§ 1 area of application

1. To the business relation between Nicky Creation AF GmbH (in the following AF) and the orderer apply excluding the following general trading conditions in their at the time of the order valid version. Nicky Creation is the trade name of the AF management consultation and participation GmbH, Pastor-Kruse-Str. 22, 33719 Bielefeld
2. Within the range of the commercial course of business hereby expressly one contradicts to counter attestations under the reference to business and purchasing conditions. This applies also to the case, that these by confirmation letters were conveyed. AF recognizes deviating conditions of the orderer not on, it is, AF would have agreed expressly in writing their validity.
3. Far agreements remain of it unaffected, require however writing.

§ 2 contract conclusion

1. Their order represents an offer at us for the conclusion of a sales contract. If you give an order up with AF, we send a E-Mail to you, those the entrance of your order with us confirms and their details implements (order confirmation). This order confirmation does not represent acceptance of your offer, to separate is you about it to only inform, that your order was received with us. A sales contract comes off only then, if we dispatch the ordered product to you and confirm the dispatch to you with a second E-Mail (dispatch confirmation). Over products from the same order, are not specified in the dispatch confirmation, no sales contract comes off. Contracting party is the AF GmbH designated above, Bielefeld. As a customer you are so far not differently agreed upon bound for 14 days to your order.
2. This does not apply to products and services, on our web page as foreign achievements are characterized. The sales contract comes then directly with the offerer to conditions and it apply with this agreed upon conditions.
3. AF does not offer products for the purchase and use by persons under age. Also products those separately characterized for children to be offered, can be bought only by adults. All of us refugee dolls are artist dolls (if particularly not marked) or serve as raw model for an artist doll. This means the fact that they are not subject to the guideline for toy, and/or the CE standard and in no case as play dolls to children under 14 years passed on, given away and may be sold. The orderer should order those with us goods nevertheless children (s.o.) make, release he AF accessible by any adhesion for all damage to him or third party already now by his behavior to be caused.
4. Please you note that we sell all products only in household-usual quantities. 
5. All quotations contain all taxes and other preisbestandteile. Additionally supply and forwarding expenses result and in the context of the concrete offer are separately proven.

§ 3 revocation

1. To the consumer after § 312d and § a right of revocation is entitled to 355 BGB. The period of revocation begins with the time, to which the customer a clear arranged instruction over his right of revocation, which makes according to the requirements of assigned means of communication its rights clear for it, was placed, on a durable data medium to the order. The period does not begin however the day ago of the entrance of the commodity with the consumer. The period of revocation amounts to two weeks. The revocation does not require reason. For period keeping the punctual sending off of the revocation in text form is sufficient to the AF GmbH, Pastor-Kruse-Str. 22, 33719 Bielefeld. A right of revocation does not exist with contracts for the supply of goods, which - after kundenspezifikation to be made, or - contracts to supplies of audio and videoaufzeichnungen or of software, if the supplied data media were unsealed by the consumer.
2. With orders up to an amount of euro 40 the customer has to bear the regular cost of the return. For warenruecksendungen, which exceed an amount of euro 40, AF takes over the transport costs. Considerably the postage costs of the DHL, beyond that going postage costs, are which result to the consumer from a return freed from it over another offerer, or auxiliary costs of unfree transmissions, cannot be returned. For large pieces starting from 15 kg AF arranges the collection of the commodity with the consumer. The collection of the commodity can be requested by telephone with the AF, by fax or by email.
3. The consumer has to carry indemnification according to value out for a degradation resulted from the intended use of the commodity, it is, the degradation is exclusive to the examination of the commodity to be due. In the context of the avoidance of a degradation of the commodity with intended putting into use we recommend to let the installation of individual components accomplish technical personnel authorized by dolls by. The consumer has to carry also during return without original packaging if necessary indemnification according to value out. Please you waive therefore the original packaging and use you the equipment only if you decided itself to make from your right of revocation no use. 
4. If the consumer financed the present Treaty by a loan and explains the revocation of the financed contract, it is bound no more also to the loan agreement, if both contracts form an economical unit. This is to be accepted in particular, if AF is at the same time money lender or if the money lender of the consumer avails himself of a co-operation of the AF regarding the financing. If the AF the loan already flowed with taking effect of the revocation or the return, the consumer can adhere because of the back completion not only by the AF, but also to your money lender.

§ 4 supply/transport/passage of the risk

1. If differently does not agree, the supply takes place starting from the camp from AF to the ship-to-address indicated by the orderer. Data over the time for delivery are noncommittal, as far as exeptionally the date of delivery was not obligatorily assured
2. If AF without own being to blame for is not for the supply of the ordered commodity able, because the supplier of AF does not fulfill his contractual obligations, AF the orderer is entitled in relation to to the resignation. In this case the orderer is informed immediately about the fact that the ordered product is not available. The legal requirements of the orderer remain unaffected.
3. As far as a supply is not possible to the orderer, because the supplied commodity does not fit by the eingangstuer, entry door or the staircase of the orderer or because the orderer is not found under the ship-to-address indicated by it, although the point of delivery time was announced to the orderer with appropriate period, the orderer bears the cost of the unsuccessful delivery.
4. If the disregard and/or the delay of an agreed upon time for delivery is on higher force, work fight, fire, to lead back unexpected obstacles or other circumstances which can be represented from AF not the time for delivery is extended for the duration of these events. This applies according to the case that AF is with entrance of one of these events in the failure to deliver.
5. For the case of an achievement prevention (in the sense of number 4) of more than one month AF and the customer are entitled to withdraw concerning the supply in delay from the contract. During disregard of the date of delivery from others than in number 4 reasons mentioned a ruecktrittsrecht exists only for the customer. For the resignation by the customer it is necessary that it in writing set the AF an appropriate respite of at least two weeks with refusal menace.
6. In the commercial course of business AF is to be furnished entitled partial deliveries.
7. With the delivery to the transport enterprise the danger turns into on the customer. This applies, even if partial deliveries take place or AF took over additional achievements, e.g. transport costs or delivery. The consumer good purchase is excluded from this regulation.
8. By the delivery to the transport enterprise AF of its obligation to perform becomes free. The transport of the commodity happens on danger and to be paid by of the customer. The transport enterprise is determined by the AF under exclusion the adhesion for the choice of the cheapest and fastest mode of shipment.
9. Equipment the customer in default of acceptance, is AF entitled to require it developed damage whereby the customer the proof of a smaller damage remains reserving.
10. A transport insurance will lock the AF only on special written instruction on calculation of the customer.

§ 5 maturity and payment, delay

1. The orderer can pay the purchase price by vorkasse. This border applies to the entire customer account and considers also still open amounts from earlier calculation orders. If the orderer is a buyer and if the orderer comes into delay of payment, then AF is justified, interests at a value of 5 % over of the European central bank admits given basis interest rate per annum to demand. If AF a higher damage caused by default developed demonstrably, AF is justified to make these valid.

§ 6 characteristics with the purchase on calculation

1. Payment on calculation is possible only for consumers starting from 18 years or full buyers. The ship-to-address, the house address and the calculation address must be identical and lie within Germany or Austria. For achievements, the on-line (e.g. software to the Download) to be conveyed as well as for the purchase of coupons is not possible the payment on calculation. The invoice amount becomes due with receipt of the calculation. § 5 (rule to delay) in all other respects applies also to calculation supply. 
2. During payment on calculation and evaluates AF examines the data data of the orderers and maintains with justified cause a data exchange with other enterprises within the AF company, restaurant inquiry agencies and if necessary with the company Buergel restaurant information GmbH & CO. Kg, p.o. box 5001 66, 22701 Hamburg.

§ 7 set-off, retention

1. A right for set-off is entitled to the orderer only if its counterclaims are undisputed from AF validly determined or. In addition it is only to that extent authorized to the practice of a right of lien, when its counterclaim is based on the same contractual relation.

§ 8 retention of title

1. The customer surrenders concerning the reservation commodity which are entitled demands and claims for remuneration (e.g. from bad action, insurance claims) already now to him at height of the invoice amount of the reservation commodity to the AF.
2. The reservation commodity in the property of the AF is in the commercial course of business for the duration of the retention of title against fires, water, to insure theft and einbruchsdiebstahl. The rights from this insurance are surrendered to the AF, whereby this accepts the transfer.
3. The AF reserves itself in the commercial course of business the property at the delivery articles up to the entrance of all payments from the business relation with the buyer. In the course of the current account reservation also the recognized balance is seized, if demands are booked opposite the buyer in the context of the current calculation.
4. The customer is entitled for the far sale, verpfaendung, transfer by way of security, letting or placing of the reservation commodity abroad only after previous written agreement of the AF.
5. If the object of the purchase with others is inseparably connected, not in the property of the AF standing things or mixes, the AF acquires the co-ownership at the new thing in the relationship of the value of the object of the purchase to the other connected or mixes articles at the time of the connection or mixture. 
6. If third access the reservation commodity, the customer has to refer to the property of the AF and to inform these immediately in writing.

§ 9 warranty for defects

1. If a lack of the purchase thing is present, the laws §§ of the 434 FF apply. BGB. The transfer of these requirements of the orderer is impossible.
2. As far as below nothing different one results, large requirements of the orderer -- same from which arguments -- are impossible. AF is not responsible therefore for damage, which did not develop at the delivery article; in particular AF is not responsible for escaped profit or for other financial damages of the orderer. As far as the adhesion is excluded from AF or limited, this applies also to the personal adhesion of employees, representatives and executing aides.
3. Managing limitation of liability does not apply, as far as the cause of the damage is based on resolution or rough negligence or a personal injury is present. Furthermore it applies not if the orderer of requirements makes out §§ 1, 4 product liability law valid.
4. If AF hurts negligently a contract-substantial obligation, the obligation to indemnify for damages to property is limited to the typically developing damage.
5. If the Nacherfuellung took place in the way of the replacement, the orderer is obligated to send the commodity back supplied first within 30 days at AF at costs of AF. The return of the unsatisfactory commodity has according to the laws §§ of the 439 Abs. 4 to take place 346 to 348 BGB. AF reserves itself to make valid under the legally regulated conditions payment of damages.
6. The period of limitation amounts to twenty-four months, counted starting from supply.
7. Obvious lack are to be indicated at the latest within two weeks after receipt to the supply in writing, whereby for period keeping the punctual sending off is sufficient. In the commercial course of business it is necessary that the commercial customer according to §§ 377, 378 HGB determined its investigation and be incumbent onnessesruegeobliegenheiten being incumbent onnesses duly followed. 
8. The completion of unauthorized guarantee and/or warranty claims, if these are to due to resolution or rough negligence, takes place subject to an additional charge us via it developed expenditures. The AF reserves itself a calculating of cost lump sums of its suppliers in these cases.
   

§ 10 right grant, diagrams, photo, texts

1. The user, AF diagrams, photo, texts o.ae decides. to send, he guarantees, which is he exclusive right owner. With the condition/transmittal it grants AF one temporally and locally unrestricted and exclusive license for the free use and further use to that of the diagram/photo/texts or the like for any purposes on-line like off-lines. AF will strive, which authors as an author to always designate (except if the author indicated to want to remain anonymous), reserves itself however to shorten or omit this indication. AF reserves itself not to indicate provided diagram/photo/texts or the like or only for a limited period on the Website as well as shorten or change it. Beyond that apply special guidelines, which we separately with the entrances of our web pages admits give. The text/photo/diagrams show excluding the opinion of the customers. Contents do not agree with the view of AF.

§ 11 collection, processing and use of personal information of our customers

1. Information, which we get from you, helps us, to arrange and constantly improve your purchase experience individual with AF. We use these information for the completion of orders, the supply of goods and a furnishing of services including the availability of the AF platform for buyers and salesmen as well as the completion of the payment (with calculation purchase also for necessary examinations). We use your information also, in order with you over orders, products, services and over marketing offers to communicate as well as for it to update our data records and to maintain and maintain your customer accounts with us as well as for it to illustrate and to you products or services recommend contents e.g. article evaluations, which could interest you. We use your information also to improve unsern Shop and our platform to prevent an abuse of our Website or discover one or third execution more technically to make possible logistically or other services in our order.
2.  Further information about kind, range, place and purpose of the collection, processing and use for the execution of orders, the registration to the E-Mail notification service, the transmission of diagram/photo/texts or the like necessary personal data by the AF entrepreneurial group is in the data security explanation.

§ 12 applicable right /Gerichtsstand/data security/place of delivery/effectiveness

1. For all requirements from the contractual relation existing between the customer and the AF place of delivery is the seat of AF (Bielefeld).
2. So far the customer full buyer in the sense of the HGB, legal entity of the public right or public legal special estate is, is indirectly Bielefeld exclusive area of jurisdiction for all itself from the contractual relation disputes resulting in directly and.
3. It applies the right of the Federal Republic of Germany, whereby the validity of the uniform international purchase right (UNCITRAL agreement) is excluded.
4. The AF is entitled electronically to store and further process it by the customer left the data. A deletion of the data requires writing. The AF is then justified, itself from the contract documents devoted customer data or for contract execution necessary is on third to pass on in particular at Kreditinstitut and Vertragspartner as far as this serves the job execution. The valid regulations of the data security are considered of the AF.
5. Should be ineffective one or more regulations, then this does not affect the effectiveness of the remaining regulations.