Terms of Service

§ 1 Scope and Definitions

(1) The following General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded between Nero GmbH (hereinafter: Provider) and consumers (hereinafter: Customer) within the framework of its electronic ordering service.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

§ 2 Conclusion of Contract, Offer and Acceptance

(1) The product offers presented in the webshop are non-binding and do not constitute legal offers. By clicking the “Add to Cart” button, the customer can place selected products in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer by the customer.

(2) Before submitting a binding contractual offer, the contents of the order, including customer data, are summarized on an overview page. The customer can review all order details and make corrections using the provided editing fields.

(3) By clicking on the “Buy now” button, the customer submits a binding offer to purchase the goods in the shopping cart.

(4) Immediately upon receipt of the offer, the provider shall send the customer an automatic confirmation of receipt by email, which confirms receipt of the order and provides its details (order confirmation). This does not constitute acceptance of the contract, but merely serves to document receipt of the order by the provider. A purchase contract is only concluded when a separate shipping confirmation is sent or implicitly when the goods are delivered.

(5) The customer can call up all details of his order at any time via the “My account” function.

(6) The contractual provisions including the GTC shall be available to the customer in text form at the latest upon delivery of the goods.

§ 3 Delivery, Availability of Goods

(1) If the goods selected by the customer are permanently unavailable at the time of the customer’s order, the supplier shall inform the customer of this and refrain from issuing a declaration of acceptance. A contract is not concluded in this case.

(2) If the goods selected by the customer are only temporarily unavailable at the time of the customer’s order, this must be expressly indicated in the order confirmation, stating an expected delivery time. In the event of a delay in delivery of more than two weeks from the order date, both the supplier and the customer shall be entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately in this case.

§ 4 Retention of Title

The delivered goods remain the property of the supplier until full payment has been made.

§ 5 Prices and Shipping Costs

(1) The prices of goods stated on the provider’s website include the applicable statutory value added tax.

(2) The goods shall be dispatched by post. The shipping costs are to be borne by the customer. These are indicated on the order form before the order is placed.

§ 6 Payment Modalities

(1) The purchase price is due upon conclusion of the contract.

(2) The customer can pay in advance or via PayPal.

(3) If, after conclusion of the contract, the supplier becomes aware that payment is at risk due to the customer’s inability to pay, he shall be entitled to demand advance payment. Furthermore, the customer may withdraw from the contract after unsuccessfully setting a deadline for payment of the purchase price.

(4) The customer shall only be entitled to offset undisputed or legally established counterclaims. The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.

§ 7 Warranty for Defects and Guarantees

(1) The provider shall be liable for material defects in accordance with the applicable statutory provisions.

(2) Any guarantee is expressly stated in the provider’s order confirmation for the respective goods.

§ 8 Liability for Damages

(1) The provider is always liable for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(2) Liability for simple negligence shall only exist in the event of a breach of a material contractual obligation. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. In this case, however, liability is limited to damages that the provider could typically expect to occur according to the circumstances known at the time the contract was concluded.

(3) Liability for any guarantee assumed for the quality of the goods remains unaffected by this. Likewise, liability for damages that are to be compensated under the Product Liability Act, as well as for damages to life, body or health.

§ 9 Right of Withdrawal of the Consumer

(1) The customer has a right of revocation, about which the provider informs the customer in the automatic confirmation of receipt by e-mail (order confirmation). Further details can be found in the cancellation policy, which can be accessed at any time on the provider’s website via the “Cancellation policy” button.

(2) The withdrawal period is a standard 14 days after the instruction has been given or 1 month if no instruction has been given in text form. The right of revocation begins as soon as the goods have been received by the consumer and ends automatically at the latest 12 months and 14 days after receipt of the goods by the consumer, irrespective of any previous revocation instruction.

(3) Downloads and digital goods are excluded from the right of withdrawal.

(4) The revocation can be made both in “text form” (post, e-mail, fax) and verbally by telephone.

(5) The revocation by the customer must be declared expressly and unambiguously via one of the methods listed under § 9 para. 4. The mere return of the goods or a refusal to accept a parcel does not constitute an effective declaration of revocation. The revocation can be made, for example, by e-mail or via a new contact form that the online retailer must make available for this purpose. Furthermore, the online retailer is obliged to send the customer a written notification (text form) that it has received knowledge of the consumer’s withdrawal.

(6) The reversal after revocation shall be effected by reimbursement of the money concurrently against return of the goods within a period of 14 days. The services received by both parties must be returned and any benefits derived (e.g. interest) surrendered.

(7) The customer must pay compensation for any loss in value of the goods if this is due to handling of the goods which was not necessary to check the nature, characteristics and functioning of the goods and, furthermore, the trader has informed the consumer of his right of withdrawal in accordance with Article 246a § 1 paragraph 2 sentence 1 number 1 of the Introductory Act to the German Civil Code.

(8) The right of withdrawal applies uniformly throughout Europe.

(9) The provider has a “sample withdrawal form” at his disposal, which is to be individually adapted by the provider according to the nature of the contract.

(10) After effective revocation, the customer must bear the risk and costs of returning the goods.

§ 10 Data Protection

(1) In accordance with § 33 BDSG, the provider collects and stores customer data as part of the processing of contracts. In doing so, it shall observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider shall only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.

(2) The provider shall not use the customer’s data for advertising or market and opinion research without the customer’s consent.

(3) The customer has the option of retrieving, changing or deleting stored data under his personal access at any time.

(4) Further details on data processing can be found in the privacy policy, which is available on the provider’s website in printable and storable form at any time. The customer may request information about the personal data stored about him at any time.

§ 11 Final Provision

(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The contract shall remain binding in its remaining parts even if individual points are invalid.