General Terms And Conditions
General Terms and Conditions
(The following terms also include legal information about your rights under the rules on distance contracts and electronic commerce.)
1. Scope of application
1.1. These General Terms and Conditions of NCA Europe Design Center & Trade GmbH (referred to as "Seller") shall apply to all contracts between the customer and the Seller regarding the products and/or services offered in the Seller’s online shop.
1.2. For the purposes of section 1.1, the term "customer" includes both consumers and companies, whereas a consumer is an individual who concludes a legal transaction for a purpose not related to his/her work in a commercial or self-employed capacity. A company, however, is an individual or a legal entity or a company with legal personality acting in its self-employed or commercial capacity when concluding a legal transaction.
2. Conclusion of Contract
2.1. The product representations contained in the online shop of the seller serve for the submission of a legally binding offer on the part of the customer.
2.2. The customer may submit the offer in written form, per fax, per e-mail or via the online order form which is integrated in the online shop of the seller. In case of an order via the online order form, after having entered his personal data and by means of clicking the button "Buy" in the final step of the ordering process, the customer submits a legally binding offer of contract with regard to the goods contained in the shopping cart.
2.3. The seller can accept the customer’s offer by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by means of the delivery of the goods within two business days. The seller is entitled to refuse to accept the order.
2.4. The order processing and the contacting are effected via e-mail and automatic order processing. The customer has to make sure that the e-mail address which has been entered by him for the purpose of order processing is valid, so that the e-mails sent by the seller can be received via this address. In case SPAM-filters are used, the customer particularly has to make sure that all mails sent by the seller or by third parties, who have been assigned by the seller with regard to the order processing, can be delivered.
3. Right of Revocation
Consumers are entitled to the right of revocation. Detailed informations about the right of cancellation are provided in the Seller's instruction on cancellation.
4. Prices and Terms of Payment
4.1 The Seller’s prices quoted are end prices, i.e. they include all price components, including the statutory German VAT. Any additional delivery and dispatch costs that may occur shall be stated separately in the respective product description in the offer.
4.2. Customers can choose from different payment methods, which are shown in our online shop clicking on the link payment options.
4.3. The customer shall be entitled to set off counterclaims if they are undisputed, recognized by declaratory judgment or recognized by the seller.
4.4 The customer may only exercise its right of retention with regard to claims from the same contractual relationship.
5. Terms of Delivery and Dispatch
5.1. As a rule, goods to be delivered are dispatched to the address stipulated by the customer. For the transaction procedure, the delivery address stipulated in the Seller’s order processing information shall be decisive. This provision notwithstanding, in case the customer selects the mode of payment “PayPal”, the delivery address lodged with PayPal shall be decisive.
5.2. In case a delivery to the customer is not possible, the contracted carrier shall return the goods to the Seller, whereas the customer shall bear the costs for the failed delivery attempt. This shall not apply in case the customer was temporarily prevented from accepting the delivery, unless the Seller announced delivery in due time or if the customer invokes this as a reason for the exercise of its right of withdrawal from the contract.
5.3. On principle, upon handover, the risk of accidental loss and accidental deterioration of the sold product passes to the customer or a person authorised to take delivery. If the customer is an entrepreneur (who acts in the exercise of his/her independent professional or commercial activity; § 14 German Civil Code), the risk of accidental loss and accidental deterioration in case of delivery by carrier passes to a qualified transport person upon dispatch of the product at the business location of the seller.
5.4. Towards an entrepreneur, the validity of all stipulated delivery times shall be subject to the correct and timely deliveries to the seller in cases, in which the seller has concluded a concrete hedging transaction and is not responsible for the lacking availability
6. Reservation of Property Rights
6.1 For consumers, the seller retains ownership of the goods delivered until payment of the purchase price has been made in full by the customer.
6.2 With regard to companies, the seller retains title of ownership to the goods delivered until payment of any and all claims arising from the current business relationship has been made in full.
7.1. The Seller shall be liable, for any legal ground and without limitation, for injury to limb, life and health, in case of willful intent or gross negligence, fraudulent intent and guarantees and in case liability is mandatory in accordance statutory provisions, such as the Product Liability Act.
7.2. In other respects, the Seller shall be liable irrespective of the legal ground as follows:
- In case the Seller negligently violates a material contractual obligation, the liability for damages in case of property damage shall be limited to foreseeable average damage that typically occurs. Material contractual obligations are obligations which the contract imposes on the Seller in accordance with its contents with the aim of fulfilling the contract’s purpose, the fulfillment of which only makes the proper execution of the contract possible and the compliance with which the customer should generally be able to rely on.
- In case the Seller negligently violates an immaterial contractual obligation, the liability for damages shall be limited to the value of the order.
8. Applicable Law
8.1. All legal relationships between the parties shall be subject to the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent the protection granted by mandatory legal provisions in accordance with the laws of the country in which the consumer has its ordinary residence remains effective.
8.2. In case the customer is a merchant, a public law entity or a Federal Special Fund, the exclusive place of jurisdiction for all disputes from this contract shall be the seat of the Seller. The same shall apply if the customer has no place of general jurisdiction in Germany or within the EU or if its place of residence or ordinary residence is not known at the time the claim is filed. The right to have recourse to a court at another legal place of jurisdiction shall not be affected thereby.
8.3. The language of the contract shall be German.
If you have found your desired product, you can put it into the shopping basket without any obligation by clicking on the [Add to cart] button. The content of the basket can be viewed at any time by clicking the link [Cart] in the top menu or the shopping bag icon on the right border with no obligation to purchase. Products can be removed from the basket at any time by clicking on the red crossed links [remove]. If you want to buy the products in your basked, click the button [Checkout]. Please make sure to enter your data. The mandatory fields are marked with *. Your data is encrypted. After entering your information and choice of payment can be accessed via the button [continue] to the order page where you can check your entries again. By clicking the button [Buy now] you complete the ordering process. The process can be interrupted at any time by closing the browser window. On the individual pages for more information, for example To corrections.
Text of the contract
The contract will be stored on our internal systems. The terms and conditions can be viewed at any time on this page. As far as you
have created an account, you can access your account information at any time under 'Welcome back'. The order information is sent to you via e-mail. after completing the purchase, the contract is no longer accessible over the internet for security reasons.