Novak M Deutschland GmbH

General Terms and Conditions

1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of orders by our customers (each, a „Customer“) through our online shop https://www.novak-m.com shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract
(1) The presentation and advertisement of products in our Online Shop do not constitute binding offerings.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product, by which the Customer is bound for a period of two (2) weeks after the placing of the order.. The offer will remain open for acceptance by us for this two week period.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) In case the delivery of the products ordered by the Customer is not possible, we will not make a declaration of acceptance of the order. In this case, no contract is concluded. We will inform the Customer thereof immediately and will reimburse payments that we have eventually received.
(5) Any conclusion of a contract by way of an acceptance by us or by dispatching the products is based on the statement by the Consumer that the order by the Customer is based on an order of this Customer and that the products shall be used only in the country to which the products are delivered as specified on the relevant invoice.
(6) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website during the ordering process. Specific Cancellation and return policy information is available at www.novak-m.com (Terms and conditions / Instruction on right to cancellation).
(7) Typically, our products are designed and produced according tot he respective Customer’s needs. For this reason, any Customer who is not a Consumer, shall not be entitled to revoke the offer or return the product.
3. Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form made available in the Online Shop) or shall be paid cash on delivery, in each case upon receipt of an invoice.
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within 20 business days upon the date of the invoice.
(4) We reserve the right to charge interest to the outstanding balance at the rate of 1.5 % per month or the highest interest rate permitted by law (the smaller of the two shall apply); interest are incurred from the date the payment falls due. The Customer agrees to settle any and all attorney costs and fees, which are incurred by us in connection with the exercise of our rights in terms of the products ordered by and delivered to the Customer.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. Date of Dispatch of the Product, Sell off, Partial Delivery
(1) Any period for the dispatch of the product, specified by us at the time of the order or as otherwise mutually agreed upon, shall begin (a) upon receipt by us of the full purchase price (including VAT and shipping costs) if payment in advance has been agreed (b) upon conclusion of the sales contract if cash on delivery or payment after delivery has been agreed upon. The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(2) Any time period for the dispatch of the product specified by us shall be only approximate and may therefore be exceeded by up to five business days, except if a fixed date of dispatch has been agreed upon. Unless a time period or date of dispatch has been specified or agreed upon, we shall be required to dispatch the product within a period of (five) business days.
(3) Regardless of whether any product is indicated on the order form as „in stock“, we may sell such product at any time, provided that an agreed advance payment is not received by us within a period of (five) business days upon our acceptance of the order. In such case, we shall only be obligated to dispatch the product within the relevant time period (as agreed upon or specified by us) as long as stock lasts; otherwise, a three-week period shall apply.
(4) If the Customer has purchased, through the same order, several products that can be used separately, we may dispatch those products in separate deliveries, provided that we shall bear any additional shipping costs. The Customer’s statutory rights in relation to the timely and proper delivery shall not be affected thereby.
5. Type and Time of Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit time (i. e. the time between the delivery by us to the carrier and the delivery to the Customer) specified by us shall therefore only be non-binding. Notwithstanding the foregoing, if, we have agreed to carry out any assembly or installation work, we shall timely complete such work and deliver the product to the Customer at the place and time that has been contractually agreed upon.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, if our obligation is limited to the dispatch of the product, such risk shall pass to the Customer upon delivery of the product by us to the carrier. If, how­ever, we have agreed to carry out any assembly or installation work at the customer’s place, the risk shall not pass to the customer until completion of such work and delivery to the customer.
(4) We shall insure the product against the usual risks of transportation at our cost and expense.
6. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to transfer title to any products delivered by us which are under retention of title (“Retained Goods“), except with our prior written consent. The Customer may, however, dispose of its legal position (so called expectant) right in relation to the Retained Goods, provided that the third party is made aware of our title rights.
(3) The Customer shall treat the Retained Goods with due care.
(4) In the event that any third party, in particular in connection with any enforcement, seeks to take control of the Retained Goods, the Customer shall make aware the third party of our title right and shall without undue delay notify us in order to enable us to enforce our rights.
(4) In case of a payment default by the Customer, we may require the Customer to surrender the Retained Goods to us, as soon as we have terminated the contract.
7. Warranty and limited Guarantee
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect.
(2) If remediation pursuant to subsection 1 fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accord­ance with applicable law; provided, how­ever, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of (five) business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
(5) Besides the statutory warranty, we give the following limited warranty to the Customer:
The warranty information that apply for the products specified in the invoice, are written on the price list and in every agreement concerning these products, and will be made available by us upon request. Within the period of 24 (twenty-four) months as of the invoice date, we will repair or replace spare parts or optional components in which we establish a defect in the materials or workmanship. We shall not be held liable for any failures that arise due to normal wear and tear, unauthorized modifications, accidents, negligence, use of non-standard additional equipment and/or inappropriate maintenance works by the client, and we make no commitment in this respect. We shall check neither the safety nor the efficiency of any components that do not come from us or spare parts that do not come from us which were supplied upon Purchaser’s request, or any components or products which are designed to be used exclusively by their manufacturer, and assumes no warranty either implicit or explicit in connection with such components or spare parts or products. The warranty expires if no preventive maintenance measures are carried out. We shall not be accountable for any incidents that refer to parts built into the equipment that do not come from us. THIS LIMITED WARRANTY CONTAINS EXCLUSIVE WARRANTIES AND LEGAL REMEDIES BY THE PURCHASER. Specific warranty information is available at www.novak-m.com (Terms and conditions / Warranty).
8. Liability
(1) Our liability for late delivery shall, except in cases of willful misconduct or gross negligence, be limited to an amount equal to 3 % of the aggregate purchase price (including VAT).
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence.
(3) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
9. Data Protection
We may save and process any data relating to the relevant orders only to the extent permitted under applicable law. Details are set out in the Privacy policy available on our website.
11. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. If the Customer is a Consumer and has his or her habitual residence in another country, the Customer shall, however, continue to have the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law applicable in the state of the Customer’s habitual residence.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts at the seat of Novak M GmbH, Sinsheim shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
(3) Dispute Resolution: The EU Commission has created an internet platform for the online dispute resolution of disputes. This platform serves as contact base for the extrajudicial resolution of disputes resulting from contractual duties established by online purchase agreements. Further information can be obtained on http://ec.europa.eu/consumers/odr. We are neither willing, not obliged to participate in dispute resolution proceedings in front of a Consumer Dispute Resolution body.

Instruction on right to cancellation

1. Right to cancellation
You have the right to cancel your order without giving any reason within 14 days.
The right to cancellation does not exist for distance selling contracts for products that have been produced according to the Customer’s specification or products that are specifically shaped for the personal needs of the Customer or such products that are not suitable to be returned due to their nature.
The deadline of 14 days for the cancellation starts to run 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the products purchased.
In order to exercise your right to cancellation you must inform us
Novak M Deutschland GmbH,
Kleines Feldlein 4
DE -74889 Sinsheim
T: +49 7261 663 2101
E: info@novak-m.de
By a clear declaration (e.g. a letter sent by mail, or email) of your decision to cancel your order.
To meet the cancellation deadline, it is sufficient for you to send your communication on the exercise of the right to cancellation before the cancellation period has expired.
2. Effects of cancellation
If you cancel your order, we will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges (except for additional costs that might result from the fact that you have chosen a different type of delivery than the standard type of delivery offered by us). This reimbursement will be made without undue delay and by no later than 14 days from the day on which we received your communication on the cancellation of this order. For such reimbursement we will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Note that you must send back the goods to us without undue delay and in any case by no later than 14 days from the day on which you communicate to us your cancellation of this. To meet the deadline, it is sufficient for you to send the goods before the period of 14 days has expired.
You have to bear the direct costs for sending the goods.
You will only have to pay compensation for any deterioration of the goods if the value of the goods diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

Novak M Swiss GmbH

General Terms and Conditions

1. General Terms and Conditions
(1) The general terms and conditions that are devised exclusively for the business relationship between Novak M Swiss GmbH (hereinafter referred to as: Novak M) and its clients (hereinafter referred to as: “the Purchaser”), constitute the contractual basis for the Parties (hereinafter referred to as: “the Parties”) and apply for all transactions between the Parties, provided no other written agreement is made. Any deviating or additional general terms and conditions or provisions by the Purchaser are to be contradicted; they shall only apply upon a written consent by Novak M.
(2) This sale is carried out in confidence based on the statement by the Purchaser that the purchase order by the Purchaser is based on an order placed by the client and that the products shall be used only in the country to which the products are delivered as specified on the relevant invoice.
(3) The invoice includes the complete and final agreement between Novak M and the Purchaser with regard to the transaction, and the terms and conditions specified in the invoice replace all prior declarations of agreement and/or provisions and/or conditions, which are specified in any confirmation or purchase order or in any other document provided by the Purchaser of Novak M.
(4) The payment term for the sum total is twenty (20) days as of the invoice date, unless agreed otherwise in writing.
(5) Novak M reserves the right to charge interest to the outstanding balance at the rate of 1.5 % per month or the highest interest rate permitted by law (the smaller of the two shall apply); interest are incurred from the date the payment falls due. The Purchaser agrees to settle any and all attorney costs and fees, which are incurred to Novak M in connection with the exercise of its rights in terms of the products ordered by and delivered to the Purchaser.
(6) In absence of any other written agreement by the Parties, the delivery shall be made DDP (delivered duty paid). The risk is transferred to the Purchaser as soon as the product is handed over to the freight forwarder.
(7) Novak M retains title to all products until receiving full payment of the purchase price for the product, including any additional costs and expenditures. To the extent, in which the Purchaser defaults, Novak M is allowed to take back all or a part of products to which Novak M retains title to, to sell them or treat them in any other way or to dispose of them.
(8) Taking back of the delivered products is only possible upon prior written consent and in accordance with the conditions of Novak M. The goods to be sent back must be in a saleable condition. Shipment costs for all returns must be paid in advance. Returns are subject to a stockpiling fee of thirty (30) percent. Products that were kept for over 1 (one) month as of the delivery date cannot be returned. Obsolete products cannot be sent back. Before sending back products, get in touch with our customer service by phone: +41 71 440 18 18 or e-mail (info@novak-m.ch).
(9) Damaged or defective deliveries shall be recorded as such at the time of the delivery on the delivery note. If damage is ascertained only after the opening, the freight forward company must be informed thereof within 5 (five) business days and a Concealed Damage Inspection shall be requested. Notify the customer service of Novak M within 10 (ten) business days as of the receipt of the goods, of the ascertainment of damage, defective deliveries or incorrect deliveries in order to receive further support.
Hidden defects shall be communicated immediately after having been discovered.
2. Limited warranty
The warranty information that apply for the products specified in the invoice, are written on the price list and in every agreement concerning these products, and must be made available by Novak M upon request. Within the period of 24 (twenty-four) months as of the invoice date, Novak M shall repair or replace spare parts or optional components in which Novak M establishes a defect in the materials or workmanship. Novak M shall not be held liable for any failures that arise due to normal wear and tear, unauthorised modifications, accidents, negligence, use of non-standard additional equipment and/or inappropriate maintenance works by the client, and makes no commitment in this respect. Novak M shall check neither the safety nor the efficiency of any components that do not come from Novak M or spare parts that do not come from Novak M which were supplied upon Purchaser’s request, or any components or products which are designed to be used exclusively by their manufacturer, and assumes no warranty either implicit or explicit in connection with such components or spare parts or products. The warranty expires if no preventive maintenance measures are carried out. Novak M shall not be accountable for any incidents that refer to parts built into the equipment that do not come from Novak M. THIS LIMITED WARRANTY CONTAINS EXCLUSIVE WARRANTIES AND LEGAL REMEDIES BY THE PURCHASER. Specific warranty information is available at www.novak-m.com.
3. Limited liability
To the extent permitted by law, the exclusive remedy of the Purchaser concerning any claim arising from the agreement, from an unlawful act, from a breach of a statutory provision, the warranty provisions or otherwise shall be limited to the exclusive reimbursement of the purchase price or exchange of all products for which it was proven that they fail to meet warranty promises. Novak M does assume liability for losses that do not affect the product (e.g. indirect damage, incidental losses, consequential losses or losses due to delay). If the limitations set out above are not permissible pursuant to the applicable law, the statutory liability limitation shall apply according to the law or otherwise, if applicable.
4. Privacy protection
Novak M collects, if necessary, (1) personally identifiable information, which the Purchaser forwards to Novak M knowingly, and (2) general information concerning the user or the use of products excluding personally identifiable information.
The personal information gathered by Novak M can be forwarded to affiliated companies of Novak M, which are part of the worldwide organisation Novak M, if this is necessary to fulfil the purpose you intended when transmitting the information. By transmitting personal data to Novak M, you expressly declare that you agree with the worldwide forwarding of this personal information and the application of these data by Novak M and by companies associated with Novak M according to the provisions issued by Novak M or companies associated with Novak M to protect privacy.
Without the prior consent by the Purchaser, Novak M shall not pass on personal data of the Purchaser to any third parties, unless prescribed by law.
Novak M can gather overall statistics about clients, turnover and products and disclose them to third parties of Novak M, however such statistics does not contain any information about the Purchaser and/or end user of the Purchaser, which would make clear the identity of the Purchaser and/or the end user.
5. Applicable law
These terms and conditions are subject to Swiss law regardless of the principles of private international law, and shall be construed and implemented in accordance with this law.
The terms and conditions published on the website of Novak M (www.novak-m.com) at the time of the sale are the official terms and conditions that are binding upon Novak M and the Purchaser, and can be changed from time to time at the discretion of Novak M without notification.