§1 Applicability to Entrepreneurs and Definitions

(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in their version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their self-employed professional activity (§ 13 BGB).
 

§2 Conclusion of Contract, Storage of Contract Text

(1) The following regulations regarding the conclusion of the contract apply to orders through our online shop https://www.nodedevices.de/shop.

(2) In the event of the conclusion of the contract, the contract is concluded with

.(3) The presentation of goods in our online shop does not constitute a legally binding contract offer on our part, but is only an invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) When an order is placed in our online shop, the following regulations apply: The consumer makes a binding offer by successfully completing the order process provided in our online shop.

The order is made in the following steps:

Before the order is finally submitted, the consumer can return to the page where the customer's details are recorded by using the "Back" button in the internet browser he used, correct input errors, or cancel the ordering process by closing the internet browser. We usually confirm receipt of the order within one working day, by an automatically generated email ("Your order at nodedevices.de"). With this, we accept your order bindingly, or reject it.

(5) Storage of the contract text for orders through our online shop: We will send you the order data and our terms and conditions by email. You can also view the terms and conditions at any time at https://www.nodedevices.de/page/AGB. For security reasons, your order data is no longer accessible over the Internet.

§3 Prices, Shipping Costs, Payment, Due Date

(1) The prices stated include the statutory value-added tax and other price components. Any shipping costs will be added. Unless otherwise stated, shipping is free of charge.

(2) The consumer has the option of payment in advance, PayPal (including credit card payment).

(3) If the consumer has chosen payment in advance, he is obliged to pay the purchase price immediately after the conclusion of the contract.

§4 Delivery

(1) Unless otherwise stated in the product description, all items offered by us are ready for immediate shipment. The delivery will be made no later than within 5 working days. The delivery period begins on the day after the payment order is issued to the bank responsible for the transfer in the case of payment in advance and, for all other payment methods, on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday, or legal holiday at the place of delivery, the deadline ends on the next working day.

(2) The risk of accidental loss and deterioration of the sold item also passes to the buyer in the case of a mail-order purchase only when the item is handed over to the buyer.

(3) Delivery is restricted to the following countries and areas.

Belgium
Bulgaria
Germany
Denmark (excluding Faroe Islands, Greenland)
Estonia
Finland (excluding Åland Islands)
France (excluding overseas territories and departments)
Greece (excluding Mount Athos)
Ireland
Italy (excluding Livigno and Campione d'Italia)
Croatia
Latvia
Lithuania
Luxembourg
Malta
Monaco
Netherlands (excluding non-European territories)
Austria
Poland
Portugal
Romania
Sweden
Slovakia
Slovenia
Spain (excluding Canary Islands, Ceuta, and Melilla)
Czech Republic
Hungary
Cyprus (excluding northern part)

Other delivery areas are possible upon request.

§5 Retention of Title

We reserve ownership of the goods until the purchase price has been paid in full.

§6 Right of Withdrawal of the Customer as a Consumer:

Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their self-employed professional activity.)

Withdrawal Policy

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day,

- on which you or a third party designated by you, who is not the carrier, took possession of the goods, or has;

- on which you or a third party designated by you, who is not the carrier, took possession of the last goods, or has, if you have ordered multiple goods as part of a single order and these are delivered separately;

- on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece, or has, if you have ordered goods that are delivered in multiple partial shipments or pieces;

To exercise your right of withdrawal, you must inform us (Node Devices GmbH & GmbH, Neuhauserstr. 36c, 70599 Stuttgart, Phone: +49 711 252 864 37, Email: kontakt@nodedevices.de) by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

You can fill out and submit the sample withdrawal form or another clear statement electronically. If you make use of this option, we will immediately (e.g., by email) send you a confirmation of the receipt of such withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we receive notice of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have provided evidence that you have sent back the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the period of 14 days has expired.

You bear the direct cost of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties, and functionality.

Please understand that we only accept undamaged items and goods without signs of use. The conditions for return are to be individually agreed with us.
Exclusion or premature termination grounds

The right of withdrawal does not apply to contracts

- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals, or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods, if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
 

Sample withdrawal form

(If you want to withdraw from the contract, please fill out this form and send it back.)

- To Node Devices GmbH & GmbH, Neuhauserstr. 36c, 70599 Stuttgart, Phone: +49 711 252 864 37, Email: kontakt@nodedevices.de:

- I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
  the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for communication on paper)
- Date

(*) Delete as appropriate.

§8 Warranty

(1) The statutory warranty rights exist.

(2) If you are informed about this before we submit the contractual declaration and this has been expressly and separately agreed, the warranty claims are excluded for used goods if the defect only occurs after one year from delivery of the goods. If the defect occurs within one year of delivery of the goods, the warranty claims can be asserted within the statutory limitation period of two years from delivery of the goods. The above limitation does not apply:

- for damages attributable to us that have been culpably caused by the violation of life, body, or health and for other damages caused intentionally or by gross negligence;

- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to be agreed if you were informed about it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies deviating from the above warranty regulations:

a) Only our own information and the product description of the manufacturer are considered as an agreement on the quality of the goods, not other advertising, public praise, and statements of the manufacturer.

b) In the case of defects, we provide a warranty at our discretion through rectification or replacement. If the rectification fails, you can demand a reduction in price or withdraw from the contract at your discretion. Rectification is deemed to have failed after the second unsuccessful attempt if nothing else arises, in particular, from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:

- for damages attributable to us that have been culpably caused by the violation of life, body , or health and for other damages caused intentionally or by gross negligence;

- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

- for items that have been used in accordance with their customary use for a building and have caused its defectiveness;

- for statutory recourse claims that you have in connection with warranty rights against us.

§9 Contract Language

The contract language is exclusively German.

 

Terms and Conditions status: September 13, 2023