Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS OF
Welcome to NAORY!
§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter "GTC") govern the sale of products by NAORY (hereinafter "Provider") to you, in their current version at the time of the order.
(2) Deviating terms and conditions of the purchaser are rejected.
(3) Please read these terms and conditions carefully before placing an order with NAORY. By placing an order with NAORY, you agree to be bound by these sales terms and conditions.
(4) On NAORY, we offer you the sale of the following products:
Accessories made of natural materials.
§ 2 Conclusion of Contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are exclusively directed at end customers with an invoice and delivery address in:
EU countries.
For individual bulky goods articles, the possible delivery addresses and the place of delivery may be restricted; the restriction is indicated in the respective list price.
(3) The purchaser must have reached the age of 18.
(4) The presentation of goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is merely requested to make an offer.
(5) Your order constitutes an offer to NAORY to conclude a purchase contract. The purchaser makes a binding offer by completing the online ordering process and clicking the "order with obligation to pay" button in the last ordering step.
(6) The purchase contract between the provider and the purchaser is only concluded by a declaration of acceptance by the provider. This occurs at the earlier of the two dates, either the sending of the goods or the sending of a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the sense mentioned above.
(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the purchased item requires the express confirmation of the provider. This applies both to the number of products ordered within the scope of an order and to the placing of several orders for the same product, each of which includes a normal household quantity.
(8) Your orders will be stored by us after the conclusion of the contract. If you lose your documents regarding your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be provided to you by e-mail or in the customer account on the website. We will inform you in the shipping confirmation for each delivery whether an electronic invoice is available. Further information on electronic invoices can be found on our website.
This is a section of terms and conditions for a company called NAORY, which includes information about pricing, shipping, delivery, cancellation, and customs.
According to §3, the prices listed on the website include VAT and do not include shipping costs. Shipping costs may vary depending on the delivery method and the product's characteristics. If a product is listed with the wrong price, NAORY will contact the customer before shipping the product to confirm whether they want to purchase it at the correct price or cancel the order. If the correct price is lower than the listed price, NAORY will charge the lower amount and send the product.
§4 explains that unless otherwise agreed, NAORY will deliver products to the address provided by the customer. The availability of products is approximate and not a guaranteed delivery or shipping date. If products are unavailable, the customer will be informed by email or through their account. If the delivery is unsuccessful due to the product not fitting through the door or if the customer is not available at the delivery address, the customer will be responsible for any costs incurred. The delivery time will depend on the payment method used by the customer.
§5 covers customs and import taxes for customers outside the European Union. Customers will be responsible for any import fees or taxes charged by their country. The customer should contact their local customs authority for more information. The customer is considered the importer of the products and is responsible for complying with the laws and regulations of their country. Customs officials may inspect packages, and international deliveries may be subject to delays.
§ 6 Payment
(1) The purchaser can pay for the goods using the following payment methods:
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PayPal
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Credit card
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Gift card
(2) Certain payment methods may be excluded by the provider in individual cases.
(3) The purchaser is not permitted to pay for the goods by sending cash or checks.
(4) If the purchaser chooses an online payment method, the purchaser thereby authorizes the provider to collect the due amounts at the time of ordering.
(5) If the provider offers payment in advance and the purchaser chooses this payment method, the purchaser must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the purchaser chooses this payment method, the purchaser explicitly authorizes the provider to collect the due amounts after partial deliveries or shipments.
(7) If the provider offers payment by direct debit and the purchaser chooses this payment method, the purchaser grants the provider a SEPA basic mandate. If a payment transaction is returned due to insufficient funds or incorrectly transmitted bank data when paying by direct debit, the purchaser shall bear the costs.
(8) If the provider offers payment in advance and the purchaser chooses this payment method, the purchaser undertakes to pay the invoice amount within 14 days after shipment of the goods, without any deduction of cash discount.
(9) If the purchaser is in default of payment, the provider reserves the right to assert claims for damages for delay.
§ 7 Setoff and Retention Rights
(1) The purchaser shall only have the right of setoff if the counterclaim of the purchaser has been legally established or has not been disputed by the provider.
(2) The purchaser may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
§ 8 Retention of Title
NAORY reserves the right of ownership of the goods until full payment has been made.
§ 9 Transport Damage
(1) If the purchaser receives the goods with obvious transport damage, the provider requests the purchaser to report this as soon as possible.
(2) If the purchaser fails to report the damage, this shall have no consequences on the statutory warranty rights. The purpose of reporting is to enable the provider to assert its own claims against the carrier.
§ 10 Warranty Rights
(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered goods shall be governed by the statutory provisions: Accordingly, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods in addition to their 30-day return guarantee and may demand the repair or replacement of the products purchased on NAORY if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may demand a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the purchaser is not a consumer, the defect shall be remedied by replacement or repair.
(4) If the purchaser is not a consumer, the limitation period shall be one year. This shall apply provided that no claims for damages and expenses are asserted for the replacement of damages in relation to bodily injury and health or for intent or gross negligence.
§ 11 Limitation of liability (products)
(1) The provider shall be liable for claims for damages by the purchaser arising from the violation of life, body, health or essential contractual obligations, as well as for other damages that are based on their intentional or grossly negligent breach of duty, or one of the provider's legal representatives or vicarious agents.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the purpose of the contract.
(3) The provider shall be liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the purchaser that are based on a violation of life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) Insofar as NAORY's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
(1) If the purchaser is a consumer, they shall have a right of cancellation in accordance with the following provisions:
(2) Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party designated by you, who is not the carrier, take possession of the goods (or the last goods, partial shipment or piece in the case of a contract for multiple goods ordered in a single order or the delivery of goods in multiple partial shipments or pieces), without giving any reason.
To exercise your right of cancellation, you must inform us:
NAORY
Züricher Str. 67
28325 Bremen
Email: info@naory.de
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You may use the sample cancellation form on our website or send us another clear statement. If you make use of this option, we will immediately send you confirmation of receipt of such cancellation (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send the notification of exercising the right of cancellation before the cancellation period has expired and to return the goods to our online return center within the defined deadline.
For additional information regarding the scope, content and explanations on how to exercise your rights, please contact our customer service.
(3) Consequences of cancellation
If you cancel this contract, we will refund to you all payments that we have received from you, including delivery costs (except for the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day on which we receive notification of your cancellation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to NAORY, Zurich Str. 67, 28325 Bremen, Germany, immediately and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You shall only be liable for any loss of value of the goods if such loss of value is due to handling of the goods that is not necessary for testing their nature, characteristics and functioning.
The right of withdrawal shall not apply or shall expire in the case of the following contracts:
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for the delivery of goods that are not suitable for return for reasons of health or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
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for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
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for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs;
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for the delivery of perishable goods or goods whose expiry date would be quickly exceeded;
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for services if NAORY has fully provided such services and you have taken note of this fact and expressly agreed before placing your order that we may start providing the service and that you will lose your right of withdrawal upon complete performance of the contract;
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for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
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for the delivery of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 13 Exclusion of the right of withdrawal
(1) The right of withdrawal shall not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(2) The right of withdrawal shall expire prematurely in the case of contracts
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for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery;
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for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature; and
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for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 14 Data Protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data over the Internet (e.g. by e-mail) may have security vulnerabilities. Therefore, a flawless and trouble-free protection of third-party data cannot be completely guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorized to use contact data for commercial activities unless the provider has obtained the prior written consent of the persons concerned.
(4) You have the right at any time to obtain complete and free information from NAORY about the data concerning you.
(5) Furthermore, there is a right to rectification/deletion, as well as a right to the restriction of processing or a right to object to processing.
§ 15 Cookies
(1) We may use cookies to display our product offerings. Cookies are small text files that are stored locally in the Internet browser cache of the page visitor.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified via the unique cookie ID.
(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transmitted from our server to your computer system, mostly session cookies. Session cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for which a banner is available that you can accept or reject.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted. You can find instructions on how to prevent and delete cookies in the help function of your browser or software manufacturer.
§ 16 Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply exclusively to disputes arising from this agreement, excluding the UN Sales Convention.
(2) The exclusive place of jurisdiction for orders placed by merchants, legal entities under public law, or special funds under public law is the registered office of the provider.
§ 17 Final Provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use NAORY with the involvement of a parent or guardian.
(3) If you violate these terms and we take no action, we will still be entitled to exercise our rights at any other time when you violate these sales conditions.
(4) We reserve the right to make changes to our website, rules, terms and conditions, including these terms and conditions, at any time. The sales conditions, contractual conditions and terms and conditions in force at the time of your order shall apply, unless a change to these conditions is required by law or regulatory authority (in which case they shall also apply to orders you have placed previously). If a provision in these sales conditions is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of a provision does not affect the validity of the other provisions of the contract. In the event of such a case, the provision shall be replaced by another legally permissible provision which corresponds to the purpose of the ineffective provision.