Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following is understood by: Cooling-off period: The period within which the consumer can exercise his right of withdrawal. Consumer: The natural person who does not act in the context of a professional or commercial activity and concludes a distance contract with the entrepreneur. Day: Calendar day. Recurring transaction: A distance contract concerning a series of products and/or services whose delivery and/or acceptance obligations are staggered over time. Durable medium: Any means that enables the consumer or entrepreneur to store information directed to him personally in such a way that later review and unchanged reproduction of the stored information is possible. Right of withdrawal: The consumer's opportunity to withdraw from the distance contract within the cooling-off period. Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers. Distance contract: A contract in which, within a system for distance marketing of products and/or services organized by the entrepreneur, only one or more distance communication techniques are used up to the conclusion of the contract. Distance communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being present at the same place at the same time. General Terms and Conditions: These General Terms and Conditions of NORTHMARLOW.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and packaging carefully. If the consumer exercises his right of withdrawal, he will return the product with all accessories supplied and if possible in its original condition, according to the appropriate instructions from NORTHMARLOW.

Article 3 – Applicability

These General Terms and Conditions apply to every offer by NORTHMARLOW and to every concluded distance contract and orders between NORTHMARLOW and the consumer. Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, reference will be made to the fact that the General Terms and Conditions can be viewed at NORTHMARLOW and will be sent free of charge to the consumer upon request as soon as possible. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the conclusion of the distance contract, the text of these General Terms and Conditions may be made available to the consumer in electronic form in a way that allows him to save them easily on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be stated where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge to the consumer upon request, either electronically or otherwise. In the event that specific product or service conditions also apply alongside these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the provision most favorable to him in the event of conflicting General Terms and Conditions. If one or more provisions of these General Terms and Conditions are at any time wholly or partly void or declared void, the contract and these terms shall otherwise remain in force, and the provision in question shall be replaced promptly by mutual agreement with a provision that corresponds as closely as possible to the purpose of the original. Situations not regulated in these General Terms and Conditions are to be judged "in the spirit" of these General Terms and Conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under conditions, this will be expressly stated in the offer. The offer is non-binding. NORTHMARLOW is entitled to modify and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If NORTHMARLOW uses images, these are a faithful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind NORTHMARLOW. All images and specifications in the offer are indicative and cannot give rise to damages or termination of the contract. Images of products are a faithful representation of the products offered. NORTHMARLOW cannot guarantee that the colors shown exactly match the actual colors of the products. Each offer contains information such that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to: Any shipping costs. The manner in which the contract will be concluded and what actions are required for this. Whether the right of withdrawal applies or not. The payment, delivery and execution terms of the contract. The period for acceptance of the offer or the period during which NORTHMARLOW guarantees the price. The amount of the fee for distance communication, insofar as the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used. Whether the contract is archived after it is concluded and, if so, in what manner it is accessible to the consumer. The manner in which the consumer can check and, if necessary, correct the data he provides in connection with the contract before the conclusion of the contract. Any other languages in which, in addition to German, the contract can be concluded. The codes of conduct to which NORTHMARLOW is subject and the manner in which the consumer can access these codes of conduct electronically. The minimum term of the distance contract in the case of a recurring transaction. Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded, subject to what is provided in paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions stated therein. If the consumer has accepted the offer electronically, NORTHMARLOW will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by NORTHMARLOW, the consumer may terminate the contract. If the contract is concluded electronically, NORTHMARLOW will take appropriate technical and organizational measures to secure electronic data transmission and will ensure a secure web environment. If the consumer can pay electronically, NORTHMARLOW will take appropriate security measures for this. NORTHMARLOW may – within the legal framework – inform itself whether the consumer can meet his payment obligations, as well as about all facts and factors relevant to a responsible conclusion of the distance contract. If NORTHMARLOW has good reasons based on this investigation not to enter into the contract, it is entitled to refuse an order or request with reasons or to subject execution to special conditions. NORTHMARLOW will provide the consumer, together with the product or service, with the following information in writing or in a manner that the consumer can access on a durable medium: The address of the NORTHMARLOW establishment where the consumer can lodge complaints. The conditions and manner in which the consumer can exercise his right of withdrawal, or a clear notification of the exclusion of the right of withdrawal. Information about warranties and existing service after purchase. The data contained in Article 4 paragraph 3 of these terms, unless NORTHMARLOW has already provided this data to the consumer before execution of the contract. The requirements for termination of the contract if the contract has a term of more than one year or has been concluded for an indefinite period. In the case of a recurring transaction, the provision of the previous paragraph applies only to the first delivery. Each contract is concluded on the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving any reason within 30 days. This cooling-off period begins on the day after the consumer or a representative designated in advance and made known to NORTHMARLOW receives the product. During the cooling-off period, the consumer will handle the product and packaging carefully. He will unpack or use the product only to the extent necessary to be able to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in its original condition and in its original packaging to NORTHMARLOW, according to the appropriate and clear instructions provided by NORTHMARLOW. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify NORTHMARLOW within 30 days of receiving the product. The consumer must make this notification by written message or email. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must provide proof that the delivered goods were returned in time, for example by providing a shipping receipt. If the customer does not notify within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal and/or does not return the product to NORTHMARLOW, the purchase is a done deal.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the costs for returning the products shall be borne by the consumer. If the consumer has paid an amount, NORTHMARLOW will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is provided that the product has already been received back by NORTHMARLOW or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

NORTHMARLOW may exclude the consumer's right of withdrawal for certain products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if NORTHMARLOW has stated this clearly in the offer, at least in good time before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products: Which have been manufactured by NORTHMARLOW according to the specifications of the consumer. Which are clearly of a personal nature. Which cannot be returned by their nature. Which spoil or become obsolete quickly. Whose price is tied to fluctuations in the financial market over which NORTHMARLOW has no influence. For individual newspapers and magazines. For media and video recordings as well as computer software whose seal the consumer has broken. For hygiene products whose seal the consumer has broken.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except in the event of price changes due to changes in value-added tax rates. Notwithstanding the previous paragraph, NORTHMARLOW may offer products or services whose prices are tied to fluctuations in the financial market and over which NORTHMARLOW has no influence at variable prices. This tie to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer. Price increases within three months of the conclusion of the contract are only permitted if they are based on statutory regulations or provisions. Price increases from three months after the conclusion of the contract are only permitted if NORTHMARLOW has agreed to this and: These are based on statutory regulations or provisions. The consumer has the right to terminate the contract effective from the day on which the price increase takes effect. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, NORTHMARLOW is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

NORTHMARLOW warrants that the products and/or services comply with the contract, the specifications mentioned in the offer, and the reasonable requirements for fitness and/or usability and the statutory provisions and/or official regulations in force at the time of the conclusion of the contract. If agreed, NORTHMARLOW also warrants that the product is suitable for use other than normal use. A warranty given by NORTHMARLOW, the manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against NORTHMARLOW on the basis of the contract. Any defects or incorrectly delivered products must be reported in writing to NORTHMARLOW within 30 days of delivery. The return of the products must be in the original packaging and in like-new condition. NORTHMARLOW's warranty period corresponds to the manufacturer's warranty period. However, NORTHMARLOW is at no time responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties. The delivered products have been exposed to abnormal conditions or otherwise treated improperly or contrary to the instructions of NORTHMARLOW and/or on the packaging. The defect is wholly or partly attributable to regulations that the government has or will enact regarding the type or quality of the materials used.

Article 11 – Delivery and Execution

NORTHMARLOW will exercise the utmost care in receiving and executing product orders. Taking into account what is stated in Article 4 of these General Terms and Conditions, NORTHMARLOW will execute accepted orders with due care, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will receive appropriate notification no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and to claim any damages. In the event of termination pursuant to the previous paragraph, NORTHMARLOW will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination. If delivery of an ordered product appears impossible, NORTHMARLOW will endeavor to provide a replacement item. At the latest upon delivery, it will be communicated in clear and understandable terms that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shall be borne by NORTHMARLOW. The risk of damage and/or loss of the products lies with NORTHMARLOW until the time of delivery to the consumer or a representative designated in advance and made known to NORTHMARLOW, unless expressly agreed otherwise.

Article 12 – Recurring Transactions: Duration, Termination and Renewal

Termination
The consumer may terminate a contract of indefinite duration that is aimed at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate a contract of fixed duration that is aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate the contracts mentioned in the previous paragraphs: at any time and will not be restricted to a termination at a specific time or within a specific period; at least in the same manner as they were concluded by him; always with the same notice period that NORTHMARLOW has agreed for itself.

Renewal
A contract of fixed duration that is aimed at the regular delivery of products (including electricity) or services may not be implicitly renewed or extended for a fixed period. Notwithstanding the previous paragraph, a contract of fixed duration aimed at the regular delivery of daily, news and weekly newspapers as well as magazines may be implicitly renewed for a fixed period of no more than three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month. A contract of fixed duration aimed at the regular delivery of products or services may only be implicitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract aimed at regular but less than monthly delivery of daily, news and weekly newspapers as well as magazines. A contract of limited duration for regular trial delivery of daily, news and weekly newspapers as well as magazines (trial or sample subscription) is not implicitly continued and ends automatically after expiry of the trial or sample period.

Duration
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless good faith stands in the way of termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer are to be paid within seven business days after the beginning of the cooling-off period in accordance with Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract. The consumer is obliged to promptly notify NORTHMARLOW of any inaccuracies in the payment data provided or mentioned. In the event of payment default by the consumer, NORTHMARLOW has, subject to statutory limitations, the right to charge the consumer for the reasonable costs previously communicated to him.

Article 14 – Complaint Resolution

Complaints about the execution of the contract must be submitted to NORTHMARLOW completely and clearly within seven days after the consumer has identified the defects. Complaints submitted to NORTHMARLOW will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, NORTHMARLOW will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises that is subject to a dispute resolution procedure. A complaint does not suspend NORTHMARLOW's obligations unless NORTHMARLOW states otherwise in writing. If a complaint is deemed justified by NORTHMARLOW, NORTHMARLOW will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between NORTHMARLOW and the consumer to which these General Terms and Conditions apply shall be exclusively governed by German law. This applies even if the consumer is resident abroad.