Terms of service
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Prices and Payment Processing
- Shipping and Delivery
- Retention of Title
- Liability for Defects
- Liability Provisions
- Promotional and Discount Vouchers
- Right of Withdrawal
- Choice of Law
- Place of Jurisdiction
- Consumer Dispute Resolution
- Final Provisions
1) Scope of Application
These General Terms and Conditions (hereinafter referred to as “GTC”) govern all purchase contracts for goods concluded via the online shop of Novoria (hereinafter referred to as the “Seller”). They apply to both consumers and entrepreneurs. Consumers and entrepreneurs are hereinafter collectively referred to as the “Customer”. Conflicting or supplementary terms and conditions of the Customer shall not apply unless the Seller expressly agrees to their validity.
- A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
- An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity that enters into the contract not for private purposes but in the course of a self-employed or commercial activity.
2) Conclusion of the Contract
2.1 The presentation of products and the associated descriptions in the online shop is non-binding and merely constitutes an invitation to the Customer to submit a binding purchase offer.
2.2 The Customer submits a binding offer by placing the desired items in the virtual shopping cart, completing the ordering process in full, and submitting the order by clicking the button provided to complete the order.
2.3 The contract for the purchase of goods is concluded between the Seller and the Customer only when the Seller expressly accepts the offer. Acceptance occurs either by dispatching the ordered goods, by sending a shipping confirmation by email, or by requesting payment of the purchase price – whichever occurs first. If several of the aforementioned events occur, the contract is deemed concluded at the time the first of these events occurs. Mere confirmation of receipt of the order does not constitute acceptance of the contractual offer.
2.4 Contracts for quantities exceeding customary private household needs, as well as the commercial resale of purchased products, require the express consent of the Seller. This applies both to the number of items within a single order and to the placement of multiple orders for the same product, where each individual order constitutes a customary household quantity.
2.5 If the Customer chooses a payment method offered by PayPal, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. PayPal’s terms of use apply in addition. If the Customer selects a PayPal payment option during the ordering process, the Customer’s offer is deemed accepted once the Customer clicks the button to complete the order.
2.6 Prior to submitting the order, the Customer has the opportunity to identify and correct any input errors using the correction tools provided. Technical aids such as the browser’s zoom function, which enlarges the on-screen display, may serve to better identify input errors. Throughout the ordering process, the Customer may correct their entries until clicking the button to complete the order.
2.7 The contract may only be concluded in the languages offered in the online shop. The selected language is displayed in the online shop.
2.8 Order processing and communication with the Customer are generally carried out by email and via the automated ordering system. The Customer is obliged to provide a valid email address through which all messages from the Seller can be received. This includes ensuring that emails from the Seller or third parties commissioned by the Seller can be delivered even if spam or other filters are used.
3) Prices and Payment Processing
3.1 All prices stated in the online shop are final prices. In accordance with Section 19 of the German VAT Act (UStG), no value-added tax is charged. Shipping costs, if applicable, are shown separately.
3.2 The available payment methods are displayed to the Customer during the ordering process.
3.3 When using payment methods via PayPal, PayPal may engage additional service providers to process the payment. In certain cases, a credit check may be carried out. Regardless of any assignment of claims, the Seller remains the point of contact for all customer-related inquiries.
3.4 If a payment method via Shopify Payments is selected, payment processing is carried out via Stripe Payments Europe Ltd., Dublin. The terms and conditions of Shopify Payments apply in addition.
4) Shipping and Delivery
4.1 Delivery is made to the delivery address specified by the Customer within the delivery area defined by the Seller.
4.2 If delivery cannot be made due to circumstances for which the Customer is responsible, the Customer shall bear the resulting additional costs, insofar as legally permissible.
4.3 For entrepreneurs, the risk of accidental loss or deterioration of the goods passes to the Customer upon handover to the transport company. For consumers, the risk generally passes only upon delivery of the goods, unless the Customer has commissioned the shipping service provider themselves.
4.4 If, despite careful planning and proper coverage transactions, the Seller is not supplied by its own supplier, the Seller reserves the right to withdraw from the contract. Any consideration already provided will be refunded without delay.
4.5 Collection of the goods on site is not possible.
5) Retention of Title
The delivered goods remain the property of the Seller until full payment of all claims arising from the respective purchase contract has been made by the Customer.
6) Liability for Defects
6.1 The following deviations from statutory warranty rights apply to entrepreneurs:
-
The Seller decides on the type and manner of subsequent performance.
-
The limitation period for claims for defects in new goods is one year.
-
Claims for defects in used goods are excluded.
-
Replacement delivery does not trigger a new limitation period.
6.2 These limitations do not apply in cases of fraudulent concealment of defects, injury to life, body, or health, or mandatory statutory liability.
6.3 Statutory rights of recourse remain unaffected.
6.4 Merchants are obliged to inspect the goods without delay and to notify any recognizable defects in accordance with Section 377 of the German Commercial Code (HGB).
6.5 Consumers are requested to report obvious transport damage to the delivery service provider and to inform the Seller accordingly. Failure to do so does not affect statutory claims.
7) Liability Provisions
7.1 The Seller is fully liable in cases of intent, gross negligence, injury to life, body, or health, and in cases of mandatory statutory liability. The Seller is also liable on the basis of a guarantee, unless otherwise stipulated in this respect.
7.2 In the event of slightly negligent breach of essential contractual obligations, liability is limited to the damage typically foreseeable.
7.3 Any further liability is excluded.
7.4 These liability provisions also apply in favor of the Seller’s legal representatives and vicarious agents.
8) Promotional and Discount Vouchers
8.1 Free promotional vouchers may only be redeemed in the online shop during the specified period.
8.2 Individual items may be excluded from voucher promotions.
8.3 Vouchers must be redeemed before completing the ordering process. Subsequent crediting is not possible.
8.4 Cash payment of voucher balances is excluded.
8.5 If goods paid for with a voucher are withdrawn, the voucher will not be refunded.
8.6 Vouchers are transferable unless the Seller has knowledge of the redeemer’s lack of entitlement.
9) Right of Withdrawal
Consumers generally have a right of withdrawal. The scope, requirements, and exercise of the right of withdrawal are set out in the separate withdrawal policy provided to the Customer.
10) Choice of Law
All legal relationships are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory consumer protection provisions of the country of residence remain unaffected.
11) Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the Seller’s place of business shall be the exclusive place of jurisdiction.
12) Consumer Dispute Resolution
The Seller does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
13) Final Provisions
13.1 If the Customer breaches these GTC and the Seller does not take action, the Seller remains entitled to exercise its rights on any other occasion in which the Customer breaches these terms and conditions.
13.2 The Seller reserves the right to make changes to the website, rules, conditions, and these GTC at any time. The sales terms, contractual conditions, and GTC valid at the time of the Customer’s order shall apply, unless changes are required by law or by authorities – in which case they shall also apply to orders placed previously. If any provision of these terms and conditions is invalid, void, or otherwise unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.
13.3 The invalidity of any provision shall not affect the validity of the remaining provisions of the contract. In such a case, the invalid provision shall be replaced, in accordance with its intent and purpose, by another legally permissible provision that comes closest to the intent and purpose of the invalid provision.