Terms and conditions

§ 1 basic provisions
(1) The following terms and conditions apply to the contracts you enter into with us as a HIA GROUP LLP supplier, operator of the EL NABIL brand, via the el-nabil.com website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which cannot be primarily attributed to his commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the list of the respective products on our website, we make a binding offer to you to conclude a contract 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 "basket". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the "Payment" page and entering your personal data as well as payment and shipping terms, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung, etc.) as your payment method, you will either be directed to the order overview page in our webshop or you will be first directed to the website of the provider of Instant Payment Systems transmitted.
If you are transferred to the corresponding instant payment system, make the appropriate selection or entry of your data. Finally, you will be redirected to our online store on the order overview page.
Before sending the order, you have the possibility to check all information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Order with payment" button, you declare the legally binding acceptance of the offer, by which the contract is concluded.
(4) Your requests regarding the creation of an offer are not binding on you. We will make you a binding offer in text form (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information necessary for the conclusion of the contract are partly automated by e-mail. You should therefore ensure that the e-mail address you have stored with us is correct, the receipt of e-mails is technically ensured and in particular is not prevented by spam filters.

§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it relates to claims 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 rules also apply:
a) We retain ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer as security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount resulting from the resale, we accept the assignment. You are further authorized to collect the claim. If you do not properly fulfill your payment obligations, we reserve the right to collect the claim yourself.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new article in the ratio between the invoice value of the reserved goods and the other objects processed at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the debt to be guaranteed by more than 10%. It is up to us to select the guarantee to be unlocked.

§ 4 warranty
(1) As a consumer, you are requested to check the item immediately for completeness, faulty and damaged in transit and to notify us and the freight forwarder of any complaints as soon as possible. If you notice any damage to one of your items or a missing or incomplete item, you can send us an electronic registered letter with acknowledgment of receipt within 3 days of delivery (not including public holidays) to the address: customer@el-nabil.com . We strongly advise you to attach photos to this registered letter.
Exceptionally, it is possible that some items are sent without blister. However, these items are certified new, in their original packaging. This type of situation can exceptionally occur during an emergency restocking, in a desire to guarantee our customers optimal shipping times.
(2) Insofar as you are an entrepreneur, deviating from the above warranty rules:
a) Only our own information and the manufacturer's product description shall be deemed to be accepted as the condition of the item, but not other advertisements, public promotions and manufacturer's statements.
b) In the event of defects, we offer a guarantee of our choice by rectification or subsequent delivery. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. Corrective measures are deemed to have failed after a second unsuccessful attempt, unless the nature of the thing or the defect, or other circumstances, result in particular. In the event of rectification, we do not have to bear the increased costs caused by the movement of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods. .
c) The warranty period is one year from delivery of the goods. The shortening of the time limit does not apply:
- damage attributable to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have maliciously concealed the defect or given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its failure;
- with legal remedies that you have against us in connection with defects rights.

5. Prices and terms of payment
5.1. The prices stated in the respective offers as well as the shipping costs represent the total prices and include all price components including all taxes.
5.2. Shipping costs incurred are not included in the purchase price. They can be viewed via a corresponding button on our website or in the respective offer, are displayed separately during the ordering process and are your responsibility, unless free shipping is promised.
5.3. If the delivery is made to countries outside the European Union, you may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer costs (bank transfer or exchange rate) at your expense.
5.4. You have to bear the costs of money transfer (bank transfer or exchange rate) in cases where the delivery is made in an EU member state but the payment was initiated outside the European Union .
5.5. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, claims for payment of the concluded contract must be paid immediately.

6. Terms of delivery
6.1. The delivery conditions, delivery date and all existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the thing sold only passes to you upon handover of the goods, whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your own risk.

7. Legal liability for defects
Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been created by lawyers specializing in IT law and are constantly checked for legal compliance.

last update: 11.05.2022