Nomade Moderne OG
Hernalser Hauptstraße 191a/8
1170 Wien, Austria
represented by the managing director: Nuriel Molcho
Consumer information in accordance with EU Regulation No. 524/2013:
The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at https://ec.europa.eu/consumers/odr/
Our email address can be found above under 1: Seller identity
We list the essential characteristics of the goods and/or services under each item description and in any additional notes on our website.
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
SECTION 1 CONTRACTING PARTIES | SCOPE OF APPLICATION | LANGUAGE OF CONTRACT
(1) The contracting party within the scope of the following general terms and conditions is
Nomade Moderne (hereinafter referred to as “Seller”) and the customer. Further information on the communication data and the Seller’s legal representation can be found under the provider identification.
(2) These General Terms and Conditions stipulate the sale of products from the Seller to the customer, in particular via the online store on the above-mentioned website. During the ordering process, the customer must accept the following applicable General Terms and Conditions as amended at the time the order is placed. A customer in the sense of these General Terms and Conditions are only those consumers within the meaning of Sec. 13 of the German Civil Code (BGB) who enter into a legal transaction for purposes that predominantly are outside his trade, business or profession.
(3) Regulations other than those contained herein shall only become effective with the express agreement of a representative of the Seller authorised to manage the business and the respective customer. All communication within the scope of the declarations relevant to the contract shall be made in German.
SECTION 2 CONCLUSION OF THE CONTRACT
(1) What the Seller offers on the website shall constitute an online catalogue with a non-binding invitation to the customer to order goods from the Seller.
(2) When ordering through the website, the order is only binding if you click on the button “Complete order” at the end of the ordering process. Input errors can be corrected before confirming the order by going back in the order process and using the available correction functions.
(3) The Seller is entitled to accept this offer within a period of seven calendar days by sending an order confirmation or sending the ordered goods. The order confirmation is sent by email. If the deadline expires without an order confirmation being sent, the offer shall be deemed to have been rejected.
(4) The Seller shall immediately confirm that the order, which was placed through the online store, was received by sending an email to the customer. Such an email does not constitute a binding acceptance of the order, unless acceptance is declared therein in addition to the confirmation of receipt.
(5) Should the order confirmation or any other legally binding declaration of the Seller contain typographical or printing errors or should pricing be based on transmission errors, the Seller is entitled to contest the declaration on the grounds of error, whereby the burden of proof with regard to the error shall lie with the Seller. In this case, any payments that were received will be refunded immediately.
(6) The Seller shall not save the text of the contract and/or the item description; they will be made accessible to the customer for printing and downloading on the order summary page using the means provided by the customer’s browser and by an email summarising the order. With the exception of the GTCs, there will be no way to otherwise access the text of the contract.
SECTION 3 PRICES and Payment Terms
(1) Unless otherwise stated in the Seller's product description, the quoted prices are total prices including the statutory value added tax. Any additional shipping and handling costs that may be incurred will be indicated separately in each product description.
(2) The payment options are communicated to the customer in the Seller’s online store.
(3) If an advance payment by bank transfer has been agreed without a later due date having been agreed, payment shall be due immediately upon when the contract is concluded.
or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, which can be viewed at WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACYWAX-FULL.
SECTION 4 TERMS OF DELIVERY
(1) The goods are available ex stock and will be delivered to the shipping address the customer provided.
(2) The availability of the goods and the delivery date are based on the information on the website.
(3) If, contrary to expectations, the customer orders a product that is not available despite timely merchandise planning – for reasons for which the Seller is not responsible – the Seller shall inform the customer immediately about the unavailability of the product and, in the event of cancellation of the contract, refund the customer any payments already made without undue delay.
(4) If the delivery is delayed or becomes impossible for reasons for which the Seller is responsible, and where this is not based on intent or gross negligence, the liability for damages shall be excluded. Further claims of the customer shall remain unaffected thereof.
(5) If a delayed delivery is due to reasons for which the Seller is not responsible (force majeure, third-party negligence, etc.), the delivery period shall be extended accordingly. The customer shall be informed thereof without undue delay. If the causes for the delay persist for more than four weeks after the contract was concluded, each party shall be entitled to revoke the contract.
(6) Unless otherwise stated, the delivery shall be made for a flat rate for packaging and shipping costs (Section 3(1)), the exact amount of which is indicated separately for each delivery.
(7) Where consumer goods are purchased, the Seller shall bear the risk of accidental loss or accidental destruction during transport.
SECTION 5 RETENTION OF TITLE
(1) The ordered goods shall remain the Seller’s property until delivery, but in any case, until the order has been paid in full.
(2) Before ownership is transferred, it shall not be permitted to resell, lease, pledge, transfer by way of security, process, or otherwise dispose of or transform the goods without the Seller’s express consent.
SECTION 6 WARRANTY
(1) The statutory law on liability for defects shall apply subject to the following provisions.
(2) Note: Damage caused by improperly caring for or storing the goods does not constitute a claim against the Seller. Improper care and storage are determined, in particular, according to the manufacturer's instructions on the website or in the care instructions.
(3) When purchasing a used item, the customer’s claims for subsequent performance shall come under the statute of limitations one year after receiving the goods. The reduction of the period to one year shall not apply if a liability to pay damages is based on bodily or health-related injuries due to a defect for which the Seller is responsible as a result of wilful conduct or gross negligence, including that of the Seller’s vicarious agents. A right of recourse according to Sections 478, 479 of the German Civil Code (BGB) shall remain unaffected thereof.
(4) In case of obvious defects and transport damage, the Seller asks the customer to report them to the Seller immediately. In this way, the customer makes it easier for the Seller to assert any further claims against its own supplier. If the customer is a consumer, the failure to notify the Seller without undue delay shall of course have no effect on the customer’s warranty claims within the meaning of paragraphs (1) to (3).
(5) We ask you not to return defective goods, freight collect. We will send you a return label upon request to return the items free of charge.
SECTION 7 LIABILITY
(1) In the event of death, injury to a person’s health or bodily harm, the Seller shall be liable in accordance with the statutory provisions. The liability according to the provisions of the German Product Liability Act (ProdHaftG) shall remain unaffected thereof.
(2) In all other respects – with the exception of cases in which the Seller was in breach of its material contractual obligation through fault of its own, the Seller shall only be liable for intent and gross negligence. Material contractual obligations are those which grant the contracting parties the rights that the contract must grant in accordance with its content and purpose, in particular those obligations the performance of which makes the proper execution of the contract possible in the first place and the compliance of which the contracting party regularly relies and may rely on.
(3) Insofar as an attributable breach of obligation is based on simple negligence and a material contractual obligation (cf. paragraph (2)) is breached through the Seller’s own fault, the Seller’s liability for damages shall be limited to the foreseeable damage that typically occurs in comparable cases.
(4) For other cases of slight negligence, the liability of the Seller shall be excluded.
SECTION 9 SEVER ABILITY and GOVERNING LAW
(1) Should one or more provisions of these GTC be invalid, such invalidity shall not affect any other provision hereof.
(2) The conclusion and processing of all contracts shall be governed by the laws of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. This shall not affect mandatory provisions of the country in which the customer, who is a consumer, has his or her habitual residence at the time the contract is concluded.
(3) These provisions may be made available in several languages. Only the German language version is legally binding; translations are only intended to have informative purposes for the customer.
SECTION10 RETURN POLICY
All product are final sale and therefore not eligible for returns or exchanges.
(2) Sale items
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
We only replace items if they are defective or damaged.