Terms and conditions
Contract partner
On the basis of these General Terms and Conditions of Business, the customer and the
NEST Electronics GmbH
Hermann-Oberth-Straße 2
83052 Bruckmühl
Germany
Phone: +49 8062 78944
Fax: +49 8062 78948
E-Mail-Adresse: kontakt@nest-electronics.de
Represented by: Frank Tillges
Commercial register: Traunstein
Register number: HRB 7988
VAT identification number: DE 154 558 673
the contract is concluded. NEST Electronics GmbH is hereinafter referred to as the provider.
Object of contract
This contract regulates the sale of new goods and services via the provider’s online shop. Because of the details of the respective offer, reference is made to the product description on the offer page.
Conclusion of contract
The contract is concluded exclusively in electronic business transactions via the shop system. The presented offers represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept.
The order process to conclude a contract includes the following steps in the shop system:
- Selection of the offer in the desired specification (size, colour, quantity)
- Adding the offer to the shopping cart
- Press the button ‘order’.
- Entering the billing and delivery address
- Selection of payment method
- Verification and processing of the order and all entries
- Press the button ‘order for a fee’.
- Confirmation by e-mail that order has been received
With the sending of an order confirmation the contract comes off. The automatically generated and sent confirmation by e-mail about the receipt of the order does not represent a corresponding legally binding declaration. The contract is also concluded by sending the goods or providing the service.
Reservation of ownership
The delivered goods remain the property of the supplier until full payment has been received.
Prices, shipping costs, return shipping costs
All prices are final prices and include the legal sales tax.
In addition to the final prices, further costs are incurred depending on the mode of dispatch, which are displayed before dispatch of the order.
If there is a right of revocation and use is made of this, the customer bears the cost of return.
Terms of payment
The customer has only the following options for payment:
- prepayment
- payment service provider (PayPal)
Further payment methods are not offered and will be rejected.
The invoice amount must be transferred in advance to the account specified in the invoice, which contains all the details for the transfer and is sent by e-mail, after receipt of the invoice.
If a trustee service/payment service provider is used, this enables the provider and customer to process the payment among themselves. The trustee service/payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective trust service/payment service provider.
Der Kunde ist verpflichtet innerhalb von 14 Tagen nach Erhalt der Rechnung den ausgewiesenen Betrag auf das auf der Rechnung angegebene Konto einzuzahlen oder zu überweisen.
The customer is obliged to pay or transfer the stated amount to the account stated on the invoice within 14 days of receipt of the invoice.
A right of retention of the customer, which is not based on the same contractual relationship, is excluded.
Offsetting against claims of the customer is excluded, unless these are undisputed or have been legally established.
Terms of delivery
Der Versand erfolgt nach bestätigtem Zahlungseingang innerhalb von 7-10 Tagen.
The dispatch takes place after confirmed receipt of payment within 7-10 days.
The supplier ships the order from his own warehouse as soon as the entire order is in stock there.
The entrepreneur undertakes to deliver within 60 days of confirmed receipt of payment.
All unforeseeable events beyond the control of the Contractor which delay a delivery both in whole and in part, such as unavoidable shortages of raw materials, destruction of services already rendered by third parties or force majeure, unforeseeable operational disruptions at the Contractor’s or the supplier’s premises, entitle the Contractor to extend the delivery periods by the duration of the event beyond the control of the Contractor.
In the event of an operational disruption lasting more than six weeks, both the entrepreneur and the customer shall be entitled to withdraw from the contract.
The customer will be informed immediately of any delays.
Warranty
If the customer is an entrepreneur, the warranty period for new goods is limited to one year.
The supplier is granted the right to choose between repair or replacement if the goods are new and the customer is an entrepreneur.
If the customer is an entrepreneur, the warranty for used goods is excluded.
If the customer is a consumer, the warranty period for used goods is limited to one year.
This does not apply to claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.
Contract drafting
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery or, in the case of shipment, upon delivery of the goods to the selected service provider for this purpose.
Right of withdrawal and customer service
The rules on distance contracts do not apply to customers who are entrepreneurs. Therefore, these customers have no corresponding right of withdrawal due to distance contracts. The supplier also does not grant such a right.
Disclaimer of warranty
Claims for damages by the customer are excluded, unless otherwise specified for the following reasons. This also applies to the representative and vicarious agents of the supplier if the customer raises claims for damages against these claims. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual goal. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent.
Prohibition of assignment and pledging
Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider’s consent, unless the Customer has proven a justified interest in the assignment or pledge.
Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship shall also be carried out in German.
The law of the Federal Republic of Germany applies exclusively. This only applies to consumers insofar as no legal provisions of the state in which the customer has his residence or habitual abode are restricted.
The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
Salvatorian clause
The invalidity of a provision of these GTC shall not affect the validity of the other provisions.
Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO The European Commission provides a platform for online dispute resolution (OS) which you can find at https://ec.europa.eu/consumers/odr/.
Bruckmühl, 24.10.2016
GTC created via the Generator der Deutschen Anwaltshotline AG.