§ 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.