On the basis of these general terms and conditions, a contract is entered into between the customer and
Nitrokey UG (haftungsbeschränkt)
Represented by Jan Suhr
Address: Berliner Str. 166, 10715 Berlin, Germany
Commercial registry: Amtsgericht Charlottenburg (Berlin)
Commercial Register Number: HRB 164549 B
VAT ID: DE300136599,
hereinafter referred to as the provider.
Purpose of the Contract
This contract governs the sale of new hardware products via the provider's online shop. The details of the respective offer are found in the product description posted online.
Entering Into a Contract
The contract is created as part of an electronic transaction started via the online shop system or via other forms of long-distance communication such as telephone or email. The products and prices offered on the site represent a non-binding solicitation of the customer to submit a binding offer to purchase a product (the "order"), which the provider is free to accept or reject. The ordering process in the shop system that leads to the creation of a contract comprises the following steps:
- product selection in the desired model and quantity;
- placing the product in the shopping cart;
- clicking the checkout button;
- entering the billing and delivery address;
- selecting the payment and delivery methods;
- confirming the entries by clicking "Buy now";
- receiving an email confirming that the order has been received.
In addition to placing orders via the online shop system, orders can also be placed via long-distance communication (phone/email), for which the order process that leads to the creation of a contract would comprise the following steps:
- calling the order hotline or send order by email;
- receiving an email confirming that the order has been received.
The order confirmation indicates that the order has been accepted and a contract has been created.
Unless terminated, the contract shall last until such time as the single delivery is made. The total price is calculated on the goods ordered and the chosen shipping method.
Retention of Title
Until such time as payment is received in full by the provider, all goods delivered shall remain the property of the provider.
The provider reserves the right to cancel the order in whole or in part if the items ordered are not available.
Prices, Shipping Costs, Return Costs
All prices are final and include VAT. In addition to the final prices, additional costs are payable depending on the shipping method chosen at the time of order. If the customer exercises any right to rescind the contract he or she may have, the customer shall bear all return shipping costs.
Payment Terms and Conditions
The customer has only the following payment options: bank transfer in advance, invoice on delivery, direct debit, cash on delivery, payment via a payment service (PayPal), cash on pickup, credit card. Other payment methods are not available and will be rejected. The provider reserves the right not to accept individual payment methods.
After the invoice containing all of the details for the bank transfer is sent by email, the invoice amount is to be transferred to the account listed therein. After the invoice containing all of the details for the bank transfer is sent with the delivery, the invoice amount is to be transferred to the account listed therein. The invoice amount will be withdrawn by the provider from the customer's account using the direct debit process. For cash on delivery, the amount to be paid upon delivery shall be paid in cash to the delivery person plus any COD fees levied by the delivery company. Escrow services or payment service providers handle the payment between the provider and the customer. The escrow service/payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the relevant escrow service/payment service provider. The invoice amount can also be paid in cash at the provider's offices during normal office hours; if the item is picked up at the same time, the delivery charges can be deducted from the invoice. The customer must be the named cardholder for any payments made by credit card. The credit card will be charged once the goods are despatched. The customer is obliged to deposit or transfer the invoice amount within 10 days after receipt of the invoice to the account indicated therein. Payment is due from the invoice date, with no discounts allowed. If the customer has not paid the invoice by the due date, the customer will be considered to be in default with no further warning required.
Terms of Delivery
Goods will be sent immediately after confirmed receipt of payment. The shipment will be made in no more than 2 days on average. The provider agrees to ship the goods within 10 days after receiving the order. The standard delivery time is 5 days, unless otherwise stated in the item description. The provider will ship the order from its warehouse when the entire order is available to ship. If the provider is encountering a continuing obstacle to delivery that is beyond its control, in particular one caused by force majeure or a failure of its suppliers to make deliveries as promised, the provider is entitled to withdraw from the contract with the customer. The customer will be informed immediately and any payments or other benefits received will be refunded.
If the customer is an entrepreneur, the warranty period is limited to one year for new goods. The provider is entitled to choose between repair and replacement if the product is new when shipped and the customer is an entrepreneur. This does not apply to claims for damages asserted by the customer due to injury to life, limb, health or breaches of essential contractual obligations, which must be met for the contract's purpose to be fulfilled. Likewise, this does not apply to claims for damages based on the gross negligence or intentional breach of duty by the provider, its legal representatives or agents. Otherwise, the statutory provisions apply.
If the customer is an entrepreneur, the risk of accidental loss and/or damage to the goods transfers to the customer upon delivery in person or when the goods are handed over to the selected shipping company for delivery. The text of this contract will be archived by the provider. The customer has the following options for accessing the contract text as archived: by logging into the online shop at www.nitrokey.com/shop. The customer can correct errors made when completing the ordering process by proceeding as follows: by clicking the "Change Address" button or by hitting back in the browser to the respective input step.
Right of Rescission
For customers who are entrepreneurs, the rules for distance sales contracts do not apply. Therefore, such customers do not have a corresponding right to rescind this distance sales contract. The provider will not grant such a right.
Customer claims for damages are excluded, unless for reasons otherwise stated below. This also applies to the representatives and agents of the provider, if the customer asserts such claims for damages. This does not apply to claims for damages asserted by the customer due to injury to life, limb, health or breaches of essential contractual obligations, which must be met for the contract's purpose to be fulfilled. Likewise, this does not apply to claims for damages based on the gross negligence or intentional breach of duty by the provider, its legal representatives or agents.
Language, Jurisdiction and Applicable Law
The contract will be drafted in German. All correspondence related to the fulfilment of the contract will also be in German. This agreement is governed exclusively by the law of the Federal Republic of Germany. For consumers, this only applies to the extent not restricted by legal provisions in the state where they have their domicile or habitual residence. Jurisdiction for disputes with customers who are not consumers, legal entities under public law, or public funds shall be the provider's headquarters.