General terms and conditions

1) Scope

1.1 These general terms and conditions of subtel GmbH (hereinafter referred to as the “Seller”) apply to all agreements concluded between a consumer or a business (hereinafter referred to as the “Customer”) and the Seller regarding the goods offered by the Seller in its online shop. The Customer’s right to include their own conditions is excluded, unless otherwise agreed.

1.2 For the purpose of these general terms and conditions, a consumer is any natural person acting primarily outside of their trade or profession. For the purpose of these general terms and conditions, a business is a natural or legal person or a partnership vested with legal capacity that, in concluding a legal transaction, is acting within the scope of its trade or profession.

2) Formation of the Agreement

2.1 The product descriptions provided in the Seller’s online shop do not constitute binding offers by the Seller, but merely serve to invite the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form in the Seller’s online shop. By clicking the button that concludes the ordering process, after placing the selected goods and/or services in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods and/or services contained in the shopping basket.

2.3 The Seller may accept the Customer’s offer within five days

• by sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, in which case the time at which the order confirmation is received by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case the time at which the goods are delivered to the Customer is decisive, or
• by requesting payment from the Customer following the Customer’s submission of the order.

If multiple of the above-mentioned alternatives are available, the agreement is concluded at the time when one of these alternatives first occurs. If the Seller does not accept the Customer’s offer within the aforementioned period, the offer is deemed rejected and the Customer is no longer bound by their declaration of intent.

2.4 The period for accepting the offer begins on the day the Customer submits the offer and ends at the close of the fifth day after the Customer submitted the offer.

2.5 When an offer is submitted via the Seller’s online order form, the Seller will store the wording of the contract and, following the Customer’s order, send it to the Customer in text form (e.g. email, fax, or letter), together with these general terms and conditions. Furthermore, the wording of the contract is archived on the Seller’s website, and the Customer can access it free of charge by logging into their password-protected customer account using their respective login data, provided that the Customer created a customer account in the Seller’s online shop prior to submitting their offer.

2.6 As long as the Customer has not yet submitted a binding order via the Seller’s online order form, they can correct the data they have entered at any time using their keyboard and mouse in the usual manner. Before the binding order is submitted, all entered data are displayed again in a separate window in which the Customer must confirm the accuracy of the entered data and again has the option to correct the data using their keyboard and mouse in the usual manner.

2.7 The agreement can be concluded in Danish or German.

3) Right of Withdrawal

3.1 As a rule, consumers have a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller’s instructions regarding the right of withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the stated prices are total prices including VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The Customer may choose from a variety of payment options specified in the Seller’s online shop.

4.3 If paying via one of the payment methods offered by PayPal, the payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), in accordance with PayPal’s terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – in accordance with the conditions for payments without a PayPal account, which can be viewed at
https://www.paypal.com/dk/webapps/mpp/ua/privacy-full?locale.x=da_DK

5) Delivery Conditions

5.1 Unless otherwise agreed, the delivery of goods is made by shipment to the delivery address specified by the Customer. When placing an order via the Seller’s online order form, the address specified in the online order form is decisive.

5.2 If the shipping company returns the goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment. This does not apply if the Customer exercises their statutory right of withdrawal, if the circumstance that made delivery impossible cannot be attributed to the Customer, or if the Customer was temporarily prevented from accepting the delivery, unless the Seller had informed the Customer about the delivery in due time.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-delivery and if the Seller has concluded a specific coverage transaction with the supplier with due diligence. The Seller shall make every reasonable effort to obtain the goods. If the goods are not available or are only partially available, the Customer will be informed immediately and any payment will be refunded without delay.

5.4 Self-collection is not offered 6) Warranty for Defects

6.1 Unless otherwise stated in the following provisions, the statutory provisions governing liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

6.2 If the Customer is acting as a business,

• the Seller is entitled to determine the manner of rectification for a defective performance,
• the limitation period for claims arising from defects in new goods is one year from the date of delivery,
• no rights or claims arising from defects apply to used goods,
• the limitation period does not start over if replacement delivery is made within the framework of liability for defects.
  
  

6.3 The above-mentioned liability limitations and reductions of the limitation period do not apply to:

• claims of the Customer for compensation and reimbursement of expenses,
• cases where the Seller has fraudulently concealed a defect,
• goods which, according to their usual purpose, have been used for a structure and have caused the defectiveness of that structure,
• any obligation of the Seller to provide updates for digital products in connection with contracts for the supply of goods containing digital elements.

Furthermore, for business customers, the statutory limitation periods for any existing right of recourse remain unaffected.

6.4 If the Customer is acting as a consumer, they are requested to complain to the delivering party about goods delivered with obvious transport damage and to inform the Seller accordingly. If the Customer fails to comply with this request, it will have no effect on their statutory or contractual defect claims.

7) Liability

7.1 The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses, as follows:

7.2 The Seller bears unlimited liability on any legal grounds

• in cases of intent and gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise agreed,
• on the basis of mandatory liability, for example under the Product Liability Act.
  
  

7.3 If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable, typically occurring damage, unless unlimited liability applies under the above paragraph. Material contractual obligations are those obligations which the contract imposes on the Seller according to its content for the purpose of fulfilling the contract’s objectives, and whose fulfillment makes the proper execution of the contract possible in the first place, and whose compliance the Customer may regularly rely on. Otherwise, the Seller disclaims all liability.

7.4 The above provisions on liability also apply with regard to the Seller’s liability for its agents and legal representatives.

8) Applicable Law and Place of Jurisdiction

8.1 If the Customer is acting as a consumer pursuant to Section 1.2, all legal relationships between the parties shall be governed by the law of the country in which the Customer has their usual place of residence, and the application of the UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction for all disputes arising from this agreement is therefore the Customer’s domicile.

8.2 If the Customer is acting as a business pursuant to Section 1.2, all legal relationships between the parties shall be governed by the law of the country in which the Seller has its usual place of business, and the application of the UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction for all disputes arising from this agreement is therefore the Seller’s place of business.

9) Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution via the internet: https://ec.europa.eu/consumers/odr . This platform provides information about online dispute resolution in consumer disputes arising from online purchase or service contracts.

9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.