Terms and Conditions
1. Area of application
The following terms and conditions apply to all orders placed by consumers and entrepreneurs via our online shop.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business or profession.
The following applies to entrepreneurs: If the businessperson uses conflicting or supplementary general terms and conditions, their validity is hereby rejected. They will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, possibility of corrections
The contract is concluded with DYNAMICNORD GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can place our products in the shopping basket without obligation and change your entries at any time before submitting your binding order by using the correction options provided for this purpose and explained during the ordering process. The contract is concluded by clicking on the order button, which indicates your acceptance of our offer regarding the products contained in the shopping basket. Once you have sent your order, you will immediately receive a confirmation by e-mail.
3. Language of the contract, storage of the text of the contract
The language(s) available for concluding the contract: English, German, French, Spanish, Italian. We will store the text of the contract and send you the order details and our terms and conditions on a durable medium. For security reasons, the text of the contract is not accessible via the Internet.
4. Subject matter of the contract
4.1 Product description
Reference is made to the validity of the relevant product description as an integral part of the contract.
4.2 Product illustrations
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us if you have any queries: Due to individual screen configurations (e.g. resolution and brightness), there may be slight variations between the colours displayed and the actual colours of the product.
5. Delivery conditions
5.1 Delivery charges
Delivery charges may apply to the product prices displayed. Further information on delivery charges, where applicable, will be explained within individual product listings.
5.2 Delivery options
We ship products to the delivery address provided during the order process. We only dispatch goods en route, collection by the customer is not possible.
6. Payment
6.1 Due date and default
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: in the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the loss incurred is less. Further claims remain unaffected.
The following applies to entrepreneurs: in the event of late payment, we reserve the right to charge you statutory interest on arrears of nine percentage points above the base rate plus a lump sum of 40 euros. Further claims remain unaffected.
6.2 Payment methods
The following payment methods are available in our shop.
Payment in advance
If you choose to pay in advance, we will send you a separate email with our bank details and ship the goods on receipt of payment.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), you must be registered with PayPal, enter your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. You will receive further instructions during the order process.
PayPal can offer registered PayPal customers, selected according to their own criteria, additional payment methods in their customer account. However, we have no influence on the offer of these methods; other payment methods offered individually affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. You will find further information within the respective payment option and in the ordering process.
PayPal
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, enter your access data and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after placing the order.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal.
You can find more information on this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after your order has been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal is subject to an address and credit check, the payment is made directly to PayPal. By confirming the payment order, you grant PayPal a direct debit mandate. You will be notified by PayPal of the date on which your account will be debited. Your account will be debited before the goods are dispatched.
Invoice payment via PayPal
Payment via PayPal is subject to an address and credit check. Payment is made directly to PayPal.
Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we have checked your creditworthiness.
7. Right of cancellation
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Businesses do not have a voluntary right of cancellation.
8. Retention of title
The goods remain our property until payment has been made in full. The following also applies to companies - we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business. You hereby assign to us in advance all claims arising from such resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice, and we accept this assignment. You shall remain entitled to collect the claims; however, we shall also be entitled to collect the claims ourselves if you fail to meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. Transport damage
The following applies to consumers: if goods are delivered with obvious transport damage, please complain to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us will have no effect on your statutory rights and their enforcement, particularly your warranty rights. It will, however, assist us in asserting our own claims against the carrier or transport insurance company.
The following applies to businesses: the risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, carrier or other person or organisation responsible for carrying out the shipment.
10. Data backup
You are responsible for the proper and regular backup of your data. We will not be liable for any loss arising from the loss of data if you could have avoided the loss of data by regularly and fully backing up your data. The above limitation does not apply to claims based on damage caused by us, our legal representatives or agents.
- in the event of injury to life, limb or health
- in the event of wilful or grossly negligent breach of duty and fraudulent intent
- in the event of a breach of material contractual obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the other party may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if this has been agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
11. Warranty and guarantees
11.1 Warranty for defects
The statutory law on liability for defects applies.
11.2 Warranties and customer service
Information on any additional voluntary warranties that may apply and their exact terms can be found with the product and, where applicable, on specific information pages in the online store. Customer Service: Our customer service is available for queries, complaints and claims on working days from 9.00 to 17.00 by telephone on +49 (0)8061 389833-0 and by email at info@dynamicnord.com.
12. Liability
We are in any case liable without limitation for claims for damages caused by us, our legal representatives or legal agents:
- in the event of injury to life, limb or health,
- in the event of an intentional or grossly negligent breach of duty,
- in the case of guarantees, if agreed, or
- to the extent that the scope of the Product Liability Act is opened
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
13. Code of conduct
We have signed up to the following codes of conduct:
14. Dispute resolution
The European Commission provides an Online Dispute Resolution (ODR) platform which can be accessed here. To resolve disputes arising from a contractual relationship with a consumer or the existence of such a relationship, we will participate in a dispute resolution procedure before a consumer dispute resolution body.
15. Final provisions
If you are a businessperson, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between us and you shall be our registered office.