Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion
3. Right of Withdrawal
4. Prices and Payment
5. Delivery and Shipping
6. Granting of Rights of Use for Digital Content
7. Retention
8. Liability for Defects
9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
10. Redeeming Promotional Vouchers
11. Redeeming Gift Vouchers
    
12. Applicable law
13. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Novorelle (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of digital content, unless expressly stated otherwise.

1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stated otherwise.

1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 Digital content within the meaning of these General Terms and Conditions is all data that is not on a physical data carrier, is produced in digital form, and is provided by the Seller with the granting of certain rights of use specified in these General Terms and Conditions.

2) Conclusion of the contract

2.1 The product descriptions in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes 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 requesting payment from the customer after the customer has placed their order.

If several of the above alternatives apply, the contract is concluded at the point in time at which one of the above 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal. com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares its acceptance of the customer's offer at the moment the customer clicks on the button completing the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Seller will not make the text of the contract available in any other way.

2.6 Before placing a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which can be used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 The contract can only be concluded in United Kingdom.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If the payment method “SOFORT” is selected, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to pay the invoice amount via “SOFORT,” the customer must have an online banking account that is activated for participation in “SOFORT,” must identify themselves during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction will be carried out immediately thereafter by “SOFORT” and the customer's bank account will be debited. The customer can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be communicated to the customer separately if necessary. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.6 If the payment method “PayPal invoice” is selected, the seller assigns its payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “PayPal invoice” in the event of a negative check result. If the payment method “PayPal invoice” is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payment to PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of revocation and returns or credit notes. In addition, the General Terms and Conditions for the Use of PayPal's Invoice Purchase Service apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7 If the payment method “PayPal direct debit” is selected, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance information period. Advance information (“pre-notification”) is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to incorrect bank details, or if the customer objects to the debit even though they are not entitled to do so, the customer shall bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this.

4.8 If the payment method direct debit via Stripe is selected, payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe will collect the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance information period. Advance information (“pre-notification”) is any communication (e.g., invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to incorrect bank details, or if the customer objects to the debit even though they are not entitled to do so, the customer shall bear the fees incurred by the respective credit institution for the return of the payment, if they are responsible for this. The seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

4.9 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method if the credit check is negative.

4.10 If a payment method offered via the payment service “Klarna” is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:

https://uniheart.de/pages/zahlungsinformationsseite

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address specified in the seller's order processing shall be decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set out in the seller's withdrawal policy shall apply to the return shipping costs.

5.3 For logistical reasons, collection by the customer is not possible.

5.4 Digital content shall be provided to the customer exclusively in electronic form as follows:

- by email

5.5 Vouchers shall be provided to the customer as follows:

- by email

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the content provided for private and business purposes.

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the seller has agreed to the transfer of the contractual license to the third party.

6.3 The granting of rights shall only become effective once the customer has paid the contractually agreed remuneration in full. The seller may provisionally permit use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

7) Retention of title

If the seller makes advance deliveries, it shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller thereof. Failure to do so shall not affect the customer's statutory or contractual claims for defects.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If, according to the content of the contract, the seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the customer shall provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller and grant the seller the necessary rights of use. The customer shall be solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.

9.2 The customer shall indemnify the seller against any claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. In this regard, the customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the infringement is not attributable to the customer. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The credit balance of a promotional voucher will not be paid out in cash or bear interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is intended for use by the person named on it only. The promotional voucher cannot be transferred to third parties. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining credit from gift vouchers are redeemable until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.7 The credit balance of a gift voucher will not be paid out in cash or bear interest.

11.8 The gift voucher is intended for use by the person named on it only. The gift voucher cannot be transferred to third parties. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

12) Applicable law

12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of United Kingdom, excluding the laws on the international sale of movable goods. 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 in which the consumer has his habitual residence is not withdrawn.

12.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Company Name: Novorelle
Address: 12 Farwig Lane, BR1 3RB Bromley ,
United Kingdom
Chamber of Commerce Number: 598745
Email: info@novorelle.com
Phone Number: +31616070204