General terms and conditions and consumer information

Validity

We deliver exclusively subject to the following General Terms and Conditions (GTC). Any general terms and conditions of the customer that conflict with or deviate from the following provisions shall not apply. The following terms and conditions shall apply exclusively even if we carry out the delivery and service without reservation despite being aware of the customer's terms and conditions that conflict with or deviate from the following terms and conditions.

Part II of these Terms and Conditions applies to contracts concluded with us in our online shop – as well as to contracts concluded in our stores in Schwäbisch Gmünd and Duisburg. Please also note our information and provisions in Part I of these Terms and Conditions.

I. Special provisions for the mail order business

1. 30 days right of withdrawal for consumers

1.1. The following provisions regarding the right of withdrawal in Section I. 1. of these General Terms and Conditions apply solely to contracts with consumers. In Germany, according to Section 13 of the German Civil Code (BGB), these are natural persons for whom the purpose of the order cannot be predominantly attributed to a commercial or self-employed professional activity. Abroad, the term can also include certain legal entities worthy of protection. For consumers with their habitual residence in a country outside the European Union, the law of the country of residence applies to a statutory right of withdrawal. Regardless of whether these countries provide for a right of withdrawal, we grant these consumers a contractual right of withdrawal with the same conditions as under German law, extended to a total of 30 days. However, in the event of withdrawal within the scope of this contractual right of withdrawal, we reserve the right to reimburse these consumers for the return shipping costs and do not reimburse the shipping costs. Please contact us so that we can organize the return delivery with you. This is not a prerequisite for exercising or implementing your right of withdrawal, but it does speed up the process.

1.3. When purchasing from Nubert, you have an extended right of withdrawal of 30 days, regardless of whether you order by phone or through our online shop system. The conditions and consequences of your statutory right of withdrawal (for consumers from Germany, Switzerland, Liechtenstein, and other EU countries; see section 1.1. also for customers from other countries) can be found in the following withdrawal policy, which, as required by law, provides for a withdrawal period of only 14 days. In particular, the statutory right of withdrawal is not granted to commercial resellers.

1.4. Cancellation policy for all contracts for the purchase of goods that can be sent by parcel (postal shipments)

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 30 days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must inform us (Nubert electronic GmbH, Nubertstr . 1, 73529 Schwäbisch Gmünd, Germany, Telephone: +49 (0)7171 8712-0, Email: info@nubert.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use our model withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation
If you withdraw from this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your withdrawal of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

1. For goods returned from Germany, the following applies:

• We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
• You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the withdrawal of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
• We will bear the costs of return shipping.

2. For goods returned from countries other than Germany, the following applies:

• We will collect the goods. We will cover the return shipping costs.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

2. Storage option and access to the contract text when ordering from an online shop

2.1. We make these Terms and Conditions and the other contractual provisions available for retrieval along with your order data during the ordering process. You can easily archive this information there by either downloading the Terms and Conditions and saving the data summarized on the last page of the order process using your browser's functions, or by waiting for the automatic order confirmation, which we will also send to you by email after completing your order to the address you provided. This order confirmation email contains the contractual provisions and these Terms and Conditions again and can be easily printed out or saved using your email program.

2.2. The contract text is stored by us, but for security reasons, it is not directly accessible to you. We offer each customer a password-protected direct access. Upon registration, you can view data about your completed, open, and recently shipped orders, as well as manage and save your data (address details, bank details, if applicable), and any newsletters. The customer undertakes to treat their personal access data confidentially and not to disclose it to unauthorized third parties.

3. Contracting parties, language and conclusion of contract

3.1. Your contractual partner is Nubert electronic GmbH. Contracts in our online shop can be concluded in German subject to the terms and conditions presented here.

3.2. Our advertising offers are subject to change without notice unless they become part of a contractual agreement. We reserve the right to make changes to the design and/or due to technical improvements prior to the conclusion of the contract.

3.3. For online orders via our shop system, you have the opportunity to review and correct the data you have entered before submitting your order. By submitting your order, you are entering into a binding contract. Confirmation of receipt of the order will be sent immediately after your order has been received in a technically flawless manner. A binding contract is concluded when we accept your order. This acceptance by us can occur under the following circumstances:

• We accept your order by a separate declaration of acceptance or
• we will ask you to pay in advance or
• you use our offer and complete your order by making a payment instruction via the online payment services Sofort Überweisung, PayPal or PayPal Express, Apple Pay or Amazon Payments.
• You use the credit card payment method and complete the order.
• If you pay by installments, the contract is concluded when the financing commitment has been sent to you or the option to purchase on account has been confirmed.
• If you purchase on account, you will receive our shipping confirmation, which will be deemed acceptance of your order.
• You will receive the goods from us without the contract having been concluded by any of the above actions.

Please note that if you pay in advance, delivery will only take place after the full amount has been credited to our account.

The confirmation of receipt does not constitute acceptance of your order (unless we request payment for the first time there), but is intended only to inform you that we have received your order and can be used for archiving purposes. Subject to any statutory right of withdrawal, the customer is bound to their order for a maximum of three days and can, of course, cancel their order in whole or in part before we have declared acceptance.

If you order by telephone, you will receive these Terms and Conditions and a copy of your order in writing.

4. Prices, shipping costs

4.1. For orders placed in our online shop, the prices listed in the offer at the time of the order apply. The prices stated are total prices, i.e., they include the applicable statutory value-added tax and other price components.

Details on any additional shipping costs can be found in the shop.

4.2. For deliveries outside of Germany, additional costs may arise upon import into a third country (customs duties, possible customs fees, and import sales taxes). These additional costs are the responsibility of the customer.

5. Payment for mail-order orders

5.1. For those picking up mail-order orders (available at our stores in Schwäbisch Gmünd and Duisburg during regular business hours), we offer EC Cash payment with PIN in addition to cash. Please note that the purchase price cannot exceed your personal card limit – please contact your bank for further details.

5.2. For mail-order orders, we offer the following payment options. The payment service provider for the selected payment method may perform what is known as strong customer authentication. For this, you will need to enter additional information to verify your identity.

• Prepayment
  Please transfer the amount after receiving our "Invoice/Prepayment". Please include your name, customer number, and receipt number.

• Credit card
  We accept VISA, Mastercard, Diners Club International, and Discover. Your credit card account will be charged upon placing your order.

• PayPal or PayPal Express
  You pay the invoice amount via the online provider PayPal. You must be registered there or first register, authenticate yourself with your login details, and confirm the payment instruction to us (with the exception of guest access). You pay the invoice amount to PayPal using the payment methods offered by PayPal, such as direct debit or credit card. PayPal may also offer you the "installment purchase" option (requirements include creditworthiness; for orders between €99 and €5,000, a German PayPal account is required in which a bank account is stored and confirmed as the payment source https://www.paypal.com/de/webapps/mpp/paypal-instalments). In this case, you enter into a contract with PayPal as the lender. Further information on how to access the payment provider's website will be provided during the ordering process.

• Pay with Amazon
  With Amazon Payments, you can use the payment and shipping information stored in your Amazon account to shop quickly and securely. Your transactions are secure, and your payment information is not shared with us. With Pay with Amazon, you have access to the same familiar payment experience as with Amazon, without leaving our website. All you need to pay is your Amazon login details.

• Instant bank transfer (see klarna.com)
  We also offer instant bank transfer, a service provided by Klarna Bank AB. We receive the transfer credit immediately. All you need is your account number, bank sort code, PIN, and TAN. Using a secure payment form that is not accessible to us, this payment service automatically initiates a transfer to your online bank account in real time. The purchase amount is transferred immediately and directly to the merchant's bank account. If you choose instant bank transfer as your payment method, a pre-filled form will open at the end of the order process. This form already contains our bank details. The transfer amount and the intended use will also be displayed on the form. You must now select the country in which you have your online banking account and enter the bank sort code. Then enter the same information you used when registering for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, any internet user can use instant bank transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that instant bank transfer is not yet available at a few banks. For more information on whether your bank supports this service, please visit the payment service provider's website.

• Apple Pay
  With Apple Payments, you can use the payment and shipping information stored in your Apple account. This requires using our online shop on an Apple Pay-enabled device (e.g., an iPhone, iPad, or Mac with Safari). Your payment information will not be shared with us. You will receive instructions on how to access the payment provider's website during the ordering process. All you need is your Apple login credentials or Face ID or Touch ID.

• Google Pay
  With Google Pay, you can use the payment information stored in your Google account. To do so, you must access our online shop using a Google Pay-enabled device (e.g. an Android smartphone or tablet, or a desktop computer with the latest version of Google Chrome). Your payment information is not shared with us. Instructions on how to access the payment provider’s page will be provided during the checkout process. To complete your payment, you only need your Google login credentials or an authentication method such as fingerprint, facial recognition, or device passcode.

• Payment by invoice and financing (hire purchase) via Payolution GmbH
  Invoice and installment purchase are processed via the service provider Payolution (Unzer Group GmbH, Schöneberger Str. 21 a, 10963 Berlin ( www.unzer.com/de/payolution/ ). When paying by invoice and financing (installment purchase) via Payolution (available for natural persons in Germany, Austria and Switzerland), additional terms and conditions for invoice and installment purchase apply. These stipulate additional conditions (date of birth, minimum age 18, creditworthiness, etc.) and your consent to the transmission of your data to Unzer and, in certain cases, from Unzer to credit agencies. In the event of late payments, default interest will be charged at the statutory rate and the claims may be passed on to debt collection agencies, which may result in additional costs for legal proceedings. Please also note:
  
  When paying by invoice or financing, your billing and delivery address must be identical and correspond to your private residence. Company addresses or PO boxes are not sufficient. Delivery to different Delivery addresses are not possible. Processing of payment via these payment methods requires a successful credit check.
  
  The selection of the payment method purchase on account via Payolution can be offered to you for purchase values between 10 EUR and a maximum of 8,000 EUR. The purchase price is due after the goods have been delivered and invoiced. The purchase price must then be paid within 14 days of receipt of the invoice to Bank Frick & Co. AG, Landstrasse 14, 9496 Balzers, to which Nubert assigns the purchase price claim from the purchase contract, unless otherwise agreed. In this case, the customer can only pay to Bank Frick with debt-discharging effect. In the event that you wish to invoke the right of withdrawal or the exercise of other rights that you no longer have to make the payment or do not have to make it in full, the claim will be reassigned to us by the aforementioned bank. In these cases, further processing is handled by Nubert.
  
  If you choose to pay by installments, you can divide the total amount of your order into suitable monthly installments (in the case of Depending on your credit rating, you can pay in at least 3 or up to 24 installments, which are conveniently deducted from your account via direct debit. The minimum purchase value for installment payments is EUR 200. The maximum loan amount may not exceed EUR 8,000. The amounts include shipping costs and any applicable sales tax.
  
  If you have any questions about your payment status, you can find information directly in the Unzer customer portal.
  
  Information on installment terms (contract terms, interest rates, etc.) can be found on the product pages for our speakers.

6. Delivery restrictions

6.1. Deliveries are only made within the EU, Switzerland, and Liechtenstein! If further delivery restrictions apply to certain products, you will be informed separately on the respective product pages.

II. General provisions

1. Delivery, deadlines

1.1 Partial deliveries are made at the buyer's request. Partial deliveries are only possible within Germany.

1.2. The dispatch of the available goods will take place after receipt of advance payment or acceptance of the credit card payment or approval of the credit agreement.

1.3. The delivery time shall be extended appropriately in the event of strikes and lockouts that affect delivery, as well as other circumstances beyond our control, particularly in cases of delivery delays due to force majeure. We will notify the buyer immediately of the start and end of such impediments.

1.4. If deadlines are specified as working days, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office.

3. Other claims for damages

We are liable for all claims for damages – in particular those arising from tort, organizational negligence, negligence upon conclusion of the contract, or any other fault-based claims arising from breaches of duty – only if we or our vicarious agents are guilty of willful intent or gross negligence, or if the damage is based on a breach of essential contractual obligations (i.e., obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely) or claims pursuant to Sections 1 and 4 of the Product Liability Act. The above exclusion of liability for cases of simple negligence does not apply to damages resulting from injury to life, limb, or health; or in the event of a guarantee of quality or the fraudulent concealment of a defect within the meaning of Section 444 of the German Civil Code (BGB). In these cases, we are also liable for simple negligence on the part of our legal representatives or vicarious agents. Insofar as our liability is regulated above, this also applies to our employees, staff, representatives, and vicarious agents.

4. Retention of title

The delivered goods shall remain our property until full payment has been received. Please note that if you choose to pay by invoice or installment purchase via Payolution GmbH, we assign the purchase price claim to Unzer E- Com GmbH, Vangerowstraße 18, 69115 Heidelberg. When purchasing using these payment methods, the goods remain the property of the bank until full payment is received.

5. Data protection notice

Our data protection practices comply with legal requirements. Details on the collection and use of your personal data can be found in our privacy policy, which also contains information on the credit check, which calculates values for the probability of payment default, including your address data.

6. Applicable law, severability clause

6.1. All legal transactions or other legal relationships with us are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international agreements, even after their incorporation into German law, do not apply. For contracts for a purpose that cannot be attributed to the professional or commercial activity of the beneficiary (contracts with consumers), this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

6.2. In business transactions with merchants and legal entities under public law, Schwäbisch Gmünd is agreed as the place of jurisdiction for all legal disputes arising from the contract, including claims relating to bills of exchange and checks. In this case, we are also entitled to sue at the customer's registered office. Any exclusive place of jurisdiction remains unaffected by the above provision.

6.3. If any provision of these General Terms and Conditions is or becomes invalid, either in whole or in part, the validity of the remaining provisions shall remain unaffected. The same shall apply if the General Terms and Conditions contain an unforeseen loophole.

Disposal and battery return

Environmental protection

Ingredients, e.g. pollutants of a chemical nature, in old equipment can damage the environment and human health if it is not stored properly, in particular if it is not unbreakable and not disposed of properly by persons who are not authorized to do so. Particularly in the case of illegal exports, there is no guarantee that the environment and human health will be protected against damage. Old equipment may also contain recyclable raw materials, old equipment can be repaired or parts can be reused, thus considerably protecting the environment. Old devices must therefore not be disposed of with normal household waste or exported illegally. As the end user, you are legally obligated to return or properly dispose of electrical equipment.

Batteries

Ingredients, e.g. chemical type of batteries can harm environment and health if not stored and disposed properly. At the same time, recyclable raw materials may also be contained. Batteries must therefore not be disposed of with normal household waste. As the end user, you are legally obligated to return used batteries.

You can return batteries free of charge after use to the seller or in the designated collection points (e.g. in public collection points in your community or in the trade) or send them back free of charge. You can also return the batteries free of charge by mail to the seller, in which case any requirements of hazardous materials legislation must be observed. The delivery in sales outlets is limited to the usual quantities for end users for disposal and used batteries that the distributor carries or has carried in its product range.

The sign with the crossed out garbage can reminds you that you must not put batteries into the household garbage. Under this sign you can also find the following symbols with the following meaning about ingredients: Pb = battery contains more than 0.004 mass percent lead, Cd = battery contains more than 0.002 mass percent cadmium, Hg = battery contains more than 0.0005 mass percent mercury.

Old equipment

Owners of waste equipment must dispose of it separately from unsorted municipal waste. They shall non-destructively separate spent batteries and accumulators that are not enclosed in the waste equipment, as well as lamps that can be removed from the waste equipment without destroying it, from the waste equipment before handing it in at a collection point.

Electrical and electronic equipment is marked with the following crossed-out wheeled garbage can symbol:

The symbol indicates that you, as the owner of this device, must not dispose of it with your household waste (gray garbage can, yellow garbage can, bio garbage can, paper or glass).

The separate collection of old electrical and electronic equipment (WEEE) is necessary for the environmentally sound disposal of harmful substances, the recovery of valuable materials and the possibility of reuse. For example, you can take the device to the approved collection points, such as the local recyclables or recycling center, for separate collection from unsorted municipal waste for the purpose of reuse. Used batteries and accumulators that are not enclosed by the old device must be separated from it before being handed in at a collection point.

Please note that you are responsible for deleting personal data from the old devices to be disposed of.

We as a dealer are also obligated to take back old equipment as follows:

If you have purchased one of the following devices from us, you have the option of having us pick up an old device of the same device type, which essentially fulfills the same functions as the new device, free of charge upon delivery of the new device ("old for new").

Large-scale equipment:
Sound and image reproduction devices

You can return the devices listed below via a transport service provider, provided that you have purchased an electrical or electronic device from us and the old device corresponds to the same type of device, i.e. essentially fulfills the same functions as the new device ("old against new"). For this purpose, we will provide you with a return label free of charge.

Small devices:
radios, hi-fi systems, sound and image reproduction devices, adapters, ready-made power cables, HDMI, audio and video cables

Small IT and telecommunication equipment (no external dimension is more than 50cm):
USB cable, network cable

Old devices, which are not larger than 25 cm in any external dimension, can be returned to us free of charge as follows, irrespective of the purchase of a new device. The return is limited to three old devices per device type.

You can return these devices to us for shipment. For this purpose, we will provide you with a return label free of charge at info@nubert.de. You can also request this by calling +49 (0) 7171 - 8712-0. Please send the old device to the following address:

Nubert electronic GmbH
Nubertstraße 1
73529 Schwäbisch Gmünd

Please ensure that the used equipment is properly packaged for shipment so that breakage is avoided as far as possible and mechanical compaction or breakage can be ruled out. Acceptance of old equipment may be refused if there is a risk to the health and safety of people due to contamination.

Nubert electronic GmbH, Nubertstr. 1, DE-73529 Schwäbisch Gmünd: WEEE-Reg.-Nr. DE 48888173

These General Terms and Conditions also constitute intellectual property protected by copyright. Use by third parties – even in part – for commercial purposes of offering goods and/or services is prohibited. Violations will be prosecuted. TCI Rechtsanwälte assumes no liability to third parties, in particular not for the completeness and timeliness of the above information.

© 2025 TCI Rechtsanwälte Partnerschaft Schmidt mbB – Mainz Lawyers.

As of: April 17, 2025