terms and conditions
General terms and conditions and customer information
§ 1 Basic Provisions
§ 2 Conclusion of the contract
§ 3 Right of retention, retention of title
§ 4 Warranty and Liability
§ 5 Choice of law, place of performance, place of jurisdiction
§ 6 Delivery Conditions
§ 7 Prices and payment terms
§ 8 Final Provision
§ 9 Provider Information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Noh Nee) via the website www.nohnee.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a purchase contract under the conditions specified in the item description.
(3) The purchase contract is concluded via the online shopping cart system as follows:
The goods you intend to buy are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After calling up the "Check order" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there. You will then be redirected back to the order overview page in our online shop.
Before submitting your order, you have the opportunity to check all the information again, change it (also via the "back" function of your Internet browser) or cancel the purchase.
By submitting the order via the "Buy" button, you declare your legally binding acceptance of the offer, whereby the purchase contract is concluded.
(4) Acceptance of the offer (and thus conclusion of the contract) takes place immediately after ordering by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty and Liability
(1) The warranty is based on the statutory provisions. In the event of a complaint, we ask that you provide proof of the date of purchase by means of an invoice and send the item complained about together with a copy of the invoice to Nipparel GmbH, Baierbrunnerstr. 83, 81379 Munich. Normal wear and tear of the goods does not constitute grounds for a warranty claim.
(2) You have the right to subsequent performance and the right to withdraw from the contract or to reduce the purchase price to the extent provided for by law, whereby in the case of subsequent performance we can choose between free removal of the defect or replacement delivery (after performance). If subsequent performance fails, you have the legal right to choose between reducing the price or withdrawing from the contract. We are entitled to make a total of two attempts at subsequent performance. If one type of subsequent performance is only possible at disproportionate cost, your claim is limited to the other type of subsequent performance.
(3) We assume no liability for damages and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, excessive use or improper repair by a third party.
(4) Minor deviations in colour, design and shape do not constitute a defect as long as the delivered goods correspond in quality and price to the goods ordered.
(5) Further claims, in particular for consequential damages, are generally excluded. This does not apply in the case of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and whose compliance you can regularly rely on.
(6) The risk of accidental loss and accidental deterioration of the goods in the case of mail order sales passes to you or a recipient selected by you when the goods are handed over to you.
(7) We exclude our liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we are liable in the event of intent and gross negligence, including that of our vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damages resulting from injury to life, body or health. In the case of negligently caused property damage and financial losses, we and our vicarious agents are only liable in the event of a breach of an essential contractual obligation, but the amount is limited to the damages that were foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer can rely.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 6 Delivery Conditions
(1) The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website.
(2) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
§ 7 Prices and payment terms
(1) The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
(2) The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
(3) The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective item description.
(4) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
§ 8 Final Provisions
As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
§ 9 Provider Information
Noh Nee
Rahmeé Wetterich
Hans-Sachs-Straße. 2 | 80469 Munich | Germany
Telephone: +49(0)8988981270 Email: order@nohnee.de
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr .