General conditions of sale
Scope
These terms and conditions apply to all purchases made at No Offseason which are made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Contract conclusion
The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded.
About this you will receive an order confirmation by e-mail to the e-mail address you specified.
Prices and shipping costs
The excellent prices are final prices incl. Sales tax. The amount shown in each case at the time of the binding order shall apply. In addition, there are shipping costs that depend on the shipping method and the size and weight of the item(s) you order. You can find out about the details at [Link auf „Versandkosten”] inform The regular costs of the return shipment, which in the case of a return of the goods by you in exercise of your right of revocation arise, we bear. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment
Payment is made upon delivery by means of
– Credit card
– Giropay
– PayPal
Default of payment
If you are in default of payment, No Offseason is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If No Offseason has demonstrably incurred a higher damage caused by delay, No Offseason is entitled to claim this.
Right of retention
The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address specified by the customer, within
– Germany
– Switzerland
– Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or other service permanently impossible, an obligation to perform on the part of No Offseason is excluded. Amounts already paid will be refunded immediately by No Offseason.
(3) No Offseason may also refuse performance if this requires an effort that is grossly disproportionate to the customer’s interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by No Offseason.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. No Offseason explicitly states that these goods are not carried into the house.
Cheap shipping method for return
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods to return the goods. This is the easiest and cheapest shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased cost compared to a less expensive shipping method.
Retention of title
Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of No Offseason. As long as this reservation of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect rights
(1) A product that is already defective upon delivery (warranty case) will be replaced by a defect-free product or repaired professionally (supplementary performance) at the customer’s option and at No Offseason’s expense. It is pointed out to the customer that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
- a) in the event of damage caused to the customer by misuse or improper use,
- b) in the event of damage caused by the products having been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) No Offseason further does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer – the customer’s claim shall be limited to the respective other type of supplementary performance. The right of No Offseason to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at the expense of No Offseason to the return address provided by it, indicating the order number. Before sending the product, the customer must remove any objects inserted by him from the product. No Offseason is not obligated to inspect the product for the installation of such items. No Offseason is not liable for the loss of such items, unless it was readily apparent to No Offseason at the time the product was taken back that such an item had been inserted into the product (in which case No Offseason will inform the customer and hold the item ready for collection by the customer; the customer will bear the costs incurred in doing so). Customer shall also, before sending a Product for repair or replacement, if applicable, make separate backup copies of the system software, applications and all data on the Product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or replacement product is returned to the customer, it is the customer’s responsibility to install the software and data and reactivate the passwords.
(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for any loss or further deterioration of the goods not caused by the defect as well as for the impossibility to return the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the event of a warranty claim,
- a) if the defect entitling to rescission only became apparent during processing or remodeling,
- b) if No Offseason is responsible for the deterioration or loss or if the damage would also have occurred at No Offseason,
- c) if the deterioration or loss has occurred at the customer’s premises, although the customer has exercised the care that he is accustomed to exercising in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the latter, which shall be governed by the relevant warranty conditions.
(9) The legal warranty of No Offseason ends two years from delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In case of slight negligence No Offseason is liable only in case of breach of essential contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. No Offseason is not liable for other damages caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of No Offseason’s fault, No Offseason’s liability remains unaffected in case of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of warranty by No Offseason.
(3) No Offseason is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even if the delivery had been made on time.
(4) Excluded is the personal liability of legal representatives, agents and employees of No Offseason for damages caused by them through slight negligence.
Applicable law
The contract concluded between you and No Offseason shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall not affect the mandatory provisions of the state in which you have your habitual residence.
Jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [seat of the operator of the online store].
Dispute Resolution
General information requirements for alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.
