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General Terms and Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (nerdytec GmbH) via the website nerdytec.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is rejected.

(2) In accordance with the following regulations, "consumer" means any natural person who enters into a legal transaction for purposes that cannot be attributed to either their commercial or their particular professional activity. An "entrepreneur" is any natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the exercise of their commercial or particular professional activity.

§ 2 Accessibility

(1) In accordance with Article 14(1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website or our services in e-commerce comply with the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g., "Accessibility Statement" or similar) on our website and includes, in particular, the following points:
  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations necessary to understand how the service is provided;
  • a description of how the service complies with the applicable accessibility requirements.
(2) The contact details of the competent market surveillance authority are as follows:
 
Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen - Anstalt öffentlichen Rechts (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Phone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de
 
(3) We may use artificial intelligence (AI) and specialized tools to implement accessibility requirements on our website. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive, and neurological. Further information can be found on the appropriately labelled button on our website, as referred to in paragraph 1.

(4) Our internet presence or our service in electronic business transactions is barrier-free if people with disabilities can find, access and use it in the generally customary way, without special difficulties and, in principle, without external help.

(5) Measures to implement accessibility requirements include, for example, clearly recognizable font sizes and sufficient colour contrasts, navigability via mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are included on the website), easy-to-read and understandable language, compatibility with all common screen readers (screen reading aids), adaptable display options for different end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of Contract

(1) The object of the contract is the sale of goods .

(2) By selecting the corresponding product on our website, we offer you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3)
The contract is concluded via the online shopping cart system as follows:
the products  intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Go to order" (or similar) button and entering your personal data and the payment and shipping conditions, the order data will be displayed in summary form.
 
If you use an instant payment system as the payment method (e.g., z.B. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will be directed either to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the instant payment system, make the appropriate selection or entry of your data there. Finally, on the instant payment system provider's website or after being redirected back to our online shop, you can view the order data on the order overview page.
Before submitting the order, you have the possibility to review the information in the order summary again, modify it (also using the "back" function of the Internet browser) or cancel the order.By submitting the order via the corresponding button ("place order with obligation to pay", "buy" / "buy now", "place order with charge", "pay" / "pay now" or similar), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) Your inquiries aimed at making an offer to us are not binding on you. For this purpose, we will make you a binding offer in text form (e.g., email) which you can accept within a period of 5 days.

(5) The execution of the order and the sending of all necessary information related to the conclusion of the contract will take place by email, partly automatically generated. For this reason, you must ensure that the email address you provided to us is correct, that the reception of emails is technically ensured and, in particular, that this reception is not hindered by SPAM filters.

§ 4 Special agreements on the payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout"
When selecting the payment method offered via "PayPal" / "PayPal Checkout", payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The different payment methods via "PayPal" are shown on the corresponding button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, these will be communicated to you separately. For more information about "PayPal", please visit the website https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of retention, reservation of ownership

(1) You may only exercise a right of retention when it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been made.

§ 6 Warranty Performance

(1) The statutory rights of liability for defects apply.

(2) Insofar as you are informed of this before the submission of the contractual declaration by us and this has been expressly and separately agreed, the limitation period for claims for defects in the case of used goods shall be one year from the delivery of the goods. The preceding restriction does not apply:

- for damages caused culpably attributable to us for injury to life, body or health and for other damages caused by intent or gross negligence;
- insofar as we have maliciously concealed the defect or have assumed a guarantee of the quality of the goods.


(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the shipping agent of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(4) Insofar as a characteristic of the goods deviates from the objective requirements, such a deviation shall only be deemed agreed if you were informed by us before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Agreement on applicable law, place of performance, jurisdiction

(1) German law shall apply. For consumers, this agreement on applicable law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of the most favourable rule).

(2) The place of performance for all services arising from the existing business relationships with us, as well as the place of jurisdiction, shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the European Union, or if your domicile or habitual residence is unknown at the time the action is filed. The power to appeal to a court in another legal jurisdiction remains unaffected.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall expressly not apply.






II. Customer Information

1. Identity of the Seller

nerdytec GmbH
Dönhoffstr. 27
51373 Leverkusen
Germany
Phone: : +4922029276614
E-Mail: support@nerdytec.com



We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.

2. Information on the Conclusion of Contract

The technical steps for concluding a contract, the conclusion of the contract itself, and the possibilities for correction are carried out according to the legal provisions "Conclusion of Contract" of the General Terms and Conditions (Part I).

3. Contract Language, Retention of Contract Text

3.1 The contract language is Spanish.

3.2 We do not store the full text of the contract. Before submitting the order,  via the online shopping cart system, it is possible to print the contract data using the browser's print function or save it electronically. Once we receive the order, you will receive the order data, the legally prescribed information for distance selling contracts, and the General Terms and Conditions again by email.

3.3 For inquiries about offers outside the online shopping cart system, you will receive all contract data sent in text form (e.g., email) as part of a binding offer, which you can print or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or the service can be found in the respective offer.

5. Prices and Payment Methods

5.1 The prices indicated in the corresponding offers, as well as the shipping costs, are total prices. These prices include all price components including all incurred taxes.

5.2 The additional shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our website or in the respective offer, are stated separately during the order process, and are additionally borne by you, unless free shipping has been promised.

5.3 If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate charges of credit institutions), which must be borne by you. 
 
5.4 Any costs incurred by the money transfer shall be borne by you, even if the goods are delivered to an EU member state, but payment has been agreed outside the European Union.

5.5 The payment methods available to you are listed under a corresponding button on our website or in the respective offer.

5.6 Unless otherwise stated in each of the payment methods, the payment rights arising from the concluded contract shall be payable immediately.

6. Delivery conditions

6.1 The delivery conditions, the delivery date as well as any existing delivery limitations can be found by clicking a corresponding button on our website or in the respective offer.

6.2 If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold product during shipping is transferred to you once the goods have been delivered, regardless of whether the shipment is insured or uninsured. This shall not apply if you have independently appointed a transport company or a person not appointed by us for the execution of the shipment.

7. Statutory liability for defects

Liability for defects is based on the "Warranty" provisions of our General Terms and Conditions (Part I).

These GTC and customer information have been prepared by lawyers specialising in information technology law from Händlerbund and are continuously reviewed to ensure their legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.