1.    Scope

i.    The following Terms and Conditions („T&C”) shall apply to all contracts on the purchase of goods concluded between NeverNot GmbH (“the seller”) and a consumer (“the customer”) via the seller’s online shop.

ii.    nevernot GmbH does not conclude contracts with other businesses or entrepreneurs via its online shop. If businesses or entrepreneurs are willing to conclude a purchasing contract with NeverNot GmbH, they may reach out to support@nevernot.de

iii.    A consumer (acc. to § 13 BGB) is any natural person concluding a contract with the seller without any commercial or entrepreneurial aim. 

iv.    A business or entrepreneur (acc. to § 14 BGB) is any natural person or legal entity concluding a contract with the seller as part of their commercial or entrepreneurial activities.

2.    Conclusion of the contract

i.    Any information about products and prices provided within the seller’s online shop are subject to change and non-binding.

ii.    After placing the selected products in the virtual shopping cart and completing the electronic order process, the customer submits a legally binding offer including all items in the shopping cart by clicking the buttons „order now“ or „pay“. Beyond that, the customer may submit a binding offer via e-mail to the seller. A contract is only concluded once the seller accepts the offer through an order confirmation or the delivery of the goods. 

iii.    The customer has to ensure that the e-mail address provided in the order process is correct, so that they may receive e-mails sent by the seller. Particularly, if they happen to use SPAM filters, the customer has to make sure that all e-mails sent by the seller in the course of the order processing can be delivered. 

iv.    The order option "NeverNot Abo" entails a subscription agreement about the seller’s repeated delivery of products in a frequency determined by the customer (§ 315 BGB). The subscription agreement is concluded for an indefinite period. After the first two deliveries, both parties may terminate the agreement without a period of notice. The statutory right of both parties to an extraordinary termination for good cause remains unaffected. Any notice of termination must be made in writing (§ 126b BGB). The customer may use the subscription termination option in the user account for this purpose or write an e-mail to support@nevernot.de.

v.    Until further notice, the seller concludes purchase contracts with delivery to Germany and Austria only. 

vi.    The contract language may be German or English.

3.    Pricing and payments

i.    Unless stated otherwise, all prices include the applicable statutory value-added tax.

ii.    Additional delivery charges are stated separately within the order process.  

iii.    The payment of the total order price and related charges is due immediately after conclusion of the contract (for subscription agreements, only the prices and charges for the first two deliveries is due right after their conclusion).

iv.    The following payment methods are generally available for deliveries:

a)    Credit card

b)    Direct banking/Giro Pay

c)    Direct debit; in case of selecting direct debit, the customer authorizes NeverNot GmbH to charge amounts payable to their bank account via direct debit. At the same time, the customer is to advise their bank to honor the direct debit charged to their account.

d)    Paypal: when paying with any payment method offered by Paypal, the payment is processed via the payment provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the scope of PayPal’s terms and conditions available under: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

e)    For payment of the deliveries resulting from a subscription agreement, the customer may choose from the following payment methods: direct debit, credit card and PayPal. The selected account will be charged repeatedly throughout the contract duration – between 5 working days before and  4 working days after the delivery of the goods. For the first two deliveries within a subscription agreement, the selected account will be charge immediately after conclusion of the agreement. The customer is to make sure that the specified account or credit card has sufficient funds to cover the amount payable. For the duration of the contract, the customer has to ensure that the details provided with regards to their payment method are correct and up to date. Any changes regarding payment methods and related details are to be communicated to the seller immediately.

4.    Retention of title

i.    The product delivered to you remains our property until full payment.

5.    Discounts and vouchers

i.    The seller offers vouchers/gift cards (“vouchers”) and discounts (together: “promotional programs”) at varying conditions and periods. This, however, entails no legal entitlement to such promotional programs. The value of each promotional program depends on their respective conditions at the time of issuance.  

ii.    The mentioned promotional programs are subject to individual expiry periods. The actual expiry period can be taken from the respective information of the promotional program. In case a discount does not entail an expiry period, it is valid up to 6 months after issuance of the program. In case a voucher/gift card does not entail an expiry period, it is valid up to 1 year after issuance of the program. After these respective periods, the promotional programs will not be valid. If the date of issue is not visible from the medium where the promotional program has been published, the customer may obtain the information from the seller via the common communication channels (e.g. email to support@nevernot.de).

iii.    The following conditions are applicable to all promotional programs, unless stated otherwise:

a)    Promotional programs are not transferrable to other parties.

b)    The redemption of any promotional program must happen within the online ordering process. Subsequent applications are not possible.

c)    Individual promotional programs cannot be combined.

d)    Promotional programs may only be redeemed a country where the issuing currency is used.

e)    Promotional programs may only be redeemed once by any individual customer.

f)    Promotional programs are not applicable to vouchers or gift cards which can be purchased in the online shop of the seller.

6.    Delivery and shipping conditions

i.    The delivery will be made within 10 working days after confirmation of the order, unless: 

a) The product information states a different shipping period.

b) The customer chooses a different shipping date.

c) The shipping address is located outside of Germany. 

ii.    In the case of shipping delays, the seller will inform the customer immediately. If the seller is facing an ongoing shipping impediment, particularly force majeure, non-supply through their own supplier or some other influence that the seller is not responsible for, the customer has the right to withdraw from the contract. The seller has to inform the customer about such a circumstance immediately and refund any payments.

7.    Right of withdrawal

i.    The customer is entitled to withdraw from their contract within 14 days, without giving any reasons. The withdrawal period is 14 days from the day on which the customer or a third party named by them, who is not the carrier, took possession of the last goods. In order to exercise their right of withdrawal, the customer must inform the seller (e.g. via e-mail to support@nevernot.de) of their decision to withdraw from the contract. To do so, the customer may – but is not obliged to – use the below sample withdrawal form. In order to comply with the withdrawal deadline, it is sufficient for the customer to submit their withdrawal notification before the end of the withdrawal period.

ii.    Consequences of withdrawal

If the customer withdraws from their contract, the seller must refund any payments received from customer, including delivery costs (with the exception of any additional costs resulting from the customer choosing a different type of delivery than the least expensive standard delivery option offered by the seller), without delay and no later than 14 days from the day when the seller receives the withdrawal notification. For this refund, unless explicitly agreed otherwise, the seller will use the same payment method as the one used by the customer for the original transaction; under no circumstances will the customer be charged additionals fees for this refund. The seller may refuse to refund payments until they have received the goods back or until the customer has furnished proof that they have returned the goods, whichever will incur earlier.

iii.    The customer must return or hand over the goods to the seller without delay, and in any case no later than 14 days from the day on which they notified the seller of the withdrawal from the contract. The deadline shall be deemed to have been met, if the customer dispatches the goods before the end of the 14-day period. The customer shall bear the direct costs of returning the goods.

iv.    The customer shall only be liable for any diminished value of the returned goods, if such diminished value is attributable to a handling of the goods which was not necessary to examine their condition, properties and functionality.

v.    For contracts about the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return, the right of withdrawal expires prematurely, if their seal is broken and/or removed. 

SAMPLE WITHDRAWAL FORM

The following form may be used for the customer’s withdrawal notification:

— To: nevernot GmbH, Lausitzer Str. 9, 10999 Berlin, E-Mail: support@nevernot.com

— I/we (*) hereby withdraw from the contract I/we (*) concluded on the purchase of the following goods (*)/the provision of the following service (*)

— Ordered on (*)/received on (*): 

— Name of customer(s): 

— Address of consumer(s): 

— Signature of the consumer(s)

— Date

_______________

(*) Delete as appropriate.

8.    Warranty

i.    The statutory warranty rights apply to any goods sold by the seller, unless agreed otherwise:

ii.    The seller is liable – regardless of which legal grounds – for the compensation or replacement of futile expenditure according to the following provisions:

a)    In the case of intent or gross negligence, the seller bears unlimited liability. In the case of simple negligence, the seller can only be held liable for the damage derived from the violation of an essential contractual obligation (an obligation, which is key to the regular proceedings of the contract and which the customer may rely on); in the latter case, however, the seller’s liability is reduced to the compensation of an damage which is predictable and typical to the kind of contract.  

b)    The aforementioned limitations of liability are not applicable, if the seller has fraudulently concealed a defect or has assumed a guaranty for the condition of the delivered item, for damages from harm to life, health or personal injury as well as in the case of liability under the German Product Liability Act. 

c)    Where the seller’s liability is limited or excluded, this shall also apply to the personal liability of their legal representatives and persönliche Haftung ihrer gesetzlichen Vertreter und vicarious agents.

d)    The customer is entitled to the statutory warranty rights. If the customer is a business or entrepreneur, the warranty period for new goods will be limited to 1 year and the risk of accidental loss and accidental deterioration of the goods shall pass to the customer.

e)    If the delivered goods display obvious transport damage, the customer is asked to submit an immediate claim to the delivering agent and to inform the seller about the damage. Failure of timely complaint or notification to the seller will not infringe on the customer’s statutory warranty rights but will help to claim the seller’s compensation from the carrier or the transport insurance respectively.

9.    Final Provisions

a)    German law shall apply to all contracts concluded by the seller, excluding the provisions of the UN Convention on the Sale of Goods. In the case of consumers, this choice of German law shall only apply to the extent that it does not undermine the protection provided by mandatory regulations under the law of the state in which the consumer is ordinarily resident.

b)    If the customer is an entrepreneur, businessman, legal entity, legal entity under public law or a special fund under public law without a general national place of jurisdiction or will have transferred his registered office abroad after conclusion of the contract, the location of the seller’s registered office shall determine the place of jurisdiction for any disputes arising from the business relationship. Mandatory statutory provisions concerning exclusively competent courts remain unaffected from this regulation.

c)    Dispute resolution: we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

d)    Should individual provisions be legally ineffective or unenforceable, either in whole or in part, or should they cease to be legally effective or enforceable later on, this shall not affect the validity of the remaining provisions. The ineffective or unenforceable provisionsThe ineffective or unenforceable