Terms and Conditions

Rock climber with Nalgene water bottle

General Terms and Conditions for Online Sales

April 25, 2024

1. Scope of application; conclusion of contract

1.1 These General Terms and Conditions apply to all purchase contracts concluded via the Nalgene online store, available at: www.nalgene.eu (hereinafter: “Online Shop”).

1.2 Your contractual partner for all contracts based on online orders is: Nalge Nunc International, Inc, 75 Panorama Creek Drive, Rochester, NY 14625 USA.

1.3 The Online Shop is aimed at both consumers and entrepreneurs. Some of the following provisions apply only to consumers, others only to entrepreneurs or merchants.

1.4 Online orders can be placed in our Online Shop by selecting a product and completing the order process described below. The products listed online on our website represent a non-binding product catalog and are not an offer to conclude a purchase agreement. If we enable online orders for a product, you can click to put our product in the shopping cart without obligation and correct your entries at any time before sending the binding order by using the “Back” button of your browser. In the shopping cart itself, you can change the quantity of a product or remove a product from the shopping cart at any time. You must then enter the data relevant for completing the order (first and last name, billing and delivery address, choice of payment method and payment details, e-mail address). As part of the order process, we provide you with technical means in the form of a standard completeness and plausibility check (check whether all mandatory fields have been filled in and whether the characters entered match the corresponding mandatory field), which you can use to identify input errors. The data of your order will then be summarized again for verification. By clicking on the button “Order with obligation to pay” you place a binding order for the products in your shopping cart. The order process can be canceled at any time by closing the browser window before clicking on the “Order with obligation to pay” button. You can only place a binding order if you have taken note of and agreed to these General Terms and Conditions and if you have taken note of our Privacy Policy and the Cancellation Policy in accordance with section 6.2 and have confirmed this by ticking the box “I have taken note of and agree to the Privacy Policy and the General Terms and Conditions” and the box “I have taken note of the Cancellation Policy” before clicking on the aforementioned button “Order with obligation to pay”. Confirmation of receipt of the order (that does not constitute acceptance of your order, unless expressly declared) will be sent by email.  A purchase contract is concluded (whichever is earlier) when

If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.

1.5 You will receive another separate e-mail with the shipping information when the ordered products are dispatched. The confirmation will also contain all details of the con-tract (including the details of the order and these General Terms and Conditions and the Privacy Policy).

1.6 The products are only sold in normal household quantities. This restriction applies both to the number of products ordered as part of one order and to the total number of products ordered when placing multiple orders for the same product.

1.7 The languages available for the conclusion of the contract are:

German, English, Italian, Spanish

The respective contract language depends on the language you select in the Online Shop.

2. Registration and customer account

2.1 You can create your own customer account for the Online Shop. To register, the mandatory fields on the registration form must be filled in completely and correctly. The registration requires our confirmation to be effective. After successful registration, a non-transferable customer account will be created for you.

2.2 Personal login details must be kept protected from access by third parties. Should third parties nevertheless gain knowledge of the login details, you must notify us immediately and change your login details. You must also ensure that the data you provide is up to date. We reserve the right to delete customer accounts that have been inactive for a period of 12 months.

3. Prices, delivery conditions and payment methods

3.1 The prices shown on the website for the products displayed include statutory VAT.

3.2 We only deliver to delivery addresses within the Eurozone. Finland, Switzerland, Norway, Sweden and remote locations are excluded: Isle of Man, Canal Islands, Northern Ireland, Faroe Islands, Greenland, Andorra, Baleares, Canary Islands, Melilla, and Ceuta, Gibraltar, Azores, Madeira, and Corsica. Depending on the order volume, shipping costs may be added to the indicated product prices. The shipping costs are automatically indicated in your shopping cart and in the confirmation of your order. These costs are also shown on the invoice. It is not possible to collect products ordered in the Online Shop yourself or to have them delivered to packing stations.

3.3 The availability of the products can be seen in the product description. Delivery takes place within 3-7 working days.

3.4 For each binding order that you place via the Online Shop, you will receive an invoice for the amount payable by you. The invoice will be attached to the order confirmation in accordance with section 1.4 if your order is accepted with it. Otherwise it will be attached to the shipping confirmation in accordance with section 1.4.

3.5 The following payment methods are available for online orders:

4. Ownership of products

We retain ownership of the products delivered to you until the payment for them has been made in full.

5. Warranty; liability

5.1 The statutory warranty provisions apply to consumers. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk, unless the defect was caused intentionally or by gross negligence or fraudulently concealed or a culpably caused defect caused injury to life, body or health.

5.2 We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

5.3 In the event of a simple negligent breach of essential contractual obligations by us, our legal representatives or vicarious agents, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, liability shall be limited to the amount of damage foreseeable and typically occurring at the time of conclusion of the contract.

5.4 Otherwise, claims for damages are excluded.

6. Right of withdrawal

6.1 If you are a consumer you have a right of withdrawal. Entrepreneurs are not granted a voluntary right of withdrawal.

6.2 Instructions for cancellation

Instruction for cancellation

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us, Nalge Nunc International, Inc., 75 Panorama Creek Drive, Rochester, NY 14625, U.S.A., Tel: +32 38080311, [email protected], of your decision to cancel this contract by a clear statement (e.g., a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than

  1. 14 days after the day we receive back from you any goods supplied, or
  2. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
  3. If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of instruction for cancellation

6.3 Model cancellation form

Model cancellation form

(If you wish to cancel the contract, please complete this form and return it to us).

– To Nalgene Outdoor Products, 75 Panorama Creek Drive, Rochester, NY 14625, U.S.A., [email protected]

 – I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

– Ordered on [*]/received on [*]

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

[*] Delete as appropriate.

7. Customer service

If, contrary to expectations, there are any problems with our products or if you wish to cancel the contract, please contact our customer service either via our customer service hotline (Tel: +32 38080311) or via the contact form available at https://nalgene.eu/contact/ before returning a product. The rights to which you are legally entitled remain unaffected.

8. Consumer information on online dispute resolution

8.1 We do not participate in the procedure for alternative dispute resolution in consumer matters in accordance with Directive 2013/11/EU or the corresponding national implementation law.

8.2 The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure.

9. Final provisions

9.1 The law of the State of Massachusetts shall apply. If you are a consumer, the choice of law only applies to the extent that it does not deprive you as a consumer of the protection afforded to you by mandatory provisions of the law applicable in the state of your habitual residence.

9.2 If you are a merchant, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

9.3 Should individual provisions of these General Terms and Conditions be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions of the contract.