Terms and Conditions
GENERAL TERMS AND CONDITIONS
SCOPE OF APPLICATION
These terms and conditions apply to all purchases made at NorthGateHub by private customers. Private customers in this context are individuals with a residence and delivery address in the United States, provided that the goods they order are not related to their commercial or self-employed professional activities. Business customers are asked to place orders through the business customer login pages [Link to Business Customer Login].
CONTRACT CONCLUSION
The presentation of our products and the possibility to order them constitutes a specific offer for the conclusion of a purchase contract. By placing your order, you accept the offer, and the purchase contract is concluded. You will receive an order confirmation by email at the address you provided.
PRICES AND SHIPPING COSTS
The prices listed are final prices including applicable sales tax. The amount stated at the time of the binding order applies. Shipping costs will be added, depending on the shipping method and the size and weight of the goods ordered. The regular costs of return shipping, which arise in case of a return of goods under your right of withdrawal, will be borne by us. If you exercise your right of withdrawal, we will also refund the shipping costs.
PAYMENT
Payment is made upon delivery using:
- Credit card
- Direct debit
- PayPal
- Klarna
- Stripe
DELAYED PAYMENT
If you fall into arrears with payment, NorthGateHub is entitled to charge default interest of 5 percentage points above the base rate announced by the Federal Reserve at the time of the order. If a higher delay damage has been proven to have occurred, NorthGateHub is entitled to claim this.
RIGHT OF RETENTION
The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
DELIVERY
(1) Delivery will be made to the customer's specified delivery address within:
- United States
- Canada, Australia, New Zealand, United Kingdom
(2) If force majeure (natural disasters, war, civil war, terrorist attacks) makes delivery or any other performance permanently impossible, NorthGateHub is exempt from any obligation to perform. Any amounts already paid will be refunded by NorthGateHub without delay.
(3) NorthGateHub may also refuse to perform if the effort required for performance is grossly disproportionate to the customer’s interest in fulfilling the purchase contract, considering the contract's contents and principles of good faith. Any amounts already paid will be refunded by NorthGateHub without delay.
(4) Oversized goods (packages larger than 1 cubic meter) are generally delivered by freight forwarding. NorthGateHub expressly notes that this goods will not be carried into the house.
CHEAPEST SHIPPING METHOD FOR RETURNS
(1) Please use the original packaging for the return of goods and accessories, even if it has been damaged by opening for functionality checks.
(2) Please use the prepaid and addressed return label provided with the goods delivery for the return. This is the simplest and most cost-effective shipping method. You are not obligated to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay the difference in costs compared to a more cost-effective method.
DEFECT RIGHTS
(1) A defective product upon delivery (warranty case) will be replaced or professionally repaired at NorthGateHub's expense, according to the customer's choice (subsequent performance). The customer is informed that no warranty case exists if the product had the agreed-upon condition at the time of transfer of risk. A warranty case does not exist, particularly in the following cases:
a) Damage caused by misuse or improper handling by the customer.
b) Damage resulting from the product being exposed to harmful external influences (especially extreme temperatures, moisture, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) NorthGateHub also does not provide a warranty for defects caused by improper repair by an unauthorized service provider.
(3) If the customer's requested type of subsequent performance (replacement delivery or repair) requires an effort that is grossly disproportionate to the value of the product, considering the contract's contents and principles of good faith, the customer's claim is limited to the other type of subsequent performance. NorthGateHub may also refuse this other type of subsequent performance under the aforementioned condition.
(4) Both for repairs and for replacement deliveries, the customer is required to send the product back at NorthGateHub's expense to the address provided, including the order number. The customer must remove any items inserted by them from the product before sending it back. NorthGateHub is not responsible for inspecting the product for such items and is not liable for any loss unless it was clearly visible at the time of return.
(5) If the customer returns the goods for a replacement product, the return of the defective product will be based on the following:
If the customer could use the goods in perfect condition between delivery and return, they must compensate for the value of the usage. For damage or deterioration of the goods not caused by the defect, the customer must compensate the value.
LIABILITY
(1) In the case of slight negligence, NorthGateHub is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in the event of harm to life, body, and health. For other damages caused by slight negligence due to a defect of the purchased item, NorthGateHub is not liable.
(2) Regardless of fault, NorthGateHub remains liable for fraudulent concealment of defects or the assumption of a guarantee. The manufacturer’s warranty is a guarantee from the manufacturer and does not represent a guarantee from NorthGateHub.
(3) NorthGateHub is also responsible for the impossibility of delivery during its delay, unless the damage would have occurred even with timely delivery.
(4) Personal liability of the legal representatives, agents, and employees of NorthGateHub for damages caused by slight negligence is excluded.
APPLICABLE LAW
The contract concluded between you and NorthGateHub is governed exclusively by the law of the United States, with the express exclusion of the UN Sales Convention. This does not affect mandatory provisions of the state in which you have your usual residence.
JURISDICTION
If you have not indicated a residence in the United States during the order process, or if you move your residence abroad after the conclusion of the contract, the place of jurisdiction for all disputes related to the contractual relationship is [City, State of NorthGateHub's headquarters].
DISPUTE RESOLUTION
General information on alternative dispute resolution according to the applicable laws:
The U.S. Federal Trade Commission (FTC) provides information on dispute resolution processes. You can contact the FTC or visit their website for more information on resolving disputes.
We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board and are also not willing to do so.
FINAL PROVISIONS
(1) Should individual provisions of this contract be or become invalid or void, the validity of the contract as a whole shall not be affected, as long as this does not result in an unreasonable disadvantage to either party.
(2) Amendments or additions to this contract must be made in writing.