TERMS & CONDITIONS
Imprint (Legal Notice)
Pursuant to §5 German Telemedia Act (TMG)
Tim Michalek – NocturaSys
Tillystraße 13
90431 Nürnberg
Germany
Managing Director:
Tim Michalek
Contact:
Phone: 01794281032
E-mail:
info@nocturasys.com
VAT Identification Number pursuant to §27a German VAT Act:
DE369569702
Commercial Register:
Not applicable (no commercial register entry); small business operator pursuant to §19 UStG.
Responsible for Content pursuant to §55(2) RStV:
Tim Michalek NocturaSys
Tillystraße 13
90431 Nürnberg
Germany
Disclaimer
Liability for External Links
Our website contains links to external websites operated by third parties. We have no control over such content and therefore cannot assume liability for these external contents. The respective provider or operator remains responsible for the content of linked websites. At the time of linking, the sites were checked for potential legal violations; no unlawful content was detected. Permanent monitoring is unreasonable without concrete indications of unlawful activity. If such infringements become known, we will remove the links immediately.
Liability for Content
All content on our website has been prepared with the utmost care. However, we cannot guarantee accuracy, completeness, or current validity. In accordance with §7(1) TMG, we are responsible for our own content. Under §§8–10 TMG, we are not obligated to monitor transmitted or stored third-party information or investigate circumstances indicating illegal activity. Obligations to remove or block the use of information under general laws remain unaffected. Liability is only possible from the moment a specific infringement becomes known. If such violations become known, the content will be removed immediately.
Copyright Notice
All content and works created by the website operator are subject to German copyright law. Reproduction, editing, distribution, or exploitation outside statutory copyright limits requires prior written consent of the respective author or creator. Downloads and copies of this site are permitted solely for private, non-commercial use. Third-party copyrights are respected and clearly marked. If you become aware of a copyright violation, please notify us. Such content will be removed immediately upon confirmation.
General Terms & Conditions (AGB)
Please read these Terms & Conditions carefully before using this website. By using this website, you agree to them. If you do not agree, please refrain from using the site. The owner and operator is Tim Michalek NocturaSys, a sole proprietorship under German law based in Nuremberg.
1. Scope of Application
These Terms apply to all contracts concluded between NocturaSys and customers via www.nocturasys.com. Deviating conditions do not apply unless expressly accepted in writing.
2. Contract Duration
The contractual relationship begins with the conclusion of the purchase contract and ends upon complete fulfilment by both parties.
3. Acceptance of Orders
Product displays are non-binding. By clicking “Request Now”, the customer submits a binding offer. The contract is formed upon written order confirmation via e-mail.
4. Prices
As NocturaSys operates under §19 UStG (small business regulation), all prices are final and VAT-free. Shipping costs are displayed separately during checkout.
5. Price Increases
If more than four months pass between order and performance and prices increase, NocturaSys bears the risk. The customer may withdraw from the contract.
6. Payment Terms
Payment is due immediately after request confirmation. Accepted methods:
• PayPal
• Bank transfer
7. Discounts
No cash discounts (Skonto) are offered.
8. Delivery Period
Delivery is made to the address provided by the customer. The standard delivery time is four weeks after contract conclusion.
9. Delays
In case of delivery delay, NocturaSys will promptly notify the customer and propose a new delivery date. After setting a reasonable grace period, the customer may withdraw if delivery still does not occur.
10. Warranty (Defects)
Customers are entitled to statutory warranty rights. If repair or replacement fails, the customer may withdraw or reduce the purchase price.
11. Retention of Title
Goods remain the property of NocturaSys until full payment has been received.
12. Limitation of Liability
General Limitation
NocturaSys is liable for slight negligence only in cases of breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable, typical damages. Liability for personal injury or under product liability law remains unaffected.
Disclaimer for Improper Use
NocturaSys is not liable for damages or personal injury caused by improper use of the product. Improper use includes failure to follow operating instructions or using the device outside the specified conditions.
NocturaSys exclusively provides assembly services for electronic components into a night-vision or thermal-vision device. NocturaSys does not sell a finished product. No warranty or liability is assumed for the functional capability of components supplied by the customer.
No liability is assumed for damages caused by incorrect voltage supply or unsuitable power sources (e.g., incompatible adapters). Customers must comply with all technical specifications, especially input voltage requirements.
Shipping Costs for Repairs and Returns
For any returns, warranty cases, repair shipments, or service requests, the customer bears all associated costs, including but not limited to:
- outbound and return shipping costs
- customs duties
- brokerage fees
- storage fees
- inspection fees
- all additional shipment or customs-related charges
These costs remain the customer’s responsibility regardless of inspection or repair outcome.
12a. Extended Warranty for 3D-Printed Housing Components
NocturaSys provides a 3-year warranty on all 3D-printed housing components supplied or manufactured by NocturaSys, subject to the following conditions:
- The components must be used with reasonable care and within the intended operating conditions.
- Damage caused by external mechanical force, drops, crushing, exposure to excessive heat, chemical exposure, UV degradation due to improper storage, or unauthorized modifications is excluded.
- Normal wear and tear, cosmetic defects, or discoloration do not constitute a warranty claim.
- The warranty covers:
• cracking or structural failure under normal use
• defects in material quality
• manufacturing defects in the printed parts - The warranty does not cover electronic components or parts provided by the customer.
- Warranty performance consists solely of replacement of the defective printed part.
- The customer bears all costs associated with shipping, customs, and return logistics as stated above.
13. Copyright & Website Use
All content on this website is protected. Use is only permitted under these Terms. NocturaSys does not guarantee that use of any material does not infringe third-party rights. Images are either owned or licensed. Use outside of these Terms is prohibited.
The website and all content are provided “as is,” without warranties of any kind. NocturaSys assumes no liability for damages caused by browsing or downloading material, including viruses.
Any communication sent to the website (questions, comments, data) is considered non-confidential. NocturaSys may use such material for any purpose, including distribution, reproduction, or product development.
All trademarks and logos are protected. No license is granted unless explicitly provided in writing.
14. Right of Withdrawal (Consumers Only)
Consumers have the right to withdraw from the contract within 14 days without giving reasons.
Withdrawal Period
The withdrawal period begins:
- when the consumer or a third party receives the goods, or
- when the last item in a multi-item order is received, or
- when the final partial delivery is received.
To Exercise the Right of Withdrawal
Notify:
Tim Michalek NocturaSys
Tillystrasse 13
90431 Nürnberg
E-mail:
info@nocturasys.com
via a clear declaration (e.g., letter or e-mail).
Consequences of Withdrawal
Upon withdrawal:
- all payments will be refunded within 14 days,
- using the same payment method,
- excluding extra costs arising from selecting a non-standard delivery option,
- refund may be withheld until goods are returned or proof of shipment is provided.
Goods must be returned within 14 days of withdrawal notice.
Customers bear return shipping costs and any value loss caused by unnecessary handling.
Exclusions
No withdrawal right exists for:
- custom-made goods
- perishable goods
- sealed hygiene products once unsealed
- goods inseparable from other items
- sealed software or media once unsealed
- newspapers or magazines (except subscriptions)
Model Withdrawal Form
(Complete and return this form only if withdrawing from the contract.)
To:
Tim Michalek NocturaSys
Tillystraße 13
90431 Nürnberg
E-mail:
info@nocturasys.com
I/We hereby withdraw from the contract for:
Goods/Service: ________________________________
Ordered on / Received on: ____________________
Name: _____________________________________
Address: ___________________________________
Signature (if submitted on paper): _____________
Date: ______________________________________
