Terms and Conditions (T&C)

1. Scope

1.1 These Terms and Conditions (hereinafter referred to as “T&C”) of Norybean GmbH (hereinafter referred to as “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods and/or services presented by the Seller on its website (www.norybean.de). The inclusion of the Customer’s own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these T&C is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these T&C is any natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

2. Conclusion of Contract

2.1 The product descriptions contained on the Seller’s website do not represent binding offers on the part of the Seller.

2.2 The Customer can submit a non-binding inquiry through the contact form integrated into the Seller’s online shop. Furthermore, the Customer can also submit an inquiry for an offer from the Seller by telephone or email.

2.3 The Customer can accept the Seller’s offer within five days by creating a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive. If the Customer does not accept the Seller’s offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Seller is no longer bound to their declaration of intent.

2.4 The period for acceptance of the offer begins on the day after the offer is sent by the Seller and ends with the expiry of the fifth day following the sending of the offer.

2.5 Only the German language is available for the conclusion of the contract.

2.6 Order processing and contact usually take place via email. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.

3. Right of Withdrawal

Consumers generally have a right of withdrawal. More detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s offer, the prices stated are total prices that include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 The payment options available to the Customer are payment by invoice, which is created by the Seller immediately after the conclusion of the contract.

4.3 If prepayment is agreed, payment is due immediately upon conclusion of the contract.

5. Delivery and Shipping Conditions

5.1 The delivery of goods is made by shipping to the delivery address provided by the Customer, unless otherwise agreed.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller announced the service a reasonable time in advance.

5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer upon handover to the Customer or a person authorized to receive them. If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a mail order purchase passes to a suitable transport person at the Seller’s place of business.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 In the case of self-collection, the Seller first informs the Customer by email that the goods they have ordered are ready for collection. After receiving this email, the Customer can collect the goods by arrangement with the Seller at the Seller’s place of business. In this case, no shipping costs will be charged.

6. Retention of Title

6.1 With respect to consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to entrepreneurs, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. All claims arising from this against third parties are assigned by the Customer to the Seller in advance in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims themselves remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, does not fall into arrears, and no application for the opening of insolvency proceedings has been filed.

7. Liability for Defects

The statutory provisions apply to defects in the purchased goods.

7.1 For entrepreneurs:

An insignificant defect generally does not constitute defect claims,
the Seller has the choice of the type of subsequent performance,
the limitation period for defects is one year from the transfer of risk for new goods,
for used goods, defect rights and claims are generally excluded,
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 For consumers, the limitation period for defect claims is:

two years from the delivery of the goods for new goods,
one year from the delivery of the goods for used goods, with the limitation of section 7.3.

7.3 For entrepreneurs and consumers, the above liability and limitation period limitations in section 7.1 and section 7.2 do not apply to claims for damages and reimbursement of expenses that the buyer can assert due to defects in accordance with the statutory provisions in accordance with section 8.

7.4 Furthermore, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected for entrepreneurs. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are considered approved.

7.6 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer does not comply, this has no effect on their statutory or contractual defect claims.

7.7 If the subsequent performance is carried out by means of a replacement delivery, the Customer is obliged to return the first delivered goods to the Seller within 30 days at the Seller’s expense. The return of the defective goods must be made in accordance with the statutory provisions.

8. Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable for any legal reason:

in case of intent or gross negligence,
in case of intentional or negligent injury to life, body, or health,
due to a guarantee promise, unless otherwise agreed,
due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, the liability is limited to the foreseeable, typically occurring damage, unless unlimited liability is assumed according to section 8.1. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

9. Applicable Law

All legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10. Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has their seat outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is also entitled to call upon the court at the Customer’s place of business.