§ 1 GENERAL INFORMATION, SCOPE OF THE GBC
1.1 The contractual partner is NOMOS Glashütte/SA Roland Schwertner KG, Ferdinand-Adolph-Lange-Platz 2, D-01768 Glashütte, Phone +49 35053 404 960 Fax +49 35053 404 965, email: service(a)nomos-store.com, Managing Partner: Uwe Ahrendt (personally liable), Commercial Register: Dresden District Court HRA 2931, Value Added Tax Identification Number according to § 27a German Value Added Tax Act: DE 188372489 (hereinafter "NOMOS Glashütte").
1.2 All deliveries and services are provided exclusively on basis of the following GTC in the applicable version at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply.
1.3 Customers according to these GTC are both consumers and entrepreneurs. Consumers are natural persons who conclude contracts for a purpose that cannot be predominantly attributed to their commercial or professional activity. Entrepreneurs are natural or legal entities or partnerships with legal capacity who, when concluding a contract with NOMOS Glashütte, act in the exercise of their commercial or self-employed professional activity.
§ 2 CONTRACT CONCLUSION, REALIZATION OF THE CONTRACT
2.1 You can order by telephone, by fax, or from our online shop. Our offer is binding. With your order, you accept our offer to conclude a contract. The contract is concluded with your dispatch of your order to us. You will receive the order confirmation by email, fax, or post.
2.2. This is how you order in our online shop:
- Once you have found the desired product, you can take a closer look at it without any purchase obligation by clicking on the product name or the product picture. If you like, you may also create a text for an engraving.
- By clicking the button [Add to bag] you can add the article to the shopping cart. You can view the contents of your shopping cart at any time by clicking on the shopping bag symbol without purchase obligation. You can delete the products from the shopping cart by clicking on the graphic [X Remove] or by changing the quantity.
- Here you also have the opportunity to redeem a voucher: first confirm the checkbox "I have a voucher". Then enter your voucher code in the [Enter Code] field and click the [Redeem] button. The corresponding amount will be credited directly to your shopping cart.
- If you want to buy the products in the shopping cart, click on the button [Proceed to checkout] on the page "Your bag". In the further course of the order process you optionally set up a NOMOS customer account, enter your order data, continue the order as a guest or you log in directly into your NOMOS customer account.
- Then select the desired payment method.
- In the last step you will get an overview of your order data under "3. Confirmation" and you can check all data again and change them via [Edit>]. You can also correct input errors by navigating backwards in the browser or canceling the order process and re-starting it.
- To complete your purchase, you must accept our General Terms and Conditions and click on the button [buy now]. This will place the order with us.
§ 3 STORAGE OF THE CONTRACT TEXT
We store your order, the entered order data and the entire text of the contract. We will send you an order confirmation by e-mail with all order data and the complete contract text. This confirmation of receipt also constitutes our order confirmation which confirms the contract. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. Finally, you have access to the orders you have placed at any time via your NOMOS customer account, if created.
§ 4 CONSUMER RIGHT TO CANCEL
The following right to cancel applies for consumers only:
Right of cancellation
You have the right to cancel this agreement, no questions asked, within 14 days.
The cancellation period is 14 days from the date on which you or a third party designated by you who is not the carrier took possession of the goods.
To exercise your right to cancel, you must notify us (NOMOS Glashütte/SA Roland Schwertner KG, Ferdinand-Adolph-Lange-Platz 2, 01768 Glashütte, Tel. +49 35053 404 960, email: service(a)nomos-store.com) with a clear statement (e.g., letter by postal service, fax or email) of your decision to cancel the agreement. You may use the attached template cancellation form if you wish, but it is not required.
Your cancellation will be considered to be within the cancellation period so long as your notice to exercise your right to cancel was sent before the expiration of the cancellation period.
Consequences of cancellation
If you cancel this agreement, we are required to return to you any payments that we have received from you, including delivery charges (with the exception of any extra costs resulting from your choice of a method of delivery other than the standard delivery offered by us), promptly and within fourteen days of the date on which the notice concerning your cancellation of this agreement was received by us. We will use the same manner of payment for this reimbursement as you used for the original transaction unless we have made explicit agreement with you to the contrary; under no circumstances will you be charged for this reimbursement. We have the right to refuse to make reimbursement until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods promptly and in any case within 14 days after the date on which you notify us of your cancellation of this agreement. You will be considered within the deadline so long as you have sent the goods before the fourteen days have elapsed. We will bear the costs for the return of the goods.
You will only be responsible for any reduction in the value of the goods if this reduction in value can be attributed to any handling not necessary for inspecting its condition, features, and operability.
No right of cancellation will be honored in the case of distance sales agreements for the delivery of goods that are not prefabricated and whose production included a personalized selection or specification by the consumer or that is uniquely customized to the personal requirements of the consumer (for example, specially ordered custom engraving).
§ 5 TEMPLATE CANCELLATION FORM
(If you wish to cancel the agreement, please complete this form and return it to us.)
Roland Schwertner KG
I/we (*) hereby cancel the agreement concluded by me/us (*) for the purchase
of the following goods (*)/of the following services (*)
Signature of consumer(s) (only for notification by paper copy)
(*) cross out items that do not apply.
§ 6 PRICES
All prices include value-added tax, shipping costs as well as any customs duties, and all other price components where applicable. We deliver free of charge via the DHL or another shipping service of our choice.
For U.S. customers: Some localities in the United States may collect a use tax from individuals for goods or services purchased online from other states or countries. To find out if this might apply to you, consult your local tax authority.
§ 7 TERMS OF PAYMENT
7.1 Payment can be made by prepayment, purchase on account, credit card (Master Card or Visa), Splitit (payment in installments by credit card), PayPal or "Sofort" (formerly "Sofortüberweisung").
7.2 If you choose the method of prepayment, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days.
7.3 If paying by purchase on account, credit card, PayPal or "Sofort," you will be redirected directly from the order process to the respective payment page to make the payment. Your account is charged once the order is placed.
7.4 If you choose Splitit (payment in installments by credit card) as the payment method, you will be redirected from the order process to the website of the provider, Splitit, 27 East 28th St., New York, NY 10016, USA. You can enter your credit card details and choose your preferred payment period there. The total sum will then be reserved on your credit card. When due, the monthly installments will be automatically charged to your credit card and the reserved sum will reduce accordingly.
7.5 Payment for purchases on account, by credit card (Master Card or Visa), Splitit (payment in installments by credit card), PayPal or "Sofort" is processed by our external payment processor Unzer E-Com GmbH, Vangerowstraße 18, 69115 Heidelberg ("Unzer"). The data required for processing the payment (first and last name, street, house number, postcode, city, telephone number and the specified payment data), as well as information in connection with the order, will be passed on to Unzer.
For further information on the service provider's data protection policy, please refer to Unzer's data protection declaration at: https://www.unzer.com/en, https://www.unzer.com/en/datenschutz.
7.6 When purchasing on account, we assign our claim against you to Unzer, i.e. in this case you can only pay to Unzer with debt-discharging effect. However, we are still responsible for general customer inquiries (e.g. regarding goods, delivery time, dispatch), returns, complaints, declarations and returns or credit notes, even in the case of payment processing via Unzer.
§ 8 DELIVERY CONDITIONS
8.1 We deliver solely within Germany and to the following countries: Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hong Kong SAR China, Hungary, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxemburg, Malaysia, Malta, Monaco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Qatar, Romania, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, Spain, Saint-Martin, Sint Maarten, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States.
8.2 Unless otherwise stated in the offer, the goods will be delivered within 2-5 days after your transfer order reached your bank. Otherwise, delivery will take place within 2-5 days after conclusion of the contract.
§ 9 WARRANTY AND LIABILITY
The warranty is made in accordance with the legal stipulations.
§ 10 CUSTOMER SERVICE
If you have questions, complaints, or claims, please contact us. We can be reached by telephone (+49 35053 404 961) Monday to Friday from 9:00 to 18:00 or by email at service(a)nomos-store.com.
§ 11 Gift Cards
11.1 Our Gift Cards can be redeemed online at nomos-glashuette.com, as well as at the NOMOS Flagship Store (NOMOS Kaufhaus, Hauptstr. 12, 01768 Glashütte, Germany). You can use them to purchase any item sold on our official website or at the NOMOS Flagship Store.
11.2 NOMOS Gift Cards contain a code that must be provided at the time the Gift Card is to be redeemed. Once the code has been used, the Gift Card has been redeemed and the code is no longer valid. The Gift Card and its code should be kept in a safe place and protected against unauthorized access. Replacement Gift Cards cannot be issued in the event that they are lost or redeemed by unauthorized third parties. Gift Cards are fully transferable to third parties.
11.3 Gift Cards will be sent by post to the customer at the address they specify.
11.4 Gift Cards are valid for 3 years from the end of the year in which the Gift Card was purchased.
§ 12 APPLICABLE LAW, PLACE OF JURISDICTION, INFORMATION REGARDING THE LAW ON ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (VSBG)
12.1 German law applies, to the exclusion of the UN trade law. When in doubt in cases of dispute about the meaning and interpretation of the English version of these General Business Conditions, the German formulation shall be authoritative.
12.2 With customers who conclude the contract for a purpose that cannot be regarded as professional or commercial (consumers), this choice of legal system does not preempt the binding provisions of the law of the state in which the customer has his habitual residence.
12.3 For all disputes resulting from the contractual relationship, if the ordering party is a merchant, a juristic person under public law, or a special fund under public law, then the place of jurisdiction is 01768 Glashütte.
12.4 Please note that we are neither required nor prepared to make use of an alternative dispute procedure or arbitration.
§ 13 MISCELLANEOUS
13.1 The contract languages are German and English.
13.2 Should one or more provisions of the General Business Conditions be invalid, this shall have no effect on the remainder of the contract. Where the provisions are invalid, the content of the contract is ruled by the statutory provisions.
Version: June 2019