General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract for a series of products and/or services, the delivery and/or purchase obligation of which is spread over a longer period of time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that the stored information can be viewed and reproduced unchanged at a later date.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and at the conclusion of the agreement, only one or more means of distance communication are used;
Remote communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur meeting in the same room at the same time.
General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
E-mail address: info@nola-melbourne.com
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily used by the consumer and stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they are free of charge electronically or otherwise transmitted.
In the event that, in addition to these General Terms and Conditions, certain products or services are offered, the second and third paragraphs of the relevant General Terms and Conditions shall apply, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting General Terms and Conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or null and void, the contract and these general terms and conditions shall remain in force, otherwise they shall apply and the relevant provision shall immediately be replaced by mutual agreement by a provision that comes as close as possible to the intention of the original.
To be judged "in the spirit" of these General Terms and Conditions.
Any ambiguity about the interpretation or content of one or more provisions of our General Terms and Conditions must be declared "within the meaning" of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses illustrations, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, technical specifications in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images accompanying the products are a true representation of the products. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular:
the price, with the exception of customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The postal and/or courier service will benefit from the special regulation for postal and courier services with regard to imports. This regulation applies if the goods are imported into the EU country of destination, which is currently the case. The postal and/or courier service collects the VAT (whether combined or not) with the calculated customs clearance costs) from the recipient of the goods;
any shipping costs;
the way in which the contract is concluded and what measures are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement; the period for acceptance of the offer or the period within which the entrepreneur guarantees the price
the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after conclusion and, if so, how it can be consulted by the consumer
the way in which the consumer can check and, if necessary, restore the data provided by him under the contract before concluding the contract;
any languages other than German in which the contract can be concluded; the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, types of material.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical measures and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the contract on the basis of this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur provides the consumer with the product or service with the following information, in writing or in such a way that it is accessible to the consumer, stored on a durable medium, attach:
1. the visiting address of the establishment of the entrepreneur to which the consumer can address complaints;
2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
3. the information on guarantees and existing after-sales service;
4. the information included in article 4 paragraph 3 of these general terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
5. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision of the preceding paragraph shall only apply to the first delivery.
Each contract is concluded subject to the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without reason of withdrawal within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer handles the product and the packaging. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - return it to the entrepreneur in its original condition and packaging in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods are returned on time, e.g. by proof of shipment.
If the customer has not made use of his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 or has not returned the product to the entrepreneur
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible, but no later than 14 days after cancellation. This is the case if the product has already been received back by the web trader or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has made this clear in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products
1. which have been manufactured by the trader according to the consumer's specifications;
2. which are clearly personal in nature
3. which by their nature cannot be returned;
4. that can spoil or age quickly;
5. whose price is subject to fluctuations on the financial market over which the trader has no influence;
6. for loose newspapers and magazines;
7. for audio and video recordings and computer software that the consumer has unsealed.
8. for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transportation, catering or leisure activities to be carried out at a specific time or during a specific period;
2. whose delivery has begun with the express consent of the consumer before the expiry of the withdrawal period;
3. with regard to betting and lotteries.
Article 9 - The price
During the period of validity indicated in the offer, the prices of the products and/or services offered will be subject to price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services at their prices subject to fluctuations in the financial market and the entrepreneur has no influence and offer variable prices. This dependence on fluctuations and the fact that the prices quoted are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are based on statutory regulations or provisions. Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has stipulated this and:
1. these result from statutory provisions or regulations; or
2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The price during the period of validity indicated in the offer has not changed the prices of the products and/or services offered, with the exception of price changes due to changes in VAT rates.
The ordered product is registered by the postal company on behalf of the consumer. Subsequently, the postal service collects the import VAT or refund costs from the customer. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of soundness and/or usability and the date of the conclusion of the agreement existing legal provisions and/or government regulations. In the event that agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee given by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in as-new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the entrepreneur and/or have been handled on the packaging;
the defectiveness is wholly or partly due to government regulations made or to be made with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The greatest possible care and execution of product orders
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will ship accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive the order no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has paid as soon as possible, but no later than 14 days after termination.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, the customer will be informed in a clear and comprehensible manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Continuing obligations: duration, termination and extension
Termination
The consumer may enter into a contract for an indefinite period the regular delivery of products (including electricity) or services at any time notice period of no more than one month The consumer may enter into a contract that has been concluded for a definite period and extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs at any
at any time and not limited to termination at a specific time or within a specific period;
at least as they were entered into by him; always terminate with the same notice period
notice period that the entrepreneur has set for himself.
Extension
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, provided that the contract is terminated at the end of the renewal with a notice period of no more than one month.
A contract that has been concluded for a definite period and extends to regular deliveries of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to: the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is excluded tacitly continued and ends automatically at the end of the trial or introductory period.
Term
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in paragraph 1. This period commences after the consumer has received the contract confirmation.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur shall, subject to legal restrictions, charge the consumer reasonable costs notified in advance.
Article 14 - Complaints procedure
Complaints about the implementation of the agreement must be submitted within 7 days clearly described and submitted to the entrepreneur after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be charged within a period of 14 days from the date of receipt. If a complaint is likely to take longer to process, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Disputes between the entrepreneur and the consumer about agreements to which these general terms and conditions apply are exclusively governed by German law. Even if the consumer lives abroad.