € 300 we charge € 41.65 transport costs and an additional € 11.90 for packaging costs (hazardous goods boxes).
Excluding advertising material/merchandise: Free shipping from € 200 up to € 200 we charge € 4.95 transport costs.
Dealers (all prices plus VAT)
Transport group ‘no hazardous goods’: Free shipping from € 500, we charge € 5 transport costs for order values of € 100 or more that are less than € 500 and € 5 transport costs and an additional € 5 minimum quantity surcharge for order values of less than € 100.
Transport group 1.4S: From € 500 free shipping, on order values from € 100 which are less than € 500 we charge € 15 transport costs and on order values less than € 100 there are € 15 transport costs plus € 5 minimum quantity surcharge.
Transport group 1.4G: Free shipping from € 1000, on order values from € 100 that are less than € 1000 we charge € 50 transport costs and on order values less than € 100 we charge € 50 transport costs and an additional € 10 for packaging costs (hazardous goods boxes).
Transport group 1.3G and 1.1G: Free shipping from € 3800, between € 1700 and € 3800 we charge transport costs of 15% of the order value and up to € 1700 transport costs of € 250. Packaging costs do not apply here.
Excluding advertising material/merchandise: Free shipping from € 500, up to € 500 we charge € 4.95 transport costs.
If you order items from different transport groups or dangerous goods classes, the shipping costs for the items from the highest dangerous goods class will always be charged for the entire shipment. For deliveries abroad, the customer must also pay customs duties and taxes (see https://www.nico-europe.com/versand-und-zahlungsarten). Important notes: Shipping costs only apply to currently available items (items shown in green in the NICO Europe Online Shop). Delivery of items in category 1.1G and 1.3G only possible until the end of November (order deadline is November 1st). Note on collections from the Wuppertal warehouse: It takes between 3 and 5 days for the goods to be made available. Pick-ups are also possible in December.
4. terms of payment, credit check and scoring
4.1 Unless otherwise agreed, our invoices are payable without deduction upon delivery (cash on delivery). Partial shipments shall be deemed independent with regard to fulfilment of the payment obligation.
4.2 If the payment deadline is exceeded, we shall be entitled, even without default, to charge interest from the due date at a rate of 8% above the respective base rate of the European Central Bank. If the customer is in default of payment, we may demand the immediate return of the goods. If we become aware of unfavourable circumstances regarding the creditworthiness of the customer after conclusion of the contract, or if the agreed terms of payment are not complied with, all our claims shall become due immediately.
4.3 If the customer is in arrears with the payment of due invoice amounts, we may exercise a right of retention for goods that are in an economic context or are in our safekeeping. The customer may avert the exercise of the right of retention by providing appropriate security.
4.4 We shall be entitled, notwithstanding any provisions of the customer to the contrary, to initially offset payments against the customer's older liabilities to us. If costs and interest have already been incurred, we shall be entitled to offset the payment first against the costs, then against the interest and finally against the principal performance.
4.5 The withholding of payments due to any counterclaims or offsetting by the customer is excluded, unless the claims are undisputed or have been recognised by declaratory judgement.
4.6 If we make advance payments, e.g. when purchasing on account, we reserve the right to obtain identity and creditworthiness information from specialised service companies (credit agencies) in order to protect our legitimate interests. For this purpose, we transmit personal data to Bürgel Wirtschaftsinformation GmbH & Co KG, Postfach 500 166, 22701 Hamburg or to the credit insurance company Euler Hermes Deutschland, Niederlassung der Euler Hermes SA, 22746 Hamburg for a credit check, with which the customer agrees. The credit report may contain probability values (score values) that are calculated on the basis of scientifically recognised mathematical-statistical procedures and whose calculation includes address data. We use the information obtained on the statistical probability of a payment default to make a balanced decision on the establishment, execution or termination of the contractual relationship. Your legitimate interests are taken into account in accordance with the statutory provisions.
5. Delivery and performance time, delays
5.1 Delivery deadlines are only binding after our written confirmation. An agreed period shall commence on the date of our order confirmation, but not before the customer has carried out all acts of co-operation incumbent upon it, in particular any agreed advance payment. The above shall also apply if delivery periods or dates have been expressly agreed as fixed.
5.2 In the case of deliveries, the delivery deadline shall be deemed to have been met if the delivery item has left our warehouse by the time it expires.
5.3 If we are in default, the customer may withdraw from the contract after expiry of a reasonable grace period granted to us.
5.4 We are entitled to make partial deliveries if these are contractually agreed or: if the partial deliveries can be used by the customer within the scope of the contractual purpose, the deliveries of the remaining ordered goods are ensured and the customer does not incur any significant additional work or additional costs as a result (unless we agree to bear the additional costs).
5.5 We shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy and raw materials, difficulties in obtaining the necessary official permits, official measures, blocking of fireworks products by quality assurance, or the failure of suppliers to deliver, to deliver correctly or on time, or transport bans in accordance with ADR in the event of snow, slippery conditions, poor weather conditions) for which we are not responsible. If such events make delivery or performance significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we are entitled to withdraw from the contract. In the event of hindrances that are only of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by immediate written declaration to us.
5.6 If our sources of supply are cancelled in whole or in part through no fault of our own, we shall not be obliged to obtain supplies from other suppliers. In this case, we shall be entitled to divide up available quantities of goods.
6. default of acceptance
In view of the provisions of the Explosives Act to be observed when delivering and storing pyrotechnic products and the special dangers arising in this respect when handling the aforementioned products, the customer is obliged, at our express request, to agree a binding delivery date with us. This is an obligation to co-operate within the meaning of § 295 BGB. If the customer does not respond to a corresponding request on our part, the customer shall be in default of acceptance with regard to our delivery obligation. The same shall apply if the customer does not actually accept the goods offered to him. If the customer does not agree a binding delivery date with us even after a grace period of at least 3 days has been set or if he does not accept the goods actually offered to him after the expiry of the grace period, we shall be entitled to claim damages for non-performance or to withdraw from the contract.
7. cancellation/contractual penalty
The following provision shall only apply to entrepreneurs within the meaning of Section 14 BGB. Consumers within the meaning of § 13 BGB are excluded from this provision. Notwithstanding the possibility of claiming higher damages, we are entitled to claim the following compensation without proof in the event of cancellation or unilateral cancellation of the contractual relationship by the customer:
- 15% of the gross order value for cancellations up to the time of commissioning of the ordered goods,
- 25% of the gross order value after commissioning of the ordered goods up to the time of handover to the delivering forwarding agent,
- 35% of the gross order value after handover of the commissioned goods to the delivering forwarding agent, as long as the delivery has not yet been carried out,
- 45% of the gross order value if the goods are not accepted by the customer on delivery, plus the usual local or proven forwarding costs.
8. Consequences of default
8.1 If we are responsible for failure to comply with bindingly agreed deadlines and dates or if we are in default, the customer shall be entitled to compensation for default in the amount of 1% of the invoice value for each completed week of default. In total, however, up to a maximum of 10% of the deliveries and services affected by the delay
8.2 Any further claims are excluded, unless the delay is due to gross negligence.
9. Transfer of risk
The following provision shall only apply to entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are excluded from this provision. The risk - including the risk of accidental loss - shall pass to the customer when the delivery item is handed over to the forwarding agent, carrier or other third party appointed to carry out the shipment. This shall also apply if partial deliveries are made. If dispatch or handover is delayed due to a circumstance caused by the customer, the risk shall pass to the customer from the day on which the delivery item is ready for dispatch and we have notified the customer of this.
10. reservation of title
10.1 Until the fulfilment of all claims arising from this and other transactions to which we are entitled against the customer now or in the future, regardless of the legal grounds, we shall be granted the following securities, which we shall release on request at our discretion, insofar as their value exceeds our claim by more than 20%.
10.2 The goods shall remain our property until they have been paid for in full. The customer is authorised to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledging or transfer by way of security of the goods provided is not permitted. By way of security, the customer assigns in full any claims arising from the resale or on any other legal grounds (unauthorised action and insurance) in respect of the goods subject to retention of title. The customer is revocably authorised to collect the assigned claim for our account in his own name. This authorisation to collect may be revoked if the customer does not properly meet his payment obligations.
10.3 In the event of seizure, confiscation or other dispositions by third parties, the customer must draw attention to the existing ownership situation and inform us immediately.
10.4 In the event of behaviour contrary to the contract on the part of the customer, in particular default of payment, we shall be entitled to take back the reserved goods or, if necessary, to demand assignment of the customer's claims for restitution against third parties. The taking back or seizure of the reserved goods shall not constitute a cancellation of the contract, unless the Instalment Purchase Act applies.
11. warranty
11.1 If our goods are defective or lack warranted characteristics, we undertake, to the exclusion of other warranty claims, to make subsequent delivery or issue a credit note at our discretion.
11.2 The warranty period is 6 months and begins on the date of delivery.
11.3 The customer is obliged to inspect the goods received on delivery for completeness and obvious transport damage. He must report any shortages or damage to the carrier and have the carrier record and acknowledge the facts. The customer is also obliged to inspect the goods immediately after delivery. Obvious defects must be reported to us in writing immediately, but at the latest within 7 days of receipt of delivery. Defects that cannot be discovered within this period, even after careful inspection, must be reported to us in writing immediately after discovery. The defective goods must be kept ready for inspection by us in the condition in which they were at the time of discovery of the defect.
11.4 A breach of the above obligations shall result in the exclusion of any warranty rights. If the replacement delivery is also defective, or if it cannot be provided within a reasonable period of time, the purchaser shall be entitled to reduce the purchase price appropriately or to withdraw from the contract.
11.5 We are available to the buyer to the best of our knowledge to provide information and advice on the use of the products sold by us.
12. export prohibition clause
12.1 The customer is expressly prohibited from exporting the goods purchased from us, in particular not to the USA or Canada. He undertakes neither to export the goods himself nor to have them exported by third parties. He is aware that other countries have different rules regarding the purchase, distribution and authorisation requirements for the use of pyrotechnic products.
12.2 The customer shall be liable for all damage caused abroad, in particular in the USA or Canada, by our goods purchased by him.
12.3 In this case, he shall indemnify us against all possible claims for damages by third parties.
13. Intended use, modifications
13.1 Any modification and improper use of the goods supplied by us is prohibited.
13.2 Modifications and improper use of our goods are prohibited and violate statutory provisions and may result in liability claims and criminal prosecution.
13.3 This also applies to the legibility of legally prescribed texts such as instructions for use, product information and authorisation information. Covering, pasting over or removing these texts is not permitted.
13.4 The use of our goods is only permitted in accordance with the instructions for use.
14. alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
15 Applicable law, courts, partial invalidity
15.1 These Terms and Conditions and the entire legal relationship between us and the Customer shall be governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
15.2 If the customer is a registered trader within the meaning of the German Commercial Code, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
15.3 Should a provision in these terms and conditions be or become invalid, this shall not affect the validity of all other provisions. Insofar as the contract or the General Terms and Conditions of Delivery and Payment contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had been aware of the loophole. We refer at this point to the applicable provisions on the handling and circulation of pyrotechnic articles. Please make absolutely sure that the persons involved in the handling and transport of pyrotechnic articles and the dispatch of dangerous goods must be instructed (e.g. Chapter 1.3 ADR).
Status: January 2025