GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to specific customer specifications
9. Applicable law
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Dimitrios Pechlivanidis & Robin Puzon, trading under "NOBELPFOTE" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If the payment method "PayPal Express" is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that concludes the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this time.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 Personalized items are excluded from the right of withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the "SOFORT" payment method is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," verify their identity during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately thereafter by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.7 If credit card is selected as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, to which the provider assigns its payment claim. BS PAYONE GmbH will debit the invoice amount from the customer's specified credit card account. In the event of assignment, payments can only be made to BS PAYONE GmbH with debt-discharging effect. The credit card will be charged immediately after the customer submits the order in the online shop. Even if credit card payments are selected via BS PAYONE GmbH, the provider remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes.

4.8 If credit card payment is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the customer submits the order in the online shop. Even if credit card payment is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes.

4.9 If you choose to pay by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.

4.10 If the payment method is selected by credit card via Wirecard, payment processing will be carried out by Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/), to which the Seller assigns its payment claim. Wirecard Bank AG will debit the invoice amount from the Customer's specified credit card account. In the event of assignment, payments can only be made to Wirecard Bank AG with debt-discharging effect. The credit card will be charged immediately after the customer submits the order via the Seller's online shop. Even if the payment method is selected by credit card via Wirecard, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and dispatches, or credit notes. Reference is made to the information provided by Wirecard Bank AG pursuant to Article 13 GDPR regarding the processing of credit card payments at https://www.wirecardbank.de/DSGVO.

5) Delivery and shipping conditions

5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the seller's order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory liability for defects shall apply.

7.2 The customer is requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the operator with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the operator, and grant the operator the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible, in particular, for ensuring that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

8.2 The customer indemnifies the seller against any claims asserted by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or violates common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.