General terms and conditions with customer information

 

1) Scope

1.1  These general terms and conditions (hereinafter Nexus”) of Nexus LLC (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the seller in his Complete the goods displayed in the online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.

1.2  These terms and conditions apply accordingly to contracts for the delivery of digital content, unless expressly stipulated otherwise.

1.3  These terms and conditions apply accordingly to contracts for the delivery of license keys, unless otherwise expressly stipulated. The seller owes the provision of a license key for the use of the software or content described by him as well as the granting of the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property in the software or in the content. The respective product description in the seller’s online shop is decisive for the quality of the software or content.

1.4 A  consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5  Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier that is produced in digital form and made available by the seller with the granting of certain rights of use regulated more precisely in these terms and conditions.

 

2) Conclusion of the 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 submit a binding offer by the customer.

2.2  The customer can submit the offer using 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 for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by email, post or online contact form.

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 the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the 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 aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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.

2.4  When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.5  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 representation 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 the button that concludes the ordering process.

2.6  The German and English languages ​​are available for the conclusion of the contract.

2.7  Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 third parties commissioned by the seller to process the order can be delivered.

3) Prices and terms of payment

3.1  Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

3.2  For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

3.3  The payment option (s) will be communicated to the customer in the seller’s online shop.

3.4  If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

3.5  If the payment method “SOFORT” is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, identify himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. The customer can call up more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/ .

3.6  If you choose a payment method offered by the “Checkout” payment service, the payment will be processed by the payment service provider Checkout.com (hereinafter: “Checkout”). The individual payment methods offered by Checkout are communicated to the customer in the seller’s online shop. To process payments, mollie can use other payment services, for which special terms of payment may apply, to which the customer may be referred to separately. Further information on “Checkout” is available on the Internet at https://www.checkout.com .

3.7  If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the payment method purchase on account up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check if the payment method purchase on account is selected and to reject this type of payment if the credit check is negative.

 

5) Delivery and shipping conditions

5.1  The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.

5.2  If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.

5.3 Collection by the  customer is not possible for logistical reasons.

5.4  Digital content is provided to the customer exclusively in electronic form as follows:

• by download
• by email

5.5  License keys are given to the customer as follows:

• by email
• by download

 

6) Granting usage rights for digital content

6.1  Unless otherwise stated in the description of the content in the seller’s online shop, the seller grants the customer the non-exclusive, spatially and temporally unlimited right to use the content for private and business purposes.

6.2  A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.

6.3  The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the contractual content to be used before this point in time. A transfer of rights does not take place through such a provisional permit.

 

7) Granting of usage rights for license keys

7.1  The license key provided entitles the customer to use the software or content shown in the respective product description to the extent described there.

7.2  The granting of rights only becomes effective when the customer has paid the remuneration owed in full.

 

8) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

 

9) Liability for defects (warranty)

9.1  If the purchased item is defective, the provisions of statutory liability for defects apply.

9.2  Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply

• for things 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.

9.3  The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

 

10) Redemption of campaign vouchers

10.1  Vouchers that are issued free of charge by the seller as part of promotions with a certain 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 within the specified period.

10.2  Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.

10.3 Promotion  vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

10.4  Only one campaign voucher can be redeemed per order.

10.5  The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.

10.6  If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7  The credit of a campaign voucher is neither paid out in cash nor is interest paid.

10.8  The campaign voucher will not be reimbursed 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.

10.9  The campaign voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

11) Applicable Law

The law of the UAE 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.

12) place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the UAE , the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the UAE , the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims 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 call the court at the customer’s registered office.

13) Alternative dispute resolution

14.1  The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.