Terms of service

General Terms and Conditions (GTC) – Novea

This English version is provided for convenience only. In case of any discrepancies, the German version shall prevail.

§ 1 – GENERAL

These General Terms and Conditions (GTC) apply to all contracts concluded by customers via the Novea online store, operated by Novea, Emsdettener Straße 10, 48268 Greven, Germany, at noveafashion.de. The operator is hereinafter referred to as "Novea" and the purchaser as the "Customer".

These GTC contain special provisions for customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Such provisions are expressly marked as such and do not apply to contracts with consumers within the meaning of Section 13 BGB.

Deviating terms and conditions of the Customer will only be recognized by Novea if Novea has expressly agreed to their validity in writing.

§ 2 – CONCLUSION OF CONTRACT

The Customer can add the desired items to the shopping cart using the respective button and then start the ordering process by opening the cart. During the ordering process, the contact details required for shipping and payment must be provided. The order is completed by clicking "Buy now".

Input errors, in particular items added by mistake, can be corrected in the shopping cart using the quantity field and the available buttons. During the ordering process, errors can also be corrected by navigating with the browser's "forward" and "back" buttons.

The presentation of items in the online store constitutes a non-binding invitation to place an order. By placing an order, the Customer submits a binding offer to conclude a purchase contract for the items contained in the shopping cart. Novea confirms receipt of the order immediately by automated email. This confirmation of receipt does not yet constitute a contract.

After checking product availability, Novea accepts the offer within 3 working days of the order, either by a separate declaration of acceptance by email or by shipping the goods. The purchase contract is only concluded upon this declaration of acceptance or upon shipment of the goods.

The contracting party is Novea, c/o POSTFLEX PFX-171-428, Emsdettener Straße 10, 48268 Greven, Germany, as the operator of Novea.

The language of the contract is German.

§ 3 – STORAGE OF THE CONTRACT TEXT

Novea stores the contract text. The Customer receives the order details separately in text form by email. These GTC can also be viewed and printed in the online store.

§ 4 – RIGHT OF WITHDRAWAL

Consumers are generally entitled to a statutory right of withdrawal. All legal details of any existing right of withdrawal are set out exclusively in the withdrawal policy, which is made available to the Customer during the ordering process.

§ 5 – PRICES AND SHIPPING COSTS

The prices shown in the online store on the day of the order apply.

All prices are stated in euros and include statutory VAT.

Shipping is free of charge to all delivery countries. Delivery is made by DHL including tracking. Further information can be found at https://noveafashion.de/policies/shipping-policy.

For deliveries to countries outside the European Union, additional customs duties, taxes or fees may be incurred, which are to be borne by the Customer.

§ 6 – PAYMENT TERMS

Novea only accepts the payment methods displayed during the ordering process. The Customer decides which of the offered payment methods to use.

When paying by credit card, the Customer authorizes, by providing their credit card details, the charging of the full invoice amount due. Depending on the payment amount or delivery method, strong customer authentication may be required, e.g. by password, PIN, TAN or biometric data. The charge is initiated upon order confirmation.

When paying via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, the Customer identifies themselves with their PayPal login details and confirms the payment. Alternatively, PayPal's guest checkout can be used. Further information is available at paypal.com.

When paying via Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden), the Klarna payment methods displayed during the ordering process are available to the Customer. Klarna's terms and conditions apply, which are displayed to the Customer when selecting the respective payment method and are available at klarna.com. Klarna may carry out a credit check to the extent permitted by law and, if necessary, exclude individual payment methods. Details are set out in the privacy policy.

Entrepreneurs within the meaning of Section 14 BGB may only offset counterclaims that have been legally established, are undisputed, have been acknowledged by Novea, or are based on the same legal relationship. This restriction does not apply to consumers within the meaning of Section 13 BGB.

§ 7 – GIFT CARDS AND PROMOTIONAL VOUCHERS

a) Gift cards

Gift cards can be purchased and redeemed in the online store. They are provided exclusively in digital form, contain a multi-digit code and are sent by email.

The balance can be redeemed in full or in partial amounts. If the order value exceeds the available balance, the difference can be paid using one of the offered payment methods. Any unused balance remains on the gift card.

Gift cards may not be used to purchase further gift cards. The balance is held in euros and does not bear interest. Cash payment or subsequent offsetting is excluded. Gift cards are transferable and valid for 3 years from the end of the year of issue.

b) Promotional vouchers

Novea may issue free digital promotional vouchers on a voluntary basis. These may be limited to certain items or product ranges. Unless otherwise stated, they can only be redeemed in the calendar year in which they were issued.

The provisions of § 7 a) apply accordingly to their provision and redemption. Promotional vouchers are not refunded when goods are returned under the right of withdrawal.

c) Liability

Vouchers may not be copied, edited or manipulated. Novea accepts no liability for loss, theft or illegibility.

Novea may make payment with discharging effect to the respective voucher holder, unless Novea knew of their lack of entitlement or was unaware of it due to gross negligence.

§ 8 – DELIVERY AND SHIPPING TERMS

Unless otherwise agreed, delivery is made by mail to the delivery address provided by the Customer.

Delivery to parcel lockers (Packstation) is not possible.

The delivery time is 5–8 working days within Germany and 5–10 working days for international deliveries.

For prepayment, the delivery time begins on the working day after the payment order is issued. For all other payment methods, it begins on the working day after the conclusion of the contract.

For entrepreneurs, the risk of accidental loss passes upon handover to the carrier. For consumers, the risk passes in accordance with Section 446 BGB upon handover of the goods. Default of acceptance is equivalent to handover.

Orders can be placed from the European Economic Area and from the other countries listed in the online store.

Novea will inform the Customer immediately of any delivery delays.

If a shipment is returned to Novea by the carrier because delivery was not possible, the Customer bears the costs of re-shipment. This does not apply if the right of withdrawal is exercised at the same time or if the Customer is not responsible for the circumstance that prevented delivery.

§ 9 – RETENTION OF TITLE

The goods sold remain the property of Novea until the purchase price has been paid in full.

Before full payment, goods subject to retention of title may neither be pledged nor transferred as security. The Customer must inform Novea immediately of any third-party access.

If the Customer acts in breach of contract, in particular in the event of non-payment, Novea may withdraw from the contract and demand the return of the goods, provided that a reasonable deadline for payment has expired without result.

§ 10 – WARRANTY / LIABILITY FOR DEFECTS

The statutory provisions apply to the Customer's rights in the event of defects.

Entrepreneurs who are merchants within the meaning of the German Commercial Code (HGB) must fulfill their obligation to inspect and give notice of defects pursuant to Section 377 HGB within 14 calendar days of receipt of the goods, in text form. Consumers are not subject to this obligation.

Claims for defects by entrepreneurs become time-barred 12 months after the transfer of risk. This shortened period does not apply to consumers.

§ 11 – LIABILITY

Outside of warranty law, the Customer's claims for damages or reimbursement of futile expenses are governed by the following provisions.

Novea's liability is excluded unless the cause of the damage is based on intent and/or gross negligence. This also applies to the personal liability of employees, representatives and vicarious agents. Liability under the German Product Liability Act (Section 14 ProdHaftG) remains unaffected.

In the event of injury to life, body or health, Novea is liable in accordance with the statutory provisions.

If an essential contractual obligation (cardinal obligation) is breached through negligence, liability is limited to the typically foreseeable damage.

§ 12 – DATA STORAGE AND DATA PROTECTION

The data protection provisions of the privacy policy at https://noveafashion.de/policies/privacy-policy apply exclusively.

§ 13 – NOTICE PURSUANT TO SECTION 36 VSBG

Consumers within the meaning of Section 13 BGB generally have the option of seeking an alternative dispute resolution procedure within the meaning of Section 36 of the German Consumer Dispute Resolution Act (VSBG).

Conducting such a procedure is not a mandatory prerequisite for bringing an action before the ordinary courts.

Novea does not participate in alternative dispute resolution procedures within the meaning of Section 36 VSBG.

§ 14 – FINAL PROVISIONS

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

In relation to consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

This also applies to entrepreneurs without a general place of jurisdiction in Germany. Novea remains entitled to bring an action before any other competent court.