Table of Contents:
A. General Terms and Conditions
1. Scope of Application
2. Conclusion of the Contract
3. Return Shipping Charges when Exercising the Right of Revocation
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Liability for Defects
7. Applicable Law, Court of Jurisdiction, Contractual Language
B. Customer Information
1. Information on the Seller's Identity
2. Information on the Significant Characteristics of the Goods or Services
3. Information on the Conclusion of the Contract
4. Information on Payment and Delivery
5. Information on Technical Steps leading to the Conclusion of the Contract
6. Information on Storing the Wording of the Contract
7. Information on the Technical Tools for Recognizing and Correcting Input Errors
8. Information on the Languages available for the Conclusion of the Contract
9. Information on Codes of Conducts to which the Seller subscribed
A. General Terms and Conditions
These Terms and Conditions of the navabi GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between the consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller relating to all goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own conditions is herewith objected to, unless other terms have been stipulated.
For the purpose of these General Terms and Conditions, consumer is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. For the purpose of these General Terms and Conditions, entrepreneur is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
Product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.
The Customer may submit the offer in writing, by fax, e-mail or by the online order form integrated into the Seller's online shop. When placing the order using the online order form, the Customer submits a legally binding offer of contract for the goods in the online shopping basket after entering its personal data and by clicking the button "place order" during the final step of the ordering process.
The Seller may accept the Customer's offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation, or by delivering the goods within five days. The Seller reserves the right to refuse the order.
Order processing and contacting usually takes place via e-mail and automated order processing. It is the Customer's responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
Should the Customer have the right of revocation, he/she is obliged to bear the standard return shipping charges when exercising the right of revocation provided that the price of the returned goods does not exceed an amount of 40 Euros, or, in case of a higher price of the goods, the Customer has not made payment in full or in parts at the time of revocation, unless the delivered goods do not correspond to those ordered. In all other cases, the Seller bears the return shipping charges.
All prices indicated by the Seller are final prices and include the German legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
For deliveries within Germany the Seller offers the following payment options, unless otherwise specified in the respective product description:
If international dispatch is additionally offered for the respective product, the Customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description:
For deliveries to countries outside the European Union, additional costs may arise for individual cases that the Seller is not responsible for and which are to be borne by the Customer - such costs may be cost for money transfers by credit institutions (e.g. transfer and exchange fees) or duties and taxes (e.g. customs duties).
If prepayment has been agreed upon, payment shall be due immediately upon contract conclusion.
If delivery against invoice is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is due within 10 (ten) days after receipt of invoice, to be paid without deduction, unless otherwise agreed. When delivery against invoice is chosen, the Seller reserves the right to conduct a credit check and to reject this payment method if the outcome of the credit check is negative.
When choosing the payment option credit card the credit card account of the Customer will be debited immediately after the Seller's acceptance in accordance with Section 2.3 of the Seller's General Terms and Conditions (see above).
Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer. In the processing of the transaction, the delivery address indicated during the Seller's order processing shall be applicable.
Should the transport company return the goods back to the Seller due to the fact that delivery to the Customer has not been possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the Customer by refusing the acceptance exercises his/her right of revocation, if he/she is not responsible for the reason causing the impossibility of delivery or if he/she has been temporarily impeded to receive the offered goods/service, unless the Seller has notified the Customer the Customer for a reasonable time in advance about the service.
Statutory liability for defects shall be applicable.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his/her habitual residence.
Provided that the Customer is a merchant, a legal entity as defined by public law, or a special fund under public law established in the territory of the Federal Republic of Germany, the exclusive venue for any disputes arising from this contract shall be the Seller's business location. If the Customer's domicile is located outside the territory of the Federal Republic of Germany, then the Seller's business location shall be the exclusive venue for any disputes arising from this contract, provided that the contract or claims under this contract can be attributed to the professional or commercial activity of the Customer. In any event is the Seller in the above cases entitled to take legal action at the court having jurisdiction for the Customer's location.
Contractual language is German.
B. Customer Information
Jülicher Str. 344
Commercial Register: Aachen
Company Registration Number: HRB 15106
Managing Directors: Bahman Nedaei, Zahir Dehnadi
Sales Tax Identification Number: DE 262739607
German Support Tel.: +49 (0) 241 900 53 37 22
English Support Tel.: +49 (0) 241 900 53 37 23
Fax: +49 (0) 241 900 53 37 20
The significant characteristics of the goods or services result from the respective product description presented by the Seller.
The contract shall be concluded in accordance with Section 2 of the Seller's General Terms and Conditions (see above).
Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the General Terms and Conditions of the Seller (see above).
The contract is concluded by offer and acceptance.
If the Customer uses the Seller's online order form for his/her order, he/she submits his/her order as follows:
On the Seller's web page where the range of products is presented, the Customer in the first step clicks the "To shopping bag" button. A new page then opens displaying the contents of the shopping bag.
The Customer in the second step then, or after he/she placed other goods into the virtual shopping bag, clicks on the "Proceed to Checkout" button. Has the Customer not yet been registered or logged in, a new page opens. On this page and as intermediate step, the Customer needs to either register and open a customer account, or login if he/she is already registered as a Customer. If he/she already is a registered Customer, he/she fills in the "Your e-mail address" and "Your password" fields and afterwards clicks the "Secure login" button. If he/she is not yet a registered Customer, he/she enters his/her e-mail address and clicks the button "Register safely". He/she then completes the form and clicks the "Proceed safely" button. A new page then opens, which gives the possibility to specify a different delivery address.
Then the Customer either immediately or after editing or adding addresses clicks the button "Proceed safely".
A new page opens where the Customer in the next step may select the desired payment method by clicking the respective button.
In the next step the Customer clicks the button "Continue safely". A new page then opens which summarizes the order information.
In the last step the Customer clicks on the "Place order" button.
Acceptance by the Seller is effected in accordance with Section 2.3 of the General Terms and Conditions of the Seller (see above).
The contract text is stored by the Seller and sent to the Customer after dispatch of the order in addition to the General Terms and Conditions and Customer Information in writing (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller's website and can be recalled free of charge by the Customer through his/her password protected customer account by entering the respective login information, provided the Customer has created a customer account in the Seller's online shop before dispatching his/her order.
7. Information on the technical Tools for Recognizing and Correcting input Errors Prior to the binding submission of the order, the Customer may continuously correct his/her entries using the standard keyboard and mouse functions. Furthermore, all entries will be displayed once again in a confirmation window prior to the binding submission of the order and may be corrected there using the standard keyboard and mouse functions.
9. Information on Codes of Conducts to which the Seller subscribed The Seller subscribed to the Trusted Shops Quality Standards. These can be viewed at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
Consumers are entitled to the right of revocation according to the following provisions, whereby consumer is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity:
You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within a period of 14 days without stating reasons or - if the goods are delivered to you prior to the end of this period - by returning the goods. This period begins upon receipt of this notification in writing, but not prior to the receipt of the goods by the recipient (in case of recurring delivery of goods of the same kind not prior to the receipt of the first partial delivery) nor before complying with our obligation to provide information pursuant to Article 246 Section 2 in conjunction with Section 1, Subsections 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our obligations under Section 312g, Subsection 1, sentence 1 BGB (German Civil Code) in conjunction with Article 246 Section 3 EGBGB. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be directed at:
navabi GmbH (Logistikzentrum)
Rotter Bruch 17
Fax: +49 (0)241 900533720
In the event of an effective revocation, the received benefits by either party or any profits derived thereof (e.g. interest), shall be returned. Should you be unable to return to us the goods received or benefits derived (e.g. benefits of use) wholly or partly, or only in a deteriorated condition, you shall to this extent provide compensation accordingly. In the event of deterioration of the goods or benefits derived you shall only be obliged to provide compensation if the benefits or the deterioration of the goods was brought about by handling the item in a way that exceeds the examination of the characteristics or the functioning. "Examination of the characteristics and the functioning" is defined as testing and trying out the goods - such as would have been possible and common for you in a retail shop. Goods that may be dispatched as a parcel are to be sent back at our risk. You have to bear the standard return shipping charges if the goods delivered correspond to those ordered and if the price of the returned goods does not exceed an amount of 40 Euros or in case of a higher price of the goods if you have not yet rendered consideration or any partial payment as agreed upon by contract at the time of revocation. Otherwise, returning the goods is free of charge for you. Goods that cannot be shipped as a parcel will be picked up at your premises. Obligations to reimburse payments must be met within 30 days. For you, the period begins upon dispatch of your statement of revocation or the goods, for us, upon reception thereof.