Terms and Conditions NoCut Shop
General Terms
The following terms and conditions in the current version found on www.outoflineshop.de
at the date and time an order is placed are applicable for all business transactions
between NoCut Shop and customer. NoCut Shop will not accept any
diverging terms on part of customer unless these were agreed upon in written
form prior to the transaction.
The Deed of Purchase
Your order is an explicit offer from your part to undergo a deed of purchase
with our company. When you place an order at NoCut Shop, we will send
you an e-Mail that confirms that we have received it and that will contain all
the details of the order you placed. This confirmation does not in itself imply
that we accept your offer. It is only there to inform you that your order has
been received. A real deed of purchase only comes into effect at the moment
we ship the ordered goods to you.
NoCut Shop does not sell to customers below the legal age to undergo monetary
transactions. Even products that are directed at an underage audience may only
be purchased by adults.
Please note: we only sell our goods in reasonable quantities.
Cancellation
The cancellation of a transaction contract in regard to audio files is not
possible because – according to § 312d, paragraph 4, Nr. 1 BGB –
these cannot be returned remnant-free (i.e. without the possibility that customer
retains a copy of said file). Returns of audio- and audiovisual recordings (for
instance CDs, videotapes, DVDs) are not possible after the factory seal has
been broken.
In all other cases, you may revoke your offer of undergoing a purchase contract
with us in written form within a tim??????e period of two weeks. Said cancellation
of your order only has to be sent out within the time limit to make it valid.
The time limit legally commences with your acknowledgment of these terms and
conditions … in case of physical goods shipped to you it commences upon
delivery to you.
The shipping costs of any and all returns whose total value does not exceed
€ 40.00 and which were not shipped to you in error will have to be covered
in full by you. Returns of goods shipped to you in error or whose total value
exceeds € 40.00 will be covered by us in that we will return you the shipping
fees. WE WILL NOT ACCEPT PARCELS THAT ARE NOT PREPAID.
Please note!
Please do not accept visibly damaged or broken parcels, as with your acceptance,
you practically acknowledge that you received the goods in optimal condition
and thereby forfeit your eligibility for compensation. Therefore, please reject
any and all parcels that have been torn or otherwise visibly damaged and have
them be returned to sender. Please call us to inform us that you have not accepted
delivery of said parcels (telephone number listed below). Otherwise, our regular
warranty for damaged goods applies.
Delivery
If not otherwise agreed upon, delivery will be made from our warehouse to the
delivery address specified by sender. If any third party supplier fails to supply
NoCut Shop with the goods you ordered, NoCut Shop is entitled to
revoke said order. In such a case, the customer will be informed ASAP that the
ordered product is not available. Any advance payments already made for said
orders will be returned to customer.
Payment and Default
Customer can make payment for orders he placed by advance payment (bank transfer,
PayPal), C.O.D. (Germany only! + € 3.58 C.O.D.- fee and € 2.00 payment
fee – both are collected by the Deutsche Post) or account debit (Germany
only. Only for r??????egistered customers that have placed at least three orders.)
We will pay p&p for all orders inside Germany that total up to more than
€ 60.00. For orders from outside of Germany, postage and payment will be
calculated according to country of delivery and weight of parcel.
Using Paypal
We accept Paypal in the NoCut Onlineshop. If you choose to pay via PayPal, please
make sure that the e-mail-address you give us is the one connected with your
PayPal account. We will then send an order confirmation with the sum total incl.
shipping to your country and a PayPal payment request for the sum total in Euro
to the e-Mail-address you specified. Please use the following e-mail-address
for all things regarding PayPal (questions or payments): order@outofline.de.
Please make sure that the sum total you send us is in Euro and not in any other
currency. Payments in any currency other than Euro will be rejected and any
fees or costs attached to a payment rejection or return transfer will have to
be covered by customer.
Ownership
NoCut Shop will remain the legal and rightful owner of the delivered
goods until full payment has been received.
Warranty for Damaged Goods
Visible damage of received goods or defective items have to be reported in
written form (for address see Impressum) to us within seven (7) days after receipt.
After the expiration of this time period, the customer is not eligible to make
any claims in regard to evidently defective or damaged items.
In case of defective items, customer may demand a replacement or remedial action.
If NoCut Shop fails to replace the item or take remedial action in the
case of a severe defect, customer is entitled to revoke the deed of purchase,
to reduce the total payment or to demand compensation. The customer is not entitled
to transfer these rights to a third party.
Unless explicitly matching one of the statements bel??????ow, customer is not entitled
to make any further claims, regardless of whatever legal reasons. NoCut
Shop can, thus, not be made eligible for any damage that was not explicitly
inflicted to the delivered items themselves, especially not for any sort of
financial loss or missed personal gain. In those cases where NoCut Shop
cannot be made liable, the same applies in regard to personal liability of its
employees, representatives or assistants.
Said limitation of liability does not apply in cases where a damage results
from dire negligence or where a bodily injury occurs. It also does not apply
if a customer can make a claim according to §§ 1, 4 of the German
product liability law (Produkthaftungsgesetz.)
Should NoCut Shop violate one of its contractual duties, the duty of
replacement shall not exceed that of a typically inflicted damage.
In case the customer is seeking a replacement, he will have to return the items
he wishes to have replaced within a time limit of 30 days to NoCut Shop.
If the items that were replaced are not delivered to NoCut Shop within
this time limit, NoCut Shop is entitled to demand payment for said items
and to debit the given bank account for the sum total.
The period of limitation is 24 months, starting from the date of delivery.
Personal Information and Details
All personal information we receive from you will assist us in steadily improving
the contents of the NoCut Shop. We employ these details for the handling
of orders, the delivery of goods and the improvement of our service. We will
also use your details to communicate with you about orders and products, as
well as to keep our data and customer accounts up to date.
Applicable Law
German Law is applicable, without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
The basis of legal operations is Hambu??????rg.
Privacy
All personal details or information relating to your person that we have stored
on our computers will be handled with absolute discretion and shall not be passed
on to other companies or institutions.
Other
This agreement shall be governed by and construed in accordance with the laws
of Germany and all legal without giving effect to any principles or conflicts
of law. If any provision of this agreement shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions. |