General Terms and Conditions and Customer Information
This English version is provided for convenience. The contract language is German; in case of doubt, the German version applies.
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (R. Baimonkoeva) via the website www.nomadsocks.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own is rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can open the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar wording) and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data is displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment is processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. "Stripe" may use other payment services to process payments; if special payment conditions apply to these, you will be informed of them separately. Further information on "Stripe" can be found at https://stripe.com/de.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights for liability for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Nomad Socks
R. Baimonkoeva
Eydkuhnenweg 22B
22047 Hamburg
Germany
Email: contact@nomadsocks.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions are sent to you again by email.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all In accordance with § 19 UStG (German VAT Act), no VAT is charged or shown.
5.2. Any shipping costs are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which must be paid by you.
5.4. Costs of money transfer incurred (bank transfer or exchange rate fees) must be paid by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were drawn up by the IT law specialists of Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024
