Terms & Conditions

Terms and Conditions

Terms and Conditions B2B



General Terms and Conditions for contracts with consumers and customer information of NEUTEC GmbH

Table of contents

I. General Terms and Conditions

 1. Applicability
 2. Conclusion of contract
 3. Right of revocation
 4. Payment, shipping costs, default
 5. Retention of title
 6. Delivery
 7. Default in acceptance
 8. Warranty
 9. Limitation of liability
 10. Data protection
 11. Applicable law
 12. Information about online dispute resolution pursuant to Article 14 (1) of the Resolution on online dispute resolution for consumer disputes (ODR-VO)

 13. Severability clause

II. Customer information

1. Information about the identification of the Seller
2. Information about the important characteristics of the goods

3. Information about the conclusion of the contract

4. Information about the payment and delivery

5. Information about the technical steps which lead to the conclusion of the contract
6. Information about the storage of the contract contents
7. Information about the technical means to detect and correct input errors
8. Information about the languages available for the conclusion of the contract

9. Price and product change

I. GENERAL TERMS AND CONDITIONS

§ 1. Applicability

(1) The services of the Seller in the online shop www.neutec.com.de with regard to contracts with consumers shall be rendered exclusively under the following General Terms and Conditions in the version applicable at the moment of placing the order. Any deviating general terms and conditions of the Orderer shall not be recognized provided that the Seller expressly grants the Seller’s consent to their validity in writing.

(2) The Customer shall be deemed a consumer, unless the goods and services ordered are used for a purpose related to the Customer’s commercial or independent professional activity. However, Entrepreneur shall be any natural or legal person or an entity with legal personality which at the moment of concluding the contract conducts their commercial or independent professional activity. Entrepreneurs shall be asked to accept the General Terms and Conditions for entrepreneurs.

§ 2. Conclusion of contract

(1) The goods presented in our online shop shall not constitute a binding offer. They shall constitute an invitation for the Buyer to place a binding offer.

(2) At first, add the goods to the shopping cart. To proceed to order process, click the button “View cart”. When you do not want to buy anything more, click the “Checkout” and go to login. Enter your e-mail address and create a password for a new customer. If you are an existing customer, login directly with your password. Alternatively, you can also place an order without registration as a guest. When you have entered your data, in particular invoice and delivery addresses as well as a selected payment method and when you have clicked the button “Purchase”, you place a binding offer to conclude a purchase contract. Before the ordered goods are sent, the Customer may change and view the date at any time. However, the request may only be made and sent if the Customer has accepted these terms and conditions by clicking “Accept GTC”, thereby incorporating them into the request.

(3) We may accept your order by sending you an order confirmation by e-mail or by delivering the goods within three working days.

(4) The contract is concluded exclusively in German.

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§ 3. Right of revocation for consumer

Revocation policy

(1) Right of revocation
You shall have the right to revoke this Contract withing fourteen days without giving any reasons.

Should you order a single item of goods or numerous goods in one purchase order which are delivered to you together, the revocation period shall be fourteen days from the day on which you or a third party, which is not a carrier, appointed by you received the goods.

Should you order numerous goods in one purchase order which are delivered to you separately, the revocation period shall be fourteen days from the day on which you or a third party, which is not a carrier, appointed by you received the last goods.


In order to exercise your right of revocation, you must send to the following address
neutec GmbH

Address: Gontardstraße 11

10178 Berlin

Phone number: (030) 40817 2703
E-mail: neutec@neutec.com.de

a clear declaration (e.g. by a letter, fax or e-mail) on your decision to revoke this Contract. For this purpose, you may use the revocation form attached hereto; however, this is not obligatory.

To ensure the period of revocation it shall be enough if you send the information about the exercising of the right of revocation before the revocation period expires.

Download the form: Revocation form

(3) Consequences of revocation
Should you revoke this Contract, we shall return all payments, which we have received from you, including the costs of delivery (except for the extra costs which result from the fact that you chose a different method of delivery that standard delivery recommended by us), immediately and within fourteen days from the day on which we received the information on your revocation of this Contract at the latest.

In order to effect this refund we shall use the same method of payment which you used for the original transaction unless expressly agreed otherwise; you shall not be charged any fees for this refund in any case.


We may refuse to effect such refund unless we do not receive the goods back or you prove that you have already sent the goods back, whichever is the earlier. You shall send or deliver the goods back to us immediately and within fourteen days from the day on which you inform us of the revocation of this Contract in any case. The deadline shall be deemed to have been met if you have sent the goods before the period of fourteen days expires.

You shall bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

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§ 4. Payment, shipping costs, default

(1) The prices stipulated on our website at the moment of placing the order shall apply. All prices shall include statutory VAT as well as any costs of transport.

(2) The payment shall be made by credit card, PayPal, immediate transfer as well as cash on delivery. For the last payment method, a fee in the amount of EUR 25.00 shall be charged. Cash on delivery shall be possible only for shipment with delivery address in Germany.

(3) Should the Buyer be in default of payment, we shall have the right to charge default interest at the statutory rate. In case we claim a higher damage caused by the delay, the Buyer shall have the possibility to prove that the damages being claimed were not incurred at all or at least to a significantly lesser extent.

§ 5. Retention of title

(1) Until all claims are fully paid, we shall reserve the right of title to the acquired goods. Consequently, the goods delivered shall not be changed or sold without consent of the Seller.

(2) In the event that the Buyer acts contrary to the contract, in particular in the event of default in payment, the Seller shall have the right to remove the goods at the cost of the Buyer. This shall apply to any auxiliary means. The Buyer shall already now waive the right of possession in this respect. We shall accept this waiver.

§ 6. Delivery

(1) The goods shall be delivered within approx. 3 working days after receiving the order. We shall indicate any possible divergent delivery times on the respective product side. The period of delivery determined by us shall commence after the Customer has fulfilled the Customer’s obligations properly and on time, in particular the correct delivery address for the purpose of the order.

(2) We shall not assume any procurement risk. We shall have the right to withdraw from the contract if we should not receive the goods despite the conclusion of a respective purchase contract; our responsibility for intent and negligence shall remain unaffected. We shall immediately inform the Buyer whenever the goods are not be available on time and, if necessary we shall immediately exert the right to withdraw from the contract; in the event of the withdrawal we shall immediately provide the Buyer with the respective fair consideration.

§ 7. Default in acceptance

(1) Should the Customer be in default of acceptance or violate any other duties of contractual cooperation, we shall have the right to claim any incurred damages, including any additional costs. Any further claims shall remain reserved. In all other respects, the legal regulations shall be applicable.

(2) The Customer shall be reserved the right to prove that damages in the amount requested were not incurred at all or at least to a significantly lower amount. The risk of accidental destruction or accidental deterioration of the goods shall pass to the Buyer when the Buyer is in default of acceptance or payment.

§ 8. Warranty

(1) In the event of a defect the Customer may choose if the Customer wishes a supplementary performance by repair or replacement. However, the Seller shall have the right to refuse the supplementary performance type chosen by the Customer if it is possible at unreasonable costs and the other type is possible without considerable disadvantages for the Customer. Should the supplementary performance fail or should the Seller refuse the supplementary performance, the Customer may claim a price reduction or revoke the Contract. Any possible claims for damages of the Customer shall remain unaffected.

(2) Unintended or improper use shall exclude the warranty claims.

(3) Download Complaint Form here.

§ 9. Limitation of liability

(1) The Seller shall be liable to consumers only for intent or gross negligence, with the exception of violations of material contractual obligations, default of payment or impossibility to render the services offered by the Seller. Except for intent and/or gloss negligence by the Seller, the Seller’s statutory representatives and executive management, the liability of the Seller shall be limited to the amount of typical damages foreseeable at the moment of conclusion of the contract.

(2) The above mentioned limitation of liability shall not apply in case of an express acceptance of warranties by the Seller as well as damages for injury to life, body or health.

§ 10. Data protection

We shall treat your personal information confidentially and in accordance with statutory data protection provisions. Your personal data is not transmitted without your express approval or only in the context of the necessary execution of the contract, to the enterprises entrusted with the delivery of the goods.

§ 11. Applicable law

The laws of the Federal Republic of Germany shall apply; the UN Convention on the International Sale of Goods shall be excluded, provided that as a result of such choice of law the consumer is not deprived of consumer protection.

§ 12. Information about online dispute resolution pursuant to Article 14 (1) of the Resolution on online dispute resolution for consumer disputes (ODR-VO)

The European Commission provides a platform for online dispute resolution. Such platform shall be used as a place to go for the purpose of out-of-court settlement of disputes related to contractual obligations which arise from online purchase contracts. The platform can be found under the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE

§ 13. Severability clause

Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of these General Terms and Conditions shall be unaffected. The invalid or unenforceable provision shall be replaced with a valid or enforceable provision which comes as close as possible to the purpose of the invalid or unenforceable provision which the contracting parties actually wanted to determine.

II. CUSTOMER INFORMATION

1. Information about the identification of the Seller

Neutec GmbH

Address: Gontardstraße 11

10178 Berlin

Phone number: (030) 40817 2703
E-mail: neutec@neutec.com.de

2. Information about the important characteristics of the goods

The important characteristics of the goods shall be stipulated in the description of the goods provided by the Seller.

3. Information about the conclusion of the contract

The Contract shall be concluded pursuant to § 2 of these General Terms and Conditions of the Seller (see I above).

4. Information about the payment and delivery

The payment shall be effected pursuant to § 4 and the delivery pursuant to § 6 of these General Terms and Conditions of the Seller (see I above).

5. Information about the technical steps which lead to the conclusion of the contract

(1) The contract shall be concluded by offer or acceptance.

(2) The acceptance by the Seller shall effect pursuant to § 2 (3) of these General Terms and Conditions of the Seller (see I above).

6. Information about the storage of the contract contents

The contents of the order shall be stored by us and may not be retrieved after the end of the ordering process. The Customer may print the Customer’s order data immediately after the order has been dispatched.

7. Information about the technical means to detect and correct input errors

Before the order is bindingly placed, the Customer may correct the Customer’s entries by means of usual keyboard and mouse functions. Furthermore, all entries shall be displayed once again in the confirmation window before the order is bindingly placed and may be corrected there by means of usual keyboard and mouse functions.

8. Information about the languages available for the conclusion of the contract

The German language shall be exclusively available for the conclusion of the Contract.

9. Price and product change

We shall reserve the right to change the price and the product.


General Terms and Conditions for contracts with entrepreneurs and customer information of NEUTEC GmbH

Table of contents

I. General Terms and Conditions

 1. Applicability
 2. Conclusion of contract
 3. Payment, shipping costs, default
 4. Retention of title
 5. Delivery
 6. Default in acceptance
 7. Warranty
 8. Limitation of liability
 9. Data protection
 10. Applicable law, jurisdiction
 11. Severability clause

II. Customer information

1. Information about the technical steps which lead to the conclusion of the contract
2. Information about the storage of the contract contents
3. Information about the technical means to detect and correct input errors
4. Information about the languages available for the conclusion of the contract

I. GENERAL TERMS AND CONDITIONS

§ 1. Applicability

(1) The services of the Seller for the benefit of the online shop www.neutec.com.de with regard to contracts with entrepreneurs shall be rendered exclusively under the following General Terms and Conditions in the version applicable at the moment of placing the order. Any deviating or supplemental general terms and conditions of the Customer shall not be deemed an integral part of the contract unless the Seller expressly grants the Seller’s consent to their validity in writing.

(2) “Entrepreneur” or “Customer” within the meaning of these General Terms and Conditions shall be a natural or legal person or an entity with legal personality which at the moment of ordering goods of NEUTEC conducts their commercial or independent professional activity. Consumers shall be asked to accept the General Terms and Conditions for consumers.

§ 2. Conclusion of contract

(1) The goods presented in our online shop shall not constitute a binding offer. They shall constitute an invitation for the Customer to place a binding offer. When the Customer addresses an order to NEUTEC, it shall be deemed a binding offer. NEUTEC shall reserve the right to freely decide about the acceptance of such offer. The purchase contract – if the acceptance has not previously taken the form of a confirmation of the order via e-mail by NEUTEC – shall be concluded only when the goods ordered by the Customer are dispatched.

(2) Particular steps of placing an electronic order shall be as follows: At first, add the goods to the shopping cart. To proceed to order process, click the button “View cart”. When you do not want to buy anything more, click the “Checkout” and go to login. Enter your e-mail address and create a password for a new customer. If you are an existing customer, login directly with your password. Alternatively, you can also place an order without registration as a guest. When you have entered your data, in particular invoice and delivery addresses as well as a selected payment method and when you have clicked the button “Purchase”, you place a binding offer to conclude a purchase contract.

(3) The contract is concluded exclusively in German.

§ 3. Payment, shipping costs, default

(1) The prices stipulated on our website at the moment of placing the order shall apply. All prices shall be net prices in euro, plus statutory VAT applicable at the moment of delivery as well as plus any costs of transport. Prices shall be subject to change. The possibility of a cash discount deduction shall not exist.

(2) The payment shall be made by credit card, PayPal, immediate transfer as well as cash on delivery. For the last payment method, a fee in the amount of EUR 25.00 shall be charged. Cash on delivery shall be possible only for shipment with delivery address in Germany.

(3) The risk of accidental destruction, loss or accidental deterioration of the goods as well as the price risk shall pass to the customer upon delivery of the goods to a person authorized to carry out the despatch. The same shall apply to the risk of the delayed delivery.

(4) Should the Buyer be in default of payment, we shall have the right to charge default interest at the statutory rate. In case we claim a higher damage caused by the delay, the Buyer shall have the possibility to prove that the damages being claimed were not incurred at all or at least to a significantly lesser extent.

§ 4 Retention of title

(1) Until all claims are fully paid, we shall reserve the right of title to the acquired goods until the Buyer does not settle the remaining claims arising from the existing business relationship.

(2) The Buyer shall have the right to resell the goods in the ordinary course of business. The Buyer shall assign to the Seller in advance all claims in the amount of the invoice sum which accrue as a result of the re-sale to third parties. We shall accept these assignments.

(3) In the event that the Buyer acts contrary to the contract, in particular in the event of default in payment, the Seller shall have the right to remove the goods at the cost of the Buyer. This shall apply to any auxiliary means. The Buyer shall already now waive the right of possession in this respect. We shall accept this waiver.

§ 5. Delivery

(1) The goods shall be delivered within approx. 3 working days after receiving the order. We shall indicate any possible divergent delivery times on the respective product side. The period of delivery determined by us shall commence after the Customer has fulfilled the Customer’s obligations properly and on time, in particular the correct delivery address for the purpose of the order.

(2) We shall not assume any procurement risk. We shall have the right to withdraw from the contract if we should not receive the goods despite the conclusion of a respective purchase contract; our responsibility for intent and negligence shall remain unaffected. We shall immediately inform the Customer whenever the goods are not be available on time and, if necessary we shall immediately exert the right to withdraw from the contract; in the event of the withdrawal we shall immediately provide the Customer with the respective fair consideration.

(3) Should the Customer acquire the goods for the purpose of the Customer’s commercial or professional activity, the risk of accidental destruction and accidental deterioration of the goods shall pass to the Customer if the Seller has already delivered the goods to the fright forwarder, carrier or to the person appointed for the purpose of execution of the delivery.

§ 6. Default in acceptance

(1) Should the Customer be in default of acceptance or violate any other duties of contractual cooperation, we shall have the right to claim any incurred damages, including any additional costs. Any further claims shall remain reserved. In all other respects, the legal regulations shall be applicable.

(2) The Customer shall be reserved the right to prove that damages in the amount requested were not incurred at all or at least to a significantly lower amount. The risk of accidental destruction or accidental deterioration of the goods shall pass to the Buyer when the Buyer is in default of acceptance or payment.

§ 7. Warranty

(1) Should the purchase be a commercial transaction for the Seller and for the Buyer, the Customer shall immediately examine the delivered goods for variations in quality and quantity and immediately inform the Seller of any variations in writing. Otherwise, the assertion of any warranty claims shall be excluded. The defects detected shall be written down immediately after discovery. The timely dispatch of the report shall be sufficient in order to safeguard the deadline. The Seller shall remedy the defects either by means of subsequent improvement or by means of replacement at the Seller’s own option. Should the Seller deliver goods free from defects for the purpose of supplementary performance, the Seller shall have the right to demand that the Customer return the defective goods.

(2) Unintended or improper use shall exclude the warranty claims.

§ 8. Limitation of liability

(1) The Seller shall be liable towards the Entrepreneur, except in cases of violation of material contractual obligations, only for damages if the Seller, the Seller’s statutory representatives or executive management is guilty of intent or gross negligence. The Seller shall be liable for any other vicarious agents only in case of intent or if the agents infringe deliberately or through gross negligence material contractual obligations. The liability of the Seller, the Seller’s statutory representative and executive management in case of intent or gloss negligence shall be limited to typical damages foreseeable at the moment of conclusion of the contract.

(2) The above mentioned limitation of liability shall not apply in case of an express acceptance of warranties by the Seller as well as damages for injury to life, body or health.

§ 9. Data protection

We shall treat your personal information confidentially and in accordance with statutory data protection provisions. Your personal data is not transmitted without your express approval or only in the context of the necessary execution of the contract, to the enterprises entrusted with the delivery of the goods.

§ 10. Applicable law, jurisdiction

(1) The laws of the Federal Republic of Germany shall apply; the UN Convention on the International Sale of Goods shall be excluded.

(2) Should the parties to this contract be businessmen, a legal person of public law or a special fund of public law, the court in Berlin shall have the jurisdiction if the exclusive jurisdiction is not specified for a dispute. This shall apply also when the Customer does not have any general jurisdiction within the European Union. The judicial competences shall be determined in accordance with statutory regulations.

§ 11. Severability clause

Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of these General Terms and Conditions shall be unaffected. The invalid or unenforceable provision shall be replaced with a valid or enforceable provision which comes as close as possible to the purpose of the invalid or unenforceable provision which the contracting parties actually wanted to determine.

II. CUSTOMER INFORMATION

1. Information about the technical steps which lead to the conclusion of the contract

(1) The contract shall be concluded by offer or acceptance.

(2) The acceptance by the Seller shall effect pursuant to § 2 (1) of these General Terms and Conditions of the Seller (see I above).

2. Information about the storage of the contract contents

The contents of the order shall be stored by us and may not be retrieved after the end of the ordering process. The Customer may print the Customer’s order data immediately after the order has been dispatched.

3. Information about the technical means to detect and correct input errors

Before the order is bindingly placed, the Customer may correct the Customer’s entries by means of usual keyboard and mouse functions. Furthermore, all entries shall be displayed once again in the confirmation window before the order is bindingly placed and may be corrected there by means of usual keyboard and mouse functions.

4. Information about the languages available for the conclusion of the contract

The German language shall be exclusively available for the conclusion of the Contract.

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