5. Payment Terms, Creditworthiness

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Orders are typically due for immediate payment as long as they contain fixed prices and are offered on the online shop. The customer has the option to pay using the payment methods displayed on the website or during the ordering process. These methods may change over time and vary from country to country. Furthermore, we reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods we use (e.g., to protect our credit risk, only those corresponding to the respective creditworthiness). Nova SUPERB by palindrom GmbH is expressly authorized by customers to conduct credit checks at its discretion and, if necessary, to disclose customer data to third parties for this purpose.

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By selecting the payment method, the customer authorizes payment either by entering credit card details or payment service provider credentials. The customer authorizes Nova SUPERB by palindrom GmbH to accept or collect payments in the appropriate manner. In the case of a chargeback, Nova SUPERB by palindrom GmbH is entitled to reclaim the associated costs and bank processing fees. Furthermore, Nova SUPERB by palindrom GmbH is not liable for fees or other amounts charged by your card issuer or bank due to the processing of your payment according to the order.

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When paying with a credit card or an alternative payment method, we reserve the right to verify the card's validity, debit availability parameters, and address details, and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the entered payment details are correct. If the payment is declined, Nova SUPERB by palindrom GmbH reserves the right to cancel the order and stop the shipment of the products. In this case, we will contact you promptly.

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For products marked as 'on request,' you will receive a quote and a payment link. Payment must be made within the specified period in the offer. After payment, the offer is considered accepted and treated as a completed, binding order. Only then do the products go into production. There is no right of withdrawal and no right to a refund of the payment made or return of the goods upon receipt.

For products ordered and directly paid for in the online shop, there is a 14-day right of withdrawal. After this period, the ordered products will be manufactured. From this point onwards, there is no right to cancellation or return.

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Cancellation Form

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6. Delivery terms for goods

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Delivery is generally carried out by various shipping service providers. The applicable costs must be paid in advance by the buyer.

The goods you have ordered from our online shop will be dispatched to you within the delivery times specified for each product, depending on the destination. You can use the tracking number to monitor the current location of your order. In principle, the production order is placed only after the expiration of the 14-day withdrawal period (Example: Delivery time 6 weeks + 2 weeks withdrawal period = 8 weeks delivery time). However, you can waive the right of withdrawal.

 

If the goods are marked without a specified delivery time at the time of your order, Nova SUPERB by palindrom GmbH will endeavor to deliver the goods as quickly as possible. Nova SUPERB by palindrom GmbH will strive to adhere to the specified delivery times. However, Nova SUPERB by palindrom GmbH is not responsible for delivery delays for any reason. We will inform you immediately about any delivery delays.

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If the delivery delay exceeds 5 weeks from the original delivery date, the customer has the right to cancel the order, but only if production has not yet begun. Further claims, especially claims for damages, are excluded. If the delivery of the goods fails due to the fault of the customer (despite 3 unsuccessful delivery attempts), Nova SUPERB by palindrom GmbH may withdraw from the contract. Payments already made will NOT be refunded as the goods are specifically manufactured for you.

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7. Retention of title

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Nova SUPERB by palindrom GmbH retains ownership of the delivered products until they have been fully paid for.

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8. Right of withdrawal and return of goods

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Right of Withdrawal

For all purchases of our goods through our online shop (excluding certain products; see the restrictions on the right of withdrawal below), you, as a consumer, have a right of withdrawal within 14 days of contract conclusion. You can revoke your declaration of contract within 14 days. After receipt, you have no right to return the goods, as they are products specifically made for you.

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Consequences of Withdrawal

If you withdraw from the contract, we will reimburse you the total price paid, including delivery costs, immediately and no later than 14 days from the day we are informed of your decision to withdraw from this contract.

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The refund will be made using the original payment method and will always be transferred to the corresponding account used for payment unless expressly agreed otherwise with you; in no case will fees be charged for this refund. Ensure that you have access to the specified account, as Nova SUPERB by palindrom GmbH assumes no liability in this regard.

Online Withdrawal Form

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9. Complaint Notification

 

NOVA superb by palindrom GmbH ensures that the goods correspond to the promised characteristics and are free from defects that would negate or diminish their value or suitability for the intended use. The customer must promptly check the goods upon receipt for accuracy, completeness, and any potential damages. Any defects or damages must be reported to NOVA superb by palindrom GmbH within 5 working days. Defects that could not be identified during proper inspection and only manifest later must be reported in writing immediately upon discovery. Failure to inspect the goods promptly or notify us immediately deems the goods approved, and you cannot make any claims against us.

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Defects should be reported using the defect form. The legal warranty provisions apply for manufacturing/material or production defects. Excluded from the warranty are products damaged due to the buyer's own fault:

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• Damages caused by the buyer while unpacking the delivered goods

• Misuse by the buyer

• Abuse by the buyer

• Intentional damage by the buyer

• Negligent damage by the buyer
   

The customer's warranty claims are limited to the rectification of defects/repair, excluding all other claims, especially reduction or compensation for defects and consequential damages. NOVA superb by palindrom GmbH decides at its discretion on defect rectification. If the replacement or defect rectification fails, the customer is entitled to withdraw from the contract in the case of significant defects. To report complaints or service issues, please use the following form and provide the order number, customer number, a description of the error, and other helpful information. You are obliged to document the damage with photos and explain the damage in writing. The defective product must be returned to the following address of Nova SUPERB by palindrom GmbH with a copy of the invoice after submitting the defect form.

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NOVA superb by palindrom, Giesshübelstrasse 116, CH-8045 Zurich

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The return of goods is at the customer's expense and risk. Please request a confirmation of the return and keep it, as your warranty claim cannot be processed if the package is lost.

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10. Customer Account Registration

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In the registration for a customer account, you will have access to information about your completed, open, and recently shipped orders. You can also manage and save your address details, payment information, and, if applicable, newsletters. Since your data is stored, you won't need to re-enter it for future purchases.

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By registering for such an account, you are responsible for ensuring that the personal information required for registration is accurate and complete. You are obligated to treat the personal access data confidentially and not to provide it to unauthorized third parties. Nova SUPERB by palindrom GmbH guarantees to treat your data confidentially and not to disclose it to unauthorized third parties.

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For more information on data protection, please refer to our privacy policy. Registration is free, and each customer is entitled to only one customer account. We reserve the right to delete multiple registrations and to warn, block, delete, or modify the content of registered customers if they violate these terms and conditions or individual agreements. Nova SUPERB by palindrom GmbH is not obligated to accept the registration or order of a registered customer.

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11. Complaints and Claims

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We place great emphasis on customer satisfaction. You can reach us at any time using the contact information provided at the beginning of these terms and conditions. We strive to promptly investigate your inquiries and complaints and will contact you after receiving the necessary documentation or your submission. If you have complaints or claims, please assist us by describing the exact problem or error and, if necessary, attaching a copy of the order documents or at least providing the order number, customer number, etc. We will endeavor to respond to you within 5 working days.

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For product-related complaints and claims, please always send clear photos illustrating the basis of your complaint or claim.

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12. Liability

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Nova SUPERB by palindrom GmbH is liable for breaches of its own obligations under these General Terms and Conditions (GTC) and the contractual relationships based on them for proven damages caused by intentional actions or gross negligence. Liability is expressly excluded for slight and moderate negligence, as well as for indirect and consequential damages, regardless of whether they arise from a contract, an unlawful act, or any other cause. Indirect damages include, for example, lost profits, financial losses, damage to reputation, or data loss due to temporary impairment or interruption of the availability of Nova SUPERB by palindrom GmbH services. Furthermore, Nova SUPERB by palindrom GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons employed to provide the service.

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The above exclusions and limitations of liability do not apply in the case of culpable violations of life, body, or health caused directly by Nova SUPERB by palindrom GmbH, or in the case of mandatory legal regulations, including the provisions of the Product Liability Act.

Subject to the above, the total liability under these GTC, regardless of the cause and to the extent permitted by law, is limited to the price of the products ordered by the customer from us.

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Force Majeure: In the event of force majeure, we assume no liability or responsibility for the non-performance or delayed performance of obligations under these GTC and the contractual relationship based on them. Events beyond our control may include, for example, strikes, business closures, or other labor disputes by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks, as well as the impossibility of using rail, maritime, air, road, or other public or private transportation.

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WARNING

We would like to point out that processed gemstones in many products are under tension and may break, especially if struck against ice cubes or other solid objects (such as stirring sticks). The same applies if you put products purchased from us in the dishwasher. All products must be cleaned by hand with lukewarm water without the addition of detergents. All products are considered decorative items or jewelry; the actual use and its consequences are the responsibility of the customer. NOVA superb by palindrom GmbH assumes no liability for this. The warning notices and proper use of the goods are expressly mentioned again in a letter shipped with the product.

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13. Data Privacy

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NOVA superb by palindrom GmbH collects and processes personal data only within the legal framework, particularly in compliance with applicable data protection laws. Further information regarding the processing of your personal data, your rights, and related questions can be found in our privacy policy, which is an integral part of these General Terms and Conditions (GTC).

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14. Copy Right

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The information and content published on the website are protected by copyright and belong to NOVA superb by palindrom GmbH or the respective rights holder. Reproduction, processing, distribution, or any other form of use requires the prior written consent of the respective rights holder. NOVA superb by palindrom GmbH and the respective rights holder expressly reserve all rights in this regard.

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15. Severability Clause

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If any provision of these General Terms and Conditions is or becomes invalid, void, or unenforceable for legal reasons, it shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision shall be replaced by a valid provision that reflects the economic purpose of the original provision and the intent of the parties at the time of contract conclusion as far as possible. The same applies to any gaps in these General Terms and Conditions.

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16. Online Dispute Resolution

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The European Commission has established an online platform for Alternative Dispute Resolution (ADR) specifically designed for EU consumers. This platform provides an out-of-court mechanism for settling disputes arising from or related to online sales contracts. You can use this platform to resolve disputes arising from the online contract entered into with us. The platform is accessible via the following link: http://ec.europa.eu/consumers/odr/.

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17. Applicable Law and Jurisdiction

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These General Terms and Conditions, the contractual relationships based on them, and any resulting disputes are exclusively subject to the substantive Swiss law, excluding conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for natural and legal persons is the registered office of Nova SUPERB by palindrom GmbH. These provisions apply only to the extent that there are no mandatory provisions of the law of the state in which the consumer has his habitual residence that take precedence over these General Terms and Conditions.

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Zürich, 07.12.2023