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| General Terms and Conditions (AGB) Right of Revocation and Restitution |
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NonEM e.K. carries out your orders on the basis of the following general Terms and Conditions (AGB). The AGB provided at the time of your order are valid. We do not recognize regulations deviating from these conditions unless they are confirmed by us in writing.
§ 1 Completion of contract
(1) The contract on the basis of these General Terms and Conditions between you and NonEM e.K. comes about when you send your order via the online order form. We accept your order as soon as we communicate the delivery of the product to you. NonEM e.K. reserves the right to refuse the order especially in the case that your message in the online order form contains writing, printing or calculation mistakes which are the basis of your order.
(2) You are required to examine the confirmation in terms of obvious writing mistakes and miscalculations as well as in terms of deviations between the order, confirmation and delivery. You are obliged to inform us about such discrepancies immediately. If you or we demand liquidation because of a discrepancy, then please do not further open the product. You must otherwise carry the depreciation arising from it.
§ 2 Revocation right, exemption of revocation
(1) A revocation right is entitled to the buyer as a consumer. The revocation period is two weeks. It starts on sides of the receiver with the day of the receipt of the product. In order to meet the 2-week deadline, the punctual dispatch of the revocation suffices. Please send it to the following address: NonEM e.K., Schweizer Straße 12, 47058 Duisburg, Germany. The revocation does not require any grounds, it must be carried out in writing or via another durable data carrier or by return of the ordered product.
(2) In the case of a revocation, we will refund payments already made. The buyer is obliged to return goods already delivered by us. Please mention your customer number.
(3) The package with the returned goods needs to be stamped. Please thereby choose the most cost-efficient form of dispatch, for instance book rate dispatch. NonEM e.K. will not accept returned packages which have not been stamped. If the value of the ordered goods lies below 40 Euro, you must carry the return costs. In the case that the value of the ordered goods lies above 40 Euro, or if the returned goods had not been ordered by you or are faulty, NonEM e.K. will in any case refund the cost of returning the goods.
(4) The purchase of our products cannot be revoked in the case that the goods have been used or show traces of usage. In the same manner, the right of revocation ceases to exist in case you have opened sealed CDs.
§ 3 Delivery
(1) We deliver the ordered products to the address which you have indicated.
(2) As soon as the delivery has been handed over to the freight carrier of NonEM e.K., the responsibility is transferred to you. This also applies if the goods are delivered in separate parts.
(3) We deliver the goods you have chosen for free within Germany, Austria and Switzerland. For delivery to all other European countries, we charge 5 Euro shipping costs. For delivery to countries outside Europe, we generally choose what we consider the most cost-efficient means of transport. The receiver bears the cost of the consignment, incl. the packaging. In the case of delivery of goods to countries outside the European Community, you carry possible costs for taxes and customs.
(4) If, contrary to our expectations, we are not able to deliver a certain product, we will inform you immediately via Email. In the case that goods are out of stock for a short time, as well as in terms of titles that have not yet been published, NonEM e.K. grants you the right to prebook. NonEM e.K. will deliver new releases as soon as they have been printed.
(5) NonEM e.K. has the right to deliver goods in separate parts as long as no further costs of packaging and handling are transferred to you.
(6) Our service-hotline will answer your question on the status of your order and delivery: +49 (0) 203- 5035545. You are also welcome to pose your question to us via Email at info@nonem.de.
§ 4 False or faulty delivery
Goods that have been wrongly delivered or are faulty should be returned to:
NonEM e.K.
Schweizer Str. 12
47058 Duisburg
Germany
Please mention the reasons for returning the goods, as well as the exact title(s) that have been wrongly delivered. Please include the invoice in your return parcel. In the case of justified complaints, NonEM e.K. will exchange the wrongly delivered or faulty goods for flawless goods.
§ 5 Terms of payment
(1) All prices include VAT, as long as nothing else is clearly indicated.
(2) In the course of the order process, you will receive an invoice from us.
(3) The purchase price as well as the indicated shipping costs need to be paid in net immediately and without deduction of trade discount, even in the case of a partial delivery.
(4) A compensation on your part is permitted only if the demand is uncontested or legally ascertained.
(5) In case you do not pay on time, NonEM e.K. has the right to demand, due to default, an interest rate that lays 5% above the basic interest rate fixed by the European Central Bank.
(6) The delinquency period begins two weeks after the date stated on the invoice. We reserve the right to transfer overdue demands to an external encashment company. The debtee bears the resulting costs.
§ 6 Reservation of ownership
The delivered goods remain property of NonEM e.K. until they have been paid for in full. Place of completion and place of court is Duisburg.
§ 7 Guarantee and Liability
In the case that the delivered goods have defects, due to us, we will provide either substitute delivery or elimination of the defects in adequate time. If for reasons for which NonEM e.K. has to accept the responsibility, an elimination of the defects or substitute delivery is not possible within the period of 8 weeks, then the customer is authorized to require a reduction of the selling price or to cancel the contract. NonEM e.K. is responsible for indebted damage if it infringes upon contractual main obligations and if an attribute of the warranted goods is lacking. Beyond that, NonEM e.K. is responsible only according to the law of product accountability. NonEM e.K. is not accountable for breaching contractual side obligations, unless it caused the damage by acting grossly negligent or with intent. In the case that NonEM e.K. breaches a contractual main obligation in a slightly negligent way, it will vouch for the typically predictable damage up until the amount of the purchase price of the ordered goods.
§ 8 Different
In case one or more regulations of these Terms and Conditions (AGB) are ineffective, this does not imply that the entire contract becomes ineffective. In this case, the appropriate lawful rule replaces the ineffective regulation. In respect to all contentions resulting from the contract, the only valid laws are those of the Federal Republic of Germany.
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