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Terms and Conditions

General terms and conditions – as of July 2023

GENERAL TERMS AND CONDITIONS FOR ONLINE CUSTOMERS

(PRIVATE PURCHASES)

§ 1. GENERAL

(1) For all business relationships between nordic coast company GmbH, represented by the managing partner Trixi Oppenhäuser, Große Spillingsgasse 14, 60385 Frankfurt am Main, Frankfurt am Main District Court, 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 ours The following General Terms and Conditions (“GTC”) apply exclusively to our customer (“Customer”) in the version valid at the time of the order.

(2) The General Terms and Conditions apply regardless 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 attributed to his commercial or independent 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 their commercial or independent professional activity.

(3) Differing terms and conditions of the customer will not be recognized unless nordic coast company expressly agrees to their validity in writing.

§ 2 CONTRACT CONCLUSION/LANGUAGE

(1) The presentation and advertising of the goods does not constitute a binding offer to conclude a purchase contract. Rather, these offers are subject to change and non-binding. Only by clicking the “Order with obligation to pay” button on the last page of the online order form under “Overview & Order” does the customer make a legally binding offer to conclude a purchase contract for the items they have placed in their shopping cart.

(2) Before submitting the order, the customer can change and view the data entered at any time. He can correct any input errors in the shopping cart using the “Remove” option for the individual products before completing the ordering process. However, the customer can only make the offer to conclude the purchase contract if he has previously clicked on the button “I have read the general terms and conditions and the data protection declaration and agree to them. “I have been informed of my right of withdrawal” and have accepted these terms and conditions and thereby made them part of the purchase offer. The customer can also view the terms and conditions at any time on www.nordiccoastcompany.de or www.nordiccoastcompany.com.

(3) nordic coast company confirms receipt of the order immediately by email. This confirmation of receipt does not constitute a binding acceptance of the order unless this is expressly stated in the email. A purchase contract is only concluded when nordic coast company sends the customer an order confirmation by email and thereby bindingly accepts the order.

(4) The German language is available for concluding the contract. The contract text (order data and these general terms and conditions including cancellation policy) is saved by nordic coast company and sent to the customer during the ordering process at the latest together with the delivery of the goods.

§ 3 OFFER RESTRICTIONS AND AVAILABILITY OF GOODS

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

(2) The items will only be delivered to customers who order from nordic coast company as consumers in normal household quantities.

(3) If no copies of the product selected by the customer are available at the time of the order, nordic coast company will inform the customer immediately. If the product is permanently unavailable, nordic coast company will not issue a declaration of acceptance. A contract is not concluded in this case. If the product specified in the order is only temporarily unavailable, nordic coast company will also immediately inform the customer of this in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case nordic coast company is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately.

§ 3.1 INDIVIDUALLY DESIGNED GOODS

The information (texts, files) for individual design must be provided to nordic coast company in the text field when ordering (notification to the buyer) via the online ordering system or at the latest immediately after conclusion of the contract by email.
The specifications for file formats and number of characters must be observed. The customer undertakes not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. The customer expressly releases nordic coast company from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
nordic coast company assumes no liability for errors or accuracy of the data and texts transmitted. There is therefore no check for correctness of content.

§ 4 RETENTION OF TITLE

All goods remain the property of nordic coast company until the invoice amount has been paid in full, including all additional costs (in particular sales tax and shipping costs).

§ 5 PAYMENT METHODS

(1) The customer can choose to pay for the goods in advance, by credit card or Paypal. When paying in advance, the customer will receive an order confirmation by email with the bank details of the nordic coast company if the contract is accepted. As soon as the order is processed, the customer will receive an invoice with a payment request by email. The customer then has 7 days to pay for the goods. Until then the order is reserved. The stated delivery time begins as soon as nordic coast company has received the invoice amount. If payment is made by credit card, the customer's account will be debited when the order confirmation is sent. It must be ensured that the account has sufficient funds at the time of debiting; any costs resulting from a chargeback of the invoice amount for which the customer is responsible (chargeback fee) must be borne by the customer.

(2) All prices are gross prices, i.e. including the applicable statutory sales tax (VAT), plus shipping costs.

(3) The shipping costs are stated in the order overview and are displayed before the customer submits the order. The shipping costs depend on the purchase value and the items: Delivery is free for orders over 30.00 euros. For orders below 30.00 euros, shipping costs are 5.90 euros. If the order fits into a shipping bag, such as bibs, the amount is reduced to 3.90 euros.

§ 6 DELIVERY

Delivery takes place 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 for advance payment.

§ 7 RIGHT OF CANCELLATION AND CANCELLATION INSTRUCTIONS

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

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us

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

inform you of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax, email). You can use our sample cancellation form, although this is not mandatory. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we will use the same payment method that you used for the original transaction, unless something different was expressly agreed with you. In no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. The goods must be returned immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract

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

be returned or handed over. The deadline is met if you send the goods before the fourteen day period has expired. nordic coast company bears the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

End of revocation

Exclusion of the right of withdrawal
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 selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer.

§ 8 VOUCHERS

Gift vouchers have no time limit 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 there is an empty “Enter voucher” field under the item list in which the voucher code can be entered. The voucher amount will be billed directly. The customer sees the new amount in the cost statement. Vouchers cannot be combined with one another. Only one voucher can be redeemed per order. No vouchers can be redeemed subsequently. If the voucher amount is not used up, a credit will only be credited to the customer account for registered customers. Vouchers and voucher credit cannot be paid out in cash, offset against outstanding claims or transferred to another nordic coast company customer account. Resale of vouchers is also not permitted.

§ 9 LIABILITY

Claims for damages by the customer are excluded unless otherwise stated below. Nordic Coast Company is liable for property damage and financial damage caused intentionally or through gross negligence. If nordic coast company violates an essential contractual obligation or a cardinal obligation, i.e. an obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely, nordic coast company is liable for property damage and financial loss, even in the event of slight negligence limited to the foreseeable damage that is typical for the contract.

Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions. To the extent that nordic coast company is liable, whose liability is limited or excluded, this also applies to damages due to breaches of duty by its employees, employees, employees, representatives and vicarious agents.

§ 10 APPLICABLE LAW/JURISDICTION

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer 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 that country remains unaffected by the choice of law made in sentence 1. If the customer is a merchant and is based in Germany at the time of the order, the exclusive place of jurisdiction is the headquarters of nordic coast company Frankfurt am Main. Otherwise, the applicable legal provisions apply to local and international jurisdiction.

nordic coast company GmbH, HRB 98877, Frankfurt am Main

July 2023

General terms and conditions for dealers – as of July 2023

GENERAL TERMS OF SALE FOR CORPORATE CUSTOMERS

§ 1 General, scope

(1) These General Terms and Conditions of Sale apply to all of our business relationships with our customers (hereinafter: “Buyer”). They only apply if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

(2) These conditions apply in particular to contracts for the sale and/or delivery of movable items (hereinafter also: “goods”), regardless of whether we produce the goods ourselves or purchase them from suppliers. In their respective version, they also apply as a framework agreement for future contracts for the sale and/or delivery of movable items with the same buyer, without us having to refer to them again in each individual case; In this case, we will inform the buyer immediately about changes to our conditions.

(3) These conditions apply exclusively. Differing, conflicting or supplementary general terms and conditions of the buyer will only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in all cases, for example even if we carry out the delivery to the buyer without reservation despite being aware of the buyer's terms and conditions.

(4) Individual agreements made with the buyer in individual cases (including additional agreements, additions and changes) always take precedence over these conditions. A written contract or our written confirmation is decisive for the content of such agreements.

(5) Legally relevant declarations and notifications that the buyer must make to us after the contract has been concluded (e.g. setting deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing to be effective.

(6) References to the validity of legal regulations only have clarifying meaning. Even without such clarification, the statutory provisions apply unless they are directly changed or expressly excluded in these conditions.

§ 2 Conclusion of contract

(1) Our offers are subject to change and non-binding. This also applies if we have provided the buyer with catalogs, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - including in electronic form - to which we hold ownership rights and copyrights Reserved.

(2) A minimum order value of 300 euros (net) per order applies to orders. The ordering of the goods by the buyer is considered a binding contract offer. Unless the order states otherwise, we are entitled to accept this contract offer within 14 days of its receipt.

(3) Acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the buyer.

§ 3 Delivery period and delay in delivery

(1) The delivery period is agreed individually or specified by us when accepting the order.

(2) If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we will inform the buyer of this immediately and at the same time inform the expected new delivery deadline. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse any consideration already provided by the buyer.

(3) The occurrence of our delay in delivery is determined in accordance with the legal regulations. In any case, a reminder from the buyer is required.

§ 4 Delivery, transfer of risk

(1) Deliveries only take place within Germany. Delivery takes place ex warehouse, which is also the place of performance. At the buyer's request and expense, the goods will be sent to another destination (shipment purchase). Unless otherwise agreed, we are entitled to determine the type of shipment ourselves (in particular the transport company, shipping route, packaging).

(2) The risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover at the latest. However, when purchasing by mail order, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment upon delivery of the goods.

§ 5 Prices and payment conditions

(1) Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded apply, namely ex warehouse, plus statutory sales tax.

(2) When purchasing by mail order, the buyer bears the transport costs from the warehouse and the costs of any transport insurance requested by the buyer. The buyer is responsible for any customs duties, fees, taxes and other public charges. We do not take back transport and all other packaging in accordance with the Packaging Ordinance; it becomes the property of the buyer; pallets are excluded.

(3) Orders will only be carried out against advance payment or after a separate payment agreement.

(5) If it becomes apparent after conclusion of the contract that our claim to the purchase price is jeopardized by the buyer's inability to pay (e.g. through an application to open insolvency proceedings), we are obliged to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw entitled by the contract. In the case of contracts for the production of unreasonable items (custom-made products), we can declare withdrawal immediately; The legal regulations regarding the dispensability of setting a deadline remain unaffected.

§ 6 Retention of title

(1) We reserve title to the goods sold until all of our current and future claims from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.

(2) The goods subject to retention of title may neither be pledged to third parties nor assigned as security until the secured claims have been paid in full. The buyer must notify us immediately in writing if and to the extent that third parties access the goods belonging to us.

(3) If the buyer behaves in breach of contract, in particular if the purchase price due is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of retention of title and withdrawal. If the buyer does not pay the purchase price due, we may only assert these rights if we have previously unsuccessfully set the buyer a reasonable deadline for payment or if such a deadline is unnecessary according to legal regulations.

(4) The buyer is authorized to resell and/or process the goods subject to retention of title in the normal course of business. In this case, the following provisions also apply.

(a) The retention of title extends to the products created by processing, mixing or combining our goods at their full value, whereby we are considered the manufacturer. If third-party goods remain subject to ownership rights when processed, mixed or combined with goods, we acquire co-ownership in proportion to the invoice value of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.

(b) The buyer hereby assigns to us as security the claims against third parties arising from the resale of the goods or the product in full or in the amount of our possible co-ownership share in accordance with the previous paragraph. We accept the assignment. The buyer's aforementioned obligations also apply with regard to the assigned claims.

(c) The buyer remains authorized to collect the claim alongside us. We undertake not to collect the claim as long as the buyer meets his payment obligations to us, does not default on payment, no application has been made to open insolvency proceedings and there is no other deficiency in his ability to pay. However, if this is the case, we can demand that the buyer inform us of the assigned claims and their debtors, provide all the information required for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.

(d) If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the buyer's request.

§ 7 Warranty

(1) The following tolerances are deemed to be agreed and do not represent a material defect in the goods:

– Length deviation +/- 3%

– Deviation from weight + / – 3%

– Width deviation +/- 1 – 2.5%

– Tolerance for diagonal distortion +/- 1.5% on the fabric width

– Tolerance for shrinkage +/- 3 – 5%

– after washing a fabric it may shrink +/- 1 – 3%

– Deviation in fiber composition +/- 5 – 10%

– Color deviations, e.g. B. Whiteness

– Projecting threads (up to 5 cm on the outside, up to 10 cm on the inside).

(2) The buyer's statutory claims for defects presuppose that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect becomes apparent during the inspection or later, we must be notified of this immediately in writing. The notification is considered immediate if it is made within two weeks, whereby sending the notification on time is sufficient to meet the deadline. Regardless of this obligation to inspect and report defects, the buyer must report obvious defects (including incorrect and short delivery) in writing within two weeks of delivery, whereby sending the notification on time is sufficient to meet the deadline. If the buyer fails to properly inspect and/or report defects, our liability for the defect not reported is excluded.

(3) If the delivered item is defective, the buyer can initially choose between rectification of the defect (repair) or delivery of a defect-free item (replacement delivery) as supplementary performance. If the buyer does not declare which of the two rights he chooses, we can give him a reasonable deadline to do so. If the buyer does not make the choice within the deadline, the right to choose passes to us when the deadline expires.

(4) We are entitled to make the subsequent performance owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to withhold a portion of the purchase price that is appropriate in relation to the defect.

(5) The buyer must give us the time and opportunity necessary for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes.

(6) We will bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, if there is actually a defect. However, if the buyer's request to rectify the defect turns out to be unjustified, we can demand reimbursement from the buyer for the resulting costs.

(7) If the subsequent performance has failed or a reasonable deadline to be set by the buyer for the subsequent performance has expired without success or is unnecessary according to the legal regulations, the buyer can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.

(8) The buyer's claims for damages or reimbursement of wasted expenses only exist in accordance with Section 8 and are otherwise excluded.

§ 8 Other liability

(1) Unless otherwise stated in these terms and conditions, including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant legal regulations.

(2) We are liable for damages – regardless of the legal basis – in the event of intent or gross negligence. We are only liable for simple negligence

a) for damages resulting from injury to life, body or health,

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); In this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.

(3) The limitations of liability resulting from paragraph 2 do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to the buyer's claims under the Product Liability Act.

(4) Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate the contract if we are responsible for the breach of duty. The buyer's free right of termination is excluded. Otherwise, the legal requirements and legal consequences apply.

§ 9 Limitation

(1) Deviating from Section 438 Paragraph 1 No. 3 BGB, the general limitation period for claims based on material and legal defects is one year from delivery.

(3) The above limitation period of the purchase law also applies to contractual and non-contractual claims for damages by the buyer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases lead. The limitation of the product liability law remain unaffected in any case.

§ 10 Choice of law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies to these conditions and all legal relationships between us and the buyer, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. Requirements and effects of the retention of title in accordance with Section 6 are subject to the law at the respective storage location of the item, to the extent that the choice of law made in favor of German law is inadmissible or ineffective.

(2) If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our registered office in Frankfurt am Main. However, we are also entitled to bring legal action at the buyer's general place of jurisdiction.

As of: July 2023

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