General Terms and Conditions (GTC) of Nobilis Fragrances GmbH
(hereinafter, "Nobilis")
valid from 1 January 2010
The following terms apply to our services unless other conditions have been agreed in writing.
1. The following General Terms and Conditions apply to the customer of Nobilis for all goods deliveries. The customer acknowledges these GTC upon placement of his order. Conditions of the customer varying from or in addition to these General Terms and Conditions shall be without obligation upon Nobilis, even should Nobilis fail to object to the same or should the customer declare his intention only to accept delivery on his own terms.
2. The offers of Nobilis shall be without obligation. The contract shall come into being upon the explicit acceptance of the order by Nobilis or upon delivery of the goods ordered. The purchase prices applicable on the day of invoicing shall be invoiced. Nobilis does not charge a processing fee above an order level of € 250 (purchase price). Where an order level is between € 150 and € 250, ex VAT, Nobilis charges a processing fee of € 5; where an order level is less than € 150, a processing fee of € 10 is charged. VAT is charged in addition to the quoted prices.
3. Nobilis shall be released from its obligation to supply in cases of force majeure. Should a delivery by our suppliers not take place on grounds over which Nobilis has no control, Nobilis shall be entitled to withdraw from a contract. Alternatively, Nobilis shall be entitled to defer the delivery date. Furthermore, Nobilis shall be entitled to make partial deliveries. Claims for damages on behalf of the customer shall be excluded in these cases, except where mandatory legal regulations do not allow such exclusion. In addition, Nobilis shall be entitled, at its discretion, to abandon completion of an order should the goods be no longer in stock or be no longer obtainable. Where the customer defaults in payment or acts otherwise contrary to the contract, Nobilis shall be entitled to withdraw from the contract and to reclaim goods already delivered.
4. The goods ordered shall be delivered carriage free. The choice of delivery method shall be at the discretion of Nobilis. Where there is a sale of goods involving delivery, the risk devolving upon the individual delegated to perform the delivery shall be transferred, upon delivery, to the customer.
5. Invoices are due without discount within 30 days of the date of the invoice and should be paid into the account nominated on the invoice. The customer is in default without notice at the end of the 30 day period. Where the invoice is paid within 10 days of the date of the invoice, Nobilis will give a discount of 2% or, for a Direct Debit, a discount of 3%. Where there is a default in payment, all unpaid invoices shall immediately become due and payable at the time of the occurrence of the default. Where there is a default in payment, further supply is dependent on previous settlement of the payable accounts. The same applies where there are reasonable doubts as to customerís ability to pay. Where there is a default in payment, Nobilis shall be entitled to invoice the customer for default interest in the amount of 8% above the base rate. Nobilis reserves the right to charge higher interest on other legal grounds. Payment by bill of exchange will not be accepted. Where there is a default in payment, Nobilis shall be entitled to invoice the customer for € 5.00 for the first request for payment, € 10.00 for the second and € 15.00 for the third. This shall not affect enforcement of a claim for damages in excess of this caused by the delay (e.g. default charges).
6. The warranty period is one year after the customer's receipt of the goods. At its own discretion, Nobilis will redress deficiencies in the goods by rectification or replacement. Should the supplementary performance fail, the customer may, in principle at his own discretion, demand a reduction in the agreed price or a rescission of the contract. Where there is only a minor breach of contract, in particular, concerning minor deficiencies, however, the customer shall have no right to withdraw from the contract. Further claims by the customer are limited, insofar as this is legally permissible, to twice the value of the purchase price of the quantity of goods immediately affected by the damage. In particular, this applies to reimbursement for damages not immediately affecting the goods themselves.
7. The customer must immediately notify Nobilis in writing of deficiencies, and in any case no later than 10 days after receipt of the goods by the customer. Deficiencies in or damage to the goods delivered which cannot be detected within the 10 day limit period, even by careful inspection, should be notified to Nobilis immediately on discovery. Otherwise, guarantees are governed by the statutory provisions; Art. 377 and 378 of the German Commercial Code, in particular, apply to merchants.
8. Until full payment of all due claims of Nobilis arising from the business relationship, the goods delivered shall remain the property of Nobilis. Within the framework of the normal course of business, the customer shall be entitled to dispose of the delivered goods within the scope of the law to the end user, although not to a reseller. In this respect, the customer shall be entitled to sell the delivered goods on in the normal course of business; he shall already, however, relinquish all claims arising for him in toto from the re-sale at the conclusion of the contract. After their assignment, the customer shall be authorised to collect these claims. This authorisation to collect may only be revoked if the customer does not fulfil his liabilities to pay. It is only permitted to offer the goods via the Internet on condition that an appropriate agreement is made with Nobilis; this is possible on request.
9. On the customer's request, Nobilis shall undertake to release any sureties provided that exceed the requirements by 50%. It is not permitted to pledge or assign the goods as security under retention of title. The customer must immediately inform Nobilis if third-party arrangements or other incidents compromise the rights of Nobilis. Where the secured goods are seized or confiscated, the customer must advise the third party concerning the retention of title by Inter Parfums. The customer must notify Nobilis immediately concerning such measures or incidents.
10. Should Nobilis recover the goods under a negotiated agreement, the customer shall bear the risk and the delivery charges.
11. Advertising materials provided for the customer by Nobilis (e.g. free samples, testers, display items) remain the property of Nobilis. The customer shall be entitled to complimentary samples, placed at his disposal for use as intended.
12. The liability of Nobilis with respect to the customer for damages shall be excluded, provided that Nobilis is not responsible for malice or gross negligence. This also applies to damages based on neglect of duty by a statutory representative or by vicarious agents of Nobilis. Claims for damages shall lapse one year after delivery of the goods, provided this is legally permissible. The liability for damages arising from damage to life, bodily damage or damage to health remains unaffected by the above-mentioned exclusions of liability.
13. Nobilis shall be entitled to store and to transfer data concerning goods and payment transactions with the customer.
14. The place of execution shall be Wiesbaden. The place of jurisdiction shall be agreed as the District Court, Wiesbaden. The law of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
15. Subsequent amendments of or addenda to contracts must be in writing. This also applies to any waiver of the requirement for the written form.