Terms and Conditions

GENERAL TERMS AND CONDITIONS 

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Liability for defects
  7. Applicable law, jurisdiction

1) Scope

1.1 These terms and conditions of Nubelle GmbH, trading as "Nubelle GmbH" (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the seller regarding the goods and/or services presented by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by 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 into the seller's online shop. By entering their personal data and clicking the button that completes the ordering process, the customer submits a legally binding contract offer regarding 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 by the customer is decisive,
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive,
  • by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 The acceptance period for the offer begins the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer after sending their order along with these General Terms and Conditions in text form (e.g., email, fax, or letter). However, the contract text can no longer be accessed by the customer via the seller's website after sending their order.

2.6 Before bindingly submitting 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 Order processing and contact take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that 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 by third parties commissioned by the seller with order processing can be delivered.

3) Right of withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and payment terms

4.1 The prices stated by the seller include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The customer has various payment options available, which are specified in the seller's online shop.

4.3 If prepayment is agreed, payment is due immediately after conclusion of the contract.

4.4 When selecting the payment method "PayPal", the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms of use, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.

5) Delivery and shipping conditions

5.1 The delivery of goods is regularly made by shipping and to the delivery address provided by the customer. For the processing of the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment.

5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes to the buyer upon dispatch of the goods or upon handover to the commissioned carrier.

5.4 Self-collection is not possible for logistical reasons.

6) Liability for defects

The statutory liability for defects applies.

7) Applicable law, place of jurisdiction

7.1 If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.

7.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of residence or business.