Nowak GmbH - General terms and conditions

General terms and conditions of Nowak GmbH, Lübeck

§ 1
Your contracting party for all orders is Nowak GmbH, Hutmacherring 3, 23556 Lübeck. The acceptance of an order takes place through the acknowledgement of order or by shipping the goods at the latest.

§ 2
Standard goods are delivered regularly at short term, deliveries can take place only while stocks last or procurement of the goods is still possible. We have the right to demand a down payment or payment in advance, in this case, delivery times will be postponed accordingly. If an item is finally sold out and cannot be procured again, you will receive a notification.

Any continuous delivery takes place with the proviso that we are supplied ourselves timely and properly by our suppliers. In case of delayed delivery, claims for damages against us are excluded as far as no intent or gross negligence on our part is involved.

§ 3
3.1
We charge the following shipping and handling fee:
For orders of a value less than € 49.-, we will charge a flat rate shipping fee of € 4.50.

3.2
Unless otherwise agreed in writing, we ship the goods for the customer’s account and risk. Rises in the freight rates occurring after the conclusion of the contract, any additional costs etc. are at the customer’s expense. Unless otherwise agreed expressly in writing, we reserve the right to choose the shipping route and method.

3.3
The risk of accidental destruction, loss or deterioration of the goods sold passes to the customer upon transfer of the goods to the common carrier charged with the delivery – in case of goods delivered free as well – or when the goods leave the warehouse or are made available for pick-up by the customer or a person charged by the customer at the latest.

3.4
In cases of force majeure or labour dispute in our works as well as in works of our suppliers or vicarious agents (hereinafter together “force majeure”), both parties will be exempted from their corresponding obligation to perform for the period and the extent of the disturbance. If the circumstances that constitute a case of force majeure last for more than 8 weeks, either contracting party will be entitled to withdraw from the contract. In case of withdrawal, neither party shall be entitled to reparation of the damage caused by the withdrawal.

§ 4
Payment, delay, retention of title
Payments have to be made immediately without deduction (cash in advance) and/or by direct debit or cash on delivery (€ 6. - ). Until payment in full, Nowak GmbH retains title to the goods. If the goods are transferred to third parties, all claims arising from this transfer will be assigned to Nowak GmbH at the moment of their arising.

If a payment does not take place, debtor’s delay will start 30 days after the receipt of the invoice or other requests for payment. From this point in time on, interests at a rate of 5 per cent over the corresponding base rate will have to be paid on Nowak GmbH’s claim.

If the customer in default is not a consumer as defined by the BGB [German Civil Code], default interests at a rate of 8 per cent over the corresponding base rate will be payable. We expressly reserve the right to assert other damage incurred by the failure in payment.

§ 5
Nowak GmbH has to be given notice of defects within 10 days, among businessmen within 3 working days. Later complaints for defects of which Nowak GmbH has not been given notice in time are excluded. Opened packs are excluded from taking back. In case of justified complaint, we will be entitled to remedy the defects or to credit the customer’s account with the corresponding sum.

§ 6
Warranty
We assume warranty according to the recent rules of the reform of the law of obligations of the BGB in 2002. German law excluding the UN Sales Convention shall apply.

§ 7
Our offer is subject to modifications of the prices and products without notice. Errors regarding pricing are excepted.

§ 8
Different agreements
Agreements different from these general terms and conditions need to be in writing in order to become effective. To the extent to which such a restriction is permitted by law, the employees of Nowak GmbH will be authorised to agree on provisions different from these terms and conditions in writing only.

§ 9
Right of withdrawal
The customer has the right of withdrawal according to the German Code. The withdrawal period will not start before the duty to inform, among other things, on the right of withdrawal and rescission, in case of the delivery of goods not before the date of the arrival at the consignee’s, in case of repeated delivery of goods of the same kind not before the date of arrival of the first part delivery and in case of services not before the date of the conclusion of the contract. The instruction on the right of withdrawal does not need to be signed by the consumer and can also be made available on a permanent data carrier.

The withdrawal period amounts to two weeks.
The right of withdrawal will expire irrespective of the withdrawal period:
1. in case of delivery of goods, four months after their arrival at the consignee’s at the latest, and
2. in case of services,
a) four months after the conclusion of the contract at the latest or
b) if the contractor started the provision of the service before the end of the withdrawal period with the consumer's consent or the consumer himself / herself prompted the contractor to do so.

§ 10
Damages
Nowak GmbH will be liable for intent and negligence only.

§ 11
Place of jurisdiction for businessmen and private individuals shall be Lübeck. Lübeck shall be the place of jurisdiction for all contracts concluded with us as well as for disputes associated with them regarding contracts with businessmen and private persons having their permanent residence outside the European Union. We will be entitled, however, to sue the customer at his / her relevant general and special places of jurisdiction at our option.

§ 12
If a provision of these terms and conditions is or becomes inoperative, this will not result in all terms and conditions becoming inoperative. On the contrary, the terms and conditions shall remain operative and include a provision coming closest to the economic purpose of the inoperative provision.