Terms and conditions
GENERAL TERMS AND CONDITIONS (GTC) / CANCELLATION POLICY (see § 8 GTC)
§ 1 Area of application
(1) The following terms and conditions constitute an integral part of each contract between the Nova Nutria d.o.o. ,Takovska 46 , 11000 Beograd, represented by its management board: Dragan Manzano Vela , chairperson of the supervisory board: Wolfgang E. Ruprecht, located thereat (hereinafter: Nova Nutria d.o.o.) and the customer.
(2) Therefore, the Nova Nutria d.o.o., Takovska, 11000 Beograd shall be regarded as the contracting party. The Nova Nutria d.o.o. , Takovska 46, 11000 Beograd, represented by its management board: Dragan Manzano Vela (chairperson), chairperson of the supervisory board: Wolfgang Ernst Ruprecht, located thereat is responsible for logistic processing and shipment.
(3) Nova Nutria renders its services based solely on these terms and conditions.
§ 2 Conclusion of contract
(1) The presentation of goods, in particular on the Internet, does not represent a binding offer by the Nova Nutria d.o.o. .
(2) A contract is not concluded until the Nova Nutria d.o.o. has issued an order confirmation in the writing.
§ 3 Data protection
In regard to data protection, the privacy policy of the Nova Nutria d.o.o. applies.
§ 4 Terms of delivery
(1) Unless otherwise stipulated, delivery shall be effected ex warehouse.
(2) Should additional delivery charges accrue for the Nova Nutria d.o.o. due to the indication of an incorrect delivery address or an incorrect addressee, these charges shall be compensated for by the customer unless he/she is not responsible for the incorrect information.
§ 5 Terms of payment
(1) The purchase price is immediately due with the conclusion of the contract.
(2) All prices are retail prices including the statutory value added tax.
(3) All delivery charges, in particular packaging, freight charges, transport insurance and deliveries shall be effected at the expense of the customer unless otherwise separately stipulated. All prices and auxiliary costs shall be calculated according to the price lists at Nova Nutria at the time of provision and the assignment of shipment.
(4) In the case of default in payment, the customer shall be obligated to pay default interest amounting to 5 % above the base rate to the Nova Nutria International AG should he/she be a consumer (§ 13 German Civil Code). Should the customer be an entrepreneur (§ 14 German Civil Code), § 5 subsection 5 s1 applies with the proviso that the default interest amounts to 8 % above the base rate.
(5) Independent of § 5 subsection 5, the Nova Nutria International AG shall have the right to prove evidence of a higher default loss rate as well as other losses.
(6) The customer shall only be entitled to set off counterclaims to the extent as such are undisputed or legally established.
§ 6 Retention of title
The supplied goods shall remain the property of the Nova Nutria d.o.o. until paid for in full.
§ 7 Warranty
(1) In regard to the warranty, the legal regulations shall apply unless otherwise stipulated in
§ 7 subsection 2 to 4.
(2) The statutory limitation for claims for warranties for defects shall amount to 24 months and commences with the delivery of the object of purchase. Should the customer be an entrepreneur (§ 14 German Civil Code), the time limit amounts to 12 months as of delivery of the object of purchase.
(3) The legal provisions and the duty to inspect the delivered goods and give notice of any defects according to the German Commercial Code apply for merchants.
§ 8 Cancellation policy
Right of cancellation
You can cancel your contractual declaration in the written form (e.g. letter, fax, email) within one month without stating any reasons or – should you have received the merchandise before expiry of the time limit – by returning the merchandise. The time limit shall commence with the receipt of this policy in the written form however, not before the recipient has received the merchandise (in the event of the recurring delivery of similar merchandise not before the receipt of the first partial delivery) and also not before the fulfillment of our duties to supply information according to § 312c subsection 2 German Civil Code in conjunction with § 1 subsections 1, 2 and 4 Duty to Supply Information Ordinance of the German Civil Code) as well as our obligations according to § 312e subsection 1 sentence 1 German Civil Code in conjunction with § 3 Duty to Supply Information Ordinance of the German Civil Code. The punctual dispatch of the cancellation notice or the merchandise suffices for ensuring the cancellation time limit.
The cancellation is to be sent to:
Nova Nutria d.o.o
Takovska 46
11000 Belgrade
Fax.: +381 (0) 11 2074 810
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cancellation consequences
In the case of an effective cancellation the mutually rendered services shall be returned and if applicable, profits which were made (e.g. interest) released. Should you not be able to return the rendered service neither completely nor partially or only in a declined condition, you shall render value replacement in this respect if applicable. This does not apply in the case of surrendered merchandise if the decline of the merchandise can be solely attributed to its examination – as it would have been possible in a store. You do not have to render value replacement for a decline of condition resulting from the intended use of the merchandise. Package-transportable merchandise shall to be returned at our risk. You must bear the costs for return shipment if the delivered merchandise corresponds to the merchandise ordered and if the price of the merchandise which is being returned does not exceed 40 Euros or if in the case of a higher price of the merchandise, you have not yet rendered the service in return or a contractually stipulated partial payment at the time of cancellation. Otherwise the return shipment is free of charge. Merchandise which is not package-transportable will be picked up. Obligations for the reimbursement of payments must be fulfilled within 30 days. The time limit commences for you with the dispatch of your notice of cancellation or the merchandise, for us with its receipt.
End of the cancellation policy
§ 9 Assumption of costs agreement
Should you exercise your right of cancellation, you shall bear the regular costs for the return shipment should the delivered merchandise correspond to the merchandise ordered and should the price of the merchandise to be returned not exceed an amount of 40 Euros or should the merchandise have a higher price, you have not yet rendered the service in return or a contractually stipulated partial payment at the time of cancellation. Otherwise the return shipment shall be free of charge.
§ 10 Limitation of liability
(1) With the exception of damages which relate to health effects, human injury or loss of life and the breach of fundamental contractual obligations (delivery and transfer of ownership), the Nova Nutria d.o.o. shall only be liable for damages which can be attributed to intentional or grossly negligent conduct. This shall also apply for indirect consequential damages, in particular such as loss of profit.
(2) With the exception of intentional or grossly negligent conduct or of damages which relate to health effects, human injury or loss of life and the breach of fundamental contractual obligations (delivery and transfer of ownership), liability shall be limited to typically foreseeable damages at the time of contract conclusion and furthermore, the degree of liability shall be limited to average damage as per standard contract provisions. This shall also apply for indirect consequential damages, in particular such as loss of profit.
(3) The limitation of liability in subsections 1 and 2 shall also apply correspondingly in favour of employees and vicarious agents of the Nova Nutria d.o.o. .
(4) Liability claims based on the Product Liability Act shall remain unaffected.
§ 11 Final provisions
(1) The laws of the Federal Republic of Germany excluding the CISG (UN Convention on Contracts for the International Sale of Goods) shall apply. Mandatory provisions of the country in which the customer has his/her habitual residence shall remain unaffected.
(2) Provided that the customer is a merchant, a corporate body under public law or special fund under public law or does not have a general jurisdiction in Germany or takes up residency abroad after contract conclusion or his/her residency is unknown at the time of filing of action, the jurisdiction shall be the domicile of the Nova Nutria d.o.o..
GTC updated: 10/07/2009
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Terms and conditions
