General Terms and Conditions

Section 1 Scope of Application and Supplier

These General Terms and Conditions apply to all contracts concluded between NOTORIA and a consumer or business customer through the NOTORIA online shop.

The supplier and contractual partner is:

NOTORIA
Owner: Kalina Francke
Kurfürstendamm 11, c/o WeWork
10719 Berlin
Germany

Phone: +49 30 34 50 54 20
Email: info@notoria.de
VAT identification number: DE285091096

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

A business customer is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the course of their commercial or self-employed professional activity.

Any deviating terms and conditions of the customer shall not apply unless NOTORIA has expressly agreed to their validity in text form.

Section 2 Conclusion of the Contract

The presentation of products in the online shop does not constitute a legally binding offer. It is an invitation to submit a binding order.

The customer may place products in the virtual shopping basket without obligation. Before submitting the order, the customer may review and correct all entries.

By clicking the button “Place order with obligation to pay”, the customer submits a binding offer to conclude a purchase contract for the products contained in the shopping basket.

After receiving the order, the customer will receive an automatic confirmation of receipt by email. This confirmation only confirms receipt of the order and does not constitute acceptance of the customer's offer unless it is expressly designated as an order confirmation.

The contract is concluded when NOTORIA accepts the customer's offer by sending a separate order confirmation, dispatching the goods or requesting payment. The first event to occur shall be decisive.

If NOTORIA does not accept the customer's offer, the customer will be informed accordingly. Any payments already made will be refunded without undue delay.

NOTORIA stores the text of the contract. The order details and the General Terms and Conditions applicable at the time of the order will be sent to the customer by email.

The contract language is German.

Section 3 Products and Product Descriptions

The characteristics of the products are determined by the respective product descriptions in the online shop.

Images, colours and product representations may differ from the actual product depending on the customer's screen, lighting conditions and individual settings. Minor differences caused by technical or handcrafted production methods do not constitute a defect, provided that they do not materially affect the agreed characteristics or usability of the product.

The dimensions stated in the online shop refer to the respective product description. Minor deviations within customary handcrafted tolerances are reserved, provided that the deviation is reasonable for the customer.

NOTORIA sells new goods only. Used goods are not offered for sale.

Section 4 Standard Products and Custom Orders

The furniture offered in the online shop consists principally of standard products. The standard version is specified in the respective product description.

Any changes to the standard version shall constitute a custom order. This includes, in particular:

• different dimensions;
• individual bed or lying heights;
• raising or lowering the bed;
• different colours;
• individual colour shades;
• changes to the gloss level;
• different materials;
• changes to the construction;
• other individual changes or additions.

Custom orders shall only be produced after express agreement with the customer and, where applicable, after separate confirmation of the price.

Before production begins, the customer will receive confirmation of the agreed individual specifications. After production has begun, changes or cancellation shall only be possible with the consent of NOTORIA and, where applicable, against reimbursement of costs already incurred.

The right of withdrawal does not apply to contracts for goods that are not prefabricated and for whose production an individual selection or specification by the customer is decisive, or which are clearly tailored to the customer's personal requirements.

Whether a particular modification excludes the right of withdrawal depends on the statutory requirements and the circumstances of the individual case. Any individual modification will be identified to the customer as a custom order before the order is placed.

The mere selection of a fully predefined standard option does not automatically exclude the right of withdrawal.

Section 5 Prices and Shipping Costs

The prices stated in the online shop are in euros and include the applicable statutory VAT.

Shipping and delivery costs may be charged in addition to the purchase price. The amount of the shipping costs will be shown on the respective product page, in the shopping basket or, at the latest, before the order is submitted.

The price and shipping costs applicable to the order will be clearly displayed to the customer before the order is submitted.

Deliveries to countries outside Germany may incur additional costs, including customs duties, import duties or other public charges. The customer shall bear these costs to the extent permitted by law.

Section 6 Payment Terms

The customer may use the payment methods displayed during the ordering process in the online shop.

NOTORIA may exclude individual payment methods for certain orders or customers. The payment methods actually available will be shown to the customer before completion of the order.

Depending on the options displayed in the online shop, the following payment methods may be available:

• payment in advance by bank transfer;
• PayPal;
• Klarna;
• other payment methods displayed in the online shop.

If payment in advance is selected, the customer's payment instructions and bank details will be provided with the payment request. Unless otherwise agreed, production or delivery shall begin after full payment has been received.

If payment is made through PayPal, Klarna or another external payment service provider, the provider's respective payment terms shall apply in addition. The terms displayed to the customer during the ordering process shall be decisive.

Invoices will generally be sent to the customer by email or supplied together with the goods.

If the customer is in default of payment, the statutory provisions shall apply. NOTORIA may claim statutory default interest and any additional demonstrable damage caused by the default.

Section 7 Delivery Terms and Delivery Times

The delivery time is stated on the respective product page.

Unless otherwise stated on the product page, the delivery period begins:

• for payment in advance, on the day following receipt of full payment;
• for all other payment methods, on the day following conclusion of the contract.

For custom orders, the delivery period begins after the individual specifications have been fully clarified and confirmed and, where payment in advance has been agreed, after full payment has been received.

Delivery shall be made to the delivery address provided by the customer.

In the case of delivery by freight forwarder, the freight forwarder will contact the customer to arrange a delivery date. The customer must ensure that the goods can be accepted on the agreed date.

The delivery period shall be extended in cases of force majeure or other unforeseeable events for which NOTORIA is not responsible and which significantly hinder or temporarily prevent delivery. The customer will be informed without undue delay of any delay.

The customer's statutory rights in the event of delayed delivery remain unaffected.

Section 8 Retention of Title

The goods shall remain the property of NOTORIA until the purchase price has been paid in full.

In relation to business customers, NOTORIA retains title to the goods until all claims arising from the ongoing business relationship have been settled in full, to the extent permitted by law.

Section 9 Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal. The statutory withdrawal period is 14 days. NOTORIA voluntarily grants consumers an extended withdrawal period of 30 days.

The 30-day withdrawal period begins on the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes possession of the goods.

If several goods are delivered separately as part of one order, the withdrawal period begins on the day on which the last goods are received.

The right of withdrawal does not apply to custom orders where the statutory requirements set out in Section 4 of these General Terms and Conditions are met.

Section 10 Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the consumer must inform NOTORIA by means of a clear statement of their decision to withdraw from the contract.

The withdrawal must be sent to:

NOTORIA
Owner: Kalina Francke
Kurfürstendamm 11, c/o Wework
10719 Berlin
Germany
Email: info@notoria.de

The consumer may use the model withdrawal form below. Use of the form is not mandatory.

To comply with the withdrawal period, it is sufficient for the consumer to send the notice exercising the right of withdrawal before the withdrawal period expires.

Section 11 Consequences of Withdrawal

If the consumer withdraws from the contract, NOTORIA shall refund all payments received from the consumer, including the cost of the least expensive standard delivery offered by NOTORIA.

The refund shall be made without undue delay and no later than 14 days from the day on which NOTORIA received the notice of withdrawal.

NOTORIA may withhold the refund until the goods have been returned or until the consumer has provided evidence that the goods have been returned.

The refund shall be made using the same means of payment used by the consumer for the original transaction, unless expressly agreed otherwise.

The consumer must return or hand over the goods to NOTORIA no later than 14 days from the day on which the consumer informed NOTORIA of the withdrawal. The deadline is met if the goods are dispatched before the 14-day period expires.

NOTORIA shall bear the direct costs of returning the goods.

In the case of large or non-parcel-shippable furniture, NOTORIA shall coordinate the collection with the consumer and may commission a freight forwarder.

The consumer shall only be liable for any diminished value of the goods if this diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Section 12 Model Withdrawal Form

If you wish to withdraw from the contract, you may complete and return this form:

Section 13 Liability for Defects – Consumers

Consumers are entitled to the statutory rights relating to defects.

If the goods are defective, the consumer may generally request subsequent performance. If subsequent performance fails or the statutory requirements are met, the consumer may exercise further statutory rights, including a reduction of the purchase price or rescission of the contract.

The consumer's statutory rights shall not be limited by these General Terms and Conditions.

Customers are requested to report visible transport damage to the carrier immediately, where possible, and to inform NOTORIA. Failure to do so shall not affect the consumer's statutory warranty rights.

Section 14 Liability for Defects – Business Customers

In relation to business customers, the limitation period for claims based on defects in newly manufactured goods is generally one year from delivery, to the extent permitted by law.

This limitation shall not apply to claims arising from injury to life, body or health, to damage caused by intent or gross negligence, to fraudulent concealment of a defect, to claims under the German Product Liability Act or where mandatory statutory provisions require a longer period.

The statutory rights of recourse available to business customers remain unaffected.

Section 15 Inspection and Notice of Defects by Business Customers

If the customer is a business customer and the purchase constitutes a commercial transaction for both parties, Section 377 of the German Commercial Code (Handelsgesetzbuch, HGB) shall apply.

The business customer must inspect the goods without undue delay after delivery, to the extent that this is practicable in the ordinary course of business.

Visible defects must be reported to NOTORIA without undue delay after inspection.

If a defect becomes apparent later, the notice must be given without undue delay after discovery of the defect.

If the customer fails to carry out the required inspection or fails to provide proper notice of defects, the goods shall be deemed approved to the extent provided by Section 377 HGB.

This inspection and notice obligation applies exclusively to business customers and does not apply to consumers.

Section 16 Liability

NOTORIA shall be liable without limitation for damages resulting from injury to life, body or health.

NOTORIA shall be liable without limitation for damage caused by intent or gross negligence.

NOTORIA shall also be liable to the extent of an expressly assumed guarantee and under the mandatory provisions of the German Product Liability Act.

In the event of a slightly negligent breach of essential contractual obligations, NOTORIA shall only be liable for foreseeable damage that is typical for the contract.

In all other respects, NOTORIA's liability is excluded to the extent permitted by law.

These limitations of liability also apply for the benefit of NOTORIA's legal representatives, employees and vicarious agents.

Section 17 Set-off and Right of Retention

The customer may only set off claims that are undisputed or have been established by a final court decision.

Consumers may also set off claims arising from the same contractual relationship.

The customer may only exercise a right of retention insofar as the counterclaim arises from the same contractual relationship.

Section 18 Data Protection

Information on the processing of personal data can be found in NOTORIA's current Privacy Policy. The Privacy Policy is permanently available in the online shop.

Section 19 Consumer Dispute Resolution

NOTORIA is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Section 20 Applicable Law

German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

In relation to consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

Section 21 Place of Jurisdiction

The statutory places of jurisdiction shall apply to consumers.

If the customer is a registered trader, a legal entity under public law or a special fund under public law, Berlin shall be the place of jurisdiction for all disputes arising from or in connection with the contractual relationship, to the extent legally permissible.

This agreement on jurisdiction shall not apply insofar as a mandatory statutory place of jurisdiction applies.

Section 22 Final Provisions

If any provision of these General Terms and Conditions is or becomes wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.

Version dated: 21.08.2026