GENERAL TERMS AND CONDITIONS OF BUSINESS
General terms and conditions of nobufil GmbH
nobufil GmbH, with its registered office in Krems an der Donau, Dr. Franz Wilhelmstraße 2, 3500, Austria, produces filaments for 3D printing from 100% recycled material and trades in other materials for 3D printing and goods of all kinds and distributes them via the online shop on the website www.nobufil.com. The following GTC apply to all business relationships and services of nobufil GmbH, both for contractual relationships via the online shop and, if applicable, for business contacts made in other ways and the resulting legal relationships between nobufil GmbH and its customers in their respective valid version, which is published on the website www.nobufil.com. The customers are usually consumers within the meaning of § 1 para. 1 no. 2 and § 1 para. 3 KSchG, but also entrepreneurs within the meaning of § 1 para. 1 no. 1 KSchG.
"Consumer" is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his independent professional activity.
"Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
All genders are addressed equally in this declaration, but gender-differentiated spelling was not used in order to achieve better readability. It is expressly stated that all genders are addressed equally. All clients are referred to as "customer" in these terms and conditions.
Validity and Disclaimer
These terms and conditions apply to all contractual and pre-contractual relationships of nobufil GmbH, in particular to contractual relationships which have their origin in orders placed on the website www.nobufil.com. nobufil GmbH is only prepared to enter into contractual relationships on the basis of these terms and conditions, and the customer acknowledges and agrees to them by agreeing to them, whereby these terms and conditions also replace and invalidate any other general terms and conditions of the customer, as nobufil GmbH is not prepared to enter into any other contractual relationships. The validity of the terms and conditions shall always refer to the version in force at the time of the order (=offer) made by the customer, which is published on the website www.nobufil.com
Initiation of contractual relationships and conclusion of contract
Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract and are only to be understood as an invitation to the customer to submit an offer.
The customer makes this offer by going through the ordering process available on the website and, after ticking the box to agree to these terms and conditions and the cancellation policy, clicking on the "Order" button, whereby nobufil GmbH is not obliged to to accept this offer:
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Selection of the desired goods,
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Adding the products by clicking on the corresponding button "Add to cart",
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Checking the information in the shopping cart under "View shopping cart",
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Call up the order overview by clicking on the corresponding button "Checkout"
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Possibility to check the ordered goods in the order overview,
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Possibility to enter a discount code,
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Entering/checking the address and contact details, selection of the payment method, confirmation of the terms and conditions and cancellation policy,
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If the agreed quality of the goods deviates from their usual quality and usage requirements, confirmation of a negative quality agreement,
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Completion of the order by pressing the button "Order with costs". This represents your binding order (=purchase offer to nobufil GmbH).
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nobufil GmbH will confirm receipt of an offer to the customer by sending an email to the address provided by the customer ("order confirmation"). This e-mail does not constitute acceptance of the contractor's offer.
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The contract is concluded when nobufil GmbH explicitly accepts the offer within three working days by sending a confirmation of acceptance ("order confirmation") to the e-mail address provided by the customer or impliedly responds by sending the goods. The customer is therefore bound to his offer for 3 days.
For the possibility of an offer in the sense mentioned above, it is necessary for the customer to provide information about himself and thereby also disclose personal data, which are used and stored to the necessary extent by nobufil GmbH in accordance with the data protection declaration (link!).
In the course of the business relationship, the customer must provide true and complete information and always keep his data up to date. This applies both when registering as a customer and when placing an order with guest status. He must treat his data confidentially and protect it from unauthorized access. If the customer suspects misuse by third parties, he must inform nobufil GmbH immediately.
Contract data and storage
Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by the customer aborting the ordering process prematurely, closing the browser window and repeating the process.
The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by e-mail after the customer has placed the order, partly automatically.
The processing of trade via the online shop of nobufil GmbH is based on these terms and conditions and so nobufil GmbH does not store its own contract text.
Instead, the data entered by the customer for the purpose of concluding the contract is stored by nobufil GmbH and can be viewed by registered customers in the customer account. When ordering as a guest, the data is also stored to the extent required by law in order to be able to process payment and delivery modalities.
The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, partly automatically. The customer must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
Retention of title
The goods remain the property of nobufil GmbH until the full purchase price has been paid.
Customers can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
Right of cancellation and revocation
This right of cancellation only applies to consumers within the meaning of § 1 KSchG (!)
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
The right of withdrawal or cancellation for customers who are consumers is shown here in italics:
Customers who are consumers within the meaning of § 1 KschG have the right to cancel their order via the Nobufil online shop within fourteen days without giving reasons.
The cancellation period is 14 days from the day on which the customer (consumer):
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himself or a third party named by him, who is not the carrier, has taken possession of the goods;
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in the case of a contract for several goods which the customer (consumer) ordered as part of a single order and which are delivered separately, himself or a third party designated by him who is not the carrier, took possession of the last goods;
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in the case of a contract for the delivery of goods in several partial consignments or pieces, himself or a third party named by him who is not the carrier, have taken possession of the last partial consignment or the last piece.
In order to exercise the right of cancellation, the customer (consumer) must inform nobufil GmbH, Dr. Franz Wilhelmstraße 2, Krems an der Donau, 3500, Austria (email: support@nobufil.com) by means of a clear statement (e.g. letter sent by post or e-mail) of the decision to cancel the order. The attached cancellation form can be used for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for the customer (consumer) to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If the customer (consumer) cancels from the contract, nobufil GmbH shall have all payments received from the customer, including delivery costs (except for the additional costs resulting from the customer choosing a different type of delivery than the one offered , chose the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which nobufil GmbH received the notification of the cancellation of this contract. For this repayment, nobufil GmbH uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer in the individual case; Under no circumstances will fees be charged for this repayment.
The customer must send the goods to nobufil GmbH, Dr. Franz Wilhelmstrasse 2, Krems an der Donau, 3500 Austria or to hand over. The deadline is met if the goods are sent before the period of fourteen days has expired.
In this case, the customer (consumer) also bears the direct costs of returning the goods.
The customer (consumer) only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
In accordance with the legal regulations, this data will be sent by email together with these terms and conditions and the cancellation policy together with the order confirmation.
However, there are also the following legal exceptions to the right of cancellation for consumers:
(See Section 18 FAGG)
The consumer has no right of cancelling for distance selling or contracts concluded outside of business premises concerning:
- Goods or services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the cancelling period.
- Goods that are made to customer specifications or are clearly tailored to personal needs.
- Goods that can spoil quickly or whose use-by date would soon be exceeded.
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene reasons if their seal was removed after delivery.
- Goods which, due to their nature, were inseparably mixed with other goods after delivery.
- Alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence.
- Audio or video recordings or computer software delivered in a sealed package if unsealed after delivery.
- Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications.
- Services in the areas of accommodation other than for residential purposes, transport of goods, rental of motor vehicles and delivery of food and drink and services provided in connection with leisure activities, provided that a specific time or period of time is contractually agreed for the performance of the contract by the entrepreneur is provided.
- The supply of digital content that is not intended to be delivered on a tangible medium when the entrepreneur has started to perform the contract, whereby in those cases where the consumer is obliged to pay under the contract, the right of cancellation does not apply unless moreover.
a) the consumer has expressly consented to the start of performance of the contract before the end of the cancellation period,
b) the consumer has confirmed that he/she has acknowledged that he/she loses his/her right of cancelling by starting performance of the contract prematurely, and
c) the entrepreneur has provided the consumer with a copy or confirmation in accordance with Section 5 (2) or Section 7 (3).
Performance, Pricing, Shipping Costs and Payment
The prices shown in the Nobufil online shop are total prices and include the applicable value-added tax. The amounts applicable at the time of ordering apply.
The main features of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be expressly pointed out in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
Payment is made by transfer to the account specified by nobufil GmbH or via the payment service company commissioned by it. The default currency at nobufil.com is the euro. If you pay with your payment method in a different currency, you will be billed in euros.
The respective purchase price is to be paid before delivery of the product (payment in advance), unless nobufil GmbH expressly offers purchase on account. The payment methods available to the customer are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately. The payments are to be made once for the entire amount, unless explicitly agreed otherwise in writing.
The shipping costs are added to the prices shown and can be omitted depending on the delivery destination from a certain order value. The applicable sales tax for shipping is included in the specified shipping costs. The shipping costs are clearly communicated to the customer in the shopping cart system and on the order overview.
Delivery by Nobufil is limited to the following countries:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia.
Warranty
Unless expressly stated otherwise, the general statutory warranty provisions for consumers apply.
For entrepreneurs, the warranty period for delivered goods is 6 months. The warranty is excluded in particular in the case of defects caused by the customer. Improper handling, incorrect operation or unauthorized repair attempts are given as examples.
As a consumer, customers are asked to check the goods for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to inform nobufil GmbH and the forwarding agent of any complaints as soon as possible.
In the event of obvious transport damage, customers are asked to complain to the delivery agent immediately and also to contact nobufil GmbH immediately.
If a manufacturer's guarantee is given for products in the Nobufil online shop, the customer must claim any claims directly from the manufacturer. Customers who are consumers must be notified of such a guarantee in writing or by e-mail. Liability of nobufil GmbH from the manufacturer's guarantee of other manufacturers is expressly excluded, but exists with regard to products from our own production to the extent specified.
Furthermore, nobufil GmbH does not guarantee that the representations (images) shown in the web shop are identical to the goods actually delivered.
Disclaimer
Claims for damages by the customer against nobufil GmbH or its vicarious agents or agents are excluded, unless the claims are based on an intentional or grossly negligent act on the part of the same.
The liability of nobufil GmbH is generally limited to contract-typical foreseeable damages.
Nobufil GmbH is not liable for lost profits towards customers who are entrepreneurs.
Liability for damage resulting from injury to life, limb and health, for grossly negligent or intentional breach of essential contractual obligations or from the Product Liability Act remains unaffected by these restrictions.
nobufil GmbH bears no responsibility for an inability to meet the obligations arising from the contractual relationship if this results from circumstances for which nobufil GmbH or one of its vicarious agents is not responsible:
This applies, among other things, to the availability of resources, energy and telecommunications services as well as in the event of force majeure.
Data protection
The regulations on data protection are based on the General Data Protection Regulation GDPR and can be found in the data protection declaration of nobufil GmbH.
Legal language – contract language
The language available for the conclusion of the contract is German and English.
Applicable Law
All contractual relationships of nobufil GmbH, in particular those via the web shop, are generally concluded in accordance with Austrian law and are therefore subject to Austrian substantive law. For customers who are consumers, however, according to Art. 6 Para. 2 Rome I-VO, these GTC must not put them in a worse position than the mandatory rules in the customer's country of residence guarantee in favor of the customer.
The application of the United Nations Convention on the International Sale of Goods (UN Sales Convention) and reference standards is excluded from the contractual relationship.
Place of jurisdiction
The exclusive place of jurisdiction is Krems an der Donau, Austria. If the customer is a consumer and has his place of residence or habitual residence in Austria or is employed in Austria, the customer can only be sued before the courts in whose district his place of residence, habitual residence or place of employment is located.
Dispute resolution
nobufil GmbH is currently not taking part in any external arbitration procedures, but in the event of problems, we would ask you to contact us directly in order to prevent misunderstandings as far as possible and to achieve smooth business processes with satisfied customers.
Nobufil company data
nobufil GmbH
dr Franz Wilhelm Street 2
3500 Krems an der Donau
Austria
Managing Director: Alexander Datzinger
UID: ATU78162328
FN: 579247i
Commercial court:
Krems at the Donau