1. Scope
For all orders through our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

General terms and conditions apply to entrepreneurs for these future business relationships without having to point them out again. If or if the entrepreneur uses conflicting supplementary general terms and conditions, their validity is hereby rejected; They will only become part of the contract if we have expressly agreed to this.

2. Contractor contract
The purchase contract is concluded with Radius GmbH.

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. We reserve the right to make changes of any kind. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.



When the contract is concluded with us depends on the payment method chosen by you:

Credit card

We accept your order by sending a declaration of acceptance in separate e-mail or by delivering the goods within two days.

Novalnet AG transmits personal data collected within the scope of this contractual relationship for the application, implementation and termination of this business relationship as well as data on non-contractual behavior or fraudulent behavior to CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich.

The legal basis for these transfers is Article 6 Paragraph 1 Letter b and Article 6 Paragraph 1 Letter f of the General Data Protection Regulation (GDPR). Transmissions on the basis of Article 6 paragraph 1 letter f GDPR may only take place if this is necessary to protect the legitimate interests of Novalnet AG or third parties and not the interests or fundamental rights and freedoms of the person concerned, which require the protection of personal data. predominate. The exchange of data with CRIF Bürgel GmbH also serves to fulfill legal obligations to carry out credit checks on customers (§ 505a and 506 of the German Civil Code).

CRIF Bürgel GmbH processes the data received and also uses them for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and in Switzerland and possibly other third countries (if the European Commission has made an adequacy decision for these) information, among other things to provide an assessment of the creditworthiness of natural persons. Further information on the activities of CRIF Bürgel GmbH can be found in the CRIF Bürgel information sheet or viewed online at www.crifbuergel.de/de/datenschutz.

Prepayment


We accept your order by sending a declaration of acceptance in separate e-mail within two days, in which we give you our bank details.

PayPal

In the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Cash payment at pickup

We accept your order by sending a declaration of acceptance in a separate email within two days.

3. Contract language, treaty text storage
The language available for the contract is German.

We save the contract text and send you the order data and our terms and conditions by e-mail. You can see the contract text in our customer login.

4. Delivery terms
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.

In principle, you have the option of picking it up from Radius GmbH, Hamburger Str. 8a , 50321 Brühl, Germany during the following business hours: Monday to Friday from 8:30 a.m. to 16:30 p.m. excluding public holidays. Please inform us at least two working days before you pick it up so that we can have the goods ready from our warehouse. You can also pay here with an EC card and PIN.

We do not deliver to pack pick up stations.

5. pay
Prepayment

If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card

When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the goods have been dispatched. The payment transaction is carried out automatically by the credit card company and your card is charged.

PayPal

In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.

The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.

Cash payment at pickup

You pay the invoice amount in cash upon pickup.

6. Retention of Title
The goods remain our property until full payment.


For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

7. transport damage
For consumers: 


If goods are delivered with obvious transport damage, please report such errors to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.

For entrepreneurs, the following applies:


The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the shipper, the carrier or the person or institution otherwise responsible for carrying out the shipment. For merchants, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranties
The statutory right of deficiency shall apply. Information about any applicable additional warranties and their exact terms can be found at the product and on special information pages in the onlineshop.

In addition, the following guidelines apply:

Anyone entitled to a guarantee: Any owner of a product who can provide us with proof of the guarantee that is still valid can claim the respective guarantee.
Warranty period: The functional warranty is ten (10) years from the date of purchase by the original owner for all metal components of our products. For the remaining products, product classes and product materials, the functional guarantee is two (2) years - this includes, for example: all lights, all materials, foams, adhesives, glass (if damage occurs due to mechanical or thermal causes of the proper use of our ethanol fireplaces) , bell switches, plastics and plastic parts, flash grill, Wanduhr, Hockerleiter.
Scope of guarantee: During the guarantee period, products and components that show defects due to material and manufacturing errors will be partially or completely repaired or replaced after our inspection. Replaced products or parts of products become our property. The guarantee services do not result in an extension of the guarantee period, nor do they initiate a new guarantee. If the product is no longer from Radius Einrichtungsbedarf GmbH carried, Radius offers a replacement product that is comparable in terms of quality and price. If a comparable product is not or no longer available in the Radius range, Radius is entitled, as an alternative, to pay reasonable monetary compensation for the defect, the amount of which Radius determines at its own discretion.

Furthermore, there is a corrosion guarantee against rusting through of the metallic components of our products. Superficial rust formation is excluded.

Warranty claims must be asserted in writing immediately after learning of the defect within the warranty period.

However, if the cause of the damage is contributory negligence on the part of the customer, e.g. due to incorrect assembly, improper use and/or treatment, environmental influences (humidity, heat, overvoltage, dust, etc.), non-observance of the safety precautions applicable to the product, non-observance of the operating instructions, use of force (e.g. impact, impact, fall ), chemical effects, neglect of care, unauthorized modification and/or attempts to repair the product, sending it in packaging that is not safe for transport, dropping it, etc., the manufacturer's guarantee does not apply.

9. Liability
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation

• in the event of injury to life, limb or health,

• in the case of intentional or grossly negligent breach of duty,

• with guarantee promise, as far as agreed, or

• as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, which can only be carried out on the basis of the proper implementation of the contract, and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability shall depend on the foreseeable liability Damage that is typically expected to occur. Furthermore, claims for damages are excluded.

10. Dispute Settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

11. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

AGB created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.