Terms and Conditions
1.1
These Terms and Conditions (hereinafter "T&Cs") of Noah Living GmbH apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the seller with regard to the goods displayed by the seller in his online shop.
1.2
A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1
The purchase contract is concluded with Noah Living GmbH.
2.2
The product descriptions contained in the seller's online shop do not constitute binding offers from the seller but serve to submit a binding offer by the customer.
2.3
The customer can submit the offer via the online order form integrated into 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 contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.4
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 email), 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 requesting the customer to pay after submitting their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer's offer is sent 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 a rejection of the offer with the result that the customer is no longer bound by their declaration of intent.
2.5
When selecting the "PayPal Express" payment method, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6
When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after submitting their order along with the present T&Cs in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed by the customer free of charge via their password-protected customer account, provided the customer has created a customer account in the seller's online shop before submitting their order.
2.7
Before submitting 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 which the display on the screen is enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8
The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned with order processing can be delivered despite the use of spam filters.
3.1
Consumers generally have a right of withdrawal. Businesses (entrepreneurs) do not have a right of withdrawal.
3.2 Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period is 30 days from the day on which you, or a third party other than the carrier and indicated by you, acquire physical possession of the last goods.
To exercise the right of withdrawal, you must inform us (Noah Living GmbH, Torstraße 140, 10119 Berlin, Germany, phone +49 (0)30 61 64 04 45, email hello@noah-living.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form on our "Right of withdrawal" page, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw, we kindly ask you to return the goods in their original packaging where possible. This is not a condition for the withdrawal. We therefore recommend folding the packaging and keeping it until you have made your final decision.
3.3 Collection
Please do not send the goods back yourself. We will collect them from you and agree the date with you. To arrange the pickup, please contact our customer service:
+49 (0)30 61 64 04 45
hello@noah-living.com
3.4 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We will collect the goods. We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3.5 Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or decision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. At Noah, this applies to furniture and covers that we make specially at your request: from a customer fabric (fabric supplied by you), from a special fabric outside our fabric collection, in a special frame colour or in a special size, meaning a frame colour or size that we do not offer in our online shop.
Furniture in our standard fabrics, colours and sizes, meaning everything offered for the product in our online shop, is not made to order in this sense. This also applies if you combine several standard fabrics or colours (for example a multi-coloured sofa) or put the piece together from our standard modules. The right of withdrawal applies to this furniture.
4.1
Unless otherwise stated in the seller's product description, the prices quoted are total prices.
4.2
The payment option(s) will be communicated to the customer in the seller's online shop.
4.3
When paying via a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.1
Delivery of goods shall be made by shipment to the delivery address specified by the customer, unless otherwise agreed. The delivery address provided during the order process shall be decisive.
5.2
Delivery within Germany and Switzerland shall be free of charge. In these countries, delivery shall be made to the place of use, provided that local conditions permit proper delivery. The customer shall ensure that access routes are freely accessible and sufficiently dimensioned.
5.3
Delivery within Austria shall be made to the place of use, provided that local conditions permit proper delivery. Shipping costs shall be calculated separately and displayed during the order process.
5.4
If delivery to the place of use cannot be completed for reasons attributable to the customer, we reserve the right to perform delivery at the curbside or to charge any additional costs incurred separately.
5.5
For deliveries to all other countries, delivery shall be made at the curbside, unless otherwise expressly agreed. Shipping costs for such deliveries shall be calculated individually and displayed separately during the order process.
5.6
The risk of accidental loss or deterioration of the goods shall pass to the customer upon delivery of the goods.
5.7
Self-collection of the goods and deliveries to Packstations shall not be possible for logistical reasons.
5.8
For business customers, as well as for orders with higher volumes, project-based requests, or special logistical requirements, we reserve the right to charge shipping and delivery costs individually, deviating from the above provisions. In such cases, the costs will be specified separately in the offer or during the ordering process.
6.
If the seller makes advance payments, he retains ownership of the delivered goods until full payment of the purchase price owed.
7.1
If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2
Notwithstanding this, the limitation period for defect claims for used goods is one year from delivery of the goods to the customer. The shortening of the limitation period to one year does not apply:
- for items that have been used in accordance with their usual use for a building and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, and
- in the event that the seller has fraudulently concealed the defect.
7.3
The customer is requested 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 their statutory or contractual defect claims.
8.
For claims arising from damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, body or health, in the event of an intentional or grossly negligent breach of duty, in the case of guarantee promises, if agreed, or insofar as the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), through slight negligence on the part of us, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9.1
The law of the Federal Republic of Germany applies to all legal relationships of the parties under the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9.2
Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has their registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the seller is entitled in any case to appeal to the court at the customer's registered office.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.