Table of Contents
Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Warranty (Defects Liability)
- Liability
- Redemption of Promotional Vouchers
- Applicable Law
- Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Netero GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers from the Seller, but serve as an invitation to the Customer to make a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding offer regarding the goods in the shopping cart by clicking the button that completes the order process.
2.3 The Seller can accept the Customer's offer within five days by:
- Sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, with the receipt of the order confirmation by the Customer being decisive, or
- Delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
- Requesting payment from the Customer after they have placed their order.
If multiple of the above alternatives occur, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins the day after the offer is sent by the Customer and ends at the close of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this will be considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under PayPal's terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a PayPal account, under the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method during the online ordering process, the Seller deems the Customer's offer accepted at the moment the Customer clicks the button that finalizes the order process.
2.5 When submitting an offer through the Seller's online order form, the contract text will be stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. No further availability of the contract text is provided by the Seller. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the relevant login details.
2.6 Before submitting the order bindingly through the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical means to better detect input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries as long as they follow the usual keyboard and mouse functions until they click the button that finalizes the order process.
2.7 Different languages are available for contract conclusion. The specific language choice will be displayed in the online shop.
2.8 Order processing and contact will usually be done via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing are deliverable when using SPAM filters.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.
3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description of the Seller, the prices stated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be separately indicated in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise that are not covered by the Seller and which the Customer must bear. These include, for example, costs for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment options will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after contract conclusion unless the parties have agreed on a later due date.
4.5 If a payment method offered by the "PayPal" payment service is selected, the payment processing is carried out via PayPal, with PayPal being able to use third-party payment service providers for this purpose. If the Seller offers payment methods via PayPal where PayPal advances the payment to the Customer (e.g., invoice purchase or installment payment), the Seller assigns its payment claim to PayPal or the third-party payment service provider appointed by PayPal and specifically named to the Customer. Before accepting the assignment declaration from the Seller, PayPal or the payment service provider appointed by PayPal will perform a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the case of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, payment can only be made to PayPal or the payment service provider appointed by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipment, returns, complaints, withdrawal declarations, and refunds.
4.6 If the "SOFORT" payment method is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account activated for participation in "SOFORT," authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account will be debited. Further information on the "SOFORT" payment method can be found by the Customer on the internet at https://www.klarna.com/sofort/.
4.7 If a payment method offered through the "Shopify Payments" payment service is selected, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, for which specific payment terms may apply, and the Customer will be separately notified about this. Further information about "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.
4.8 If a payment method offered through the "Klarna" payment service is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and terms from Klarna can be viewed here: https://neteroclo.com/pages/payments