AGB'S
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
1. SCOPE OF APPLICATION
2. CONCLUSION OF CONTRACT
3. RIGHT OF REVOCATION
4. PRICES AND TERMS OF PAYMENT
5. DELIVERY AND SHIPPING CONDITIONS
6. RESERVATION OF TITLE
7. LIABILITY FOR DEFECTS (WARRANTY)
8. APPLICABLE LAW
9. JURISDICTION
10. ALTERNATIVE DISPUTE RESOLUTION
1) SCOPE OF APPLICATION
1.1 THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER "GTC")
OF NOROO CLOTHING GMBH (HEREINAFTER REFERRED TO AS "SELLER"), APPLY TO
ALL CONTRACTS FOR THE SUPPLY OF GOODS WHICH A CONSUMER
OR ENTREPRENEUR (HEREINAFTER "CUSTOMER") WITH THE SELLER
WITH REGARD TO THE INFORMATION PROVIDED BY THE SELLER IN HIS ONLINE STORE
EXCLUDES THE GOODS PRESENTED. THE INCLUSION
OF THE CUSTOMER'S OWN TERMS AND CONDITIONS, UNLESS,
SOMETHING ELSE HAS BEEN AGREED.
1.2 A CONSUMER WITHIN THE MEANING OF THESE TERMS AND CONDITIONS IS ANY NATURAL PERSON,
which concludes a legal transaction for purposes that are predominantly
NEITHER THEIR COMMERCIAL NOR THEIR INDEPENDENT PROFESSIONAL
ACTIVITIES CAN BE ATTRIBUTED TO THE COMPANY. ENTREPRENEUR IN THE SENSE OF
OF THESE GENERAL TERMS AND CONDITIONS IS A NATURAL OR LEGAL PERSON OR A
PARTNERSHIP WITH LEGAL CAPACITY, WHICH UPON CONCLUSION OF A
LEGAL TRANSACTION IN THE EXERCISE OF THEIR COMMERCIAL OR
SELF-EMPLOYED PROFESSIONAL ACTIVITY.
2) CONCLUSION OF CONTRACT
2.1 THE INFORMATION CONTAINED IN THE SELLER'S ONLINE STORE
PRODUCT DESCRIPTIONS DO NOT CONSTITUTE BINDING OFFERS
ON THE PART OF THE SELLER, BUT SERVE THE PURPOSE OF PROVIDING A
BINDING OFFER BY THE CUSTOMER.
2.2 THE CUSTOMER CAN ACCEPT THE OFFER VIA THE ONLINE STORE OF THE
SUBMIT THE INTEGRATED ONLINE ORDER FORM. THERE
THE CUSTOMER ENTERS THE SELECTED GOODS INTO THE
VIRTUAL SHOPPING CART AND THE ELECTRONIC
HAS GONE THROUGH THE ORDERING PROCESS BY CLICKING ON THE
ORDER PROCESS CLOSING BUTTONS A LEGAL
BINDING CONTRACTUAL OFFER IN RELATION TO THE GOODS IN THE SHOPPING CART
CONTAINED WERE OFF.
2.3 THE SELLER MAY REJECT THE CUSTOMER'S OFFER WITHIN
FIVE DAYS,
- by transmitting to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the customer's receipt of the order confirmation is appropriate, or
- by delivering the ordered goods to the customer, provided that receipt of the goods by the customer is reasonable, or
- by requesting payment from the customer after delivery of the customer's order.
IF SEVERAL OF THE AFOREMENTIONED ALTERNATIVES EXIST, THE CONTRACT IS CONCLUDED AT THE POINT IN TIME AT WHICH ONE OF THE AFOREMENTIONED ALTERNATIVES OCCURS FIRST. THE PERIOD FOR ACCEPTING THE OFFER BEGINS ON THE DAY AFTER THE CUSTOMER SENDS THE OFFER 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 HIS DECLARATION OF INTENT.
2.4 IF YOU SELECT A PAYMENT METHOD OFFERED BY PAYPAL, PAYMENT WILL BE PROCESSED VIA 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/EN/WEBAPPS/MPP/UA/USERAGREEMENT-FULL OR - IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT - SUBJECT TO THE TERMS AND CONDITIONS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/EN/WEBAPPS/MPP/UA/PRIVACYWAX-FULL. if the customer pays using a payment method selected by paypal in the online order process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks the button concluding the order process.
2.5 WHEN SUBMITTING AN OFFER VIA THE SELLER'S ONLINE ORDER FORM, THE CONTRACT TEXT IS SAVED BY THE SELLER AFTER THE CONCLUSION OF THE CONTRACT AND TRANSMITTED TO THE CUSTOMER IN TEXT FORM (E.G. E-MAIL, FAX OR LETTER) AFTER THE CUSTOMER'S ORDER HAS BEEN SENT. THE SELLER WILL NOT MAKE THE TEXT OF THE CONTRACT ACCESSIBLE BEYOND THIS.
2.6 BEFORE BINDING SUBMISSION OF THE ORDER VIA THE SELLER'S ONLINE ORDER FORM, THE CUSTOMER CAN RECOGNIZE POSSIBLE INPUT ERRORS BY CAREFULLY READING THE INFORMATION DISPLAYED ON THE SCREEN. an effective technical means of better recognizing input errors may be the browser's magnification function, which enlarges the display on the screen. the customer can correct his entries during the electronic ordering process via the common keyboard and mouse functions until he clicks the button that closes the ordering process.
2.7 only the german language is available for the conclusion of the contract.
2.8 ORDER PROCESSING AND CONTACT ARE CARRIED OUT IN THE
THE ORDER PROCESS IS USUALLY CARRIED OUT BY E-MAIL AND AUTOMATED ORDER PROCESSING.
THE CUSTOMER IS RESPONSIBLE FOR ENSURING THAT THE
ORDER PROCESSING IS CORRECT, SO THAT THE E-MAILS SENT BY THE SELLER CAN BE RECEIVED AT THIS ADDRESS.
CAN BE RECEIVED. IN PARTICULAR, THE CUSTOMER MUST
USE OF SPAM FILTERS TO ENSURE THAT ALL SPAM FILTERED BY THE
SELLER OR BY THE SELLER WITH THE ORDER PROCESSING
E-MAILS SENT BY AUTHORIZED THIRD PARTIES ARE DELIVERED
CAN.
3) RIGHT OF REVOCATION
3.1 CONSUMERS ARE GENERALLY ENTITLED TO A RIGHT OF WITHDRAWAL.
3.2 FURTHER INFORMATION ON THE RIGHT OF REVOCATION CAN BE FOUND IN
THE SELLER'S REVOCATION POLICY.
4) PRICES AND TERMS OF PAYMENT
4.1 TO THE EXTENT THAT THE SELLER'S PRODUCT DESCRIPTION
THE INFORMATION PROVIDED DOES NOT INDICATE OTHERWISE, THE
PRICES ARE TOTAL PRICES THAT DO NOT INCLUDE THE STATUTORY SALES TAX.
INCLUDED. ANY ADDITIONAL DELIVERY AND
SHIPPING COSTS ARE LISTED IN THE RESPECTIVE PRODUCT DESCRIPTION.
INDICATED SEPARATELY.
4.2 FOR DELIVERIES TO COUNTRIES OUTSIDE THE EUROPEAN UNION
ADDITIONAL COSTS MAY BE INCURRED IN INDIVIDUAL CASES, WHICH THE SELLER
FOR WHICH THE CUSTOMER IS NOT RESPONSIBLE AND WHICH ARE TO BE BORNE BY THE CUSTOMER. HERE
INCLUDE, FOR EXAMPLE, COSTS FOR THE TRANSFER OF MONEY BY
CREDIT INSTITUTIONS (E.G. TRANSFER FEES,
EXCHANGE RATE FEES) OR IMPORT DUTIES OR TAXES.
TAXES (E.G. CUSTOMS DUTIES). SUCH COSTS MAY BE INCURRED IN RELATION TO THE
MONEY TRANSFER IS ALSO INCURRED IF THE DELIVERY IS NOT
the customer moves to a country outside the european union
the payment but from a country outside the european union
UNION.
4.3 THE PAYMENT OPTION(S) WILL BE MADE AVAILABLE TO THE CUSTOMER IN THE ONLINE SHOP.
STORE OF THE SELLER.
4.4 IF ADVANCE PAYMENT BY BANK TRANSFER HAS BEEN AGREED, THE
PAYMENT IS DUE IMMEDIATELY AFTER CONCLUSION OF THE CONTRACT, PROVIDED THAT THE
PARTIES HAVE NOT AGREED A LATER DUE DATE.
4.5 WHEN SELECTING THE PAYMENT METHOD "PAYPAL CREDIT" (INSTALLMENT PAYMENT VIA
PAYPAL) THE SELLER ASSIGNS HIS CLAIM FOR PAYMENT TO PAYPAL
AB. BEFORE ACCEPTING THE SELLER'S DECLARATION OF ASSIGNMENT
PAYPAL USING THE TRANSMITTED CUSTOMER DATA A
CREDIT CHECK. THE SELLER RESERVES THE RIGHT TO
CUSTOMERS THE PAYMENT METHOD "PAYPAL CREDIT" IN THE EVENT OF A NEGATIVE
TO REFUSE THE RESULT OF THE AUDIT. IF THE PAYMENT METHOD
"PAYPAL CREDIT" APPROVED BY PAYPAL, THE CUSTOMER HAS THE
INVOICE AMOUNT AT THE RATES SPECIFIED BY THE SELLER
CONDITIONS COMMUNICATED TO HIM IN THE SELLER'S ONLINE STORE
TO PAY TO PAYPAL. IN THIS CASE IT CAN ONLY BE SENT TO
PAYPAL WITH DEBT-DISCHARGING EFFECT. THE SELLER
HOWEVER, REMAINS RESPONSIBLE EVEN IN THE EVENT OF ASSIGNMENT OF CLAIMS
FOR GENERAL CUSTOMER INQUIRIES, E.G. ABOUT GOODS, DELIVERY TIME,
SHIPMENT, RETURNS, COMPLAINTS, REVOCATION DECLARATIONS
AND CONSIGNMENTS OR CREDIT NOTES.
4.6 IF THE PAYMENT METHOD "IMMEDIATELY" IS SELECTED, THE
PAYMENT PROCESSING VIA THE PAYMENT SERVICE PROVIDER IMMEDIATELY
GMBH, THERESIENHÖHE 12, 80339 MUNICH (HEREINAFTER REFERRED TO AS "IMMEDIATELY"). UM
TO BE ABLE TO PAY THE INVOICE AMOUNT VIA "IMMEDIATELY", YOU MUST
THE CUSTOMER HAS A FREE ACCOUNT FOR PARTICIPATION IN "SOFORT".
HAVE AN ONLINE BANKING ACCOUNT, REGISTER WITH THE
LEGITIMIZE THE PAYMENT PROCESS ACCORDINGLY AND
CONFIRM PAYMENT INSTRUCTION TO "IMMEDIATELY". THE
PAYMENT TRANSACTION IS IMMEDIATELY FOLLOWED BY "IMMEDIATELY".
AND THE CUSTOMER'S BANK ACCOUNT IS DEBITED. NEXT
THE CUSTOMER CAN FIND INFORMATION ON THE "IMMEDIATE" PAYMENT METHOD IN THE
INTERNET AT HTTPS://WWW.KLARNA.COM/SOFORT/.
4.7 WHEN SELECTING A PAYMENT METHOD VIA THE "SHOPIFY PAYMENTS" PAYMENT SERVICE
THE PAYMENT METHODS OFFERED ARE PAYMENT PROCESSING
VIA 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 ABOUT SHOPIFY PAYMENTS
PAYMENT METHODS OFFERED TO THE CUSTOMER IN THE ONLINE STORE
OF THE SELLER. FOR THE PROCESSING OF PAYMENTS
STRIPE MAY USE OTHER PAYMENT SERVICES FOR WHICH IT MAY BE REQUIRED.
SPECIAL TERMS OF PAYMENT APPLY, TO WHICH THE CUSTOMER MAY BE REFERRED.
IS POINTED OUT SEPARATELY. FURTHER INFORMATION ON "SHOPIFY
PAYMENTS" ARE AVAILABLE ON THE INTERNET AT HTTPS://WWW.SHOPIFY.COM/LEGAL/
TERMS-PAYMENTS-EN.
4.8 WHEN SELECTING A PAYMENT METHOD VIA THE "KLARNA" PAYMENT SERVICE
PAYMENT METHOD OFFERED, PAYMENT IS PROCESSED VIA
KLARNA BANK AB (PUBL), SVEAVÄGEN 46, 111 34 STOCKHOLM,
SWEDEN (HEREINAFTER "KLARNA"). FURTHER INFORMATION AND
KLARNA'S TERMS AND CONDITIONS CAN BE FOUND IN THE
PAYMENT INFORMATION OF THE SELLER, WHICH IS AVAILABLE UNDER THE
CAN BE VIEWED AT THE FOLLOWING INTERNET ADDRESS:
HTTPS://NOROO.COM/PAGES/PAYMENT-TYPES
5) DELIVERY AND SHIPPING CONDITIONS
5.1 THE DELIVERY OF GOODS TAKES PLACE BY WAY OF SHIPMENT TO THE
DELIVERY ADDRESS SPECIFIED BY THE CUSTOMER, UNLESS OTHERWISE
IS AGREED. IN THE SETTLEMENT OF THE TRANSACTION, THE
ORDER PROCESSING OF THE SELLER SPECIFIED DELIVERY ADDRESS
MEASURABLE.
5.2 IF THE DELIVERY OF THE GOODS FAILS FOR REASONS ATTRIBUTABLE TO THE CUSTOMER
THE CUSTOMER SHALL BEAR THE COSTS INCURRED BY THE SELLER AS A RESULT.
REASONABLE COSTS INCURRED. THIS APPLIES WITH REGARD TO THE
COSTS FOR THE RETURN SHIPMENT IF THE CUSTOMER DOES NOT
EFFECTIVELY EXERCISES THE RIGHT OF WITHDRAWAL. THE FOLLOWING APPLIES TO THE RETURN COSTS
EFFECTIVE EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CUSTOMER THE
IN THE REVOCATION INSTRUCTION OF THE SELLER FOR THIS PURPOSE
REGULATION.
5.3 THE SELLER RESERVES THE RIGHT, IN THE EVENT OF NON
correct or non-compliant self-delivery from the
TO WITHDRAW FROM THE CONTRACT. THIS ONLY APPLIES IN THE EVENT THAT THE
THE SELLER IS NOT RESPONSIBLE FOR THE NON-DELIVERY AND THIS
WITH DUE DILIGENCE A CONCRETE HEDGING TRANSACTION WITH
HAS CONCLUDED A CONTRACT WITH THE SUPPLIER. THE VENDOR WILL PROVIDE ALL
TO MAKE REASONABLE EFFORTS TO DELIVER THE GOODS.
PROCUREMENT. IN THE EVENT OF UNAVAILABILITY OR ONLY
PARTIAL AVAILABILITY OF THE GOODS, THE CUSTOMER IS IMMEDIATELY
AND THE CONSIDERATION WILL BE REFUNDED IMMEDIATELY.
5.4 SELF-COLLECTION IS NOT POSSIBLE FOR LOGISTICAL REASONS.
6) RETENTION OF TITLE
IF THE SELLER MAKES ADVANCE PAYMENT, HE RESERVES THE RIGHT TO
FULL PAYMENT OF THE PURCHASE PRICE OWED THE
OWNERSHIP OF THE DELIVERED GOODS.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 IF THE PURCHASED ITEM IS DEFECTIVE, THE PROVISIONS OF THE
STATUTORY LIABILITY FOR DEFECTS.
7.2 IF THE CUSTOMER ACTS AS A CONSUMER, HE IS REQUESTED TO
DELIVERED GOODS WITH OBVIOUS TRANSPORT DAMAGE AT THE
THE DELIVERER AND INFORM THE SELLER OF THIS IN WRITING.
TO INFORM THE CUSTOMER. IF THE CUSTOMER DOES NOT COMPLY, THIS HAS
NO EFFECTS ON ITS LEGAL OR STATUTORY OBLIGATIONS.
CONTRACTUAL CLAIMS FOR DEFECTS.
8) APPLICABLE LAW
ALL LEGAL RELATIONS BETWEEN THE PARTIES SHALL BE GOVERNED BY THE LAWS OF THE FEDERAL REPUBLIC OF GERMANY TO THE EXCLUSION OF THE LAWS ON
THE INTERNATIONAL PURCHASE OF MOVABLE GOODS. FOR CONSUMERS
THIS CHOICE OF LAW ONLY APPLIES TO THE EXTENT THAT THE GRANTED
PROTECTION BY MANDATORY PROVISIONS OF THE LAW OF THE STATE IN WHICH
WHERE THE CONSUMER HAS HIS HABITUAL RESIDENCE,
WITHDRAWN.
9) PLACE OF JURISDICTION
IF THE CUSTOMER ACTS AS A MERCHANT, LEGAL ENTITY OF THE
PUBLIC LAW OR PUBLIC LAW
SPECIAL ASSETS DOMICILED IN THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY
germany is the exclusive place of jurisdiction for all
DISPUTES ARISING FROM THIS CONTRACT THE REGISTERED OFFICE OF THE
SELLER. if the customer is located outside the
SOVEREIGN TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY, THE
seller's registered office exclusive place of jurisdiction
FOR ALL DISPUTES ARISING FROM THIS CONTRACT, IF THE CONTRACT
OR CLAIMS ARISING FROM THE CONTRACT OF PROFESSIONAL OR
CAN BE ATTRIBUTED TO THE COMMERCIAL ACTIVITY OF THE CUSTOMER.
IN THE ABOVE CASES, HOWEVER, THE SELLER IS IN ANY CASE
THE COURT AT THE CUSTOMER'S DOMICILE.
10) ALTERNATIVE DISPUTE RESOLUTION
10.1 THE EU COMMISSION PUBLISHES ON THE INTERNET UNDER THE FOLLOWING LINK
A PLATFORM FOR ONLINE DISPUTE RESOLUTION IS AVAILABLE: HTTPS://
EC.EUROPA.EU/CONSUMERS/ODR
this platform serves as a starting point for the external
SETTLEMENT OF DISPUTES ARISING FROM ONLINE PURCHASE OR
SERVICE CONTRACTS IN WHICH A CONSUMER IS INVOLVED
IST.
10.2 THE SELLER IS OBLIGED TO PARTICIPATE IN A
DISPUTE SETTLEMENT PROCEEDINGS BEFORE A
CONSUMER ARBITRATION BOARD IS NEITHER OBLIGATED NOR
READY.