Terms and Conditions
1. Scope of application
1.1 These General Terms and Conditions (GTC) apply to our business relationships via (NEXAT Shop / https://shop.nexat.de// ) with our customers who are consumers within the meaning of § 13 & 14 BGB (German Civil Code).
1.2 The GTC apply in particular to contracts for the sale and/or delivery of movable goods ("Goods"). Unless otherwise agreed, the GTC shall apply to similar future contracts in the version valid at the time of the Buyer's order or in any case in the version last communicated to the Buyer in text form, without us having to refer to them again in each individual case.
1.3 Legally relevant declarations and notifications by the Buyer in relation to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing. Written form within the meaning of these GTC includes written and text form (e.g. letter, e-mail, fax).
2. Contracting party
2.1 The purchase contract is concluded with NEXAT GmbH, Managing Directors authorized to represent: Felix Kalverkamp, Dipl.-Ing. Klemens Kalverkamp Meppener Straße 9-11, 49597 Rieste, Commercial Register: AG Osnabrück | HRB 212981
3. Conclusion of contract
3.1 The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
3.2 Only your order constitutes an offer to us to conclude a purchase contract. To place an order, you can place goods in your shopping cart, log in to our site, register or enter your personal data, then check your entries on the overview page and, by confirming the order in the final step of the ordering process by clicking the [Buy now] button, submit a binding purchase offer for the goods contained in the shopping cart. You can cancel the order at any time by clicking the "Cancel" or "Back" button or by closing the browser window. The overview page that appears before completing the order allows you to check your details again for input errors and, if there is an input error, to correct it by pressing the "Back" button.
3.3 Acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the buyer. Only then is a contract concluded. The sending of an order confirmation does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
4. revocation
4.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed activity), you have a right of withdrawal in accordance with the statutory provisions.
4.2 If you as a consumer make use of your right of withdrawal in accordance with section 4.1, you must bear the regular costs of returning the goods.
4.3 In all other respects, the provisions set out in detail in the cancellation policy shall apply to the right of cancellation.
5. Prices and shipping costs
5.1 Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply, ex warehouse. All prices quoted on our website are gross prices including the statutory value added tax and do not include any shipping costs that may be incurred.
5.2 In the case of sale by dispatch, the Buyer shall bear the transportation costs ex warehouse and the costs of any transport insurance requested by the Buyer. Any customs duties, fees, taxes and other public charges shall be borne by the Buyer. The costs incurred are shown separately during the ordering process and are to be borne by you in addition.
6. Delivery
6.1 The delivery time for parcels to Germany is 2-3 working days. For international shipping (Europe) the delivery time is 4-14 working days. For international shipping outside Europe, the delivery time is 10-24 working days.
6.2 Delivery is ex warehouse, which is also the place of performance for the delivery and any subsequent performance. At the request and expense of the buyer, the goods will be shipped to another destination (sale to destination). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
6.3 In cases of force majeure which have unforeseeable consequences for the performance of the service, the contracting parties shall be released from their performance obligations for the duration of the disruption and to the extent of its effect. Force majeure is any event beyond the control of the respective contracting party which prevents it in whole or in part from fulfilling its obligations. This includes, but is not limited to, labor disputes, civil unrest, armed or terrorist conflicts, natural disasters, official orders and epidemics. This does not imply automatic termination of the contract. The affected party shall immediately notify the other party of such an impediment and adjust its contractual obligations to the changed circumstances in good faith.
7. Prices
7.1 The buyer can pay using one of the payment methods offered (Paypal, credit card, Apple Pay, Google Pay, Klarna, Maestro debit card). We reserve the right to exclude individual payment methods.
7.2 During the period of default, interest shall be charged on the claim at the applicable statutory default interest rate. In addition, we reserve the right to charge a reminder fee of €2.50.
8. Retention of title
8.1 The goods shall remain our property until full payment has been made. The simple retention of title shall also apply to partial deliveries
9. Warranty for material defects
9.1 We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §434 ff. BGB.
10. Choice of law
10.1 These GTC and the contractual relationship between us and the Buyer shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence remain unaffected.
11. Written form clause
11.1 There are no collateral agreements. Amendments and supplements to this contract must be made in writing.
12. final provisions
12.1 Should individual provisions of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these terms and conditions, insofar as a contractual partner is not unreasonably disadvantaged as a result.
12.2 The contract language is German. The text of the contract will not be saved after conclusion of the contract. You will receive the order details by means of the order confirmation with all information to the e-mail address you have provided. You can view our GTC and cancellation policy on our website at any time and save or print them using the print function of your browser.
13. dispute resolution
13.1 The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.