General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions (1) These terms and conditions apply to contracts that you enter into with us as the provider (NOX Cycles Austria Gmbh) via the website www.noxcycles.com/. Unless otherwise agreed, we oppose the inclusion of any terms and conditions you may use. (2) A consumer in the sense of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither related to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership acting in the course of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract (1) The subject matter of the contract is the sale of goods. (2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description. (3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal details, as well as payment and shipping conditions, you will be shown a final order summary. If you use a direct payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page on our online store or redirected to the website of the payment provider. If redirected, you will make the necessary selections or enter your details there. Finally, the order summary will be displayed on the payment provider's website or after being returned to our online store. Before submitting the order, you have the option to review and change the details in the order summary (also via the "back" function of your browser) or cancel the order. By submitting the order via the corresponding button ("place order," "buy now," "order for payment," "pay now," or similar designation), you declare your binding acceptance of the offer, thereby concluding the contract. (4) Your requests for creating an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., via email), which you can accept within 5 days (unless a different deadline is specified in the offer). (5) The processing of the order and the transmission of all information necessary for the conclusion of the contract takes place via email, partially automated. Therefore, you must ensure that the email address you have provided is correct, that you can receive emails, and that they are not blocked by spam filters.
§ 3 Right of Retention, Retention of Title (1) You may only exercise a right of retention if the claims arise from the same contractual relationship. (2) The goods remain our property until the full payment of the purchase price has been made.
§ 4 Warranty (1) The statutory warranty rights apply. (2) As a consumer, you are asked to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights. (3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed about it before submitting the declaration of contract and the deviation was expressly and separately agreed upon by both parties.
§ 5 Choice of Law, Place of Performance, Jurisdiction (1) German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favorability). (2) The place of performance for all services arising from our business relationships and the jurisdiction is our registered office, unless you are a merchant, a legal entity under public law, or a special public law entity. The same applies if you do not have a general jurisdiction in Germany or the EU, or if your residence or habitual abode is unknown at the time of the legal action. The right to file a lawsuit at another legal jurisdiction remains unaffected. (3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer Information
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Identity of the Seller: NOX Cycles Austria Gmbh, Gewerbegebiet Süd 3, 6262 Schlitters, Austria, Phone: +43 5288 211020, Email: info@noxcycles.com
Alternative Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/odr. We are not willing and not obligated to participate in dispute resolution proceedings before consumer arbitration bodies.
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Information on the Conclusion of the Contract The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are in accordance with the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).
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Contract Language, Storage of the Contract Text 3.1. The language of the contract is German. 3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser’s print function. After we receive the order, the order details, legally required information for distance contracts, and the General Terms and Conditions will be sent to you via email. 3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form (e.g., via email), which you can print or save electronically.
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Code of Conduct 4.1. We have committed to the quality criteria of the Käufersiegel by Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
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Essential Characteristics of the Goods or Services The essential characteristics of the goods and/or services are specified in the respective offer.
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Prices and Payment Terms 6.1. The prices stated in the respective offers, as well as shipping costs, are total prices. They include all price components, including all applicable taxes. 6.2. The shipping costs are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer, will be separately stated during the ordering process, and are to be paid by you, unless free shipping is promised. 6.3. If the delivery is to countries outside the European Union, additional costs, such as customs duties, taxes, or money transfer fees (bank transfer or currency exchange fees), may apply, which are to be borne by you. 6.4. Money transfer costs (bank transfer or currency exchange fees) are to be borne by you if the delivery is to an EU member state, but the payment is initiated outside the European Union. 6.5. The payment methods available to you are listed on our website or in the respective offer. 6.6. Unless otherwise specified for the individual payment methods, payment claims from the concluded contract are due immediately.
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Delivery Terms 7.1. The delivery terms, delivery date, and any delivery restrictions are listed on a corresponding button on our website or in the respective offer. 7.2. If you are a consumer, it is legally regulated that the risk of accidental loss or damage of the sold goods during shipment transfers to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company or another person for the shipment who is not named by the seller.
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Legal Warranty Rights 8.1. The warranty for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I).
These Terms and Conditions and Customer Information are based on the currently applicable legal provisions.
Last updated: 12.03.2025