GTC

General terms and conditions

(with legal information)

1. General terms and conditions
2. Contract partners
3. Offer and conclusion of contract
4. Prices and shipping costs
5. Contractual regulations regarding costs for return shipments in case of the exertion of the right of cancellation
6. Delivery
7. Payment conditions
8. Retention of title
9. Warranty
10. Information regarding the right of revocation

Additional information

Order process
Text of the contract
Code of conduct

General terms and conditions
(The general terms and conditions below also contain legal information on your rights according to the regulations on contracts in remote sales and electronic business transactions.)

1. General terms and conditions

(1) These terms and conditions apply to orders by consumers.  A “consumer” is defined as any natural person concluding a legal transaction for a purpose attributable neither to a mainly commercial nor a self-employed occupational activity.

Our terms and conditions of sale apply exclusively; contrary or deviating conditions of the customer are not recognised unless we explicitly approved their validity in writing. Our conditions of sale apply even if aware of contrary conditions or conditions deviating from our terms and conditions of sale we conclude the delivery to the customer without reservation.

(2) All agreements between us and the customer for the purpose of fulfilment of this contract are set out in writing in these general terms and conditions.

(3) You have a right of cancellation in accordance with the cancellation policy set out under (10) below.

2. Contract partners

The sales contract is concluded between NOVAFON GmbH, Managing Director: Werner Kauffmann, Daimlerstr. 13, 71384 Weinstadt, Germany- Beutelsbach, Register court and no.: Amtsgericht Stuttgart, HRB 26 35 32.
You can contact our customer service for questions, returns and complaints:
Monday - Friday from 8.00 am to 4.30 pm on +49 (0)7151 133  97 0 and by email on info@novafon.de

3. Offer and conclusion of contract

3.1. The language for concluding the contract is German.

3.2. Please consult individual product descriptions for the main features of the goods offered by us as well as the validity of time-limited offers, particularly as part of our website. Colours of products presented on the internet may vary from original for a variety of reasons (quality of the graphics card, monitor settings, other reasons).

3.3 The contract is concluding in accordance with the following rules:

(a) The presentation of our goods does not constitute a binding offer. It only becomes an offer in accordance with Clause 145 BGB [German Civil Code] when you place and order for the goods (by pressing the button ‘Complete my order’). Receipt of your order is confirmed by sending an automatically generated email to the email address stated by you on the order form. In addition to a list of the goods ordered by you and all costs (individual and total, transport costs; total order value), it also contains a copy of the currently valid general terms and conditions and our cancellation policy. This electronic notification does explicitly not constitute an acceptance of your offer for conclusion of a sales contract, but only documents that we received your order. An acceptance of this offer by us is done by delivery of the goods or by sending a separate explicit order confirmation or invoice. Acceptance can happen within a week of you making your offer. If the ordered device cannot be delivered, NOVAFON is entitled to offer you per email or in writing an equivalent article in terms of type, quality and price.

(b) NOVAFON stores your order data. Once you have completed your order, an acknowledgement of receipt is displayed on your screen which you can print out. The order confirmation sent by email can also be printed out.

4. Prices and shipping costs

4.1 Prices stated on the product pages are inclusive of VAT and other price components.

4.2 In addition to the stated prices, we charge a set price of €17.95 per order for delivery within Europe. Outside of Europe, this set price is €39.95.
Within Germany, we deliver free of charge. You are clearly informed about delivery charges on the product pages, in the shopping basket and on the order page.

There are no further taxes or costs.

5. Contractual regulations regarding costs for return shipments in case of the exertion of the right of cancellation

5.1 You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than €40, or in case of a higher price, if at the time of cancellation you have paid the full or a contractually agreed partial payment. Otherwise return shipment is free of charge.

5.2 Prior to returning any goods, please give us a call on +49 (0)7151 133 97 0 to announce the return shipment. This enables us to identify the products as quickly as possible. The request in 5.2 does not affect your statutory rights.

6. Delivery

6.1 Within Germany, deliveries are handled via DHL or UPS.

6.2 Unless specified differently on the respective product page, shipping time within Germany is 3 business days.

7. Payment conditions

7.1 The invoice total can be paid by advance payment, direct debit or credit card. Direct debit and credit card payment can be processed via PayPal or the Novalnet payment gateway. Novalnet offers the direct debit procedure only within Germany. In addition, Novalnet offers the option of immediate transfer.

7.2, If you select “advance payment” as your payment option, we provide you with our bank details in the order confirmation and deliver the goods once payment has been received.

7.3 You are only entitled to offsetting, if your counterclaims have been declared final and absolute in a court of law or accepted by us in writing. This does not apply if the counterclaims are based on a defect of the goods.

7.4 You can only exercise a right of retention for claims arising from the same contractual relationship.

7.5 Your account will be debited upon acceptance of the order.

7.6 For orders of a value in excess of €600, we reserve the right of shipping the goods only after receipt of an advance payment.

7.7 For purchases on account we require a customer account without outstanding balances.

8. Retention of title

All goods remain our property until payment in full is received.

9. Warranty

Our warranty is granted in accordance with statutory regulations.

10. Information regarding the right of revocation

You are entitled to revoke their contractual declaration within 30 days in writing (for example, by letter, fax or e-mail) without stating reasons or – if the goods have been handed over to you before the time limit expires – also by sending back the goods. The time limit begins after receipt of this notification in writing, but not before the goods are received by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery), nor before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the German Civil Code (EGBGB) as well as our duties under § 312g (1) sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation [or the goods] shall be deemed sufficient for compliance with the revocation term. The written revocation is to be sent to:

Novafon GmbH, Daimlerstr. 13, 71384 Weinstadt, Germany
Fax:  +49 (0)7151 133 97 70, Email: info@novafon.de

Consequences of revocation

In the event of an effective revocation, the payments or goods received by both parties are to be restored and, if necessary, any benefits drawn (e.g. interest) surrendered. If you cannot restore part or all of the received services and benefits (benefits of use) or can only return them in a worse condition, then you are obligated to replace their value to us. For the deterioration of the goods and for drawn benefits, you only have to replace their value if the benefits or the deterioration can be attributed to using the goods in a way that goes beyond checking their properties and functionality. “Checking their properties and functionality” is defined as testing and trying out the respective goods in such a way, for instance, as is possible and customary in a shop. (9) Goods that can be sent by parcel are to be returned at our risk. You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than €40, or in case of a higher price, if at the time of cancellation you have paid the full or a contractually agreed partial payment. Otherwise return shipment is free of charge. Goods that cannot be sent by parcel will be collected from you. Any obligations to reimburse payments must be satisfied within 30 days. The period of time begins for you with sending the notice of revocation or the goods, and for us when we receive them.

End of the information about your right of revocation

 

Additional information

Order process

When you have found your desired product, you can place it in the shopping basket without obligation by clicking the button “Add to shopping basket”. You can view the contents of the shopping basket at any time by clicking the “Shopping basket” button. You can remove products from the shopping basket again at any time by ticking the “Delete” column for the respective product and then clicking the “Update shopping basket” button.
If you wish to purchase the products in the shopping basket, click the “Check-out” or “Proceed to checkout” button. You will then be prompted to enter your details. Mandatory fields are marked with a*. Registration is not required. After entering your details and selecting your payment method, click the “Check order” button to go to the order page, where you will have another chance to check the details you have entered. Clicking the “Send order” button concludes the order process. The process can be cancelled at any time by closing the browser window. You will receive further information on the individual pages, for example on how to make amendments.

Text of the contract

The text of the contract is saved on our internal systems. The General Terms and Conditions can be viewed on this page at any time. The order details and General Terms and Conditions are sent to you by e-mail. After the order has been concluded, the text of the contract will no longer be accessible online for security reasons.

Code of conduct

NOVAFON is not subject to any special codes of conduct.