General terms and conditions
§ 1 Scope of application
The following General Terms and Conditions in the version valid at the time of the order shall apply to business relations between us and the customer.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
(2) By clicking the button "Buy" you make a binding offer to purchase (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we ship the goods to you - without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.
§ 4 Terms of payment; default
(1) The payment takes place alternatively: Invoice by prepayment or Paypal.
(2) If you choose payment in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(3) In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.ŕ r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
(4) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: The payment term is [14] days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The full invoice terms for the countries where this payment method is available can be found here: Germany, Austria.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on installment purchases, including terms and conditions and standard European consumer credit information for countries where this payment method is available, click here (available only in the countries indicated): Germany.
The use of the payment methods invoice and installment purchase requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.
§ 5 Delivery
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) Delivery is made at the respective shipping costs shown in the offer.
(3) If the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment shall pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
§ 6 Reservation of proprietary rights
The delivered goods remain our property until full payment of the purchase price.
§ 7 Liability for defects
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer in the sense of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obligated to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
- In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement (subsequent performance). In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 8 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 9 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
§ 10 Cancellation policy
If you are a consumer in the sense of § 13 BGB, you have a legal right to revoke your order according to § 312g BGB or § 355 BGB. You have the right to revoke this contract within one month without giving any reason. The revocation period is one month from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
NOTORIA Inh. Kalina Francke
Abbestr. 15, 10587 Berlin
E-Mail: sales@notoria.de
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences Of Revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which you returned the goods to us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
We bear the direct costs of returning the goods.you must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back.To
NOTORIA Inh. Kalina Francke
Abbestr. 15, 10587 Berlin
E-Mail: sales@notoria.de
I/we (*) hereby revoke the contract concluded by me/us (*) for
the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of the consumer(s):Signature of the consumer(s) (only in the case of notification on paper)
Date
(*) Delete as applicable.
End of the cancellation policy
(1) The right of withdrawal does not apply to the delivery of goods for the production of which an individual selection of the destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to defective packaging.
(3) Please note that the modalities mentioned in the previous paragraph 2 are not a prerequisite for the effective exercise of the right of withdrawal.