NESTOR . NEUKAMP & STADLER
Terms and Conditions - General Terms and Conditions
We maintain a partnership with our customers. So that there are no misunderstandings, we publish our terms and conditions here.
General terms & conditions
Table of Contents
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects (Warranty)
9. Redeeming Promotional Vouchers
10. Redeeming Gift Certificates
11. Governing Law
13. Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of NEUKAMP & PARTNER Risk Consulting GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions 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 represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
– by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. 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 his order, the order data will be archived on the seller’s website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age. Using an age verification system, the seller ensures that the customer has reached the legally required minimum age. The goods are therefore only handed over after a successful age check and authentication of the customer.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified 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 you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller’s cancellation policy applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller’s registered office after consultation with the seller. In this case, no shipping costs will be charged.
5.6 Vouchers are given to the customer as follows:
– by email
6) Retention of title
6.1 In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for Defects (Warranty)
If the purchased item is defective, the statutory liability for defects applies. Notwithstanding this, the following applies:
7.1 If the customer acts as an entrepreneur,
– the seller has the choice of the type of supplementary performance;
– in the case of new goods, the limitation period for defects is one year from delivery of the goods;
– In the case of used goods, the rights and claims due to defects are fundamentally excluded;
– the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
7.2 The limitations of liability and shortened deadlines set out in the above paragraphs do not apply
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
– for claims for damages and reimbursement of expenses by the customer, as well as
– in the event that the seller has fraudulently concealed the defect.
7.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
– in the event of intent or gross negligence,
– in the event of intentional or negligent injury to life, limb or health,
– on the basis of a guarantee promise, unless otherwise agreed in this regard,
– due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
8.3 Apart from that, liability on the part of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only in the specified period.
9.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Several campaign vouchers can also be redeemed for one order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
9.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Redeeming Gift Certificates
10.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Multiple gift vouchers can be redeemed for one order.
10.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
11) Governing Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office on the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has his registered office outside the territory of the Republic of Austria, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is willing to do so.
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