Terms & Conditions
Information according to § 5 TMG / § 55 RStV
Noah Living GmbH
General Terms and Conditions
1.1 These general terms and conditions (hereinafter "GTC") of Noah Living GmbH 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.
1.2 A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An 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
The purchase contract is concluded with Noah Living GmbH.
2.1 The product descriptions contained in the seller's online shop 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 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 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 placing a binding order using 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 browser's enlargement function, which is used to enlarge the display on the screen. 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 Orders are processed and contact is usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process 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 by third parties commissioned to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within 30 days without giving a reason.
The cancellation period is 30 days from the day on which you or a third party named by you who is not the carrier has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Noah Living GmbH, Arkonaplatz 2, 10435 Berlin / +49 (0) 30 61 640 445 / email@example.com) by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
In order to meet the withdrawal deadline, it is sufficient for you to send your notification that you are exercising your right of withdrawal before the withdrawal period has expired.
We coordinate the collection of the goods with you. Do not send any goods back unequivocally. To coordinate the collection, contact our customer service:
Telephone: +49 (0) 30 61 640 445
Consequences of the revocation
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the condition, properties and functionality of the goods.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices.
4.2 The payment option (s) will be communicated to the customer in the seller's online shop.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 The delivery is free of charge.
5.3 Collection of the goods yourself or deliveries to a packing station is not possible for logistical reasons.
6) Reservation of title
If the seller makes an advance payment, he reserves 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 Notwithstanding this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller fraudulently concealed the defect.
7.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
For claims based on 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 ,
for willful or grossly negligent breach of duty,
for guarantee promises, if agreed, or
insofar as the scope of the Product Liability Act is open.
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 compliance of which the contractual partner can regularly rely, (cardinal obligations) through slight negligence on the part of us, our legal representatives or Liability for vicarious agents is limited to the amount of damage that was foreseeable when the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9) Applicable law
9.1 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. For 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.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded .
10) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat 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 is based 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 customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office..