Terms of service

General Terms and Conditions of Sale

Scope

These terms and conditions apply to all purchases made by private customers from No Offseason.

Private customers in this context are individuals with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them cannot be attributed to their commercial or independent professional activities.

Conclusion of Contract

The presentation of our products and the option to place an order constitute a binding offer from our side to conclude a purchase agreement.

By placing your order, you accept the offer and the purchase contract is concluded. You will receive an order confirmation by email to the address you provided.

Prices and Shipping Costs

All prices displayed are final prices including VAT. The amount indicated at the time of the binding order applies. Additional shipping costs may apply, depending on the shipping method and the size and weight of the goods ordered. You can find more details under [link to “Shipping Costs”]. We bear the regular cost of return shipping if you exercise your right of withdrawal. We will also reimburse your original shipping costs in case of a valid return.

Payment

Payment upon delivery can be made by:

 

• Credit card

• Giropay

• PayPal

 

Payment Default

If you fall into arrears with payment, No Offseason is entitled to charge default interest at a rate of 5 percentage points above the base rate published by the Deutsche Bundesbank at the time of the order. If No Offseason incurs greater damage due to the delay, it is entitled to claim this.

Right of Retention

The customer is only entitled to assert a right of retention insofar as their counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address provided by the customer within:

– Germany

– Switzerland

– Europe

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, No Offseason is released from its obligation to perform. Any payments already made will be refunded without delay.

(3) No Offseason may also refuse performance if it requires an effort that, considering the content of the contract and principles of good faith, is grossly disproportionate to the customer’s interest in the performance. Payments already made will be refunded.

(4) Bulky goods (packages larger than 1 sqm) are usually delivered by freight forwarder. No Offseason explicitly points out that such goods are not carried into the house.

Return Shipping – Cost-effective Method

(1) Please use the original packaging for returning the goods and accessories, if possible, even if it was damaged during initial opening for inspection.

(2) Please use the fully prepaid and addressed return label included with the delivery. This is the simplest and most cost-effective return method. You are not obligated to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be required to cover the excess cost.

Retention of Title

Until full payment of all claims arising from the purchase contract is received, the goods remain the property of No Offseason. As long as this retention of title applies, the customer may not resell or otherwise dispose of the goods, and must not grant any third party contractual usage rights.

Warranty Rights

(1) If the product is defective at the time of delivery (warranty case), No Offseason will either replace it or repair it at its own cost, at the customer’s discretion. No warranty case exists if the product had the agreed condition at the time of risk transfer. In particular, no warranty applies in the following cases:

a) Damage caused by misuse or improper handling by the customer

b) Damage due to external influences at the customer’s location (e.g. extreme temperatures, moisture, abnormal physical or electrical stress, voltage fluctuations, lightning, static electricity, fire)

(2) No warranty is provided for damage caused by unauthorized repair attempts by service providers not approved by the manufacturer.

(3) If the chosen form of supplementary performance (replacement or repair) entails unreasonable effort in relation to the product price and the customer’s interest in performance, the customer’s claim is limited to the other type of remedy. No Offseason also reserves the right to refuse this alternative remedy under the same condition.

(4) The customer is required to return the product for repair or replacement at No Offseason’s cost to the specified return address, including the order number. Any personal items must be removed before shipping. No Offseason is not liable for such items unless clearly identifiable as included during return. The customer must back up data and deactivate passwords prior to shipping. No liability is assumed for data loss. After return, the customer is responsible for restoring data and reactivating software.

(5) If the customer has used the product in a defect-free state before returning it, the value of use may be charged. Any non-defect-related damage or inability to return the product must be compensated unless resulting from lawful use. Compensation is not required if:

a) the defect only appeared after processing or transformation

b) the deterioration or loss is attributable to No Offseason

c) the customer exercised the necessary care expected in their own affairs

(6) The customer’s liability for breaching return obligations is governed by applicable laws.

(7) If the repair or replacement does not lead to a contract-compliant condition within a reasonable time, the customer may withdraw from the contract or reduce the purchase price.

(8) Additional manufacturer warranties may apply and are governed by their respective terms.

(9) The statutory warranty period is two years from the date of delivery.

Liability

(1) No Offseason is only liable for minor negligence in the breach of essential contractual obligations and only for foreseeable damages. This limitation does not apply to injury to life, body, or health. No liability is accepted for other damages caused by minor negligence.

(2) Liability remains unaffected for fraudulently concealed defects or the assumption of a guarantee. Manufacturer guarantees are separate and not assumed by No Offseason.

(3) No Offseason is liable for delivery impossibility caused by chance during delay unless the damage would have occurred even with timely delivery.

(4) Personal liability of legal representatives, agents, and employees of No Offseason is excluded for damages caused by minor negligence.

Applicable Law

Contracts between you and No Offseason are subject exclusively to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection laws of your country of residence remain unaffected.

Place of Jurisdiction

If you do not reside in Germany or relocate abroad after contract conclusion or your place of residence is unknown at the time of legal action, the place of jurisdiction is the registered office of the online store operator.

Dispute Resolution

General duty to inform in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides an online dispute resolution (ODR) platform at: http://ec.europa.eu/consumers/odr/

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final Provisions

(1) If any provision of this contract is wholly or partially invalid, the remainder of the contract remains valid, unless this would unreasonably disadvantage one of the parties.

(2) Amendments or additions to this contract must be made in writing.