TERMS AND CONDITIONS
Project NVMEN GmbH, Brückenstraße 5a, 10179 Berlin, Germany, managing director: Nicola Cliemas (hereinafter “numenbags.com”, “us”, “we” or “our”) will execute your Order according to these Terms and Conditions applicable at the time of the Order.
Please read these Terms and Conditions carefully before using our Website.
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.
Your access to and use of our Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our Website.
Our Terms and Conditions shall apply exclusively for the entire business relationship. We do not accept any diverging terms and conditions from the customer except specifically agreed in writing.
2 Purchase Contract
2.1 The language available for the Contract is English.
2.2 The presentation of Products on our Website does not constitute any offer by numenbags.com for a purchase contract.
2.3 By submitting the Order form provided on our Website, you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button "buy now". Before you submit your Order, you will be able to review the details and correct any mistakes in the information provided.
2.4 You represent and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
2.5 On receipt of your Order we will send you an e-mail confirming receipt of your Order and stating the details of your Order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
3.1 Your Products will be shipped via DHL, numenbags.com is liable for any potential transport risks.
3.2 Unless agreed otherwise and after conclusion of the contract, numenbags.com will send the Products as quickly as possible to the address specified by the Customer.
3.3 If you order a Product that was available in accordance with the article description, and we have not been supplied with this Product from our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, suggest an alternative similar Product. If no comparable Product is available, or you do not want delivery of a comparable Product, we will refund any amounts which have already been paid without delay. The right to withdraw from the contract shall also apply in this case.
4.1 The price stated on our Website at the time of your Order apply. All prices are amounts in Euro inclusive of value added tax. The shipping costs shall be added accordingly (see shipping costs).
4.2 If you have ordered several items at the same time, the products may be delivered at different times. Shipping charges will be incurred only once in any such case.
4.3 Where shipments are made to countries outside the European Union, customs or acquisition tax for imported Products may have to be paid by the Customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the Purchase Price and the shipping costs; we have no means of influencing them. In case of a return, customs duties, import sales taxes and DHL handling charges, will not be refunded.
We accept PayPal, credit card and payment by Klarna. In order to process your payments, we will transmit your data upon completion of your order via a safe connection to our payment service provider PayPal, Klarna or Stripe (PayPal S.à r.l. et Cie, S.C.A.; paypal.com; Klarna AB (publ)., klarna.com; Stripe, Inc., stripe.com). If your place of residence is outside of Germany, payment options are restricted.
For credit card payments, you will – after the conclusion of the contract – be forwarded to the external service of Stripe, Inc. where you have to provide your credit card details or your account details and conclude the payment. We authorize Stripe to receive payments by our Customers for the purpose of performing the contract.
For PayPal payments, you will – after the conclusion of the contract – be forwarded to the website of the online provider Paypal. In order to pay the invoice amount, you have to register with PayPal and/ or be registered, so that you can legitimize your access data to confirm the payment instruction to us. After the amount has been received in our bank account, the Products will be shipped.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
The payment methods invoice, part payment and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. Further information and Klarnas user terms for Germany you can find here and for Austria here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement for Germany/ Austria.
6.1 Costumers have a right of withdrawal without giving any reasons, provided that the Product has not been worn, is undamaged and (insofar as possible) is in the original and undamaged packaging. Please find a sample withdrawal form at the end of these Terms and Conditions.
6.2 The withdrawal period is fourteen (14) days from the date on which you or a third party nominated by you, who is not the carrier, took the goods in their possession, in the case of a contract for the supply of goods in several partial shipments or, on the day on which you or a third party nominated by you, who is not the carrier, took the last part of a shipment or the last item in your or their possession.
6.3 In order to exercise your right of withdrawal, you must inform us by sending us an explicit declaration that you are repealing your contract of purchase via email. You may use the sample withdrawal form for this purpose, which is, however, not mandatory to use.
6.4 If you withdraw from your contract of purchase, we are obligated to return all payments that we have received from you, including the shipping costs (except for the additional costs that result from choosing a different shipping option, other than the regular standard offered by us), without delay and at the latest within fourteen (14) days from the day on which the notice of your withdrawal from this contract of purchase was received by us.
6.5 The payment method you used for the original transaction will be used for the reimbursement, unless we have explicitly agreed to something else. In any case, no charge will be made for the reimbursement. We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever of these dates comes first.
6.6 The items have to be sent back to us immediately and no later than fourteen (14) days after the date on which you have notified us of the withdrawal of this contract.
6.7 You are only required to bear a possible loss in value of the goods if this loss in value is due to unnecessary handling which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.
6.8 Withdrawal is only in place if the item bought hasn't been customized or altered.
7 Storage and processing of contract data
7.1 Your contract and ordering details, as well as the text of the contract, will be stored by us – a direct access is not possible for security reasons. You will have the opportunity to sign up on our Website via “Login” with your user name and your password, and thus to retrieve your profile, address and order history. Your personal access data are intended only for you and must not be disclosed for third-parties to access.
8 Retention of title
The Products delivered remain property of numenbags.com until full payment.
9.1 Claims based on defects in the delivered Products shall be dependent upon the statutory provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to § 11 below.
9.2 Normal wear and tear of the goods do not justify a warranty claim.
10.1 We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.
10.2 Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
10.3 Any exclusion or limitation of the liability of numenbags.com shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
10.4 The risk of incidental loss and incidental deterioration of goods for sales shipments shall pass to you or a recipient chosen by you with the delivery of the Products.
10.5 We assume no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair by a non-authorized service partner.
11 Applicable law
11.1 For all legal disputes arising from or as a result of a purchase contract shall be governed and construed in accordance with the laws of Berlin, Germany, under exclusion of the UN Sales Convention.
11.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Online Despute Resolution
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
Current status: August 2018
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Example of Withdrawal Form
If you want to withdraw from the contract, you can complete this sample withdrawal form and send it back to us:
Project NVMEN GmbH
I/ we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*):
Ordered on (*): ____________________________________
Received on (*): ___________________________________
Name of the customer(s): ___________________________
Address of the customer(s): __________________________
Signature of the customer(s) (only for communications on paper/hardcopies):
(*) Delete as appropriate