General terms and conditions of business

Conditions

§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services of Nobelclean Diamonding Service GmbH, Theaterstrasse 22, 53111 Bonn (hereinafter: "Seller"), relating to the online shop http://www.nobelclean-shop.de and all related domain belonging sub-domains. Deviating customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Bonn if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time the action is filed.
(5) We deliver to the following countries: Germany.
(6) Customers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.

§ 2 Content of contract and conclusion of contract
(1) The seller offers customers new goods, especially cleaning supplies, for sale in the online shop http://www.nobelclean-shop.de.
(2) When shopping in the online shop, a purchase contract is concluded when the seller accepts the customer's order. Price labels in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
The customer also has the option of inquiring about a specific article from the seller by telephone, e-mail, fax or letter. Upon receipt of such a request, the seller will submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.
(3) The contract text is saved. But it is accessible to the customer.
The buyer can access the text of the contract under My Account .

§ 3 Prices, shipping costs, sales tax and payment
(1) For orders via the online shop, the prices stated there apply. All prices include the legal VAT.
(2) The prices do not include shipping and packaging costs, which the customer will be informed of before the order is placed.
The amount of shipping costs depends on the weight and dimensions of the goods and the desired destination: see http://www.nobelclean-shop.de/content/1-versand-payment
(3) The delivery of the customer by the seller takes place at the customer's request against the following payment methods: prepayment (by bank transfer, PayPal, credit card payment), on account (customers who have already ordered).
If the customer chooses advance payment by bank transfer, the payment is due no later than 24 calendar days after the conclusion of the contract.
(4) If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or otherwise in text form.

§ 4 Delivery and Passing of Risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. Delivery will be made from the Seller's warehouse.
(2) The availability of the individual goods is specified in the item descriptions. Unless otherwise expressly agreed, the seller will ship goods that are in stock within 1-2 working days after the payment has been instructed (in the case of advance payment by bank transfer: within 1-2 working days after receipt of payment). If the goods are marked as not in stock when selling via the online shop, the seller will endeavor to deliver as quickly as possible. The seller's information on the delivery period is non-binding, unless the seller has expressly promised the delivery date in a binding manner.
(4) The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred to the forwarding agent, the carrier or the person otherwise responsible for carrying out the shipment when the goods are delivered.

§ 5 Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 6 Liability for Material and Legal Defects
(1) If there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
If only merchants are involved in the contract, §§ 377 et seq. HGB shall also apply.
(2) Damage caused by improper actions by the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller.
The customer can find information on proper handling in the manufacturer's descriptions.
(3) The customer must notify the seller of defects within a warranty period of two years for new items or one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used items, the warranty for entrepreneurs is excluded.
The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer which are aimed at compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.
(4) If there are defects and if these were asserted in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.

§ 7 Information obligations in the event of transport damage
If goods are delivered with obvious damage to the packaging or the contents, the customer should complain immediately to the carrier/freight service without prejudice to his warranty rights (§ 7) and immediately by e-mail or other means (fax/post) to the seller Contact them so that they can protect any rights they may have against the carrier/freight service.

§ 8 Disclaimer
(1) Apart from the liability for defects in quality and title, the seller is liable without limitation if the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies) , but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.
(2) The limitations of liability in the preceding paragraph do not apply to injury to life, limb or health, to a defect after a guarantee has been given for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the seller's liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.