General Terms and Conditions

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1. Scope

These terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside his trade, business, or profession. An entrepreneur is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

These terms and conditions also apply to entrepreneurs for future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

 

2. Contractual Partner, Conclusion of Contract

The purchase contract is concluded with Noke GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive another confirmation by email.

 

3. Contract Language, Contract Text Storage

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our terms and conditions by email. You can also view the terms and conditions on this page at any time. For security reasons, your past orders are no longer accessible via the internet.

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4. Delivery Conditions

In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.

We generally only offer pickup at Noke GmbH c.-o. Joachim Behrens Scheessel GmbH, Celler Str. 60, 27374 Visselhoevede, Germany during the specified business hours: By appointment only and only for specific goods.

We do not deliver to packing stations.

 

5. Payment

The following payment methods are generally available in our shop:

Advance payment

If you choose the payment method advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Credit card

By placing the order, you provide your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and charged to your card. There are no additional costs.

PayPal

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 instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.

The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Amazon Pay

During the ordering process, you will be redirected to the website of the online provider Amazon 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 authenticate yourself with your access data. There, you can choose the delivery address and payment method stored with Amazon, confirm the use of your data by Amazon and the payment instruction to us. After that, you will be redirected to our online shop, where you can complete the ordering process.

Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process. There are no additional costs.

 

6. Retention of Title

The goods remain our property until full payment is made.

For entrepreneurs, the following applies additionally: We reserve the right to ownership of 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; all claims resulting from this resale are assigned to us in advance – irrespective of any connection or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

 

7. Transport Damage

For consumers applies: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods sold is transferred to you once we have delivered the item to the freight forwarder, the carrier, or any other person or institution designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you neglect the notification regulated there, the goods are considered approved, unless it concerns a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

 

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory right to defects applies.

For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.

Compared to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we initially provide a warranty to entrepreneurs at our discretion through rectification of defects (repair) or by delivering a defect-free item (replacement).

The aforementioned restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health

in case of intentional or grossly negligent breach of duty and fraudulent intent

in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)

within the framework of a guarantee promise, if agreed

as far as the scope of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

 

9. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health,

in case of intentional or grossly negligent breach of duty,

in case of guarantee promises, if agreed, or

as far as the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected. Otherwise, claims for damages are excluded.

 

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. Consumers have the opportunity to use this platform to resolve their disputes.

To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. The responsible body is the General Consumer Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute settlement procedure before this body.

 

11. Final Provisions

If you are a merchant, German law applies, excluding the UN sales law.

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.

Terms and conditions created with the Trusted Shops legal text generator in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

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