General Terms and Conditions
1. Scope of application
Our online store is aimed exclusively at entrepreneurs and store owners.
In addition to checking your entrepreneurial status as part of the ordering process, we are entitled to request proof of your entrepreneurial status by presenting suitable and up-to-date documents, e.g. an extract from the commercial register or business registration.
These general terms and conditions shall also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of contract, correction options
Der Kaufvertrag kommt zustande mit der Nordlust Concept UG (haftungsbeschränkt) – vertreten durch: Nic Iburg.

Our offers are generally non-binding. An order is only considered binding after receipt of our written confirmation. Customers usually place their binding orders by submitting a fully completed order form. The acceptance of this offer takes place with the execution of the delivery and the transmission of an invoice. In the case of an order for several goods and a partial delivery, a contract for the purchase of these goods is concluded when the available part is dispatched. This applies unless the partial delivery appears obviously pointless to the customer or the customer has indicated in writing that he is only interested in a complete delivery.

3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data in text form. You can view the text of the contract in our customer login.

4. Delivery conditions
After receiving the products, we will deliver your order to you free of charge. Information regarding the duration of the first & follow-up order can be found under shipping.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

5. Procedure and conclusion of contract
By placing an order, you submit a binding offer. Payment is made as shown in 7) by invoice or via SEPA.

6. Reservation of self-delivery and partial delivery
If the product you have ordered is not available from us because we are not supplied by our reliable supplier through no fault of our own despite placing a congruent order, we will inform you of this immediately in the order confirmation. We shall then be released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will reimburse you immediately.

Subject to self-supply, we will ensure prompt delivery. If a part of the order cannot be delivered immediately because we are not supplied on time by our reliable supplier through no fault of our own despite placing a congruent order, we shall deliver the remaining goods subsequently without charging the shipping costs again.

7. Payment
The minimum order value for first-time customers is €500 net. If you wish to pay via SEPA, you must pay 30% in advance when you place your first order. If you pay by invoice, you must pay 50% in advance. The remaining amount must be paid within 10 days of receipt of the goods. In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the prime rate and a lump sum of €40.

Customers who do not place an initial order pay the entire invoice amount after delivery of the goods via direct transfer or SEPA direct debit and do not have to make a payment in advance.

Further claims remain unaffected by this. You agree to the transmission of all invoices by e-mail. This consent can be revoked at any time.

You are only entitled to a right of set-off if your counterclaim is in a reciprocal relationship with our main claim, is not disputed by us or has been legally established.

You are only entitled to a right of retention if your counterclaim is based on the same contractual relationship.

8. Reservation of ownership
We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
If you combine, mix or process the reserved goods with other items, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%.

9. Transport damages
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

10. Warranty and guarantees
Validity of the statutory liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act applies.

Restriction towards entrepreneurs
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations towards merchants
The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

11. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed
• insofar as the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

12. Final provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Terms and conditions created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte.