General Terms and Conditions of Sale for the Online Shop of novero international GmbH
§1 General Scope
The following conditions of sale apply to the sale of all goods offered for purchase in our online shop.
Customers´ conditions of business which are contrary to or deviate from our conditions of sale apply only when we have expressly agreed to these in writing. Our conditions of sale also apply when we unconditionally accept and/or carry out the customer´s order in the knowledge that the customer´s conditions of business are contrary to or deviate from our conditions of sale.
§2 Conclusion of contract
The presentation of our line of products in the online shop does not represent a binding contractual offer. In sending us an order, the customer makes a binding contractual offer. A contract with the customer comes into being when we confirm the customer´s order by E-mail.
The contract is concluded subject to our supplier supplying us correctly and promptly; this proviso applies only when we have concluded a congruent transaction with the supplier and are not responsible for any incorrect delivery or failure to deliver.
The contract is also concluded subject to the customer ordering goods in quantities usual for households. The quantity usual for households is exceeded by orders per customer per month of more than 9 (nine) units per item of goods or by orders per customer per month which exceed in total the amount of 2,000.00 Euro net (without taking statutory value-added tax into account). Orders exceeding quantities usual for households can only be handled by us directly.
§3 Information regarding returns
Right of return: If the customer is a consumer under the terms of §13 BGB (German Civil Code) (i.e. a natural person who purchases the item of goods for a purpose that cannot be assigned to either the persons commercial or self-employed professional activity), then the customer may − without giving reasons − return the item of goods received by sending it back to us within 14 (fourteen) days. The period begins following receipt of this information in written form (Textform) (e.g. as letter, fax, E-mail), but not, however, before the item of goods has been received by the recipient (in the case of recurrent delivery of similar goods, not before the recipient has received the first part consignment), and also not before fulfilment of our obligations to provide information pursuant to Article 246 §2 in connection with §1 Sec. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as of our obligations pursuant to §312 e Sec. 1 Sentence 1 BGB (German Civil Code) in connection with Article 246 §3 EGBGB. Only in the case of goods which cannot be sent by post as parcels (e.g. bulky goods) may the customer declare the return by a request in written form to take back the goods. To comply with the time limit, it is sufficient to dispatch the item of goods or the request to take back the item of goods in good time. In every case, we bear the costs and risks of sending back the goods. The item of goods or the request to take back the item of goods should be sent to:
novero international GmbH
Consequences of return: In the event of valid return, the benefits received on both sides are to be refunded and any gains (e.g. advantages from use) surrendered. If the state of the item of goods has deteriorated, compensation for lost value can be claimed. This does not apply when the deterioration of the item of goods can be attributed exclusively to the checking of the item of goods − as would be possible, for example, in the case of a customer in a retail store. Apart from that, the customer can avoid the obligation of compensating for value lost through deterioration caused by the use of an object for its intended purpose, by not treating the item of goods as the customer´s property and refraining from everything which would impair its value. Obligations for the refunding of payments must be fulfilled within 30 (thirty) days. The period begins for the customer with the sending of the item of goods or of the request to take back the item of goods, for us it begins with receipt.
Returns are not possible when goods have been delivered which were produced according to customer specifications or which are clearly tailored to customer requirements.
Should the delivery not include parcel stamps for returns, please request these via the telephone number displayed in the section "novero service" of our online shop or the E-mail address firstname.lastname@example.org. Use of a parcel stamp for returns is not a precondition for the valid exercise of the right of return.
§4 Prices and delivery costs
Prices for our goods derive from the prices stated in our online shop on the respective day of ordering. All prices are given in Euros and include the statutory value-added tax.
In addition to the purchase price, the delivery costs stated in our online shop on the respective day of ordering are also due. In the event of a valid return pursuant to §3, the customer will receive a refund of purchase price and delivery costs.
The customer may pay in our online shop via advance payment or by PayPal.
In the event of delay in payment, we may charge customers who are consumers default interest at the rate of 5 (five) percentage points, and from customers who are business men at the rate of 8 (eight) percentage points, in each case above the applicable base interest rate. We reserve the right to claim higher damages caused by default.
The customer may only set off such claims as have been legally established, are undisputed or which we have recognized. The customer may only assert a right of retention insofar as the counter-claim rests on the same contractual relationship.
Delivery of goods is only possible in areas which are individually stated in the online shop.
Delivery time for goods in stock amounts to 2 to 5 (two to five) working days from receipt of payment. For goods not in stock, longer waiting times may occur. For this eventuality, we reserve the right to extend the delivery time to 3 (three) calendar weeks from receipt of payment. The customer will receive a confirmation dispatch via E-mail.
We reserve the right to make partial deliveries to the customer when reasonable. Higher costs resulting from partial deliveries will be borne by us.
§6 Passing of risk
The risk of delayed delivery passes to the customer once the goods have been surrendered to the person designated to implement the delivery. If the customer is not a consumer, the same applies to the risk of destruction, loss or deterioration of the item of goods as well as to the risk of loosing consideration (Preisgefahr).
§7 Retention of title
In contracts with consumers, we retain title to the item of goods delivered until payment of the purchase price and the delivery costs has been received in full for the respective item of goods. In contracts with business men, this proviso applies to all payments resulting from the business liability with the respective business.
The customer is entitled to resell the goods under normal trading conditions. The customer assigns to us as of now all debts to the sum of the final invoice amount (including value-added tax) of the claim for remuneration which arise for the customer from the resale. After this assignment, the customer remains authorized to collect the debt. Our power to collect the debt ourselves remains unaltered by this. However, we undertake to refrain from collecting the debt as long as the customer meets the payment obligations from the collected revenues, does not delay payment and has not filed an application to open insolvency proceedings, or payments have ceased. If, however, this is the case, we may demand that the customer declares assigned debts and their debtors, gives all information required for collection, submits all associated documents, and notifies the third parties of the assignment.
While the retention of title exists, the item of goods may not be pledged or transferred by way of security. The customer is obliged to inform us of every pledge, damage or other loss of the item of goods immediately.
In the event of faulty goods, we will redeem the warranty either by removing the defects or delivering an item of goods free of defects, as the customer chooses (so-called supplementary performance). Before other claims for defects can be asserted, we must be given appropriate opportunity and time. We may refuse to comply with the method of supplementary performance chosen by the customer if this method is only possible at disproportionate cost
Should the supplementary performance fail, the customer may reduce the price or withdraw from the contract, as the customer chooses.
Withdrawal is excluded if the item of goods delivered deviates from its agreed condition by only a small degree or if the contractually stated or normal use of the item of goods is impaired by only a small degree. Moreover, if the customer is a business, no claims for defects exist even in these cases.
Changes in the material caused by ageing or which occur by reason of environmental conditions do not represent defects.
Obvious defects are to be notified to us within a period of 2 (two) weeks from receipt of the item of goods. Otherwise, assertion of claims is in this respect excluded. Dispatch in good time suffices to comply with this time limit; the burden of proof for this is on the customer. If the customer is a trader, the provisions of §377 HGB (German Commercial Code) apply.
If the customer is a consumer, claims for defects become time-barred − subject to the provision in paragraph 5 sentence 3 and in paragraph 6 − in two years from delivery of the item of goods. If the customer is a business, claims for defects become time-barred − subject to the provision in the following clause and in Paragraph 6 − in one year from delivery of the item of goods. Claims for damages or reimbursement of expenses on the part of the customer owing to a defect remain unaffected by the above provision and become time-barred within the statutory limitation periods; for these claims for damages or reimbursement of expenses the provisions in §9 of these conditions of sale apply.
The above restrictions on the warranty obligation do not apply to cases in which we have made a guarantee for the condition of the item of goods or in which a defect was wilfully concealed.
We are liable to the customer in case of breaches of essential contractual obligations (so-called cardinal obligations) for claims for compensation and damages (in the following in §9 together "Damages"). Insofar as the breach of the cardinal obligation occurred only due to minor negligence and did not lead to an injury to life, body or health of the customer, claims for Damages are, however, according to their amount, restricted to damages which can be typically predicted. Cardinal obligations are such obligations the fulfilment of which enables due execution of a contract, the breach of which endangers the achievement of the contract´s purpose, and the observance of which the purchaser may rely on regularly.
We are also liable to the customer according to the stipulations of the Product Liability Act (Produkthaftungsgesetz); in cases of premeditated action and gross negligence; for injury to life, body or health; in the event of assumption of a guarantee as well as in all other cases in which there is a statutory liability, in each case according to the legal stipulations.
In all other respects, claims for Damages against us − for whatever legal reason, in particular from breaches of obligations in the contractual relationship on the part of ourselves, our legal representatives, employees or assistants, from §311 a BGB (German Civil Code) or from unlawful acts are excluded.
Insofar as our liability is restricted or excluded according to the above provisions, this applies also to the personal liability of our legal representatives, employees and assistants.
The above provisions do not entail an alteration in the burden of proof to the disadvantage of the customer. (6) Claims for Damages on the part of the customer become time-barred within the statutory limitation periods from the statutory beginning of the period.
Claims to which the customer is entitled against us may only be assigned by the customer with our express written permission. §354 a HGB (German Commercial Code) remains unaffected.
We will collect, save and automatically process personal data of the customer for the purpose of processing the order. Further details are regulated in our data protection policy.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a trader, legal entity or separate property under public law, Düsseldorf, Federal Republic of Germany, shall be exclusive venue of court regarding all disputes arising from or in connection with this agreement. We are entitled to sue the customer if we choose to do so at the customer´s general place of jurisdiction.
Should individual provisions of these conditions of sale be or become invalid or infeasible, this shall not affect the validity and feasibility of the remaining provisions.