Terms and Conditions

1. Scope and Seller Information

These Terms and Conditions apply to all orders placed through the Novara online store and to the use of the associated website.

The seller and contractual partner is:

Alexander Kling
trading as Novara
St.-Hedwigs-Weg 1
61440 Oberursel
Germany
Email: house.novara@outlook.com

The terms “we”, “us” and “our” refer to the seller identified above.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly fall outside their commercial or self-employed professional activity.

An entrepreneur is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or self-employed professional activity when entering into a legal transaction.

Individual agreements made with a customer take precedence over these Terms and Conditions.

2. Use of the Online Store

The online store is intended for lawful use only.

You must not use the website:

• for unlawful, fraudulent or abusive purposes;

• to infringe the rights of us or third parties;

• to distribute malware, harmful code or unsolicited messages;

• to interfere with the security or proper operation of the website; or

• to obtain unauthorised access to accounts, systems or data.

Merely visiting or browsing the website does not create a purchase contract.

Orders placed by minors require the consent of their legal representative where such consent is required by applicable law.

If you create a customer account, you are responsible for keeping your login details confidential and for informing us without undue delay if you suspect unauthorised access.

We may temporarily restrict or suspend access to an account where there are reasonable grounds to suspect fraud, misuse, a security risk or a material breach of these Terms. We will take the legitimate interests of the affected customer into account and, where reasonably possible, provide notice.

3. Products and Product Information

The essential characteristics of each product are described on the relevant product page.

We make reasonable efforts to display product images, colours, dimensions and designs accurately. However, the appearance of colours may vary slightly depending on the screen, device and display settings used.

Minor, technically unavoidable variations in colour, dimensions or print placement may occur during production. Such variations do not constitute a defect only where they are insignificant, reasonable and do not materially deviate from the agreed product description or design.

Incorrect prints, substantial colour deviations, clearly misplaced designs, damaged products and other material deviations may constitute defects.

Products are generally produced after an order has been placed. Production after receipt of an order does not, by itself, mean that a product is legally personalised or excluded from the statutory right of withdrawal.

We may change or discontinue products for future orders. Any such change does not affect contracts that have already been concluded.

4. Ordering Process and Conclusion of Contract

The presentation of products in the online store does not constitute a legally binding offer. It is an invitation for you to submit an order.

You can place products in the shopping cart and review the contents of the cart before proceeding to checkout.

During checkout, you can review and correct your order details, including the selected products, quantities, delivery address and payment information, before submitting the order.

By clicking the final order button, which clearly indicates that the order creates a payment obligation, you submit a binding offer to purchase the products contained in your cart.

After submitting the order, you will receive an automatic confirmation that the order has been received.

The purchase contract is concluded when we expressly accept your order by sending an order confirmation. The order confirmation may be combined with the confirmation that your order has been received, provided that it clearly confirms acceptance of the order.

If we do not accept your order within five days, your offer will no longer be binding. Any payment already collected will be refunded without undue delay.

We may decline an order before a contract is concluded where there is an objectively justified reason, including:

• the product being unavailable;

• an obvious pricing or product information error;

• unsuccessful payment authorisation;

• reasonable suspicion of fraud or misuse;

• delivery not being available to the stated destination; or

• an order quantity indicating unauthorised commercial resale.

If we decline an order after payment has already been collected, the payment will be refunded using the original payment method.

5. Contract Text and Contract Language

We store the contract information and send you the order details, these Terms and Conditions and the applicable consumer information by email or make them available on another durable medium.

If you have created a customer account, your order information may also be available through your account.

You are responsible for ensuring that the email address provided during checkout is correct and that emails from us can be received.

The contract language is English. Where the online store and checkout are offered in another language, the contract may also be concluded in the language selected during checkout.

Mandatory consumer protection rights applicable in the customer’s country of habitual residence remain unaffected.

6. Prices and Payment

The prices displayed on the product pages are the total product prices and include statutory value-added tax where applicable.

Delivery and shipping costs are not included in the product price unless expressly stated otherwise. The applicable shipping costs and total order price are displayed during checkout before you submit your binding order.

For deliveries outside the European Union, customs duties, import taxes or handling charges may be imposed by the destination country or shipping carrier. Unless expressly shown as included during checkout, such charges are not included in the purchase price and may be payable by the recipient.

The available payment methods are displayed during checkout.

Payment is due when the contract is concluded unless a different due date is stated for the selected payment method.

Payment processing may be carried out by third-party payment providers. Their additional terms may apply to the processing of the payment, but do not alter your contractual rights against us.

Discount codes and promotional offers are subject to the conditions stated in connection with the relevant promotion. Unless otherwise stated, discount codes cannot be exchanged for cash and cannot be applied retrospectively.

7. Production, Shipping and Delivery

Products are generally made to order after the purchase contract has been concluded.

Production usually takes approximately two to five business days. The estimated shipping and delivery periods for the relevant destination are displayed in our Shipping Policy, on the product page or during checkout.

The estimated total delivery time consists of the production period and the applicable shipping period.

Business days are generally Monday to Friday, excluding applicable public holidays.

Products are produced, packed and dispatched through our fulfilment partner, Printful. Printful and the relevant shipping carriers act as our production and logistics partners. We remain your contractual seller and point of contact.

Depending on the products and production locations, items from the same order may be dispatched in separate packages. You will not be charged additional shipping costs solely because we divide an order into multiple shipments.

Local pickup is not available.

For deliveries to consumers, the risk of accidental loss or accidental damage remains with us until you, or a third party designated by you other than the shipping carrier, take physical possession of the goods.

The transfer of the shipment to Printful or a shipping carrier does not transfer the shipping risk to a consumer.

This does not apply where a consumer independently commissions a shipping carrier that was not offered or designated by us.

Further information regarding destinations, shipping costs, estimated delivery times, tracking, lost packages and customs charges can be found in our separate Shipping Policy.

8. Delivery Delays and Unavailability

Production and delivery dates stated as estimates may be affected by circumstances outside our reasonable control, including severe weather, customs processing, strikes, transport disruptions or other unavoidable events.

Where we become aware of a material delay, we will inform you within a reasonable period using the contact details provided with the order.

Your statutory rights in the event of delayed or failed delivery remain unaffected.

If a product becomes permanently unavailable after the contract has been concluded and delivery is therefore impossible, we will inform you without undue delay and refund any payment already made for the affected product.

Temporary unavailability does not entitle us to delay delivery indefinitely.

9. Delivery Address and Failed Delivery

You are responsible for providing a complete and accurate delivery address during checkout.

Please contact us immediately if you notice an error in the delivery address. We cannot guarantee that an address can be changed after production or fulfilment has started.

If a shipment is returned because:

• the delivery address provided by you was incorrect or incomplete;

• the shipment was not collected despite a reasonable collection opportunity; or

• delivery failed for another reason attributable to you,

we may request reimbursement of reasonable additional shipping costs before arranging another shipment, provided that charging those costs is permitted by applicable law.

No additional shipping costs will be charged where the failed delivery was caused by us, our fulfilment partner or the shipping carrier.

10. Retention of Title

The goods remain our property until the purchase price has been paid in full.

11. Statutory Right of Withdrawal

Consumers generally have a statutory right to withdraw from a distance-selling contract within 14 days.

Detailed information about the withdrawal period, the exercise of the right of withdrawal, return shipping costs, refunds and the model withdrawal form can be found in our separate Returns and Withdrawal Policy [INSERT LINK].

Consumers may exercise their right of withdrawal:

• through a clear statement sent to house.novara@outlook.com;

• using the model withdrawal form; or

• using the clearly accessible electronic withdrawal function provided in the online store.

After an electronic withdrawal has been submitted, an electronic confirmation of receipt will be provided.

The electronic withdrawal function is an additional method and does not prevent a consumer from exercising the right of withdrawal by email or another clear statement.

When exercising the statutory right of withdrawal, the consumer bears the direct cost of returning the goods where the consumer was properly informed of this obligation before placing the order.

The return address is stated in the applicable withdrawal information and may also be repeated in the return instructions sent after receipt of the withdrawal notice.

Production after an order has been placed does not, by itself, exclude the statutory right of withdrawal.

The statutory right of withdrawal may be excluded for goods that:

• are not prefabricated and are produced based on an individual choice or specification made by the consumer; or

• are clearly personalised or tailored to the consumer’s personal requirements.

This exception applies only to genuinely personalised or individually customised products. Standard products offered in predefined designs, colours and sizes are not excluded solely because they are produced after the order is placed.

12. Returns and Exchanges

We do not currently offer direct exchanges.

For standard, non-personalised products, a consumer may exercise the statutory right of withdrawal within the applicable period and place a new order for the preferred product, size, colour or design.

The customer is responsible for the direct return shipping costs in the event of a normal withdrawal or change-of-mind return, provided that the customer was properly informed of this before placing the order.

This does not apply to returns required because a product is damaged, defective, misprinted or incorrectly delivered.

Products must not be returned directly to Printful or another production facility unless we have expressly instructed the customer to do so.

13. Defective, Damaged, Misprinted or Incorrect Products

The statutory warranty rights relating to defective or non-conforming goods apply.

Please inspect the order after delivery and contact us without undue delay if an item is damaged, defective, misprinted or different from the item ordered.

You can contact us at:

house.novara@outlook.com

Please provide the order number, a brief description of the issue and, where reasonably possible, clear photographs of the affected product and packaging.

Providing photographs can help us assess the issue more quickly but is not a condition for exercising statutory warranty rights.

In addition to and without limiting your statutory rights, once the issue has been reviewed and confirmed, you may choose between:

• a free reprint or replacement of the originally ordered product; or

• a refund for the affected product to the original payment method.

We will arrange the option selected by you.

If the originally ordered product can no longer be produced or a replacement is otherwise impossible, we will issue a refund.

In most cases, a damaged, defective, misprinted or incorrect product will not need to be returned.

If a return is required, we will provide the relevant return instructions and bear the necessary return shipping costs.

You are not required to pursue a claim against Printful or the shipping carrier yourself.

No voluntary reporting period stated in our policies limits or replaces the applicable statutory warranty period.

14. Lost Shipments

If a shipment has not arrived within the applicable delivery period, please contact us at house.novara@outlook.com.

We may ask you to check the tracking information, delivery address, designated safe place, neighbours or collection point before we begin an investigation.

We will investigate the shipment with our fulfilment partner and the relevant shipping carrier.

If a shipment is confirmed as lost before delivery to a consumer, the consumer may choose between:

• a free replacement shipment; or

• a refund for the affected products.

The consumer is not required to pursue a claim against the shipping carrier.

15. Statutory Warranty Rights

The statutory provisions concerning liability for defects apply.

Where a product is defective, the customer is entitled to the statutory remedies, including supplementary performance and, where the applicable legal requirements are met, a price reduction, withdrawal from the contract or damages.

Any voluntary guarantee, goodwill arrangement, reprint or refund offered by us is additional to the statutory rights and does not restrict them.

Statements made in product descriptions do not constitute a separate guarantee unless they are expressly described as a guarantee.

16. Intellectual Property

The content of the online store, including product designs, logos, photographs, graphics, videos, text and other materials, may be protected by copyright, trademark or other intellectual property rights.

The relevant rights belong to us or the respective rights holders.

You may access and use the website for personal and lawful purposes.

Unless permitted by law or expressly authorised by the relevant rights holder, you may not:

• reproduce or commercially exploit protected content;

• distribute, publish or publicly display protected content;

• remove copyright or trademark notices;

• use our product designs or branding for commercial purposes; or

• falsely suggest an affiliation with or endorsement by Novara.

Statutory rights of use, quotation and other legally permitted uses remain unaffected.

Shopify, Printful and other third-party names and logos are the property of their respective rights holders.

17. Third-Party Services and Shopify

The online store is technically hosted and supported by Shopify.

Purchases made through the online store are contracts directly between you and the seller identified in Section 1. Shopify is not the seller of the products.

Printful acts as our production and fulfilment partner but is not the customer’s contractual seller.

We may use third-party services for payments, shipping, analytics or other store functions. Information about the processing of personal data by these providers can be found in our Privacy Policy.

Where the website contains links to third-party websites, the respective third-party provider is responsible for its own content and services. This does not exclude any liability that cannot legally be excluded.

18. Data Protection

Information about how personal data is collected, processed and shared can be found in our Privacy Policy.

The Privacy Policy does not form part of the contractual performance terms unless expressly stated otherwise.

19. Liability

We are liable without limitation:

• for damage caused intentionally or through gross negligence;

• for injury to life, body or health caused intentionally or negligently;

• under applicable product liability legislation;

• where we have fraudulently concealed a defect;

• where we have expressly provided a guarantee; and

• in other cases where liability cannot legally be excluded or limited.

In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage that was foreseeable and typical for this type of contract at the time the contract was concluded.

An essential contractual obligation is an obligation whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the customer may normally rely.

Subject to the cases listed above, liability for slightly negligent breaches of non-essential contractual obligations is excluded.

These limitations also apply to the personal liability of our legal representatives, employees, agents and other persons engaged in performing our obligations.

The statutory burden of proof is not changed by this section.

20. Technical Availability

We aim to keep the online store reasonably available and secure.

Temporary interruptions may occur due to maintenance, updates, security measures, technical faults or circumstances outside our reasonable control.

We do not guarantee uninterrupted availability of the website. This does not affect obligations arising from purchase contracts that have already been concluded or any liability that cannot legally be excluded.

21. Alternative Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

This statement should only be used if it accurately reflects our position and no specific legal or contractual obligation to participate applies.

22. Governing Law

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence, where those provisions would apply without the choice of law.

23. Jurisdiction

The statutory rules regarding jurisdiction apply.

No exclusive jurisdiction is agreed for consumers.

Where the customer is a merchant, a legal entity under public law or a special fund under public law, the courts at our registered place of business shall have jurisdiction to the extent permitted by law.

24. Changes to These Terms

The version of these Terms and Conditions in effect when an order is placed applies to that order.

We may amend these Terms for future orders, for example to reflect changes in law, our products or the operation of the online store.

Changes published after a contract has been concluded do not retrospectively alter that contract unless the customer expressly agrees or a change is required by mandatory law.

Continued browsing of the website alone does not constitute acceptance of changes to an existing purchase contract.

25. Severability

If an individual provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected.

The invalid or unenforceable provision will be replaced by the applicable statutory provision.

Nothing in this section permits an invalid provision to be reduced or interpreted to the maximum extent favourable to us where this would conflict with applicable consumer protection law.

26. Contact Information

Questions concerning these Terms and Conditions, orders, deliveries, returns or defective products can be sent to:

Alexander Kling
trading as Novara
St.-Hedwigs-Weg 1
Email: house.novara@outlook.co