GENERAL TERMS AND CONDITIONS AND CUSTOMER INFORMATION

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts concluded with us as the provider (Benjamin Sen) via the website https://noviply.com/, unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
  2. We only offer our products for sale to natural or legal persons or legally competent partnerships acting in the exercise of their commercial or independent professional activity (entrepreneurs). Contracts with consumers are excluded.

§ 2 Conclusion of the Contract

  1. The subject of the contract is the sale of goods. The essential characteristics of the goods are found in the respective offer.
  2. By listing the respective product on our website, we provide you with a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the respective offer.
  3. The contract is concluded via the online shopping cart system as follows:
    • The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
    • After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will be displayed as an order overview.
    • If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment provider.
    • If redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview either on the website of the instant payment provider or after being redirected back to our online shop.
    • Before submitting the order, you have the opportunity to review and change the details in the order overview or cancel the order altogether using the browser’s “back” function. By submitting the order via the corresponding button, you legally accept the offer, concluding the contract.
  4. You may also submit a binding contractual offer (order) by telephone, email, fax, or post.
    • Acceptance of the offer (and thus the conclusion of the contract) takes place immediately or within 5 days at the latest by confirmation in text form (e.g., email), in which the execution of the order or the delivery of the goods is confirmed (order confirmation).
    • If you do not receive a corresponding notification within this period, you are no longer bound by your order. Any services already provided will be refunded immediately.
  5. Upon request, we will create an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days (unless otherwise stated in the respective offer). You accept the offer by confirming it in text form.
  6. The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out via email, partly automated. You must ensure that the email address you provided is correct, and that the receipt of emails is technically ensured and not prevented by SPAM filters.

§ 3 Prices, Payment Terms, and Shipping Costs

  1. The prices listed in the respective offers, as well as the shipping costs, are net prices. They do not include the statutory VAT.
  2. The incurred shipping costs are not included in the purchase price; they are calculated separately unless free shipping is promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.
  3. In cases where delivery is made to an EU member state, but payment is made outside the European Union, you must bear the costs of money transmission (bank transfer or exchange rate fees).
  4. You have the payment options listed under a correspondingly designated button on our website or in the respective offer. Unless otherwise stated for the individual payment methods or on the invoice, the payment claims from the concluded contract are due immediately. Discounts are only permitted if expressly stated in the respective offer or on the invoice.

§ 4 Delivery Conditions

  1. The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if confirmed by us in writing. For prepayment by bank transfer, the goods will be dispatched only after the full purchase price and shipping costs have been credited to our account.
  2. Should a product ordered by you be unexpectedly unavailable despite the timely conclusion of an adequate hedging transaction for reasons beyond our control, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
  3. Shipment is at your risk. If desired, the shipment can be insured at your expense.
  4. Partial deliveries are permissible and may be invoiced separately, provided that this does not result in additional shipping costs for you.

§ 5 Warranty

  1. The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
    • For damages caused by us through culpable injury to life, body, or health and for other damages caused intentionally or through gross negligence;
    • If we have fraudulently concealed a defect or have assumed a guarantee for the condition of the item;
    • For items that have been used for a building in accordance with their usual use and have caused its defectiveness;
    • For statutory recourse claims that you have against us in connection with defect rights.
  2. Only our own specifications and the product description of the manufacturer are considered as agreed upon regarding the condition of the goods, not other advertising, public promotions, or statements by the manufacturer.
  3. In the event of defects, we provide warranty at our discretion either by rectification or replacement. If the rectification fails, you can demand a reduction or withdraw from the contract at your discretion. The rectification is deemed unsuccessful after the second failed attempt unless the nature of the item, defect, or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the relocation does not correspond to the intended use of the goods.

§ 6 Right of Retention, Retention of Title

  1. You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
  2. We retain ownership of the goods until all claims arising from the current business relationship have been settled. Pledging or transferring the goods as security before the transfer of ownership is not permitted.
  3. You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice total that accrue to you from the resale, and we accept this assignment. You are further authorized to collect the claim. If you do not fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.
  4. If the goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
  5. We undertake to release the securities due to you at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 7 Choice of Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

II. Customer Information

1. Identity of the Provider

Benjamin Sen
Syker Str. 263
27751 Delmenhorst
Germany
Phone: +494221 5923324
Email: info@noviply.com

2. Information on the Conclusion of the Contract

The technical steps involved in concluding a contract, as well as the conclusion itself and the options for correction, are carried out according to § 2 of our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

  1. The contract language is German.
  2. We do not store the complete contract text. Before submitting the order or request, the contract data can be printed or electronically saved using the browser’s print function.

These General Terms and Conditions and Customer Information were created by the IT law specialists of Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 29.11.2023

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