Terms and conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as supplier (NOX Cycles Gmbh) via the website www.noxcycles.com. Unless otherwise agreed, the inclusion of your own conditions, if applicable, is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed 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 his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
(2) As soon as the respective product is posted on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the page "Checkout" and entering your personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon-Payments, Postpay, Sofort) as 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 the data is forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order you have the possibility to check all information again, to change it (also via the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the button "Send order" you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for an offer are not binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have entered with us is correct, that the receipt of e-mails is technically guaranteed and in particular is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) The statutory rights of liability for defects exist.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the forwarding agent of any complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as 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 usual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer Information
1. Identity of the seller
NOX Cycles GmbH
Oranienburger Straße 1 – 3
Phone: +49 (0) 30 36753237
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction shall be in accordance with the provisions of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1 The contractual language is English.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After receipt of the order with us the order data, the legally prescribed information with remote sales contracts and the general trading conditions are sent again by e-mail to you.
3.3 For requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding quotation in text form, e.g. by e-mail, which you can print out or electronically save.
4. Codes of conduct
We have submitted to the code of honour of Trusted Shops GmbH, available at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and payment methods
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 Shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the order process and must also be borne by you, unless delivery free of shipping costs has been promised.
6.3 If the delivery is made to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. You must also bear any costs incurred for money transfer in cases where delivery is made to an EU member state but payment was arranged outside the European Union.
6.4 The payment methods available to you are indicated under an appropriately designated button on our website or in the respective offer.
6.5 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment shall not pass until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the company or another person appointed to carry out the shipment.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association who specialise in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
last update: 19.11.2018