General terms
General Terms and Conditions of Nova Luxo
Definitions and Scope
1.1 In these General Terms and Conditions, the following terms have the following meanings:
- Offer: The products offered by the intermediary.
- Intermediary: Nova Luxo;
- Order: The product ordered by the buyer, for which a contract has been concluded;
- Withdrawal Period: The period during which the consumer can exercise their right of withdrawal;
- Consumer: The individual acting for purposes not related to their trade, business, or profession, who enters into a remote contract with an intermediary;
- Dropshipping: The buyer places an order via the website, where the intermediary receives the order and is authorized to act as an intermediary, thereby establishing a contract for one or more products between the buyer and the supplier, with payment made through the intermediary in accordance with the contract, and the supplier delivers the product directly to the buyer;
- Form: The withdrawal form provided by the supplier, which a consumer may fill out when exercising their right of withdrawal, as outlined in the appendix to the terms;
- Right of Withdrawal: The consumer’s option to withdraw from the contract within the withdrawal period;
- Buyer: The person with whom a contract is concluded on behalf of the supplier;
- Supplier: The supplier of a product;
- Agreement: An agreement between the buyer and the supplier, concluded via an intermediary for the purchase of products, using only remote communication methods for concluding the agreement;
- Product: A product offered through the supplier's website within the framework of dropshipping;
- Written: Any digital communication using characters that can be stored on a durable medium, with the method determined by the intermediary;
- General Terms and Conditions: The general terms and conditions established by Nova Luxo as an intermediary.
1.2 These terms apply to every offer by an intermediary, every order, and every agreement, including additions or modifications and subsequent agreements.
1.3 The application of the buyer’s general or purchasing conditions to the intermediary is explicitly rejected.
1.4 Articles 11.5, 11.6, 12, 13, and 14 of the General Terms and Conditions apply only to consumers.
1.5 Should any provision of these General Terms and Conditions be wholly or partially invalid at any time, the contract and these terms shall otherwise remain in force, and the relevant provision will immediately be replaced by a provision mutually agreed upon that aligns as closely as possible with the intent and purpose of the original provision.
Dropshipping
2.1 Details of the supplier are listed on the website.
2.2 If the supplier is not based in Ireland, the ordered product is registered in the buyer’s name. The buyer is responsible for any additional costs, such as VAT, customs fees, and other government charges.
2.3 Prices stated in the offer exclude VAT and other government charges, as well as shipping and packaging costs unless expressly stated otherwise.
2.4 Payment for the order is made through an intermediary, who then pays the supplier on behalf of the buyer.
2.5 The difference between the amount paid by the buyer for the order and the amount paid by the intermediary to the supplier is considered compensation for the services provided by the intermediary.
Offer
3.1 Every offer by an intermediary has a limited validity period, i.e., until a product is out of stock or unavailable from the supplier ("expires") or can no longer be ordered through the website.
3.2 If an offer is made under specific conditions, this will be explicitly stated in the offer.
3.3 Every offer is non-binding. The intermediary is entitled to modify the offer at any time.
3.4 Each offer includes a complete and as accurate as possible description of the products to allow a correct assessment by the buyer. Product images represent an accurate depiction of a product. The intermediary cannot guarantee that the displayed colors exactly match the actual colors of a product. When placing an order, the buyer can assess the product, image, and product description considering the above.
3.5 All illustrations and descriptions of a product are indicative and cannot serve as grounds for compensation or contract termination in the event of inaccuracies and/or deviations unless they differ to such an extent from the essential product characteristics that it is actually a different product than the one the buyer intended to order.
3.6 Any offer containing an obvious typographical or apparent error that the buyer could reasonably expect or understand does not need to be honored by the intermediary. The buyer cannot derive rights from such an error or mistake.
Agreement
4.1 Subject to the provisions of Article 4.5, a contract is concluded at the time the buyer accepts the offer and places the order according to the specified terms.
4.2 The agreement is made in English unless the intermediary provides the terms and further communication in another language on the website. In this case, the buyer may conclude a contract in their preferred language and communicate with the intermediary in that language.
4.3 If the buyer accepts the offer electronically, the intermediary will promptly confirm receipt of the acceptance electronically, thereby finalizing the contract. Until the intermediary confirms receipt of the acceptance, the buyer may terminate the contract.
4.4 The intermediary takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure environment. The intermediary will apply reasonable security measures if the buyer is able to pay electronically.
4.5 The intermediary may inquire about the buyer’s ability to fulfill their payment obligations, as well as any other information relevant to responsibly concluding the contract. If the intermediary has legitimate reasons not to proceed with the contract, it is entitled to reject the acceptance or order or impose special conditions on its execution.
4.6 The buyer ensures that all information designated as necessary by the intermediary, or that the buyer reasonably ought to recognize as necessary, is provided to the intermediary in a timely manner. If such information is not provided in time, the intermediary has the right to suspend the contract’s fulfillment and/or charge the buyer for any additional costs incurred due to the delay at the intermediary’s standard rates.
4.7 The intermediary is not liable for any damages resulting from reliance on incorrect and/or incomplete information provided by the buyer, unless the intermediary was aware of the inaccuracy or incompleteness.
Pricing
5.1 The prices listed in the offer are based on the cost factors in effect at the time of concluding the contract, such as import and export duties, freight and unloading charges, insurance, and any taxes and levies. Any favorable or unfavorable differences at the time of arrival, departure, or delivery will be to the benefit or detriment of the buyer.
5.2 The prices in the offer are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of typographical errors, the intermediary is not obligated to deliver the product at the incorrect price.
5.3 A composite offer does not obligate the intermediary to deliver part of the goods included in the offer at a corresponding part of the indicated price.
Conformity and Warranty
6.1 Subject to the provisions set out in the General Terms and Conditions, the products comply with the contract, the specifications listed in the offer, reasonable requirements of reliability and/or suitability for a specific purpose, as well as the legal provisions and regulations that are in force on the day the contract is concluded.
6.2 The intermediary points out that certain products have a limited minimum shelf life, which is indicated on the respective product. The buyer must take this shelf life into account to ensure the product’s quality and safety in accordance with the supplier’s warranty.
6.3 Any defects or incorrectly delivered products must be reported in writing to the intermediary within four (4) weeks of delivery. The products must be returned in their original packaging and unused.
6.4 The intermediary’s warranty period corresponds to the manufacturer’s warranty period. However, the intermediary is never responsible for the final suitability of the products for an individual application by the buyer, nor for any advice on the use or application of the products.
6.5 In the event of a warranty claim, the intermediary will, at its discretion, provide a replacement or repair. In the case of a replacement, the buyer agrees to return the replaced item to the intermediary.
6.6 The warranty does not apply if:
- The buyer has repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;
- The delivered products were exposed to abnormal conditions or were otherwise handled negligently or contrary to the intermediary’s instructions and/or the instructions on the packaging;
- The defect is entirely or partially due to regulations set by the government regarding the nature or quality of the materials used.
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Delivery and Execution
7.1 The intermediary will handle product orders with the utmost care.
7.2 The delivery address is the address provided by the buyer to the intermediary when placing the order.
7.3 The intermediary will promptly forward and execute accepted orders.
7.4 All delivery times are non-binding. For products sourced from outside Ireland, delivery times may exceed those stated on the website. These times depend on the supplier’s delivery schedule. The buyer cannot derive any rights from these indicated periods.
7.5 If an order cannot be fulfilled or can only be partially fulfilled, the buyer will be informed within 30 days of placing the order.
7.6 The intermediary has the right to deliver goods in parts, unless otherwise agreed, or if partial delivery has no independent value. The intermediary is entitled to invoice separately for goods delivered in this way. Exceeding a delivery date does not entitle the buyer to compensation.
7.7 The delivery times indicated on the website are merely indicative.
7.8 If the specified delivery time is exceeded, the buyer does not have the right to terminate the contract or claim compensation, unless explicitly agreed otherwise.
7.9 In the event of termination under the provisions of paragraph 3 of this article, the intermediary will refund the amount paid by the buyer as soon as possible, but no later than 14 days after termination.
7.10 If delivery of an ordered product is impossible, the intermediary will make every effort to provide a substitute item. Clear and understandable notification of a substitute item will occur no later than at the time of delivery. The right of withdrawal cannot be excluded for substitute items. The intermediary will cover the cost of return shipping.
7.11 The risk of damage and/or loss of the products lies with the intermediary until the time of delivery to the buyer or a representative designated in advance and communicated to the intermediary, unless explicitly agreed otherwise. The acceptance of goods without comments on the delivery note/invoice is considered proof that the packaging was in good condition at the time of delivery.
Payment
8.1 Unless otherwise agreed, amounts due from the buyer under the contract are payable immediately after placing the order.
8.2 The buyer is required to notify the intermediary promptly of any inaccuracies in the provided payment details.
8.3 If the buyer fails to fulfill payment obligations in a timely manner, they must pay statutory interest on the outstanding amount, and if the buyer is not a consumer, they must pay statutory commercial interest. Additionally, the intermediary is entitled to charge extrajudicial collection costs incurred by or on behalf of the intermediary. The collection costs will be calculated in accordance with the Law and Regulations on the Compensation of Extrajudicial Collection Costs.
Force Majeure
10.1 The intermediary is not liable to the buyer if obligations under the contract cannot be fulfilled due to force majeure. Force majeure includes, in any case:
- Force majeure on the part of the supplier;
- Government actions and restrictions;
- Power outages;
- Interruptions of the internet, data network, and telecommunications facilities, such as those caused by cybercrime and hacking;
- Natural disasters;
- War and terrorist attacks;
- General transportation issues and restrictions;
- Strikes by suppliers or representatives;
- And other situations beyond the intermediary’s control that temporarily or permanently prevent the fulfillment of obligations.
10.2 During the period of force majeure, obligations under the contract are suspended. If this period lasts longer than two months, either party is entitled to terminate the contract without obligation to compensate the other party or the intermediary.
10.3 To the extent that the contractor has already partially fulfilled its obligations under the contract or can fulfill them at the time of force majeure, and the completed or pending portion has an independent value, the contractor is entitled to invoice for the completed or pending portion separately. The buyer is required to pay this invoice as if it were a separate contract.
Data Protection
11.1 The buyer's (personal) data will be stored in a database. These data are primarily used to execute the contract. Upon request, the intermediary may send the buyer information about its products, such as newsletters and offers. The buyer may object to the use of personal data for direct marketing purposes and/or to the (further) receipt of (specific) marketing information at any time by notifying the intermediary.
11.2 The buyer agrees to the use of electronic communication. The buyer acknowledges that, despite all reasonable security measures taken by the intermediary, electronic communication is not secure and can be intercepted, manipulated, infected, delayed, or misdirected, including through viruses and spam filters. The intermediary also cannot guarantee absolute security against unauthorized access.
11.3 The intermediary will take reasonable measures to ensure the confidentiality and secure storage of (personal) data.
11.4 In fulfilling the contract, (personal) data may also be transferred to countries outside the European Union, such as to a supplier in China, as otherwise the contract between the buyer and the supplier cannot be fulfilled, and delivery of the order to the buyer by the supplier cannot take place. The intermediary will, however, provide contractual guarantees in this regard.
11.5 A buyer who is a consumer has the right to request in writing that the contractor grant access to, and/or (if applicable) correct, supplement, delete, or block personal data processed by the contractor. A request for access and/or correction must be directed to the intermediary’s management. Upon the buyer's first request, the stored personal data will be provided, corrected, or deleted.
11.6 The buyer’s personal data, if they are a consumer, will not be shared with third parties unless the intermediary is legally required to do so or if this is necessary for the execution of the contract.
Consumers
12.1 For consumers, prices are indicated inclusive of VAT, taxes, and shipping costs.
12.2 Before a contract with a consumer is concluded, the text of the general terms and conditions will be made available to the consumer (electronically) in a way that allows them to easily save it on another durable medium. If this is not reasonably possible, the location and method of electronic access to the general terms and conditions will be indicated before concluding the contract, and the general terms and conditions will be provided to the consumer electronically or otherwise at no cost upon request.
12.3 For the benefit of the consumer, the intermediary will make the following information available on the website or ensure that it can be stored and retrieved on a durable medium:
- Conditions and procedures for submitting complaints;
- Conditions and methods for exercising the consumer’s right of withdrawal, or a clear statement that this right is excluded;
- Information about warranties and customer service; and
- A form.
12.4 For the exercise of all legal rights the consumer has against the provider, the consumer may contact an intermediary, as long as this is in line with the general terms and conditions.
12.5 Any warranty provided by or on behalf of the intermediary or supplier does not affect the consumer’s statutory rights under the contract with the intermediary.
12.6 In cases where Article 7.5 applies, a buyer who is a consumer has the right to terminate the contract at no cost for products that cannot be delivered or cannot be delivered within a reasonable period.
12.7 The intermediary may deviate from Article 8.3 regarding collection costs for the consumer.
Right of Withdrawal
13.1 When purchasing products, a consumer has the right to terminate the contract within 14 days without giving reasons. This withdrawal period begins on the day after the consumer or a previously designated representative, as communicated to the intermediary, receives the product.
13.2 During the withdrawal period, the consumer must handle the product and its packaging carefully. The consumer may only unpack or use the product to the extent necessary to decide if they wish to keep it. If they exercise their right of withdrawal, the consumer must return the product to the intermediary with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable instructions provided by the intermediary.
13.3 If the consumer wishes to exercise their right of withdrawal, they must inform the intermediary within 14 days of receiving the product via the form. After the consumer has informed the intermediary that they wish to exercise their right of withdrawal, they must return the product to the intermediary or supplier within 14 days. The consumer must provide proof that the products were returned on time.
13.4 If the consumer does not notify within the periods specified in Articles 13.2 and 13.3 that they wish to exercise the right of withdrawal or fails to return the product to the intermediary, the purchase becomes final.
The following products are excluded from the right of withdrawal:
a) Products that are clearly personal in nature; b) Products that cannot be returned due to their nature; c) Products that can spoil or age quickly; d) Products subject to financial market fluctuations beyond the intermediary’s control; e) Audio and video recordings, as well as computer software with broken seals after delivery; f) Sealed products that cannot be returned for health or hygiene reasons with broken seals after delivery; and g) Products made to consumer specifications or clearly tailored to the consumer’s needs.
Costs of Withdrawal
14.1 If a consumer exercises their right of withdrawal, they bear the cost of returning the goods.
14.2 If a consumer has made a payment, the intermediary will refund this amount as soon as possible, but no later than 14 days after receiving the withdrawal. The refund will be made using the same payment method used for the purchase, unless the consumer expressly agrees to an alternative method and the intermediary accepts it. A condition for the refund is that the product has already been received by the intermediary or supplier or conclusive proof of complete return is provided.
14.3 In the event of damage to the product due to improper handling by the consumer, the consumer is liable for any depreciation in value of the product.
Complaints and Disputes
15.1 If the buyer has a complaint, they must inform the intermediary in writing.
15.2 A complaint does not suspend the buyer's or intermediary's obligations unless the intermediary provides written confirmation to the contrary.
15.3 A complaint regarding the execution of the contract must be submitted in writing, with a justification, within seven (7) days after the defect is discovered.
15.4 A response to a complaint must be given within 14 days of receipt by an authorized representative. If a complaint requires foreseeably longer handling times, the complainant will be notified within 14 days and informed of the period within which the complaint will be processed.
15.5 The intermediary always has at least four (4) weeks to settle a complaint amicably. After this period, the complaint will be regarded as a dispute as per Article 15.8.
15.6 If the intermediary finds a complaint to be justified, it will, at its discretion, replace or repair the delivered products free of charge. If a complaint cannot be resolved amicably, it will be considered a dispute under Article 15.8.
15.7 If the complainant is a consumer, they may also refer the matter to a dispute resolution body through the European ODR Platform (https://ec.europa.eu/consumers/odr/).
15.8 All disputes arising from or in connection with the contract, or to which the terms apply, shall be exclusively governed by the laws of Ireland and subject to the exclusive jurisdiction of the courts, regardless of the buyer’s or a third party's residence, unless mandatory legal provisions assign jurisdiction to another court.
15.9 The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.