Terms and conditions and cancellation

General terms and conditions of Nyctophilia OHG

1. Validity towards entrepreneurs and definitions of terms

(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.

A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).

2. Formation of a contract, storage of the contract text

(1) The following regulations regarding the conclusion of a contract apply to orders placed via our internet shop http://www.nyctophilia-shop.de.

(2) In the case of the conclusion of the contract, the contract occurs with

Nyctophilia OHG
Christin Leibing, Elisabeth Unger
Landwehr 5
D-22087 Hamburg
Register number HRA124917
Register court Hamburg district court


(3) The presentation of the goods in our online shop does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) When an order is received in our online shop, the following rules apply: The consumer submits a binding contract offer by successfully completing the order procedure provided in our online shop.

The order takes place in the following steps:

1) Selection of the desired goods
2) Confirm by clicking the “Add to cart” button
3) Check the information in the shopping cart
4) Press the “Checkout” or “Continue to Checkout” button
5) Registration in the internet shop after registration and entry of the applicant details (e-mail address and password).
6) Another check or correction of the respective entered data.
7) Binding sending of the order by clicking the button “Buy now”

Before submitting the binding order, the consumer can return to the website on which the customer’s details are recorded and correct or correct input errors by pressing the “Back” button contained in the internet browser he is using after checking his details Close the Internet browser to cancel the ordering process. We confirm receipt of the order immediately by an automatically generated email (“order confirmation”). With this we accept your offer.

(5) Storage of the contract text for orders via our internet shop: We save the contract text and send you the order data and our terms and conditions by email. You can view the terms and conditions at any time at https://nyctophilia-shop.de/agb-und-widruf/. You can view your past orders in our customer area under>

3. Prices, shipping costs, payment, due date

(1) The prices shown include VAT and other price components. There are also shipping costs.

(2) The consumer has the option of payment in advance by bank transfer or PayPal PLUS (PayPal, direct debit, credit card, purchase on account).

(3) If the consumer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract, but at the latest within 7 working days after purchase. If this is not the case, the order will be cancelled and the item(s) will be released for sale again.

4. Delivery

(1) Unless we have clearly stated otherwise in the product description, all of the items we offer are ready for immediate dispatch. In this case the delivery takes place within 4 working days at the latest. In the case of payment in advance, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer and, for all other payment methods, on the day after the contract is concluded. If the period ends on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold item also passes to the buyer only when the item is handed over to the buyer.

5. Retention of title

We reserve ownership of the goods until the purchase price has been paid in full.

6. Right of withdrawal of the customer as a consumer:

Right of Withdrawal

Consumers have a right of withdrawal in accordance with the following stipulation, whereby consumers are any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity:

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must contact us

Nyctophilia OHG
Christin Leibing, Elisabeth Unger
Landwehr 5
D-22087 Hamburg
email chrissi@nyctophilia-shop.de

of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use a standard withdrawal form, but this is not mandatory.

Consequences of withdrawal

If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

End of revocation

7. Withdrawal form

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

Nyctophilia OHG
Christin Leibing, Elisabeth Unger
Landwehr 5
D-22087 Hamburg
email: chrissi@nyctophilia-shop.de

Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following goods (*)


Ordered on (*) / received on (*)


Name of the consumer (s)


Address of the consumer (s)


Signature of the consumer (s) (only for notification on paper)




(*) Delete where inapplicable.

8. Warranty

The statutory warranty regulations apply.

9. Contract language

As contract language german will be available exclusively.

10. Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and §36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure.

11. Customer service

Our customer service for questions, complaints and complaints is available on weekdays from 10:00 a.m. to 8:00 p.m.

phone: +49 40 36 939 680
email: chrissi@nyctophilia-shop.de


As of January 2022