§ 1 GENERAL TERMS OF CONTRACT
1. The following General Terms and Conditions are applicable to all contracts agreed between the seller and a customer (later referred to as buyer) in regards to the online shop www.nebulus.biz of Nebulus GmbH, represented by the managing director Mr Alexander Scharnböck, Mettenerstr. 21, 94469 Deggendorf (later referred to as seller).
2. Purchase agreements take effect both with the consumers and with the businesses.
3. A consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to either the commercial or the independent professional activity of such person.
4. Under Article 14 of the German Civil Code, a business entity is any natural or legal person, or a legally valid partnership, that concludes a legal transaction as part of their commercial or independent professional activity. A legally valid partnership is any partnership having the capacity to acquire rights and contract obligations.
§ 2 PURCHASE AGREEMENT
1. All products, articles and services that can be acquired in the seller’s online shop do not constitute legally binding offers but are rather an invitation for the buyer to submit an offer.
2. After the buyer submits an order, he or she will immediately receive an email acknowledging receipt of the order, however this does not yet legally constitute the acceptance of the offer, through which the purchase agreement is made. The purchase agreement is completed with the separate order confirmation by the seller.
§ 3 PRICES, VALUE ADDED TAX, PAYMENT
1. All prices shown are total prices including statutory value added tax plus any possible shipping costs according to the delivery method (see § 4) plus any possible shipping costs as well as any packaging costs.
2. The seller accepts the following payment methods: bank transfer (advance payment), PayPal, Amazon Payments. The seller provides the customer with an invoice for the items ordered. This will be included in the delivery of the items or sent via letter.
§ 4 DELIVERY, SHIPPING COSTS AND PASSING OF RISK
1. The delivery (delivery by shipping company) takes place promptly after receipt of payment or message through PayPal.
2. The seller’s terms of delivery and terms of payment are stated in greater detail on the order form. The delivery date can be found in the respective item description.
3. On the final order page before you submit your order (“order now”) you will again receive an oversight of the essential characteristics of the goods, the total price of the goods, as well as any elements connected to this, such as shipping and handling costs.
4. If the buyer is a consumer in accordance with section 13 of the German Civil Code (BGB), the shipping risk is borne exclusively by the seller. However, if the buyer is an enterprise the risk is passed to the buyer upon seller’s delivery to the shipping agent or the persons or institution agreed upon for dispatch.
§ 5. CANCELLATION POLICY
Cancellation policy and Standard Cancellation Form The following cancellation policy applies exclusively to consumers (see § 1 of the terms and conditions).
Right of Cancellation
You have the right cancel the agreement within 1 month without giving reasons for your decision. The cancellation period of 1 month commences on the day that you, or a third party named by yourself, who is not the carrier, have or has received the last of the goods.
In order to exercise you right of cancellation, you must communicate with us (Nebulus GmbH, represented by
the Managing Director Mr Alexander Scharnböck,
fax: +49 991 280 917 71,
telephone: 0991 344 788 100
by means of a clear declaration (e.g. via letter, fax or email) of your decision to cancel the contract. You may use the attached standard form to submit your notice of cancellation. Use of this form is not compulsory. Submission of your notice of cancellation before the expiry of the cancellation period will be deemed sufficient for compliance with the terms and conditions of cancellation.
Effects of Cancellation
Upon cancellation of the agreement, we have up to fourteen days from the day of receipt of your notice, to fully refund, without delay, all payments received from you, the consumer, including all shipping costs (with the exception of extra costs resulting from your decision to use an alternative form of delivery other than the least expensive standard option we offer). We will use the same means of payments as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the returned goods or until you have presented us with proof of return. On receipt of the goods, or proof of return, whichever occurs first, you will be refunded. You have a period of fourteen days, commencing on the day you inform us of the cancellation of your contract, to return the goods to us without delay. We will only acknowledge that you have complied with this time period if the goods are sent back to us before the fourteen day period has expired. The customer bears the direct costs of returning the goods. You will only be held liable for any loss in value of the goods that results from the handling other than what is necessary to ascertain the nature, properties and functioning of the goods.
-End of the cancellation policy-
Exceptions to the Right of Cancellation
The right of cancellation does not apply to the following contracts:
- the supply of goods which are not prefabricated and whose production has been determined by the customer and their specifications, or has been clearly tailored to the personal needs of the customer;
- the supply of goods which may deteriorate or expire rapidly;
- the supply of alcoholic beverages whose price is agreed at the conclusion of the contract, but that may only be delivered 30 days after the conclusion of the contract and whose actual value
is dependent on fluctuations in the market over which the business has no influence; - the supply of newspapers, journals or magazines with the exception of subscription contracts
The right of cancellation can expire
- the supply of sealed products which are not suitable for return due to health protection or hygienic reasons if unsealed by after delivery; - the supply of goods which due to their nature are inseparably mixed with other goods; - the supply of sealed audio or video recordings or of sealed software if unsealed after delivery.
Standard Cancellation Form
If you wish to cancel the agreement, please fill out this form and return it to us.
To [Nebulus GmbH, represented by Managing Director Mr Alexander Scharnböck, Mettenerstr. 21, 94469 Deggendorf, email: email@example.com, fax: (+49) 991 280 917 71]:
I/we(*) hereby exercise my/our(*) right to cancel my/our(*) agreement with regard to the purchase of
the following goods (*)/ the supply of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer (only necessary for notice submitted by post or fax)
_______ (*) Delete where inapplicable. § 6 Retention of Title
The Seller reserves the right to retain title to the delivered goods until complete payment of any related costs and charges owed have been made.
§ 7 WARRANTY
Statutory warranty rights apply to our goods.
§ 8 FURTHER INFORMATION REQUIREMENTS FOR DISTANCE SALES CONTRACTS AND ELECTRONIC BUSINESS TRANSACTIONS
1. Technical steps for conclusion of contract/order processing
Select the product that you wish to order by clicking on the “add to basket” button. Your selection will then be added to your basket. You can change this selection at any time before submission of the order, by changing the quantity, removing the selection by clicking the “delete” button or by terminating the order. By clicking on the “go to checkout” button, you proceed to the next step in the order process. Then enter your customer details. Your data will be collected, processed and used in compliance with the data privacy regulations. Any other use or disclosure to third parties does not occur. Select the desired payment method and click the “go to next step” button. Please carefully read the general terms and conditions and the cancellation policy. You may only proceed with the order once you have accepted the terms and conditions and the cancellation policy (by checking the box). By clicking on the “order now” button, you send your order to us. By doing so, you make a legally binding offer of purchase.
2. Storage of the contract after conclusion of the contract and access for the customer.
The terms of the contract, as well as your order information, will be saved by the seller. After completion of your order, you will receive a clear order confirmation containing all the information pertaining to your order. It is also possible to print the contract using the print function of your browser. Your order details can also be found in a message sent to your email address. In addition, the seller will send the contractual agreement to the buyer by email at any time upon request.
3. Option to Correct Input Errors
You have the possibility to change your entries at any point up until the submission of the order. This can be done either by clicking on the “back” button or by using your internet browser’s back button. Corrections can be made directly on the offer page in the available input fields. It is possible to update or delete products in the virtual shopping basket. These possibilities to correct data are available until the submission of the binding offer using the “order now” button.
4. Contract Language
The contract language is exclusively German.
5. Code of Conduct
The seller has not submitted to any applicable code of conduct.
6. Order Confirmation
After the submission of the order by the customer, the aforementioned will receive a confirmation email.
7. Complaints and Warranty
Complaints, in particular warranty claims, are to be made to the seller.
8. Essential Characteristics of the Goods
The essential characteristics of the goods can be found in the item description. This also applies to the period of validity of temporary offers.
§ 9 PRIVACY NOTICE
a) The collection, storage, alteration, disclosure by transmission, restriction, erasure, and use of your personal data occurs in compliance with existing data protection regulations.
b) The disclosure of your personal data to third parties occurs only for the purposes of order processing with service partners, e.g. with the financial institution responsible for payment matters and the logistics enterprise assigned to the delivery. The extent of the data transmitted in the case of disclosure of the your personal details to third parties is restricted to the minimum necessary.
c) Upon conclusion of the contract you agree to the processing and use of your personal data (e.g. address) in accordance with the aforementioned points. You have the possibility to object to this use at any time, without incurring additional costs other than the basic cost of transmission.
d) Under the German Data Protection Act you have the right to receive information on the data stored about you free of charge as well as the right to have such data amended, blocked or deleted if necessary. We ask you to use the contact address stated in the information about the provider in the case of a query of this kind. If the personal data saved by the provider about you is incorrect, it will be immediately corrected upon receipt of a message to that effect from your part.
e) Data protection is guaranteed through the German Federal Data Protection Act. Use is therefore only permitted so far as allowed by the German Federal Data Protection Act or legislation or with consent of the party concerned.
§ 10 ALTERNATIVE DISPUTE RESOLUTION IN ACCORDANCE WITH ARTICLE 14 PARAGRAPH 1 ODR -VO (ODR REGULATIONS) AND § 36 VSBG (CONSUMER DISPUTE RESOLUTION LAW):
The European Union has set up an online platform regarding out-of-court settlements for consumer dispute resolution which you can refer to. The online platform should serve as a point of contact for out-of-court settlements of disputes concerning contractual obligations that arise from online purchase agreements. The platform can be found at https://ec.europa.eu/consumers/odr/“
We are neither obligated nor willing to participate in a dispute resolution scheme in front of a consumer arbitration board.
§ 11 FINAL PROVISIONS
The contractual relationship between seller and customer as well as the respective terms and conditions shall be governed and construed in accordance with the laws of the Federal Republic of Germany. Consumers with habitual residence overseas can appeal to the law of the state in which they reside, regardless of the specific choice of law.