I. GENERAL TERMS AND CONDITIONS
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (NovaNox GmbH & Co. KG) via the website www.novanox.eu, unless a modification is agreed in writing between the parties. Deviating or conflicting terms and conditions are only valid with our express consent.
(2) We offer our goods only for purchase insofar as you are a natural or legal person or a legal partnership which is, in concluding the legal transaction, acting in the exercise of its commercial or independent professional activity (entrepreneur). A purchase agreement with consumers is excluded.
§ 2 Formation of the contract
(1) Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the respective description of the offer and the additional information on our Internet presence.
(2) On request, we will send you an individual offer, which will be sent to you in text form (e.g. e-mail) and to which we are bound for 5 days. You accept the offer with confirmation in text form.
§ 3 Individual design of the goods
(1) With your quotation request you provide us with the information, texts or files required for the individual design of the goods via the file upload on our website or by e-mail or in any other text form. Please note our possible specifications for file formats.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or infringe existing laws. You expressly indemnify us from all claims of third parties asserted in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not undertake any examination of the submitted data for correctness of the content and consequently assume no liability for errors.
(4) As far as agreed, you will receive a correction document, which you have to check immediately. If you agree to the draft, release thecorrection template by way of counter-signature in text form (e.g. e-mail). The design work will not be executed without your approval. You are responsible for verifying the correctness and completeness of the correction document and notifying us of any errors. We accept no liability for non-rejected errors.
(5) If we create texts, pictures, graphics and designs for you within the framework of the individual design, these are subject to copyright.
Without our express consent the use, reproduction or alteration of individual parts or complete contents is not permitted.
Unless otherwise agreed, we will grant you a right of use to the copyrighted works created for you which is unlimited in time. You are expressly prohibited from providing the protected works or parts thereof in any way to third parties, either privately or commercially.
The transfer of the right of use is subject to the condition precedent of the full payment of the agreed purchase price.
§ 4 Prices, payment conditions and shipping costs
(1) The prices stated in the respective offers represent net prices. They do not include the statutory value-added tax.
(2) The shipping costs incurred are not included in the purchase price. They are indicated separately in our individual offer and are to be borne by you in addition, as long as postage-free delivery is not promised.
In case of self-pickup, we will inform you by telephone or e-mail about the delivery of the goods and the collection possibilities. In this case no shipping costs will be charged.
(3) You have the following payment options, unless otherwise stated in our individual offer:
- Cash on pickup
- Prepayment by transfer
- Payment by PayPal
- Payment by invoice.
(4) Insofar as no other payment period is stated in our individual offer or on the invoice, the payment claims arising from the concluded contract are immediately due for payment.
The deduction of discounts is only permissible provided that they are explicitly stated in the respective offer or invoice.
§ 5 Terms of delivery
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery times are only binding if confirmed by us in writing. In the payment method Prepayment by transfer, the dispatch of the goods takes place only after we have received the complete purchase price and the shipping costs.
(2) Should a product ordered by you, contrary to expectations, not be available in spite of the timely completion of an adequate covering transaction for a reason beyond our control, you will immediately be notified of non-availability and, in the event of withdrawal, any payments already made will be refunded without delay.
(3) The shipment is at your risk. If you wish, it will be dispatched with a corresponding transport insurance, whereby the resulting costs will be borne by you.
(4) Part deliveries are permissible and can be invoiced by us independently, provided that you do not incur additional costs for shipping.
§ 6 Warranty
(1) The warranty period is one year from date of delivery of the goods. The one-year warranty period does not apply to damages attributable to us caused by the injury to life, body or health and gross negligence or deliberate damage or misrepresentation, as well as to recourse claims pursuant to §§ 478, 479 BGB (German Civil Code).
(2) The nature of the goods is only defined by our own data and the product description of the manufacturer as agreed, but not other advertising, public praises and utterances of the manufacturer.
(3) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us in writing of any obvious defects within 7 days from receipt of the goods, a timely mailing is sufficient for adhering to the deadline. This also applies to hidden defects discovered later from the time of their discovery. The assertion of the warranty claims is excluded in the case of infringement of the duty of examination and complaint.
(4) In the event of defects we shall, at our option, make a warranty by repair or replacement. If the defect rectification fails, you may, at your discretion, demand a reduction or withdraw from the contract. The defect removal shall be deemed to have failed after the second attempt has been unsuccessful, unless in particular the nature of the defect or the other circumstances indicate otherwise. In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
§ 7 Right of retention, reservation of ownership
(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. A pledge or security transfer shall not be permitted prior to the transfer of ownership of the reserved goods.
(3) You can resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount which you are accruing from the resale, and we accept the assignment. You are further authorized to collect the claim. If you do not fulfill your payment obligations properly, however, we reserve the right to collect the claim ourselves.
(4) In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
(5) We undertake to release the collaterals to which you are entitled on your request insofar as the realizable value of our collaterals exceeds the claim to be secured by more than 10%. The choice of collaterals to be released is our responsibility.
§ 8 Liability
(1) We are fully liable for damage resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, in the case of assuming the guarantee for the nature of the purchased item and in all other cases regulated by law.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our Customer Information (Part II) and General Terms and Conditions (Part I).
(3) Insofar as significant contractual obligations are concerned, our liability in the case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are significant obligations which arise from the nature of the contract and whose violation would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract and on whose observance you may regularly rely.
(4) In the case of infringement of insignificant contractual obligations, liability for negligent breach of duty is excluded.
(5) The data communication via the Internet cannot, according to the current state of the art, be ensured without errors and/or at any time. We are consequently not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 9 Choice of law, place of performance, place of jurisdiction
German law applies to the exclusion of the UN purchase law. Place of performance as well as jurisdiction is our seat.
II. CUSTOMER INFORMATION
1. Identity of the seller
NovaNox GmbH & Co. KG
Alte Frankfurter Straße 212
Telefon: 0800 668 2 669
2. Information on the formation of the contract
The contract is concluded in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before submitting the request, the contract data can be printed out or electronically secured via the print function of the browser.
4. Legal right of deficiency
The defect liability for our goods is governed by the "Warranty" clause in the General Terms and Conditions (Part I).