General Terms and Conditions (AGB)


Table of contents
§1 Scope of application
§2 Conclusion of contract
§3 Prices and payment conditions
§4 Shipment and delivery rights
§5 Reservation of proprietary rights
§6 Right of revocation
§7 Warranty
§7 Liability
§8 Exemption in case of violation of third-party rights
§9 Applicable Law
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§1 Scope of application

These following terms and conditions shall apply to all contracts concluded between a consumer and us relating to all goods and/or services presented in the online shop http://www.naxury.com. The inclusion of the consumers own conditions is herewith objected to, unless other terms have been stipulated. A consumer pursuant to these general terms and conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. (§ 13 BGB)

§2 Conclusion of contract

(1) The following terms of contract shall apply for all orders on our online shop http://www.naxury.com.

(2) The contract is concluded with:

Naxury I Frankfurt I Germany
Simon Wegmann
Hansteinstr. 10
D-60318 Frankfurt am Main
Germany

(3) The product descriptions in our online shop do not constitute binding offers on our part, but merely serve the purpose of submitting a binding offer by the consumer.

(4) The consumer may submit the offer by the online order form integrated into our online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the consumer submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

(5) The consumer can correct all the data entered via the usual browser, keyboard and mouse functions prior to submitting his binding order via our online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual browser, keyboard and mouse functions.

(6) After successfully submitting the offer we will confirm the consumers order with an automatically generated confirmation E-Mail and thereby accept the consumers offer.

(7) Order processing and contacting usually takes place via e-mail and automated order processing. It is the consumer’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by us can be received at this address. Particularly, it is the consumer’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by us or by third parties commissioned by us with the order processing can be delivered.

§3 Prices and payment conditions

(1) Unless otherwise stated in the product descriptions, prices indicated are total prices. In our current form of business we are exempt from value-added tax pursuant to §19 Value Added Tax Act. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

(2) Payment can be made using PayPal or Creditcard (Visa, Mastercard, American Express).

(3) If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

(4) When choosing the payment method „PayPal” , the handling of payments is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This would require, among other things that the consumer has opened a PayPal account or he already has such an account.

(5) In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which we are not responsible and which have to be borne by the consumer. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

§4 Shipment and delivery rights

(1) Goods are generally delivered on dispatch route and to the delivery address indicated by the consumer, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in our order processing is decisive. However, in case the consumer selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.

(2) If not otherwise stated in the product description, all goods are in stock and ready for shipment. We shall ship the consumer’s goods within two days, starting with the day after receipt of payment. For more information regarding shipping please see "Delivery".

(3) Should the assigned transport company return the goods to us, because delivery to the consumer was not possible, the consumer bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the consumer’s control or if he has been temporarily impeded to receive the offered service, unless we have notified the consumer for a reasonable time in advance about the service.

(4) The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the consumer upon delivery of the goods to the consumer or to an authorized recipient. Deviating from this the risk of the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the consumer upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the consumer has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by us.

(5) We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. We shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods we shall immediately inform the consumer and grant him immediate counter performance.

§5 Reservation of proprietary rights

We retain title of ownership to the delivered goods until the purchase price owed by the consumer has been paid in full.

§6 Right of revocation

(1) Consumers are entitled to the right of revocation.

(2) Detailed information about the right of revocation is provided in our “Revocation instructions”.

(3) The right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

§7 Warranty

Should the object of purchase be deficient, statutory provisions shall apply. Deviating hereof, the following shall apply:

(1) For consumers the limitation period regarding warranty claims for used goods shall be one year from delivery of goods to the consumer with the restriction of the following section.

(2) The aforementioned limitations of liability and the restrictions of limitation periods do not apply

  • for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the buildings defectiveness,
  • for damages resulting from intentional or grossly negligent violation of our duties or the intentional or grossly negligent violation of duties by the legal representative or the vicarious agent of the user,
  • if we have fraudulently concealed the defect

(3) The forwarding agent has to be immediately notified of any obvious transport damages and we shall be informed accordingly. Should the consumer fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.

§8 Liability

(1) Compensation claims on behalf of the consumer are excluded. This excludes compensation on behalf of the consumer due to injury to life, body or health or due to the breach of a significant contractual obligation (cardinal obligation) as well as liability for other losses due to intent and gross negligence on behalf of us, our representatives or vicarious agents. Significant contractual obligations are duties, whose fulfilments are absolutely necessary for the proper performance of the contract.

(2) If significant contractual obligations are breached, the provider shall only incur liability for the typical foreseeable contractual damage due to simple negligence, unless compensation on behalf of the customer due to injury to life, body or health is concerned.

(3) We do not recommend operating any motorized and/or unmotorized vehicle, such as cars, trucks, motorbikes, bicycles, planes, etc. while wearing a pair of sunglasses purchased on our website. We therefore are not liable for any damage caused doing so.

(4) The restricitions of liability in (1), (2) and (3) are also valid for the representatives and vicarious agents of the provider, if compensation claims are brought forward directly against them.

(5) Statutory provisions of the Product Liability Act remain unaffected.

§9 Exemption in case of violation of third-party rights

If, apart from delivering the goods, the contract obliges us to process those goods according to specifications defined by the consumer, the consumer has to ensure that contents made available to us for purposes of processing do not violate third-party rights (for example copyrights and trademark rights. The consumer shall indemnify us from claims of third parties asserted against us in connection with the violation of their rights by our contractual use of the consumer’s contents. The consumer will meet any reasonable costs of necessary legal defense including all court and lawyer’s fees according to the statutory rate. This shall not apply, if the consumer is not responsible for the violation of rights. In case claims are asserted against us, the consumer shall be obliged to furnish us promptly, truthfully and completely with all information that is necessary for the verification of the claims asserted and for a corresponding legal defense.

§10 Applicable Law

(1) The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

(2) Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.