Terms of Service
Terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping terms
- Retention of title
- Warranty (defects)
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope
1.1 These terms and conditions (hereinafter "T&C") of NERO Commerce GmbH (hereinafter "Seller") apply to all contracts for the supply of goods which a consumer or business (hereinafter "Customer") concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.
1.2 These T&C apply accordingly to contracts for the supply of goods with digital elements, unless otherwise agreed. In such cases the Seller is obliged, in addition to supplying the goods, to provide digital content or digital services (hereinafter "digital products") which are contained in or linked to the goods in such a way that the goods cannot fulfil their functions without them.
1.3 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4 A business within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, in concluding a legal transaction, acts in the exercise of their trade, business or profession.
2) Conclusion of contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but serve for the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. Having placed the selected goods in the virtual basket and completed the electronic order process, the Customer submits a legally binding contractual offer in respect of the goods in the basket by clicking the button that concludes the order process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
If several of the above alternatives apply, the contract is formed at the time when the first of these alternatives occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within this period, this is deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration.
2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") in accordance with the PayPal terms of use (see https://www.paypal.com
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent the order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account.
2.6 Before submitting the order bindingly via the Seller's online order form, the Customer can identify input errors by reading the information displayed on screen carefully. The browser's zoom function may help. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the order process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are generally by email and automated order processing. The Customer must ensure that the email address given for order processing is correct and that emails sent by the Seller can be received. In particular, when using spam filters the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
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 notice.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any applicable delivery and shipping costs are stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If a payment method offered via "Shopify Payments" is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, which may be subject to specific payment terms; the Customer will be informed of these where applicable. Further information on "Shopify Payments" is available at https://www.shopify.com
5) Delivery and shipping terms
5.1 If the Seller offers delivery of the goods, delivery is made within the Seller's stated delivery area to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the Seller's order processing is decisive for the transaction.
5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the Seller's reasonable costs. This does not apply to the cost of sending the goods if the Customer effectively exercises the right of withdrawal. For return shipping costs when the Customer effectively exercises the right of withdrawal, the provisions in the Seller's withdrawal notice apply.
5.3 If the Customer is a business, risk of accidental loss or deterioration of the goods passes to the Customer once the Seller has delivered the goods to the carrier. If the Customer is a consumer, risk generally passes only on handover to the Customer or an authorised recipient. By way of exception, risk also passes to consumers once the Seller has delivered the goods to the carrier if the Customer commissioned the carrier and the Seller had not previously named that carrier to the Customer.
5.4 Collection in person is not possible for logistical reasons.
6) Retention of title
If the Seller provides advance performance, it reserves title to the goods supplied until the purchase price has been paid in full.
7) Warranty (defects)
Unless the following provisions provide otherwise, the statutory provisions on warranty for defects apply. For contracts for the supply of goods the following applies:
7.1 If the Customer is a business,
- the Seller may choose the type of subsequent performance;
- for new goods the limitation period for warranty claims is one year from delivery;
- warranty rights are excluded for used goods;
- the limitation period does not begin again if replacement delivery is made under the warranty.
7.2 The above limitations and shortening of periods do not apply
- to claims for damages or reimbursement of expenses,
- if the Seller fraudulently concealed the defect,
- to goods used for a building in accordance with their normal use and which caused its defectiveness,
- to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.
7.3 For businesses, the statutory limitation periods for any statutory recourse claim remain unaffected.
7.4 If the Customer is a consumer, they are requested to notify the deliverer of goods with obvious transport damage and to inform the Seller. Failure to do so does not affect the Customer's statutory or contractual warranty claims.
8) Applicable law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country where they are habitually resident.
9) Place of jurisdiction
If the Customer is a merchant, legal person under public law or special fund under public law with its seat in Austria, the exclusive place of jurisdiction for all disputes under this contract is the Seller's place of business. If the Customer has its seat outside Austria, the Seller's place of business is the exclusive place of jurisdiction for all disputes under this contract where the contract or claims under it can be attributed to the Customer's trade or profession. In the above cases the Seller is nevertheless entitled in all cases to bring proceedings at the Customer's place of business.
10) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
