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Scope
These Terms and Conditions apply to all contracts for moving, transport, assembly and disposal services between NYM Prime Solutions, 84072 Au i.d.Hallertau, Deutschland (the “Contractor”) and the customer.
A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A trader is a natural or legal person acting in the exercise of their trade, business or profession when entering into the contract (§ 14 BGB).
Deviating or supplementary terms of the customer only apply if the Contractor expressly agrees to them in text form.
Conclusion of contract
The presentation of services on this website is not a binding offer but an invitation to submit an enquiry.
After receiving an enquiry via the online form, by email, by phone or via WhatsApp, the Contractor prepares a quote. The contract is concluded once the customer accepts the quote and the Contractor confirms the order in text form.
Quotes are based on the customer's information about scope, accessibility and dates. If this information changes or turns out to be incorrect on site, the price may be adjusted accordingly. The Contractor informs the customer before continuing with the work.
Scope of services
The Contractor provides in particular the following services:
- private moves within Germany
- office and commercial relocations
- furniture transport and delivery of individual items
- furniture assembly and disassembly
- packing assistance and supply of packing material
- clearance, household liquidation and disposal
Customer obligations
The customer provides complete and accurate information about the goods to be moved as well as about access routes, floors, lifts and parking space at the loading and unloading location.
The customer ensures that the premises are accessible on the agreed date. Any required no-parking zones and official permits must be arranged by the customer; on request the Contractor applies for them against separate remuneration.
Particularly heavy, bulky, valuable or fragile items and items requiring special handling must be declared before the contract is concluded.
Containers packed by the customer must be packed securely, sufficiently padded and labelled.
Waiting times and additional work for which the customer is responsible may be charged on a time basis.
Prices and payment
Prices, method of payment and payment deadline are agreed individually in the quote or order confirmation and communicated to the customer in text form before the order is accepted.
A generally applicable standard payment deadline has not yet been defined and will be added here once it is confirmed.
As a small business under § 19 UStG, the Contractor does not show VAT. The agreed prices are final prices.
Services provided additionally at the customer's request during execution are charged separately.
In the event of late payment, the statutory provisions of §§ 286 and 288 BGB apply.
Liability for the goods
Moving contracts are governed by §§ 451 et seq. HGB (German Commercial Code) in conjunction with general freight law.
Liability for loss of or damage to the goods is limited pursuant to § 451e HGB to 620 euros per cubic metre of loading space required to perform the contract.
Liability for exceeding the delivery period is limited pursuant to § 431 (3) HGB to three times the freight charge.
These limitations of liability do not apply if the damage was caused intentionally or recklessly with the awareness that damage would probably occur (§ 435 HGB). In the event of injury to life, body or health, the Contractor is liable without limitation in accordance with statutory provisions.
Damage must be reported: externally visible damage no later than the day after delivery, damage that is not externally visible within 14 days of delivery (§ 451f HGB). Otherwise claims may lapse.
For goods of higher value, the Contractor recommends taking out separate transport insurance.
Exclusions of liability and excluded goods
The Contractor is not liable for damage caused by circumstances that could not have been avoided even with the utmost care (force majeure), in particular storms, flooding, strikes, official orders, road closures or failure of the energy supply.
Dangerous and prohibited goods are excluded from transport, in particular:
- explosive, highly flammable or self-igniting substances such as gas cylinders, petrol or solvents
- weapons, ammunition and explosives
- radioactive, toxic, corrosive or infectious substances
- narcotics and other prohibited items
- perishable food as well as live animals and plants
Cancellation and rescheduling
Cancellations and changes of date must be communicated in text form.
The conditions for cancellations and rescheduling as well as any cancellation costs follow from the quote or order confirmation.
If the Contractor cannot keep an agreed date for reasons within its responsibility, it offers an alternative date without delay. Further claims are governed by statutory provisions.
The statutory right of withdrawal for consumers remains unaffected by these cancellation conditions.
Right of withdrawal for consumers
For contracts concluded by means of distance communication or outside business premises, consumers have a statutory right of withdrawal under § 312g BGB.
The withdrawal period, how to exercise the right, the consequences of withdrawal and the model withdrawal form are set out in the withdrawal notice on this website.
At the consumer's express request, performance may start before the withdrawal period has expired. In that case the compensation rule in the withdrawal notice applies.
Governing law and place of jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.
For consumers, the statutory places of jurisdiction apply. If the customer is a trader, the place of jurisdiction is the Contractor's place of business.
Information about participation in dispute resolution proceedings before a consumer arbitration body can be found in the imprint of this website.
The German version of these Terms and Conditions is authoritative. Translations into other languages are provided for information only.
Severability
Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.
The statutory provision applies in place of the invalid provision. The same applies in the event of a gap in the provisions.
Amendments and additions to these Terms and Conditions require text form.
Contact
Contractor: NYM Prime Solutions, Einzelunternehmen (Kleingewerbe).
Address: 84072 Au i.d.Hallertau, Deutschland.
Email: info@nymprimesolutions.de
Phone: +4915510371943
Further mandatory information can be found in the imprint of this website.