General Terms of Service and Customer Information

I. General Terms and Service

§ 1 Basic provisions

(1) The following terms of service apply to all contracts that you conclude with us as the provider – NOBLE NOMADS GmbH – via the website www.noble-nomads.de . Unless otherwise agreed, the inclusion of your own terms of service, if any, does not apply.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial activity (self-employed, professional or otherwise). An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts to carry out their independent professional or commercial activity when concluding a legal transaction.

(3) The contract language is German. The complete contract text will not be stored by the provider. Before sending the order via the online order form, the contract data can be printed or electronically saved via the browser’s print function. After receiving the order sent by the provider, the order data, the legally prescribed information for distance selling contracts and the general terms of service are sent to the customer with the contract confirmation again by email.  In the case of customer requests and quotation, which are sent to the provider e.g. by e-mail, the customer receives all contractual data within the scope of a binding offer by e-mail, which the customer can print out or save electronically.

§ 2 Contract content matter

(1) The contract content matter is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information provided on the supplier website.

§ 3 Contract conclusion

(1) As soon as you place the respective product on our website, we will make you an offer to conclude a contract under the conditions stated in the item description.

(2) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the “shopping basket/cart”. Via the corresponding button in the navigation bar you can call up the “shopping basket/cart” and make changes there at any time.
After calling up the page “Checkout” and entering one’s personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal) as your payment method, you will either be taken to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter 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 data again, to change it (also via the function “back” of your internet browser) or to cancel the purchase.
The presentation of the products in the online shop does not represent a legally binding offer. By clicking on the button “SEND ORDER” you make a binding offer to purchase the goods contained in the shopping cart. The confirmation that your order has been received occurs in the form of the acceptance of the order. With this e-mail confirmation, the sales contract has taken place.

(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that your ability to receive the e-mails is technically ensured and in particular is not prevented by SPAM filters.

(4) If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, any services already rendered will be refunded immediately.

(5) Inquiries of the customer for the purchase of goods outside of the online order form, which are transmitted e.g. by email to the supplier, are noncommittal for the customer. The supplier submits a binding offer to the customer in text form (e.g. by email), which the customer can accept within 5 days.

§ 4 Right of retention, reservation of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

§ 5 Liability

(1) We shall in each case be liable without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the quality of the object purchased and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our customer information (Part II).

(3) As far as essential contractual obligations are concerned, our liability in the case of slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and the breach of which would endanger the purpose of the contract and its achievement. This also includes obligations which the contract imposes on us in accordance with its content in order to achieve the contract’s purpose; the fulfillment of which makes the proper execution of the contract possible in the first place and the observance of which you may regularly rely on.

(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty shall be excluded.

(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are neither liable for the permanent nor uninterrupted availability of the website and the services offered there.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) Place of performance for all services from the existing business relations with the provider and place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer, but a merchant, legal entity under public law or special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or usual abode is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.

NOBLE NOMADS GmbH – Status 10.01.2018

II. Customer information

1. Identity of the seller

NOBLE NOMADS GmbH
Fichtenstraße 31
12621 Berlin

Represented by: Munkhbold Bold, Stephan Schäfer

Phone: +49 (30) 40366474-3
Fax: +49 (30) 40366474-0
E-mail: info@noble-nomads.de

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr .

2. Information regarding contract conclusion

The technical steps for concluding the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 3 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

(1) The contract language is German.

(2) The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser’s print function. After the order has been received by 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.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices, shipping, return costs and payment modalities

(1) The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components. In accordance with § 19 UStG we do not charge VAT and therefore do not disclose this (small business status).

(2) The shipping costs are not included in the purchase price. They can be called up via an appropriately marked button on our website or in the respective offer. They are shown separately in the course of the ordering process and are to be borne additionally by you, unless delivery free of shipping costs has been promised.

(3) You shall bear the direct costs of returning the goods.

(4) The methods of payment available to you are shown under a correspondingly designated button on our website or in the respective offer.

(5) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

6. Terms of delivery

(1) The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately marked button on our website or in the respective offer.

(2) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the provider is not responsible, the customer will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment only passes to you with the delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.

7. Legal liability for defects

(1) The statutory warranty rights exist.

(2) As a consumer, you are requested to check the goods immediately upon delivery for the order’s completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this has no effect on your statutory warranty claims.