Terms and Conditions

These Terms and Conditions apply to all orders placed through our online shop by consumers and businesses.

For Germany: a consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

For Austria: references to a ‘consumer’ in these Terms and Conditions mean a consumer within the meaning of the Austrian Consumer Protection Act (KSchG).

For Switzerland: references to a ‘consumer’ in these Terms and Conditions mean a consumer under Swiss law.

For businesses: if a business uses conflicting or supplementary terms and conditions, their validity is hereby rejected. They will become part of the contract only if we have expressly agreed to them.

The purchase contract is concluded with NODU GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may initially place products in the basket without obligation and correct your entries at any time before submitting your binding order using the correction tools provided and explained during checkout. By clicking the order button, you submit a binding offer to purchase the products in the basket. We confirm receipt of your order by email immediately after it has been submitted.

We accept your offer within two days by

• sending a separate declaration of acceptance by email; or
• where applicable, having the payment transaction carried out by our service provider or the selected payment service provider. The timing of the payment transaction depends on the selected payment method (see ‘Payment’).

The applicable alternative is determined by whichever of the events listed above occurs first.

The languages available for concluding the contract are German and English.

We store the contract text and send you the order details and our Terms and Conditions in text form. For security reasons, the contract text will no longer be accessible online.

4.1 Product description — The applicable product description forms an essential part of the contract.

4.2 Product images — Without affecting your statutory warranty rights, please note the following. Contact us if you are uncertain:

• Minor differences between displayed and actual product colours may result from individual screen settings, such as resolution and brightness.
• Natural variations in grain, texture and colour may occur in wooden products.

5.1 Requirements — Where performance of the order requires you to provide us with content such as text, data or files, the available technical options and any applicable requirements are set out in the relevant product description. You are solely responsible for the content, including its legality and accuracy. We do not carry out an editorial review before performing the order.

5.2 Compliance with applicable law — The content and the products created from it must comply with applicable law at all times. In particular, they must not infringe third-party rights or claims, including copyright, trade marks or other intellectual-property rights, and must not contain or serve content or purposes that glorify violence, discriminate, are racist or xenophobic, offend public morals or oppose the constitutional order.

5.3 Indemnity — You indemnify us against third-party claims asserted in connection with an infringement of their rights through our contractual use of the content. You also bear the necessary costs of legal defence, including statutory court and lawyers’ fees. This does not apply where you are not responsible for the infringement. If a third party asserts a claim, you must promptly provide us, truthfully and completely, with all information required to assess and defend the claim.

5.4 Right to reject or withdraw — We reserve the right to reject the order or withdraw from the contract if content supplied by you breaches statutory or official prohibitions or public morals, or if there is reasonable suspicion of such a breach. This applies in particular to content that opposes the constitutional order, is racist, xenophobic, discriminatory, insulting, harmful to minors or glorifies violence.

Installation services require an express agreement.

6.1 Selection of the service provider — At our discretion, we perform the service ourselves or through qualified personnel selected by us. We expressly reserve the right to use third-party subcontractors acting on our behalf. You have a right to select a particular person only where this is expressly stated in the applicable service description. If third parties are used, we remain fully responsible for performance of the contractual obligations. Before appointing them, we assess their reliability and suitability in terms of professional training, experience and/or ability to perform the service as agreed, and require them to comply accordingly.

6.2 Access to the installation location — The product is delivered to the installation location. You must grant the person carrying out the installation access to that location.

Standard delivery is free above the order value shown during checkout.

7.1 Delivery options — We dispatch products to the shipping address specified during checkout. Collection from NODU GmbH in Moers is generally available during the following business hours: 10:00–15:00.

7.2 Freight delivery — Appointment: for freight deliveries, the carrier appointed by us will contact you to arrange a delivery date. Place of delivery: delivery is limited to transport and unloading at the first public kerb at the agreed shipping address. Unless expressly agreed otherwise, delivery into specific rooms and assembly and/or installation of the ordered goods are not included.

8.1 Due date and late payment — The price becomes due when the contract is concluded unless a later date follows from the payment terms below.

For customers based in Germany or Austria: for consumers, we reserve the right to charge EUR 1.50 for the second and each subsequent reminder; you may prove that a lower loss was incurred. For businesses, we reserve the right to claim statutory default interest of nine percentage points above the base rate and a fixed charge of EUR 40. Further claims remain unaffected.

For customers based in Switzerland, the corresponding amounts are a CHF 1.50 reminder fee for consumers and nine percentage points above the ECB base rate plus a fixed charge of CHF 40 for businesses.

8.2 Payment methods — Payments are processed by our payment service provider Mollie. The secure Mollie payment page automatically displays the methods available for your device:

• PayPal
• Credit card
• SEPA Direct Debit: by placing the order, you issue a SEPA direct-debit mandate; your account is debited when the order is completed.
• Device-dependent express methods, such as Apple Pay on Safari/iOS or Google Pay on Chrome/Android
• Other payment methods offered through Mollie

Where applicable, you have the statutory right of withdrawal described in our withdrawal policy.

The product remains our property until payment has been made in full. For customers based in Switzerland, we are entitled to make a corresponding entry in the retention-of-title register.

The following additionally applies to businesses: we retain title to the product until all claims arising from the ongoing business relationship have been paid in full. You may resell goods subject to retention of title in the ordinary course of business. You assign to us in advance all claims arising from such resale up to the invoice amount, and we accept that assignment. You remain authorised to collect the claims; however, we may also collect them ourselves if you fail to meet your payment obligations. At your request, we will release securities to the extent that their realisable value exceeds the value of the outstanding claims by more than 10%.

For consumers: if goods are delivered with obvious transport damage, please report the damage to the delivery company as soon as possible and contact us promptly. Failure to report the damage or contact us does not affect your statutory claims or their enforcement, including your warranty rights. It does, however, help us assert our own claims against the carrier or transport insurer.

For businesses: the risk of accidental loss and accidental deterioration passes to you as soon as we hand the goods to the forwarding agent, carrier or other person or institution appointed to carry out shipment.

12.1 Liability for defects — Consumers based in Germany and Austria have the statutory rights in respect of defects.

For consumers based in Switzerland: you should inspect the condition of the goods received as soon as is practicable in the ordinary course of business and immediately notify the seller of any defects for which the seller is liable. If you fail to do so, the goods are deemed accepted except in respect of defects that could not be identified during the customary inspection.

Return the defective product to us with a description of the defect. You bear the transport costs incurred. At our discretion, we remedy defects by repair or replacement. If subsequent performance fails, you are entitled to withdraw from the contract, except where the defect is insignificant. The right to a price reduction is excluded.

For businesses and merchants, the statutory law governing liability for defects applies unless expressly agreed otherwise. Limitations and shortened periods do not apply to injury to life, body or health, intent or gross negligence, breach of essential contractual duties, guarantees, or where the German Product Liability Act applies.

Limitations for businesses: only our own statements and manufacturer descriptions incorporated into the contract constitute an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer. The limitation period for defect claims concerning newly manufactured goods is one year from the passing of risk. Used goods are sold with all warranty excluded. Statutory limitation periods for recourse under Section 445a BGB remain unaffected.

Notice for merchants: the inspection and notification duties under Section 377 of the German Commercial Code (HGB) apply. If you fail to provide the notice required there, the goods are deemed approved unless the defect could not be identified during inspection or we fraudulently concealed it.

12.2 Guarantees and customer service — Information about any additional guarantees is provided with the relevant product. For questions and complaints, our customer service team is available on weekdays from 10:00 to 15:00 on +49 151 64310985 and by email at info@nodu-europe.com.

We have unlimited liability for claims arising from damage caused by us, our legal representatives or agents in the event of injury to life, body or health; intentional or grossly negligent breach of duty; guarantees, where agreed; or where the German Product Liability Act applies.

For a slightly negligent breach of essential contractual duties, liability is limited to the typical loss foreseeable when the contract was concluded. All other claims for damages are excluded.

We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration body.

If you are a business, German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, our registered office is the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you.

If individual clauses of these Terms and Conditions are wholly or partly invalid, the remainder of the contract remains effective. Where individual clauses are invalid, the content of the contract is governed by statutory provisions.