Terms of service

Table of Contents

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Granting of Rights of Use for Digital Content
Granting of Rights of Use for License Keys
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope

1.1

These General Terms and Conditions (hereinafter “GTC”) of NexaSwift GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2

These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these GTC is data created and provided in digital form.

1.3

These GTC shall apply accordingly to contracts for the provision of license keys, unless otherwise specified. The Seller owes the provision of a license key for the use of the digital content or digital services described by the Seller (hereinafter “digital products”) as well as the granting of the contractually agreed rights of use for the respective digital products. The Customer does not acquire any intellectual property rights in the digital product. The respective product description of the Seller shall determine the characteristics of the digital product.

1.4

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.5

An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity 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 contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2

The Customer may submit an offer via the online order form integrated into the Seller’s online shop. By clicking the button completing the order process after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart.

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 e-mail), whereby receipt of the confirmation by the Customer is decisive; or

  • by delivering the ordered goods to the Customer, whereby receipt of the goods is decisive; or

  • by requesting payment from the Customer after the order has been placed.

The contract is concluded at the time the first of the above alternatives occurs. If the Seller does not accept the offer within the specified period, this shall be deemed a rejection of the offer.

2.4

If a payment method offered by PayPal is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under PayPal’s terms and conditions. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.

2.5

If “Amazon Payments” is selected, payment processing is carried out via Amazon Payments Europe s.c.a., Luxembourg. By selecting this payment method and completing the order, the Customer simultaneously issues a payment instruction to Amazon. The Seller hereby declares acceptance at that moment.

2.6

The contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., e-mail). Further accessibility of the contract text is not provided. If the Customer has created a user account, order data is archived and accessible via the password-protected account.

2.7

Before submitting a binding order, the Customer can identify and correct input errors using standard keyboard and mouse functions.

2.8

Various languages are available for contract conclusion. The specific language selection is displayed in the online shop.

2.9

Order processing and contact generally take place by e-mail. The Customer must ensure that the provided e-mail address is correct and capable of receiving e-mails, including ensuring that spam filters do not block such e-mails.


3) Right of Withdrawal

3.1

Consumers are generally entitled to a right of withdrawal.

3.2

Further information can be found in the Seller’s cancellation policy.


4) Prices and Payment Conditions

4.1

Unless otherwise stated, prices are total prices including statutory VAT. Additional delivery or shipping costs are indicated separately.

4.2

For deliveries outside the European Union, additional costs (e.g., bank fees, exchange rate fees, customs duties, taxes) may arise and must be borne by the Customer.

4.3

Available payment methods are communicated in the Seller’s online shop.

4.4

If payment in advance by bank transfer is agreed, payment is due immediately upon conclusion of the contract unless otherwise agreed.

4.5

If a payment method offered via “Shopify Payments” is selected, payment processing is carried out via Stripe Payments Europe Ltd., Dublin, Ireland. Further information is available at: https://www.shopify.com/legal/terms-payments-de


5) Delivery and Shipping Conditions

5.1

Delivery is made to the delivery address specified by the Customer.

5.2

If delivery fails due to reasons attributable to the Customer, the Customer bears reasonable costs incurred, except where the Customer effectively exercises the right of withdrawal.

5.3

If the Customer is an entrepreneur, risk passes upon handover to the carrier. If the Customer is a consumer, risk passes upon delivery unless the Customer has independently commissioned the carrier.

5.4

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided the Seller is not responsible and has exercised due care.

5.5

Self-collection is not possible.

5.6

Digital content is provided:

  • by download

5.7

License keys are provided:

  • by e-mail

6) Granting of Rights of Use for Digital Content

6.1

Unless otherwise stated, the Seller grants the Customer a non-exclusive, unlimited in time and territory right to use the content for private and commercial purposes.

6.2

Transfer to third parties or reproduction for third parties is not permitted unless the Seller has agreed to a license transfer.

6.3

If the contract concerns one-time provision of digital content, rights become effective only after full payment.


7) Granting of Rights of Use for License Keys

7.1

The license key entitles the Customer to use the digital product as described in the product description.

7.2

Rights become effective only after full payment.


8) Retention of Title

If the Seller makes advance performance, ownership of delivered goods remains with the Seller until full payment is made.


9) Liability for Defects (Warranty)

Statutory warranty provisions apply unless otherwise stated.

9.1 If the Customer is an entrepreneur:

  • The Seller may choose the type of subsequent performance.

  • The limitation period for new goods is one year.

  • Warranty rights for used goods are excluded.

  • Replacement delivery does not restart the limitation period.

9.2

Limitations do not apply to claims for damages, fraudulent concealment, building materials, or update obligations for digital products.

9.3

Statutory recourse claims remain unaffected.

9.4

Merchants are subject to commercial inspection and notification obligations (§ 377 HGB).

9.5

Consumers are requested to report obvious transport damage, but failure to do so does not affect statutory rights.


10) Liability

10.1

The Seller is fully liable:

  • for intent or gross negligence,

  • for injury to life, body, or health,

  • under a guarantee,

  • under mandatory statutory liability (e.g., Product Liability Act).

10.2

For negligent breach of essential contractual obligations, liability is limited to foreseeable, typical damages.

10.3

Otherwise, liability is excluded.

10.4

These provisions also apply to agents and legal representatives.

11) Redemption of Promotional Vouchers

  • Redeemable only in the online shop and within the specified period.

  • Certain products may be excluded.

  • Only one voucher per order.

  • No cash payout or interest.

  • Not refundable if goods are returned.

  • Non-transferable unless otherwise permitted.


12) Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory protections of their country of residence remain unaffected.


13) Place of Jurisdiction

If the Customer is a merchant or legal entity under public law, the Seller’s registered office is the exclusive place of jurisdiction. The Seller may also choose the Customer’s place of jurisdiction where permitted.


14) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

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