Terms and Conditions
1. AREA OF APPLICABILITY
The following general business terms in their valid version at the time of order placement are applicable to all orders. We do not acknowledge deviating conditions of the customer, unless we expressly agree to their validity. The text of these general business terms can be downloaded and printed.
2. CONTRACT CONCLUSION
Our specifications concerning goods and prices on the website are subject to confirmation and unbinding. The purchase contract is concluded when we confirm delivery of the goods. The confirmation of the receipt does not yet pose to be an acceptance on our part. Typing and clarification errors authorize us to withdraw. We also have a right of withdrawal if the ordered product is not available. The already paid purchase price will be immediately reimbursed in these cases. All prices are stated in Euro. Special offers are only valid as long as stocks last.
3. RIGHT OF CANCELLATION
The following cancellation policy is exclusively for consumers pursuant to §13 Civil Code (BGB).
You may cancel your contract declaration within 14 days without statement of reasons in text form (for example letter, fax, email) or – if you receive the object prior to expiration of the term – by sending back the object. The term commences after receipt of this policy in text form, however not prior to receipt of the goods by the recipient (in case of reoccurring not prior to receipt of the first partial delivery) and also not prior to the fulfilment of our informational obligations pursuant to Art. 246 § 2 in association with § 1(1) and (2) EGBGB as well as our obligations pursuant to § 312e (1) par. 1 Civil Code (BGB) in association with Art. 246 § 3 EGBGB. Timely dispatch of the withdrawal or the object is sufficient to fulfil the term of cancellation The cancellation shall be addressed to:
Nepata Vertrieb GmbH
Fax. 08442-95840 44
Consequences of cancellation
In case of an effective revocation, the mutually received benefits are to be returned and possibly derived benefits (e.g. interest) are to be returned. If you are unable to return the received service in whole or in part or only in deteriorated condition, you must perform compensation of equal value. Upon delivery of the objects, this does not apply if the deterioration of the merchandise is only caused by examination of the object as would possible in a store. You can avoid the obligation or damage compensation by not using the object like your property and refrain form anything that might impair its value. Any merchandise eligible for shipping shall be returned at our risk. You must pay the costs of return shipment if the delivered goods correspond to those ordered and were in good, working condition upon arrival. Otherwise the return shipment is free of charge for you. Objects that cannot be shipped will be picked up. Obligations for compensation of payments must be fulfilled within 30 days. This period commences for you with the submission of your cancellation or the object, for us with its receipt.
End of the cancellation policy
Special fabrications and special products, as well as unsealed software products are generally exempt from return.
Delivery is performed ex warehouse to the address indicated by the customer at the costs stated in the online shop. In case of exceptionally heavy or bulky products we reserve the right to raise the shipping costs in agreement with the customer. If the goods are shipped abroad by request or the costumer selects a special type of shipment he shall pay the accruing surcharges. In case of delivery abroad the customer shall also pay the accruing customs and taxes beyond that.
Insofar nothing deviating is agreed upon, statements concerning the delivery terms are unbinding.
5. PAYMENT CONDITIONS
The purchase price is due immediately after receipt of the goods without deduction.
The customer can pay via credit card, advance bank transfer, immediate bank transfer, cash upon delivery or direct debiting.
If the customer pays with cash upon delivery, we must charge a fee amounting to 6.00€. Outside of Germany and Austria the cash upon delivery fee is 15€.
If the customer comes under delay of payment we are authorized to bill interest amounting to 5% above the respective base interest rate of the European Central Bank (EZB) as of the corresponding point in time. If we prove a higher damage of delay, we are authorized to enforce it. The customer on his part is authorized to prove to us that no damage or a significantly lower damage occurred to us in consequence of the delay in payment.
The customer only has the right of offsetting his counter-claims if they are legally confirmed or if weacknowledged them in writing. The customer is only authorized to execute a right of retention if his counterclaim is based on the same contract relationship.
6. SHIPPING AND TRANSFER OF RISK
The risk is transferred to the customer in case of commercial customers and other juristic persons, as soon as the shipment has been handed over to the persons conducting the transport or has left the plant of the seller for the purpose of shipment. If the shipment is delayed upon request of the customer, the risk is transferred to him upon notification of the readiness for dispatch.
Upon request of the customer, deliveries are insured at his name and to his account. In case of consumers, the risk is transferred to the customer upon delivery by the forwarding agency.
If the goods carry a defect under our responsibility, we are obliged to supplementary performance with the exclusion of the rights of the customer to withdraw from the contract or to reduce the purchase price, unless we are authorized to deny supplementary performance due to the legal regulation. The customer shall grant us an adequate term for supplementary performance.
The supplementary performance may be done by elimination of the defect or delivery of new goods. During the supplementary performance, the reduction of the purchase price or the withdraw from the contract by the customer is excluded. The supplementary performance is deemed as failed with the second unsuccessful attempt. If the supplementary performance failed, the customer can demand a reduction of the purchase price or declare withdrawal from the contract.
Damage compensation claims under the following conditions due to the defect can only be enforced by the customer if the supplementary performance failed. The right of the customer for enforcement of further damage compensation claims at the following conditions remains unaffected.
We are liable without limitations according to the legal conditions for damages to life, body, and health that are based on a negligent or intentional violation of obligation by us, our legal representatives or our auxiliary agents, as well as for damages that are included in the liability according to the product liability law, as well as for all damages that are based on intentional or grossly negligent contract violations, as well as malicious intent of the previously stated persons. Insofar we have stated a written guarantee for condition and/or durability regarding the goods or parts, we are also liable in the framework of this guarantee. However, we are only liable for damages that are based on the omission of the guarantee for condition or durability, but do not occur directly on the goods if the risk of such damage is clearly included in the condition and durability guarantee.
We are also liable for damages that are caused by simple negligence, insofar this negligence involves the violation of essential contractual obligations or a cardinal obligation. The same is applicable if the customer is entitled to damage compensation instead of the service. However, we are only liable insofar the damages are typically associated with the contract and are foreseeable.
Further liability by us is excluded without consideration of the legal nature of the enforced claim; this is also especially applicable to tortuous claims or claims of unsuccessful expenditures instead of the service; our liability according to clause 5 of this clause remains unaffected by this. Insofar our liability is excluded or limited, this is also applicable to the personal liability of our employees, workers, co-workers, representatives and auxiliary agents.
8. RETENTION OF TITLE
We reserve the right of retention of title or the goods up to receipt of all payments from the purchase contract.
The customer shall inform us immediately about all access of third parties, particularly about enforcement measures, as well as other impairments of his property in writing. The customer shall reimburse us for all damages and costs that occur to us due to a violation of this obligation and due necessary intervention measures against the access of third parties.
If the customer behaves contrary to contract, particularly if the customer does not fulfil his payment obligation in spite of reminders, we may withdraw from the contract after a prior adequate determination of a grace period and demand the return of the goods still in his possession. The accruing transport costs shall be paid by the customer. Seizure of the goods by us always equals a withdrawal from the contract. After receipt of the goods, we are authorized to utilize them. The utilization proceeds shall be offset on our obligations – minus adequate utilization costs.
9. DATA PROTECTION
The customer was extensively informed about the collection, processing, and utilization of personal data under the column Data protection and expressly agrees to this collection, processing, and utilization.
10. APPLICABLE LAW AND PLACE OF JURISDICTION
German law with the exclusion of the UN Convention on the international sale of goods is applicable. Place of jurisdiction is, insofar legally admissible, Pfaffenhofen. These general business terms remain valid in their remains also in case of legal ineffectiveness of single clauses. The legally admissible clauses shall replace ineffective regulations.
nepata Systems gmbh
Hochstatt 6 - 8
+49 8442 95840-0