General terms and conditions
§ 1 Scope
The General Terms & Conditions below apply exclusively to the contract concluded between the novum publishing GmbH and the customer of the online shop in the version valid at the time of the order. The novum publishing GmbH shall exclude any other terms for the customer which deviate from these Terms & Conditions, unless the novum publishing GmbH has expressly approved the validity thereof in writing.
§ 2 Conclusion and Cancellation of the Contract
The novum publishing Gmbh is obliged to accept the order of the online shop customer under the terms of the website. The novum publishing GmbH shall be entitled to cancel the contract in the event of typing errors, printing errors and arithmetical errors on the website.
The customer may cancel the contract in writing (also by email) or by return the goods in their original packaging within two weeks. If the value of the order exceeds 100.- Euro, the novum publishing GmbH shall refund the shipping costs. Please note that if necessary, the novum publishing GmbH may retain the costs of any depreciation in value of the product arising from the use thereof.
§ 3 Delivery
Unless otherwise agreed, delivery shall be made ex-warehouse to the shipping address specified by the customer of the Online Shop. Details of the delivery time are non-binding, insofar as the delivery date has not been otherwise agreed. The goods are transferred by the novum publishing GmbH to a third party provider for dispatch. Claims relating to unreceived deliveries may only be lodged with 14 days from the order date.
§ 4 Payment date and payments, late fees
The purchase price is due immediately with the order. The customer may pay the purchase price by credit card (PayPal) or by invoice. Should the customer not pay this purchase price by the due date, the novum publishing GmbH shall be entitled to demand interest on late payments of 5 % above the base rate p.a. announced by the European Central Bank. In the event that the novum publishing GmbH has demonstrably incurred a higher level of losses due to late payment, the novum publishing GmbH shall be entitled to assert a claim thereto.
§ 5 Set-off, retention
The Online Shop customer shall only be entitled to set-off claims if the counterclaims thereof have been established in a court of law or have been admitted by the novum publishing GmbH. Further to this, he is only authorised to assert a right to retention in so far as his counterclaim is based on the same contract.
§ 6 Retention of title
The delivered goods remain the property of the novum publishing GmbH until all existing claims against the customer have been settled.
§ 7 Liability
In the event that the purchased item should exhibit a defect for which the novum publishing GmbH is liable, the customer of the online shop may demand subsequent performance (repair of the defect or replacement). In the event that the novum publishing GmbH should not be in the position or not prepared to render subsequent performance due to the principle of proportionality or should this performance be subject to undue delay beyond a reasonable timeframe for reasons for which the novum publishing GmbH is liable, or should subsequent performance not be rendered in any other way, the customer shall be entitled at his own discretion to demand a corresponding reduction of the purchase price or the withdraw from the contract.
Unless otherwise stated in subsequent clauses, any further claims of the customer – irrespective of the basis in law thereof – are excluded. The novum publishing GmbH therefore assumes no liability for losses which arise from the delivered item itself; in particular, the novum publishing GmbH shall not assume any liability for lost profits or other material losses incurred by the customer. In so far as the liability of the novum publishing GmbH is excluded or limited, this shall also apply to the personal liability of its employees, agents and persons involved in the performance of the obligations thereof.
The aforementioned limitation of liability shall not apply, insofar as the cause of the losses should be based upon wilful intent or gross negligence or insofar as there may be injury to persons.
Unless the novum publishing GmbH is in breach of a contractual obligation due to negligence, the liability to pay damages shall be limited to the damages which arise naturally.
The statute of limitations is twenty-four months, counted from the date of delivery.
§ 8 Data protection
The novum publishing GmbH protects private data transferred by the customer. The novum publishing GmbH shall not place any personal information of the customer at the disposal of any other party for the use thereof. The novum publishing GmbH shall not preclude the analysis and enhancement of the customer database by trusted third parties.
§ 9 Applicable law
The place of performance and place of jurisdiction for all claims arising from this Contract shall be Eisenstadt. The competent court in Eisenstadt shall be the exclusive place of jurisdiction for any disputes which may arise from this Contract. This Contract shall be governed by the Law of the Republic of Austria.