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General Terms and Conditions - Status October 2016

GENERAL TERMS AND CONDITIONS

§ 1 GENERAL

(1) For all business relations between nordic coast company GmbH, represented by the managing partner Trixi Oppenhäuser, Große Spillingsgasse 14, 60385 Frankfurt am Main, Amtsgericht Frankfurt am Main, HRB 98877, VAT ID No. DE 29 46 53 316, Tel: +49 (0) 69 27 27 32 -77, Fax: +49 (0) 69 27 27 32 78, kontakt@nordiccoast.com, (“nordic coast company”) and you as our customer (“customer”) are exclusively subject to the following General Terms and Conditions of Business (“GTC”) in the version valid at the time of the order.

(2) The General Terms and Conditions apply irrespective of whether the customer is a consumer or an entrepreneur. The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

(3) Deviating terms and conditions of the client will not be accepted unless nordic coast company expressly agrees to their validity in writing.

§ 2 CONCLUSION OF CONTRACT/LANGUAGE

(1) The presentation and advertising of the goods does not constitute a binding offer to conclude a sales contract. Rather, these offers are subject to change and non-binding. Only by clicking on the button “Order subject to payment” on the last page of the online order form under “Overview & Order” does the customer submit a legally binding offer to conclude a purchase contract for the items he has placed in the shopping basket.

(2) Before sending the order, the customer can change and view the data entered at any time. Any input errors in the shopping cart can be corrected by the customer by using the “Remove” option for the individual products before completing the ordering process. However, the customer can only submit the offer to conclude the purchase contract if he/she has previously read and agreed to the terms and conditions and the data protection declaration by clicking on the button “I have read the terms and conditions and the data protection declaration. I have been informed about my right of withdrawal” and have accepted these GTCs and thereby made them part of his purchase offer. The customer can also view the AGBs at any time on www.nordiccoastcompany.de or www.nordiccoastcompany.com.

(3) nordic coast company will confirm receipt of the order immediately by e-mail. This confirmation of receipt does not constitute a binding acceptance of the order, unless this is expressly stated in the e-mail. A purchase contract is only concluded when nordic coast company sends the Client an order confirmation by e-mail and thereby accepts the order with binding effect.

(4) The German language is available for the conclusion of the contract. The wording of the contract (order data and these General Terms and Conditions including revocation instructions) will be stored by nordic coast company and sent to the Customer in the ordering process at the latest together with the delivery of the goods.

§ 3 RESTRICTIONS ON OFFERS AND AVAILABILITY OF GOODS

(1) nordic coast company does not offer products for purchase by minors. Also products for children can only be bought by adults.

(2) The delivery of products to customers who order as consumers from nordic coast company is only carried out in quantities which are usual for households.

(3) If at the time of ordering no copies of the product selected by the customer are available, nordic coast company will inform the customer immediately. If the product is permanently unavailable, nordic coast company will refrain from issuing a declaration of acceptance. In this case no contract is concluded. If the product specified in the order is only temporarily unavailable, nordic coast company will also inform the Customer immediately in the order confirmation. If delivery is delayed by more than two weeks, the Client has the right to withdraw from the contract. In this case nordic coast company is also entitled to withdraw from the contract. Any payments already made by the client will be refunded immediately.

§ 3.1 INDIVIDUALLY DESIGNED GOODS

The information (texts, files) for individual design must be made available to nordic coast company in the text field when the order is placed (notification to the purchaser) via the online ordering system or, at the latest, by e-mail immediately after conclusion of the contract.
The specifications regarding file formats and number of characters must be observed. The Customer undertakes not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violate existing laws. The client expressly indemnifies nordic coast company against all claims made by third parties in this connection. This also applies to the costs of legal representation required in this connection.
nordic coast company accepts no liability for errors and the accuracy of the data and texts transmitted. No examination of the correctness of the contents is therefore carried out.

§ 4 RESERVATION OF TITLE

All goods remain the property of nordic coast company until full payment of the invoice amount, including all ancillary costs (in particular VAT and shipping costs).

§ 5 TERMS OF PAYMENT

(1) The customer can pay for the goods at his choice by advance payment, credit card or Paypal. If payment is made in advance, the customer will receive an order confirmation by e-mail with the bank details of the nordic coast company if the contract is accepted. As soon as the order is being processed, the customer will receive an invoice with a request for payment by e-mail. The customer then has 7 days to pay for the goods. Until then the order is reserved. The stated delivery time starts as soon as the invoice amount has been received by nordic coast company. If payment is made by credit card, the customer’s account will be charged when the order confirmation is sent. Sufficient funds must be available in the account at the time of debiting, and any costs arising from a return debit of the invoice amount for which the customer is responsible (return debit charge) must be borne by the customer.

(2) All prices are to be understood as gross prices, i.e. including the respectively valid legal sales tax (VAT), plus shipping costs.

(3) The shipping costs are indicated in the order overview and are displayed before the customer sends the order. The shipping costs depend on the purchase value and the articles: From an order value of 99,00 Euro the delivery is free of charge. Below 99,00 Euro the shipping costs are 5,90 Euro. If the order fits into a shipping bag, e.g. bibs, the amount is reduced to 3.90 Euro. The shipping costs for a voucher are 2,50 Euro. This amount always accrues and is already included in the voucher price.

§ 6 DELIVERY

The delivery is carried out within Germany to the specified delivery address. The average delivery time for a delivery is 5-7 working days from order confirmation or receipt of payment with prepayment.

§ 7 RIGHT OF REVOCATION AND REVOCATION INSTRUCTION

If the customer orders as a consumer, he is entitled to a right of revocation in accordance with the statutory provisions.

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right of withdrawal, you must

nordic coast company GmbH
Große Spillingsgasse 14
60385 Frankfurt am Main
e-mail: support(at)nordiccoast.com
Phone: (0) 69 27 27 32 -77
Fax: (0) 69 23 78 33 -78

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use our sample revocation form for this purpose, but this is not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. The goods must be returned immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement to

nordic coast company GmbH
Große Spillingsgasse 14
60385 Frankfurt am Main
e-mail: support(at)nordiccoast.com
Phone: (0) 69 27 27 32 -77
Fax: (0) 69 23 78 33 -78

be returned or handed over. The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period. nordic coast company will bear the direct costs of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check the nature, properties and functioning of the goods.

End of the cancellation policy

Exclusion of the right of revocation
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for
the production of which is based on an individual choice or determination by the consumer or which are clearly tailored to the personal needs of the consumer.

§ 8 VOUCHERS

Gift vouchers are unlimited in time and are not subject to a minimum order value. Promotional vouchers are only valid for the period specified in the voucher promotion. In the shopping cart, under the item listing, there is an empty field “Enter voucher” in which the voucher code can be entered. The voucher amount is settled directly. In the cost list the customer sees the new amount. Vouchers cannot be combined with each other. Only one voucher can be redeemed per order. Vouchers cannot be redeemed subsequently. If the voucher amount is not used up, a credit note will only be issued to the customer account of registered customers. Vouchers and voucher credits cannot be paid out in cash, set off against open claims or transferred to another nordic coast company customer account. The resale of vouchers is also not permitted.

§ 9 LIABILITY

Claims for damages by the customer are excluded, unless otherwise stated in the following. nordic coast company is liable for property damage and financial losses caused intentionally or through gross negligence. If nordic coast company breaches an essential contractual obligation or a cardinal obligation, i.e. an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the client may regularly rely, nordic coast company will be liable for material and financial damage even in cases of slight negligence, but limited to the foreseeable damage typical of the contract.

Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability. In so far as nordic coast company is liable, whose liability is limited or excluded, this applies equally to damages resulting from breaches of duty by its employees, workers, staff, representatives and vicarious agents.

§ 10 APPLICABLE LAW / PLACE OF JURISDICTION

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1. If the customer is a merchant and has his registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of nordic coast company Frankfurt am Main. In all other respects the applicable statutory provisions shall apply to local and international jurisdiction.

nordic coast company GmbH, HRB 98877, Frankfurt am Main

January 2020

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