Terms and Conditions
General terms and conditions of sale, delivery, and payment for online trading via the NOYTO online store of NOYTO GmbH, Munich (as of September 2024)
1. Scope
(1) The following general terms and conditions (hereinafter also: "GTC") apply exclusively to all contracts concluded with us, NOYTO, Scheleissheimer Str. 388, 80809 Munich, via the NOYTO online store (hereinafter: NOYTO online store). We expressly reserve the right to make changes to the GTC. The current version can be viewed under the keyword "GTC" on our website. During the ordering process, the customer is given the option of viewing, printing, and saving the GTC. By completing the order, the customer accepts the GTC.
(2) Any deviating terms and conditions of the customer that we do not expressly accept in writing are not binding for us, even if we do not expressly object to them or have not objected to them. If the customer places orders on third-party forms or sends orders to us via the Internet or electronically, this does not affect the validity of these General Terms and Conditions.
2. Conclusion of Contract
(1) The representations of our goods in the NOYTO online store merely represent non-binding product recommendations and not binding offers. The images in the NOYTO online store on which our products are shown may show other items (e.g., decorative material, other items of clothing, accessories) in addition to our products. These items are not part of the respective product and therefore are not the subject of an order.
(2) The customer only makes a binding offer when ordering the goods in the NOYTO online store. When ordering, the customer assures that the information he provides is correct and complete.
(3) A contract is only concluded when we confirm this order, and the customer receives the order confirmation by email. In this case, the contract with us, i.e.:
NOYTO
Scheleissheimer Str. 388
80809 Munich
info@noyto.com
has been concluded.
(4) We are not obliged to accept an order.
3. Right of Withdrawal
When you purchase items from the NOYTO online store, you have a legal right of cancellation. To make it easier for you to exercise this right, a return form is included with every shipment. You can use the returns service free of charge. Please stick the DHL sticker clearly visible on your package and drop it off at any DHL shop or post office. If no return form was included with your shipment or if you do not have a printer available to print out the return sticker, please contact our customer service (see also Section 8, info@noyto.com).
Cancellation Policy
You have the right to cancel the contract within fourteen days without giving any reason. The cancellation period is 14 days and begins on the day on which you or a third party designated by you, who is not the carrier of the goods, takes receipt of the goods or, in the case of partial deliveries, the last delivery.
To exercise your right of withdrawal, you must inform us (NOYTO, Scheleissheimer Str. 388, 80809 Munich, info@noyto.com) of your decision to withdraw from this contract by means of a clear statement (e.g., by letter or email). You can use the sample withdrawal form printed at the end of this cancellation policy. However, this is not mandatory.
You can also exercise your right of withdrawal by using the contact form on our website and submitting the completed model withdrawal declaration or another clear declaration.
If you exercise your right of withdrawal, we will send you a confirmation of receipt of your withdrawal immediately after receipt of the withdrawal (e.g., by email).
To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired.
Consequences of Revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us (NOYTO, Scheleissheimer Str. 388, 80809 Munich) promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling which is not necessary to check their quality, properties, and functioning.
Sample Cancellation Form
If you would like to use the form below, please send it back to us:
NOYTO
Scheleissheimer Str. 388
80809 Munich/Germany
info@noyto.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification on paper)
Date
(*) Delete as appropriate.
4. Prices – Terms of Payment
(1) Our prices listed at the time of the order apply. These prices are final prices, i.e., they include the statutory German VAT.
(2) We offer DHL’s Cash On Delivery (COD) service as payment method. We reserve the right not to accept certain payment methods for each individual order.
(3) If the customer chooses advance payment, he undertakes to pay the full invoice amount immediately after receipt of the payment confirmation. If the invoice amount has not been received by us within four days of confirmation of the order, the customer will receive a payment reminder by email. If the invoice amount has not been received by us within seven days of confirmation of the order, we reserve the right to cancel the order.
(4) Shipping costs are to be borne by the customer. The shipping costs to be paid by the customer are specified in the shipping costs overview in the NOYTO online store.
(5) The customer agrees to receive invoices and credit notes exclusively in electronic form.
(6) We automatically arrange refunds to the account that the customer used for payment.
5. Delivery
(1) We currently deliver to the following countries: Germany, Belgium, France, Netherlands, Austria, Switzerland.
(2) We will only deliver the goods once we have received the purchase price and the shipping costs to be paid by the customer in full.
(3) After receipt of payment, we will deliver to the delivery address specified by the customer.
(4) The customer will be informed about the delivery time when choosing the shipping method in the NOYTO online store. The delivery time may be extended to a reasonable extent if events occur (e.g., force majeure) which significantly complicate the delivery time and over which we have no influence. We will inform the customer of this immediately.
6. Retention of Title
The ordered goods remain our property until they have been paid for in full.
7. Warranty
The warranty is based on the statutory provisions.
8. Liability
(1) In the event of intent or gross negligence, we shall be liable without limitation.
(2) In the event of slight negligence, we are liable without limitation for injury to life, body, or health. In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable, typically occurring damage. Material contractual obligations are those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. Any further liability for damages is excluded—regardless of the legal nature of the asserted claim.
(3) To the extent that our liability for damages towards the customer is excluded or limited in accordance with Section 8 Paragraph 2, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives, and vicarious agents.
(4) The above limitations and exclusions of liability shall not affect liability under the Product Liability Act.
9. Customer Service
Our customer service is available Monday to Friday from 9:00 a.m. to 5:00 p.m. via email at info@noyto.com or by phone at +49 15231308068.
10. Applicable Law
These General Terms and Conditions and the entire legal relationship between the customer and us are subject exclusively to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.