Our Terms and Conditions
General Terms and Conditions of Business
1. Scope of application
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Novidion GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
In principle, you have the option of collection from Novidion GmbH, Fuggerstr. 30, 51149 Cologne, Germany during the following business hours: Mon to Fri from 8:30 to 16.30.
5. Payment
Advance payment
If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the payment method PayPal, in order to be able to pay the invoice amount, you must be registered there or register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be processed by your credit card company at PayPal's request immediately after confirmation of the payment order and your legitimacy as a legal cardholder and your card will be debited. You will receive further information during the ordering process.
If you have chosen the payment method direct debit, you do not have to be registered with PayPal to be able to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called prenotification). PayPal asks its bank to initiate the payment transaction, submitting the direct debit mandate immediately after confirmation of the payment order. The payment transaction will be executed and your account debited. You will receive further information during the ordering process.
If you have chosen the payment method invoice, you do not have to be registered with PayPal to be able to pay the invoice amount. After successful address and credit check and submission of the order, we assign our claim to PayPal. In this case you can only pay to PayPal with debt-discharging effect. In addition to our general terms and conditions, PayPal's general terms and conditions and data protection declaration apply to payment processing via PayPal. For more information and PayPal's full terms and conditions of invoice purchase, please visit: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en_EN.
SOFORTÜberweisung bank transfer
After placing your order you will be redirected to the website of the online provider IMMEDIATELY. In order to pay the invoice amount by IMMEDIATELY bank transfer, you must have an online banking account with PIN/TAN procedure activated for participation in IMMEDIATELY bank transfer, authenticate yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately afterwards by IMMEDIATELY bank transfer and your account will be debited.
Amazon Pay
During the order process you will be redirected to the website of the online provider Amazon before the order process is completed in our online shop. In order to process your order and pay the invoice amount via Amazon, you must be registered there or register first and legitimise with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment order to us. You will then be redirected to our online shop where you can complete the order process.
Immediately after placing the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.
Cash payment on pickup
You pay the invoice amount in cash upon collection.
6. Retention of title
The goods remain our property until full payment has been received.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
7. Damage during shipment
For consumers:
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
The statutory liability for defects law shall apply. Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.
Customer service: Hotline: 02203 - 988 52 00 | Mon-Fri. 08:30-16:30 | Email: info@novidion.de
9. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops
http://www.trustedshops.de/guetesiegel/einzelkriterien.html
10. Settlement of disputes
The European Commission is providing an online dispute resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or as to whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration body. The General Consumer Arbitration Office of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings before this body.
11. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business
General terms and conditions
1. Scope
The following Terms and Conditions (Terms) apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with Novidion GmbH.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
You are entitled to collect your order from Novidion GmbH, Fuggerstr. 30, 51149, Köln, Deutschland during the following hours of business: 9:00 - 16:00
5. Payment
The following payment methods are basically available in our online shop.
Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
PayPal Plus
Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be forwarded to PayPal's website. You may enter your payment details there and confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have selected the PayPal payment option, in order to pay the invoice amount, you must be registered there or register first and identify yourself with your access data. The payment transaction will be carried out automatically by PayPal directly after confirmation of the payment instructions. You will receive additional information during the ordering process.
Credit card via PayPal
If you have selected the credit card payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. The payment transaction will be carried out by your credit card company upon request by PayPal and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder. You will receive additional information during the ordering process.
Direct debit via PayPal
If you have selected the direct debit payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. With the confirmation of the payment instructions, you are granting PayPal a direct debit mandate. PayPal will inform you separately about the date of the account debit in an advance notification (pre-notification). With the submission of the direct debit directly after confirmation of the payment instructions, PayPal will request its bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited. You will receive additional information during the ordering process.
If you have selected the invoice payment option, in order to pay the invoice amount, you do not need to be registered with PayPal. After a successful address and creditworthiness check and placement of your order, we will assign our claim to PayPal. In this case, you may only pay to PayPal with a debt-discharging effect. For payment processing via PayPal – in addition to our Terms and Conditions – the Terms and Conditions and data protection policy of PayPal shall apply. Additional information and the complete Terms of PayPal for invoice purchase can be found at www.paypal.com.
SOFORT by Klarna
After placement of the order, you will be forwarded to the online provider SOFORT GmbH's website. In order to pay the invoice amount via SOFORT, you must have an online banking account with PIN/TAN process for participating in SOFORT online bank transfer, identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.
Amazon Pay
During the ordering process you will be forwarded to the online provider Amazon's website before completing the ordering process in our online shop. In order to process the ordering process via Amazon and pay the invoice amount, you must be registered there or register first and identify yourself with your access data. There, you may confirm the delivery address and payment method stored with Amazon and confirm the use of your data by Amazon and the payment instructions to us. After this, you will be returned to our online shop, where you may complete the ordering process. Directly after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive additional information during the ordering process.
Cash payment on collection
You may pay the invoice amount in cash on collection.
6. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
10. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Code of conduct
We have submitted to the following codes of conduct:
- Trusted Shops
- http://www.trustedshops.de/guetesiegel/einzelkriterien.html
12. Online dispute resolution
The European Commission provides a platform for online dispute resolutios (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute settlement procedure before this authority.
13. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.
