Terms of service

This English version is provided for convenience; the German version is legally binding.

§ 1 General provisions
(1) These terms and conditions apply to all contracts, deliveries and other services of Nobelclean Diamonding Service GmbH, Theaterstr. 22, 53111 Bonn (hereinafter: “Seller”) relating to this online shop. Deviating terms of customers do not apply unless the Seller has confirmed them in writing. Individual agreements between the Seller and customers always take precedence.
(2) The business relations between the Seller and customers are governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(3) The language of the contract is German.
(4) The place of jurisdiction is Bonn if the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law. The same applies if a customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is not known at the time the action is filed.
(5) We deliver to Germany, Austria and Switzerland. For deliveries to Switzerland, import charges (such as customs duties and Swiss VAT) as well as fees charged by the shipping provider for customs clearance may also be incurred; these are borne by the customer unless they have already been shown and charged during the ordering process.
(6) The Seller participates in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). The competent body is the Universalschlichtungsstelle des Bundes (Federal Universal Arbitration Board), Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.universalschlichtungsstelle.de.

§ 2 Contract content and conclusion of the contract
(1) In this online shop, the Seller offers customers new goods, in particular cleaning supplies, for purchase.
(2) When shopping in the online shop, a purchase contract is concluded when the Seller accepts the customer’s order. Prices displayed in the online shop do not constitute an offer in the legal sense. Receipt and acceptance of the order are confirmed to the customer by e-mail.
The customer may also enquire with the Seller about a specific item by telephone, e-mail, fax or letter. Upon receipt of such an enquiry, the Seller will submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.
(3) The text of the contract is stored by the Seller. The customer receives the order details with the order confirmation by e-mail. These terms and conditions can be accessed at any time at /en/policies/terms-of-service in this online shop, where they can be saved and printed. The customer can also view their orders in their customer account.

§ 3 Prices, shipping costs, VAT and payment
(1) For orders placed via the online shop, the prices stated there apply. All prices include statutory VAT.
(2) Prices are exclusive of shipping and packaging costs, which are notified to the customer before the order is placed; for deliveries to Switzerland, sentence 4 applies.
The amount of the shipping costs depends on the destination: shipping within Germany is free of charge; shipping costs apply to deliveries to Austria. They are stated in the shipping policy of this online shop and displayed during the ordering process. The shipping costs for deliveries to Switzerland are calculated manually after the order and invoiced to the customer in addition. No shipping costs apply to collection (§ 4 (1)).
(3) The customer may use the payment methods that are stated in the online shop and displayed during the ordering process. If the Seller offers payment in advance by bank transfer and the customer chooses this payment method, payment is due no later than 24 calendar days after conclusion of the contract.
(4) If a customer is in default of payment, the Seller may claim damages in accordance with the statutory provisions and/or withdraw from the contract.
(5) The Seller always issues the customer with an invoice, which is handed over on delivery of the goods or otherwise provided in text form.

§ 4 Delivery and transfer of risk
(1) Unless otherwise agreed in the contract, the ordered goods are delivered to the address specified by the customer. Delivery is made from the Seller’s warehouse. Collection is possible at: Bonner Str. 25 M, 53773 Hennef/Sieg, Germany. Collection is free of charge; the goods can be collected after the Seller has notified the customer by e-mail that they are ready.
(2) The availability of the individual goods is stated in the item descriptions. Unless expressly agreed otherwise, the Seller dispatches goods in stock within 1–2 working days after the payment has been instructed (for payment in advance by bank transfer: within 1–2 working days of receipt of payment). After dispatch, delivery usually takes 2–4 working days within Germany and 1–4 working days to Austria; for deliveries to Switzerland, customs clearance is added. If, in the case of a sale via the online shop, the goods are marked as not in stock, the Seller will endeavour to deliver as quickly as possible. Information provided by the Seller on delivery times is non-binding unless the Seller has exceptionally made a binding commitment to a delivery date.
(3) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover. If the customer is an entrepreneur (Unternehmer), in the case of a sale by dispatch (Versendungskauf) the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the customer as soon as the goods are delivered to the forwarding agent, the carrier or any other person or entity designated to carry out the shipment.

§ 5 Refill subscription
(1) For the NC1 Refill Canister 5 l, the NC1 Supply Canister 5 l and the NC13 Heavy-Duty Cleaner 5 l, the Seller offers a refill subscription in addition to single purchases. The refill subscription is a contract for the regular delivery of the selected product. It is processed via the “Shopify Subscriptions” app.
(2) The customer selects the “Refill subscription” option and one of the delivery intervals offered on the product page. The contract is concluded in accordance with § 2 (2). Before placing the order, the customer is shown the selected delivery interval and the subscription price. The customer manages their subscription in their customer account, which is linked to the e-mail address provided when ordering.
(3) The refill subscription is delivered every three months or every six months, as chosen by the customer. The first delivery is triggered by the order and dispatched in accordance with § 4. Each further delivery is triggered automatically as a new order at the selected interval, calculated from the date of the first order (order date). The customer can view the next order date in their customer account.
(4) With the refill subscription, the customer receives a 10% discount on the single-item price that applies to the product in the online shop when the subscription is taken out (subscription price). The subscription price applies to all deliveries of the subscription as long as no price change under paragraph 7 has taken effect. Shipping costs in accordance with § 3 (2) are added for each delivery.
(5) Each delivery is paid for using the payment method that the customer provided with the first order. The amount is charged automatically on the respective order date. The refill subscription can only be taken out with payment methods that allow recurring payments; these are shown during the ordering process. If a payment cannot be made, the Seller will notify the customer by e-mail; the delivery concerned is only dispatched after successful payment.
(6) The refill subscription has no minimum term. The customer may cancel it at any time without giving reasons: in their customer account, by e-mail to rh@nobelclean.de or using the button “Cancel contracts here” (German: “Verträge hier kündigen”) on the page /en/pages/vertraege-kuendigen of this online shop. If the cancellation is received no later than one day before the next order date, no further delivery is triggered. If it is received later and the next order has already been triggered, this delivery is still carried out and charged; the subscription then ends. The consumer’s statutory right of withdrawal remains unaffected. The Seller may cancel the refill subscription by giving four weeks’ notice in text form, for example if a subscription product is no longer offered. The right of both parties to terminate for good cause (extraordinary termination) remains unaffected.
(7) If the single-item price of a subscription product changes in the online shop, the subscription price for ongoing subscriptions remains unchanged. The Seller will notify the customer in text form of any increase in the subscription price at least four weeks before the order date from which it is to apply. The increase only takes effect if the customer agrees to it. If the customer does not agree, the subscription continues at the previous subscription price; the Seller may then cancel it in accordance with paragraph 6.

§ 6 Right of retention
The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 7 Liability for material defects and defects of title
(1) Where defects exist, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
If only merchants are party to the contract, Sections 377 et seq. of the German Commercial Code (HGB) also apply.
(2) Damage caused by improper handling by the customer during installation, connection, operation or storage of the goods does not give rise to a warranty claim against the Seller.
The customer can find information on the proper handling of the goods in the manufacturer’s descriptions.
(3) The customer must notify the Seller of defects within a warranty period of two years for new items and one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. For used items, any warranty towards entrepreneurs is excluded.
The above limitations of liability do not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods, nor to claims for damages by the customer that are directed at compensation for injury to body or health due to a defect for which the Seller is responsible, or that are based on intent or gross negligence on the part of the Seller or its vicarious agents.
(4) If there are defects and these have been notified in good time, the Seller is entitled to subsequent performance. If subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. In all other respects, the statutory provisions apply.

§ 8 Duty to provide information in the event of transport damage
If goods are delivered with obvious damage to the packaging or contents, the customer should, without prejudice to their warranty rights (§ 7), complain about this immediately to the forwarding agent/carrier and contact the Seller without delay by e-mail or by other means (fax/post), so that the Seller can safeguard any rights against the forwarding agent/carrier.

§ 9 Limitation of liability
(1) Outside of liability for material defects and defects of title, the Seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. The Seller is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardises the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer regularly relies), but in each case only for the foreseeable damage typical of the contract. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned above.
(2) The limitations of liability in the preceding paragraph do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product, or for fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
(3) Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.