General Terms and Conditions

Contents

A. General terms and conditions of business

1. Scope
2. Conclusion of a contract
3. Return shipping costs in the case of exercising right of cancellation
4. Price and payment conditions
5. Delivery and shipping conditions
6. Reservation of title
7. Liability for defects
8. Applicable law, place of jurisdiction, contract language


B. Customer information

1. Information about the seller's identity
2. Information about the key features of the goods or service
3. Information on concluding the contract
4. Information about payment and delivery
5. Information about the technical steps that lead to entering into a contract
6. Information about storing the contractual text
7. Information about the technical means with which entry errors are identified and corrected
8. Information about the languages available with regard to concluding contracts 

A. General terms and conditions of business

1) Scope

1.1 These general terms and conditions of business of Normfest GmbH (hereinafter "Seller") apply to all contracts that a consumer or an entrepreneur (hereinafter "Customer") enters into with the Seller regarding the goods and/or services presented by the Seller in its online shop. We hereby object to the incorporation of the Customer's own conditions unless provisions to the contrary are agreed upon.


1.2 A consumer within the meaning of these general terms and conditions of business is any natural person who enters into a legal transaction for a purpose that is neither attributable to their commercial nor self-employed professional activity. An entrepreneur within the meaning of these general terms and conditions of business is any natural or legal person or a legally viable partnership upon entering into a legal transaction acting by way of performing their independent or occupational or commercial activity.

 

2) Conclusion of a contract

2.1 The product descriptions presented in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather are intended for the customer with a view to make a binding offer.


2.2 Customers can make an offer via the online order form integrated in the Seller's online shop.  In that respect, after entering his personal data by clicking on the conclusive button, the Customer makes a legally binding contractual offer in relation to the goods and/or services contained in the shopping basket. Furthermore, the Customer can also make the Seller an offer by post, e-mail, facsimile or by telephone.

 

2.3 The Seller may accept the Customer's offer within two days,

- by forwarding to the Customer a written confirmation of order or a confirmation of order in text form (facsimile or e-mail), whereby insofar receipt of the confirmation of order by the customer is decisive, or

 

- by supplying the Customer with the ordered goods, whereby insofar receipt of the goods by the Customer is decisive, or

 

- by requesting payment from the Customer after the Customer has placed an order.

 

If several of the above-mentioned options apply, the contract shall be brought about at the time at which one of the above-mentioned options first occurs. If the Seller fails to accept the Customer's offer within the above-mentioned period, this shall be deemed a rejection of the offer and shall give rise to the consequence that the Customer is no longer bound by his declaration of intent.


2.4 If the Customer selects "Direct debit" or "Automatic debit transfer" as a payment method as part of the online order process, the Seller may also accept the Customer's offer by collecting the total price within two days from the Customer's bank account, whereby the time at which the Customer's account is debited is, insofar, decisive. In other respects, sub-section 2.3 applies accordingly.


2.5 The period for accepting an offer shall commence on the day after Customer send the offer, and shall end upon expiry of the day after next that follows sending the offer.


2.6 Normally, orders are processed and contact is established by e-mail and orders are processed automatically.  The Customer is to ensure that the e-mail address he provides for processing the order is accurate such that the e-mails sent by the Seller can be received at such an address. The customer is to ensure, in particular in the case of using spam filters, that all e-mails sent by the Seller, or by third parties commissioned by the Seller with order processing, can be delivered.

 

3) Return shipping costs in the case of exercising right of cancellation

If the Customer has right of cancellation, in the case of exercising this right of cancellation the Customer shall be charged the normal cost of returning goods if the price of the item to be returned does not exceed an amount of  € 40 or if, in the case of a higher item price, the customer has not yet provided counter-performance or a down payment at the time of cancelling the order unless the delivered goods do not correspond with the ordered goods.   In all other cases the returns costs shall be borne by the Seller.

 

4) Prices and payment conditions

4.1 The Seller's stated prices are final prices and contain the statutory VAT. Where applicable, additional delivery and shipping costs shall be stated separately in the respective product description.


4.2 There are several payment options available to the Customer that are stated in the Seller's online shop.


4.3 If advance payment is agreed upon, payment shall fall due immediately after entering into the contract.

 

5) Delivery and shipping conditions

5.1 Normally, goods shall be delivered via the shipping route and to the delivery address stated by the Customer.  The delivery address stated in the Seller's order processing are decisive for processing the transaction.


5.2 If the transport company sends the delivered goods back to the Seller because the goods could not be delivered to the Customer, the cost of shipping the goods in vain shall be borne by the Customer. This does not apply if the Customer exercises his cancellation right by way of rejecting acceptance, if the circumstance that led to the impossibility of delivering the goods was not the Customer's responsibility or if the Customer was temporarily unable to accept the offered service unless the Seller had given the Customer reasonable prior notice of the service.


5.3 In the case of collection by the Customer, the Seller shall initially inform the Customer by e-mail that the goods he has ordered are ready for collection. Following receipt of such an e-mail, the Customer may collect the goods following consultation with the Seller. In this case, shipping costs shall not be charged.

 

6) Reservation of title

If the Seller has provided advance performance, the Seller reserves ownership of the delivered goods up until payment in full of the due purchase price.

 

7) Liability for defects

The statutory liability for defects applies.

 

8) Applicable law, place of jurisdiction, contract language

8.1 The law of the Federal Republic of Germany applies to all legal relations of the parties by way of exclusion of the Law on the International Purchase of Movable Goods. In the case of consumers, this choice of law shall only apply insofar as the granted protection is not withdrawn by way of obligatory provisions of the law of the country in which the consumer has his customary place of abode.


8.2 If the Customer acts as a merchant, legal person under public law or special public funds with a registered office located in the sovereign territory of the Federal Republic of Germany, the Seller's principal place of business shall be deemed the exclusive place of jurisdiction for all disputes resulting from this contract. If the Customer has his registered office outside the sovereign territory of the Federal Republic of Germany, the Seller's principal place of business shall be deemed the exclusive place of jurisdiction for all disputes resulting from this contract if the contract or the claims resulting from the contract can be attributed to the Customer's occupational or commercial activity. However, in any case the Seller shall be entitled to bring an action at the competent court for the Customer's registered office.


8.3 German is deemed the contract language.

B. Customer information


1) Information about the seller's identity

Normfest GmbH
Siemensstr. 23
D-42551 Velbert
Germany

Tel.: +49 2051 275-0
Fax: +49 2051 275-141

E-mail: info@normfest.de

Managing directors: Bernhard Windrich, Eduard Kohn
Register court: Wuppertal Local Court ("Amtsgericht")
Register number: HRB 17765
VAT ID number in accordance with 27 a German Turnover Tax Law: DE 146280262

 

2) Information about the key features of the goods or service

The key features of the goods or service are stated in the respective product description provided by the Seller.

 

3) Information on concluding the contract

A contract shall be concluded in accordance with sub-section 2 of the Sellers general terms and conditions of business (see above).

 

4) Information about payment and delivery

Payment is made in accordance with sub-section 4 of the Sellers general terms and conditions of business (see above) in conjunction with the details of the payment methods stated in the Seller's online shop. Deliveries shall be made in accordance with sub-section 5 of the Sellers general terms and conditions of business (see above).

 

5) Information about the technical steps that lead to entering into a contract

5.1 The Customer is required to take the following technical steps to make an offer via the Seller's online order form:

 


5.1.1 Place the appropriate product in the virtual shopping basket

5.1.2 Register for the online shop by entering the user name and password or - if a customer account has not yet been opened - newly register with or without opening a customer account

5.1.3 Enter the invoice and delivery address

5.1.4 Select the preferred payment method

5.1.5 Select the preferred shipping mode

5.1.6 Summary of the order data

5.1.7 Place the order


5.2 The Seller accepts in accordance with sub-section 2.3 of the Sellers general terms and conditions of business (see above).

 

6) Information about saving the contract text

In the case of making an offer via the Seller's online order form, the contract text is saved by the Seller and forwarded to the Customer, once the Customer has sent his order, in addition to these general terms and conditions of business and customer information in text form (e.g. e-mail, facsimile or letter). In addition, the contract text is archived on the Seller's website and may be called up free of charge by the Customer via the Customer's password-protected customer account by way of stating the corresponding log-in data insofar as the Customer had set up a customer account in the Seller's online shop prior to placing his order.

 

7) Information about the technical means with which entry errors are identified and corrected

Prior to placing a binding order via the Seller's online order form, the Customer can correct his entries on an ongoing basis via the customary keyboard and mouse functions. Furthermore, all entries are once again displayed in a confirmation window prior to placing a binding order and can be corrected there by way of the customary keyboard and mouse functions.

 

8) Information about the languages available with regard to concluding contracts

Solely German is available for entering into a contract.