Conditions of Use
General terms and conditions with customer information
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of campaign vouchers
9. Applicable Law
10. Code of Conduct
11. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter “GTC”) from Marie-Therese Geetz, Noomya (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to closes the goods displayed by the seller in his online shop. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before binding the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 The payment option (s) is / are communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "SOFORT Überweisung" is selected, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12,
80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account with PIN / TAN that has been activated for participation in SOFORT Überweisung, identify himself accordingly during the payment process and the
Confirm payment instructions to SOFORT. The payment transaction is carried out immediately afterwards by SOFORT and the customer's bank account is debited.
The customer can find more information about the SOFORT transfer payment method on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/ recall.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him had announced the service a reasonable time in advance.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of campaign vouchers
8.1 Vouchers that are issued by the seller free of charge as part of advertising campaigns with a certain period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online shop and only within the specified period.
8.2 Promotion vouchers can only be redeemed by consumers.
8.3 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
8.4 Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
8.5 Only one campaign voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.8 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
8.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.10 The campaign voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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