Terms of Service

Table of contents:

1. Scope of application
2. Offers and service descriptions
3. Ordering process and contract conclusion
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Delivery restrictions, shipping costs, payment options
8. Retention of title
9. Warranty for material defects and guarantee
10. Liability
11. Storage of the text of the contract
12. Prohibition of assignment
13. Place of jurisdiction, applicable law, contract language
14. Formal requirements
15. Effectiveness

1. Scope
   1. For the business relationship between the owner Eike Thies, Creatness, Philippistraße 4, 48149 Münster (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.
   2. Deviating conditions, conflicting or supplementary terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
   1. Responsibility for articles, motifs and the design of the web shop lies with the seller.
   2. The presentation of the products online -Shop is not a legally binding offer, but an invitation to place an order. All offers are non-binding. Descriptions of services in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
   3. All offers are valid "while stocks last", unless otherwise noted for the products. Errors excepted.
3. Order process and conclusion of contract
   1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "In shopping cart" button. The product selection can be changed within the shopping cart, e.g. deleted.
   2. The customer submits a binding request to purchase the goods in the shopping cart by clicking the "Order with obligation to pay" button. Before sending the order, the customer can change and view the data at any time and use the browser function "back" to go back to the shopping cart or cancel the order process altogether. Necessary information is marked with an asterisk (*).
   3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and the customer can use the "Print" can be printed out (order confirmation). The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded if the seller sends the ordered product to the customer within 2 days, hand it over or the shipment arrives confirmed to the customer within 2 days with a second e-mail.
   4. Should the seller allow payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payments is therefore made for a maximum of 10 calendar days.
   5. In fulfilling the contract, the seller expressly reserves the right to deviate from the descriptions, illustrations and information in electronic documents, flyers, catalogs or other written documents with regard to colour, Dimensions, weight, design and other similar features if these are to be considered reasonable for the customer. The seller understands reasonable as usual fluctuations due to technical production processes, such as: minor deviations in weight (less than 3g), minor printing errors, protruding plastic parts, different strengths of magnets.
   6. The customer agrees that invoices be created and transmitted electronically. The customer agrees to be informed about the seller's offers by e-mail.
4. Prices and shipping costs
   1. All prices stated on the seller's website include the applicable statutory VAT.
   2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and as part of the ordering process.
5. Delivery , availability of goods
   1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
   2. The seller usually ships the ordered items within 3 working days after receipt of payment. In the event of delays in delivery, the customer will be informed immediately.
   3. Should the delivery of the goods fail through the fault of the buyer despite two delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
   4. If the ordered product is not available, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
6. Payment modalities
   1. The customer can choose from the available payment methods during and before completing the ordering process. For a list of accepted payment options see 7.3.
   2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and to pay the bill. For all other payment methods, payment must be made in advance without deduction.
   3. If third-party providers are commissioned to process the payment, e.g. Paypal, their general terms and conditions apply.
   4. If the payment is due after the determined by the calendar, the customer is already in default by missing the appointment. In this case, the customer has to pay the statutory default interest.
   5. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
   6. There is a right to set-off to the customer only if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Delivery restrictions, shipping costs, payment options
   1. The products are currently shipped only to the European Union. For other countries please contact support@notific.at to receive an individual offer.
   2. Shipping costs are depending on the Delivery Destiny and double every five notificats.
   3. The following payment methods are currently offered:
   • PayPal
   • Credit cards (Visa, Mastercard or American Express) via payment processor Stripe
8. Retention of title

   The delivered goods remain the property of the seller until full payment has been made.

9. Warranty for material defects and guarantee
   1. The guarantee is determined by statutory provisions. If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delay), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Compensation for (defect) consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
   2. In flyers, catalogues, circulars, advertisements or price lists The information, illustrations, drawings, technical data, descriptions of weight, dimensions and performance are for informational purposes only. The seller does not guarantee the correctness of this information. The information contained in the order confirmation (dispatch confirmation) alone is decisive with regard to the type and scope of the delivered goods.
   3. The goods delivered by the seller are only guaranteed if this has been expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.
   4. Any defects must be reported in writing within one week of receipt of the goods. If the customer fails to do so, he loses all claims. If the customer is a consumer, the statutory warranty obligations apply. In principle, the customer has the choice of whether the improvement or an exchange should take place. However, the seller is entitled to refuse the chosen remedy if it is impossible or involves a disproportionately high effort for the seller compared to the other remedy. In the case of companies, the seller initially provides a guarantee for the defects in the goods at his own discretion, through improvement or replacement. The entrepreneur has the full probative value for all claim requirements, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. Claims for direct damages or consequential damages are excluded, insofar as this is legally permissible.
   5. Shipping costs incurred in the event of a return due to defects are borne by the seller. However, the customer undertakes to avoid unnecessary costs by selecting the appropriate shipping method.
   6. The seller does not guarantee the constant and uninterrupted availability of the online offer.
   7. The seller does not guarantee for proper signal of the Notificat.
10. Liability
    1. The following exclusions and limitations of liability apply to the seller's liability for damages, notwithstanding the other statutory entitlement requirements.
    2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
    3. Further liable the seller for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
    4. Any claims for recourse that contractual partners or third parties direct against the seller from the title product liability iSd PHG are excluded, unless the person entitled to recourse proves that the error was caused by the seller and was at least the result of gross negligence.
    5. The above limitations of liability do not apply to injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
    6. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
    7. The seller is only liable for own content on the website. If the seller provides access to other websites with links, the seller is not responsible for the content there.
11. Saving the text of the contract
    1. The customer can print out the text of the contract before submitting the order to the seller by clicking in the last step uses the print function of his browser to place the order.
    2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
12. Prohibition of assignment

    A consumer's claims against us may not be assigned without our express written consent.

13. Jurisdiction, applicable Law, contract language
    1. The place of jurisdiction and performance is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
    2. The contract language is German.
    3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
14. Formal requirements

    Inquiries, declarations, etc. addressed to us - with the exception of notifications of defects - must be in writing, unless otherwise specified, to be legally effective, including the original signature or a secure electronic signature, and must be sent to the business address of the seller. Contract, order and business language is German or English.

15. Effectiveness

    Should a of these provisions of these General Terms and Conditions be or become invalid or contradict statutory provisions, the validity of the remaining provisions shall remain unaffected. The two contracting parties will replace the invalid provision with one that comes as close as possible to the economic sense and purpose of the invalid provision. The same applies in the event of a gap in the contract.