I. Scope of application
A. This General Terms and Condition are applicable to the business relation with our Customers (“Customer”) with regard to the online shop of Nordenfeldt.com (“Seller”).
B. These terms apply exclusively. General terms and conditions of the Customer which differ from, conflict with or supplement these Terms will apply only if and to the extent that we have expressly consented to their application. This requirement of consent applies in any event, even if we being aware of the Customer`s general terms and condition, execute delivery to it without reservation.
C. Amendments and addition or special verbal agreements require our written confirmation. They do not affect the rest of the General terms and conditions.
II. Contract and conclusion of the contract
A. The contract language is exclusively English.
B. The declaration of intend by the customer is binding for up to two weeks and, in case of custom made items, up to three weeks. An acknowledgement of receipt does not confirm the declaration of intend by the customer. The contract is concluded when the seller confirmed the customers declaration of intend via E-mail, fax, postal letter or by delivery within the mentioned periods. After the expiration of the period without confirmation by the seller, the declaration of intend by the customer is deemed as rejected.
III. Price and Payment
A. The prices are agreed in Euro. The quoted prices are ex-work Nordenfeldt including VAT, excluding customs duty and shipping charges. The published prices on the Nordenfeldt online shop are inivitatio ad offerandum.
B. Payments are only accepted via PayPal or Bank Transfer.
IV. Delivery, default in delivery and shipping charges
A. Any delivery is limited for countries in Europe (incl. Non-EU Countries). The delivery to countries outside of Europe requires an individual agreement between the customer and the seller concerning time of delivery, default in delivery and shipping charges. Any individual agreement requires exclusive the written form.
B. The delivery date (specified calendar date) or delivery period (week, month, quarter) requires the written form.
C. The customer shall be entitled to demand the delivery, if the delivery date or delivery period has been exceeded by four (4) weeks. With the receipt of the demand, the seller is on default in delivery. In case that the customer is entitled to demand compensation for damages, the compensation is limited to 5% of the purchasing price (excluding VAT). The customer is entitled to demand the cancelation of the contract by demanding the delivery according to an extended delivery period within a reasonable time. After expiration of the extended delivery period without delivery, the customer is entitled to cancel the contract, by making a written declaration, and to demand compensation limited up to 10% based on the purchasing price (excluding VAT). Is the customer a corporate body under public law or commercial person (merchant, entrepreneur, freelancer) any compensation for default on delivery is excluded.
D. In case of force majeure, especially strike, war, riots or any business disruption, delay in delivery of basic primary materials, as well as obstruction of transport way or any other foreseeable obstruction – regardless of circumstances with us or with our sub-supplier- the delivery period will be prolonged adequately.
E. Shipping charges are invoiced for orders with a purchase price below 300 Euro. For shipping outside of Europe an individual agreement is required. The shipping charges are:
Germany: 7, 90 €
Other EU - Countries: 15, 90 €
Non EU- Countries within Europe: 24, 90 €
Outside of Europe: individual
F. The choice of the parcel service is up to the seller.
V. Right of Withdrawal
A. If the customer is a consumer, the customer is entitled to cancel the contract within two weeks without giving a reason in writing (e.g. letter, fax, E-mail) or – if the goods are yielded before deadline- by returning the goods. The time limit begins after reception of this notification in writing form, but not before reception of goods by the consignee. In case of recurring deliveries of similar goods not before reception of the first partial delivery.
B. In order to ensure the revocation period it is sufficient to send the revocation or good. The revocation must be send to:
AAVA Design & Agency GmbH
83022 Rosenheim - Germany
C. Consequences of revocation: In the case of an effective cancellation the mutually received benefits have to be returned and if applicable towed uses from the seller (e.g. interests). If the costumer cannot restitute to the seller the entire or parts of the service/goods or only in a deteriorated condition, the costumer may obliged to pay an indemnification. With the release of things this does not apply if the deterioration of the thing solely on their check – as it would have been possible in the retail shop- is due.
D. The customer returns the good by parcel service on the risk of the seller. The customer has to cover the cost of returning if the goods ordered are in conformity with those ordered, and if the price of the items returned does not exceed an amount of 40 Euro. Otherwise, the return is free for the customer. Obligations to refund payments must be made within 30 days. The period begins with the transmission of the customer statement or revocation of things for the seller with their reception. Consumers outside from Europe have to cover the returning cost in any case.
E. The right of withdrawal does not exist in case for delivery of goods that are manufactured after customer’s specifications or are clearly tailored to personal needs.
VI. Default in acceptance
A. In case of default in acceptance, the seller is entitled to demand a damage of 15% of the purchasing price of the order (excluding VAT). The demand for damage can be higher if the seller proves a higher damage or lower if the customer proves a lower damage.
VII. Reservation of proprietary rights
A. All delivered goods remain the seller property up to the fulfillment of all demands from the business connection, including all collateral charges and damage claims. On any customer contrary behavior to contract, especially delay of payment, the seller may take back the delivery item. Pledging of goods or transfers of ownership as security on a debt is inadmissible, as is also the resale, for as long as the proper payment has not been carried out completely.
VIII. Contractual Obligation
A. If any terms of the contract concluded with the costumer, including these Terms are or become invalid or void, in whole or in part, the validity of the other terms will not be affected thereby.
IX. Place of performance and place of jurisdiction
A. Place of performance for deliveries and payments is Rosenheim exclusively. Place of jurisdiction is Rosenheim exclusively, also for legal actions concerning checks and documents. The law of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG) do not apply.