is a website of Head&Gro OÜ. Registe ID EE12793023 is with local court in -Estonia. Contactable via phone: +368442577347 and email info( at ) nordicshaman.com.
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Terms and conditions.
§ 1 Scope
For the business relationship between “Head&Gro OÜ” (hereinafter referred to as: “NORDIC SHAMAN”) and the customer. With respect to the delivery of goods, the following general terms and conditions apply in the version that was valid at the time the order was placed. Deviating purchaser general terms and conditions of business shall be revocated, unless NORDIC SHAMAN has expressly consented to their validity in writing.
§ 2 Conclusion Contract
(1) Orders can be placed in any form (by phone, postal, fax, e-mail or over the Internet).
(2) The contract for an offered object comes without an express declaration of acceptance by NORDIC SHAMAN to the customer who issued the contract offer. In the sense of §151 sentence 1, 2 in the German Civil Code, the purchaser waives the right to an express declaration of acceptance. Sentence 1 is not valid when NORDIC SHAMAN rejects the offer within 3 working days (Monday through Friday) of its confirmed receipt as this pertains to para. 3.
(3) NORDIC SHAMAN shall send the customer an automatic acknowledgment of receipt by email, in which the contents of the order shall be listed again. The automatic acknowledgment of receipt only documents that NORDIC SHAMAN has received the order but does not represent acceptance of the order in accordance with the rules stated in para. 2. After the order has been received, NORDIC SHAMAN will review it for a short period of time, after which it shall inform the customer within three business days if the order cannot be accepted. Should NORDIC SHAMAN, after taking receipt of the order, realize that the information for a product is incorrect, then they, NORDIC SHAMAN, will also notify the purchaser thereof within the aforementioned deadline. The purchaser can confirm the order again under the changed conditions and trigger a new purchase order.
§ 3 Revocation
The purchaser has no right of return insofar as he, the purchaser, is a full buyer in the sense of the European Commercial Code, a legal person of public or private law or public special assets. If the purchaser is the end customer, he has the right to reject the job order without having to give any reason and shall do this within fourteen days of receipt, that is, from the day it or a third party the end customer has named. In order to exercise the right of revocation, the purchaser must inform NORDIC SHAMAN of its decision to revoke the purchase contract by means of a clear and unambiguous declaration (for example, a letter, fax or email sent through the postal service that is sent in a timely manner and accompanies the return of the goods purchased). The returned goods must be returned unused in the original packaging, along with the accessories and usage instructions. In Finland, the return is at the expense and risk of NORDIC SHAMAN. Buyers from all other countries bear the direct costs and the risk of return themselves. The return or the return request must be directed to: Head&Gro OÜ, phone: +358442577347, Email: info( at )nordicshaman.com. Consequences of revocation: Upon revocation, the payments received from the purchaser (with the exception of those costs that are incurred from placing the order and did not result from choosing standard delivery) must be returned within 14 days from the day NORDIC SHAMAN either receives the goods or obtains proof of their return shipment. Replacement value for the returned goods may be demanded in the event that they arrive damaged when they are returned (e.g. it is easy to see that it/they have already been used).
§ 4 Delivery
(1) In the case of a commercial transaction, the transfer of risk shall be effected when the goods are handed over to the freight forwarder. In the case of a consumer goods purchase, the transfer of risk occurs once the purchased goods are handed over to the purchaser. In both cases, the purchaser shall bear the cost of the delivery if it deviates from the provisions stated in § 5 (1), and the delivery takes place next warehouse to the delivery address provided by the purchaser. Delivery periods and deadlines that have not been expressly agreed on in writing as binding represent only non-binding information; the general regulations from § 275 BGB (impossibility and inability) apply.
(2) NORDIC SHAMAN is entitled to partial deliveries. Partial deliveries are considered independent deliveries for payment obligations, risk transfer and warranty obligations.
(3) Claims for damages are excluded with restriction according to § 311 European Civil Code.
§ 5 Prices, Delay
(1) If no other written agreem ent exists, the prices are set according to the currently valid NORDIC SHAMAN price list, which is available on the homepage or is made available to traders explicitly upon request. All previous prices lose their validity once a new price list is available. The prices are—unless otherwise stated—in addition to a VAT that may also possibly apply, and shipping costs for standard shipping that are applied to a purchase value starting at €20. The shipping costs that are incurred in the event that this order value falls below this €20 purchase amount, or those shipping costs that are incurred if an order is shipped express delivery are available on the NORDIC SHAMAN website upon completion of the order or upon request. In addition to the price for the goods, the following costs are also reported on the invoice for additional services: packaging, shipping, insurance and the VAT valid at the time of the invoice.
(2) NORDIC SHAMAN offers various payment options. Depending on the country of origin of the customer and his customer status, the purchase price can be paid by advance payment, cash on delivery, direct debit, credit card or invoice. In the case of payment on account, a payment term of 7 business days after the date of the invoice is deemed to be agreed unless otherwise agreed in writing. If the customer is in default of payment, NORDIC SHAMAN is entitled to charge default interest of 5% above the p.a. base rate announced by the European Central Bank. If NORDIC SHAMAN is able to prove damage caused by delay, NORDIC SHAMAN is entitled to assert them.
§ 6 Compensation, Retention
The purchaser shall not be entitled to rights to compensation unless his counterclaims are legally binding or expressly acknowledged by NORDIC SHAMAN. The purchaser is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 7 Reservation of Ownership
(1) The delivered goods remain the property of NORDIC SHAMAN until full settlement of all claims against the purchaser.
(2) The purchaser is entitled to dispose of the goods in the ordinary course of business. In this case, he assigns all claims against his customers or third parties from these transactions with all subsidiary rights as security for NORDIC SHAMAN. NORDIC SHAMAN hereby accepts this assignment. In the case of intended processing, connection or mixing, the assignment shall be made in the amount of the invoice value of the goods used. At the request of NORDIC SHAMAN, the purchaser shall notify the assignment to his debtor, and NORDIC SHAMAN shall provide the necessary information and documents for collecting the claim.
(3) The purchaser shall treat the goods delivered under retention of title carefully and, in the case of his own use, the goods shall be designated as a reservation property of NORDIC SHAMAN. He shall immediately notify NORDIC SHAMAN in writing in the event of attachment or other interventions by third parties. In all cases, the customer is obliged to notify NORDIC SHAMAN immediately thereof in writing and to inform the third party of the reservation of ownership or the assignment.
§ 8 Warranty, Repairs and Liability
(1) Information about the goods does not constitute a guaranteed condition or durability unless the guarantee is expressly and in writing by NORDIC SHAMAN.
(2) NORDIC SHAMAN partially grants a warranty of 1 years for selected products according to the respective product description, in addition to the statutory requirements of § 438 (1) No. 3 Commercial Civil Code.
(3) Insofar as the purchase is a commercial transaction for the purchaser, he shall examine the goods received for completeness, transport damage, obvious defects, quality and characteristics. Obvious defects are to be reported immediately to NORDIC SHAMAN, but at the latest within 7 calendar days after delivery. In case of non-compliance with these notification obligations, the goods are deemed to be approved, with the result that NORDIC SHAMAN is not obligated to warranty.
(4) The purchaser shall grant NORDIC SHAMAN a reasonable period of at least 14 days for each defect to be rectified. The supplementary performance shall be carried out by NORDIC SHAMAN at its own discretion by rectifying defects (rectification) or delivering a defect-free replacement (subsequent delivery).
(5) The warranty rights shall only be granted if the goods are shipped undistributed and sent to NORDIC SHAMAN within the said warranty obligation, complete with invoice and in an outer packaging, which excludes damage during transport.
(6) There is no warranty for defects and damages resulting from unsuitable or improper use, neglecting the instructions for use and use or faulty or negligent handling and maintenance. In addition, warranty rights are excluded in the case of interference with the goods by unauthorized bodies or persons. In addition, wearing parts are excluded from the warranty since there is no defect in the sense of the warranty under § 434 Civil Code.
(7) Any further liability (the Product Liability Act remains hereby unaffected) and is excluded without regard for the legal nature of the asserted claim. The extent that the liability of NORDIC SHAMAN is excluded or restricted also applies to the personal liability of its employees, representatives and vicarious agents.
(8) In addition to the warranty, the purchaser has the option of sending the goods to NORDIC SHAMANat his own expense for repair as per the cost estimate. Returns and repair requests can be made via the “Support” tab under the keyword “RMA” on www.nordicshaman.com.
(9) Goods that are sent to NORDIC SHAMAN for a cost estimate or repair must be collected at NORDIC SHAMAN by the customer at the latest 3 months after receiving a pick-up request. Otherwise, NORDIC SHAMAN will no longer be liable for negligent damage or destruction of the repair item. A notification of disposal must be sent to the customer one month before expiration of this period. The seller is entitled to dispose of the repair item after this period expires.
§ 9 Data Security
NORDIC SHAMAN warrants that the personal data submitted by the purchaser during the course of the order is only processed, stored and used for internal market research and marketing purposes in connection with processing the order. NORDIC SHAMAN will only pass on personal data to other companies (for example, parcel services) to the extent that it is necessary for order processing. If the purchaser does not wish NORDIC SHAMAN to use this data for internal purposes, the purchaser is entitled to revoke this use at any time by sending a corresponding informal message to NORDIC SHAMAN.
§ 10 Applicable Law and Jurisdiction
(1) The laws of the Federal Republic of Estonia shall apply to contracts subject to these general terms and conditions as well as to other legal relations with reference to these general terms and conditions between NORDIC SHAMAN and the purchaser, with the exclusion of national collision norms.
(2) The NORDIC SHAMAN headquarters in Tallin is agreed on as an exclusive court of jurisdiction for all disputes arising directly from the business relationship to the extent the purchaser is a merchant in the sense of the German Commercial Code, a legal person of the public or private law or public special fund.
§ 11 Severability Clause
The validity of the general terms and conditions of business shall not be affected should a regulation contained in these general terms and conditions be or becomes ineffective or impracticable. The statutory provisions shall apply to and replace the invalid provision.
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