Terms of Service
Languages translation note:
Please note that the reference language is German, all other languages are translated with "Google Translate", automatic machine translation, is only for better understanding.
Table of Contents
- scope
- conclusion
- Prices and Payment
- Delivery and shipping conditions
- liability for defects
- Applicable law, place of jurisdiction
1) Basic information on handling personal data
1.1 These terms and conditions of Neckstar AG (hereinafter "seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods and/or services presented by the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
1.2 A consumer in the sense of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not 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 via the online order form integrated in the seller's online shop. After entering his personal data by clicking the button that concludes the order process, gives a legally binding contract offer in relation to the goods and/or services contained in the shopping cart.
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 email), whereby the receipt of the order confirmation is decisive in the customer, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
2.4 The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent.
2.5 When submitting an offer via the online order form of the seller, the contract text is saved by the seller and sent to the customer after sending his order along with the available terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account, stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending its order.
2.6 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 The order processing and contact take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.
3) Prices and terms of payment
3.1 The prices stated by the seller are total prices. Sales tax is not shown because the seller falls under the small business regulation. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
3.2 The customer has various payment options available, which are specified in the seller's online shop.
3.3 If prepayment has been agreed, payment is due immediately after the contract is concluded.
3.4 If the payment method "PayPal" is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This sets u. a. in advance that the customer opens a PayPal account or already has one.
4) Delivery and shipping conditions
4.1 The delivery of goods takes place regularly via the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, the delivery address deposited by PayPal at the time of payment is decisive when selecting the payment method PayPal.
4.2 If the transport company sends the goods back to the seller, because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment.
4.3 Basically, the risk of random loss and the random deterioration of the sold goods passes to the commissioned transport person with the abandonment of the goods.
4.4 Pick -up is not possible for logistical reasons.
5) liability for defects
5.1 The legal liability applies.
5.2 After receiving the article, read all stickers carefully.
5.3 Articles purchased from us are sold without any guarantee or promise, neither expressly nor tacitly to treat or heal.
6) Applicable law, place of jurisdiction
6.1 If the customer acts as a consumer within the meaning of section 1.2, Swiss law applies to all legal relationships between the parties to the exclusion of the UN Convention on the International Sale of Movable Goods and the exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.
6.2 Handelt der Kunde als Unternehmer im Sinne der Ziffer 1.2, so ist ausschließlicher Gerichtsstand für alle Streitigkeiten aus diesem Vertrag der Wohn- oder Geschäftssitz des Verkäufers. Januar 2017