Terms and Conditions
Terms and Conditions
1. Scope
1.1 These General Terms and Conditions ("Terms") apply to all agreements for the sale and delivery of goods entered into between a consumer or business ("Customer") and Richard Jason Montenegro, operating as "Noah's Home and Crafts" ("Seller"), through the Seller’s online store. Any inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These Terms also apply to agreements for the delivery of vouchers unless expressly stated otherwise.
1.3 For the purposes of these Terms, a consumer is any natural person who enters into a transaction for purposes that are primarily outside their trade, business, or profession. A business is any natural or legal person, or a legal partnership, that enters into a transaction in the course of their trade or professional activities.
2. Contract Formation
2.1 The product descriptions in the Seller's online store do not constitute binding offers. Instead, they serve as an invitation for the Customer to submit a binding purchase offer.
2.2 The Customer can submit an offer via the Seller's online order form. After adding selected items to the shopping cart and completing the electronic ordering process, the Customer submits a legally binding purchase offer by clicking the final order confirmation button. Additionally, the Customer may place an order by phone, email, postal mail, or the online contact form.
2.3 The Seller may accept the Customer's order within five days by:
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Sending a written or email order confirmation, in which case the receipt of the confirmation by the Customer is decisive, or
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Dispatching the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
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Requesting payment from the Customer after the order has been placed.
If multiple acceptance methods apply, the contract is concluded at the moment one of them occurs first. If the Seller does not accept the Customer's order within five days, the Customer is no longer bound by their purchase offer.
2.4 If payment is made through PayPal, the payment process is governed by PayPal’s Terms of Service. If the Customer selects a PayPal payment method, the contract is concluded at the moment the Customer confirms payment.
2.5 If payment is made through Amazon Payments, the contract is concluded at the moment the Customer confirms the payment process with Amazon Payments.
2.6 When ordering through the Seller’s online order form, the contract text is stored and sent to the Customer via email after order submission. The Seller does not provide further access to the contract text.
2.7 Before finalizing the order, the Customer can review and correct any input errors using the provided editing tools.
2.8 The contract is concluded exclusively in English.
2.9 Order processing and communication typically occur via email. The Customer must ensure that the provided email address is correct and able to receive messages from the Seller.
3. Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 More information regarding the withdrawal policy is available in the Seller’s withdrawal instructions.
3.3 The right of withdrawal does not apply to consumers who are not residents of the European Union at the time of contract conclusion.
4. Pricing and Payment
4.1 Unless otherwise stated, all prices include applicable taxes. Shipping fees, if applicable, are specified separately.
4.2 For international orders outside the United States, additional charges (such as currency exchange fees, import duties, or taxes) may apply, which are the responsibility of the Customer.
4.3 Available payment methods are displayed in the Seller’s online store.
4.4 Payments processed via "Shopify Payments" are handled by Stripe Payments Europe Ltd.
5. Shipping and Delivery
5.1 The goods are shipped to the delivery address specified by the Customer. If PayPal is selected as the payment method, the shipping address provided at the time of payment is used.
5.2 If delivery fails due to Customer-related reasons (e.g., incorrect address, failure to accept delivery), the Customer bears the additional costs.
5.3 The Seller reserves the right to cancel the contract in cases of non-availability of goods. If this occurs, the Customer will be promptly notified and any payments refunded.
5.4 Self-pickup is not available for logistical reasons.
5.5 Gift cards are delivered via:
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Download
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Email
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Postal mail
6. Retention of Title
The Seller retains ownership of the delivered goods until full payment has been received.
7. Warranty and Liability
7.1 The statutory warranty applies in the case of defects.
7.2 For used goods, warranty claims are excluded if the defect appears more than one year after delivery. Claims for defects occurring within the first year remain valid under statutory limitations.
7.3 Consumers are encouraged to inspect goods upon delivery and report any obvious transport damage to the carrier and Seller. Failure to do so does not affect statutory warranty rights.
8. Discount Coupons
8.1 Promotional discount coupons (not purchased by the Customer) are valid only for a limited period and can only be used in the Seller’s online store.
8.2 Certain products may be excluded from promotional discounts.
8.3 Coupons must be applied before completing the order. They cannot be applied retroactively.
8.4 Only one discount coupon can be used per order.
8.5 Coupons cannot be exchanged for cash or earn interest.
8.6 If the purchase is returned, the coupon value will not be refunded.
9. Gift Cards
9.1 Purchased gift cards can be used only in the Seller’s online store.
9.2 Gift cards remain valid until the end of the third year following the year of purchase.
9.3 Multiple gift cards can be used per order.
9.4 Gift cards cannot be used to purchase additional gift cards.
9.5 If the gift card balance is insufficient, the remaining amount must be paid using another accepted payment method.
9.6 Gift cards cannot be exchanged for cash or accrue interest.
10. Governing Law
10.1 These Terms are governed by the laws of the United States, excluding conflict-of-law provisions.
10.2 For consumers outside the United States, these Terms do not affect any mandatory consumer protections provided by their country of residence.