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General terms and conditions and consumer information

Your provider and contractual partner

Nubert electronic GmbH
Nubertstraße 1
73529 Schwäbisch Gmünd
Germany

Managing Director: Günther Nubert
Registry Court AG Ulm, HRB 700296
VAT ID No.: DE 146758584

Phone: +49 (0) 7171 - 8712-0
Fax: +49 (0) 7171 - 8712-345
E-Mail: info@nubert.de

For individual advice, ordering by telephone and questions about your order, please dial our special service hotline:

  • Calls from Germany 07171 - 8712-0
  • Calls from abroad 0049 7171 - 8712-0

Our hotline is available for you Monday to Friday from 10:00 am to 2:00 pm and 3:00 pm to 6:00 pm

At Nubert, we also seek customer-oriented solutions in legal matters and always strive to reach an agreement with the customer. Use our service contact at info@nubert.de or simply call us. Of course, you will retain your rights without restriction even without calling.
The European Commission provides a platform for Online Dispute Resolution (OS Platform) ready to to be found here is. You can reach our service contact at info@nubert.de. Nubert electronic GmbH is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The legislator obliges online providers in particular to provide numerous references to the contract and the applicable conditions. We have compiled the necessary information and our other shipping conditions for you below.

Validity

We deliver exclusively on the basis of the following General Terms and Conditions (GTC). 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 also apply exclusively if we carry out the delivery and service without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from the following terms and conditions.

For contracts concluded with us in the internet shop - as well as for contracts concluded in our retail shops in Schwäbisch Gmünd and Duisburg - Part III. of these GTC applies. For orders placed via our online shop at www.nubert.de, please also note our information and provisions in Parts I and II. of these GTC with the information on the statutory right of withdrawal for consumers in Part I. Clause 1 and the information on storage and inspection of the text of the contract in Part I, Clause 2.

I. Special provisions for the mail order business

1. 30 days right of withdrawal for consumers

1.1 The following provisions on the right of withdrawal in section 1 of these GTC apply solely to contracts with a consumer (in Germany, according to the statutory provision of § 13 BGB, these are natural persons for whom the purpose of the order cannot predominantly be attributed to a commercial or self-employed professional activity. Abroad, the term may also include certain legal persons worthy of protection). When consumers in the aforementioned sense from the states of the European Union, including Germany, exercise their right of withdrawal, we shall bear the return costs even in cases in which we could transfer them to the consumer in accordance with the statutory provisions. For consumers with habitual residence in other foreign countries outside the European Union, the law of the country of residence shall apply to a statutory right of withdrawal. For these consumers, regardless of whether these states provide for a right of withdrawal, we grant 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 revocation under this contractual right of revocation, we reserve the right to claim reimbursement of the return shipping costs from these consumers and will not reimburse the outbound shipping costs. Please contact us so that we can organise the return delivery with you. This is not a prerequisite for exercising or carrying out your right of withdrawal, but it does speed up the process.

1.2 Exceptions to the right of withdrawal

There are legal exceptions to the right of withdrawal (§ 312g BGB), whereby we reserve the right to invoke the following regulations vis-à-vis you:

A right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

It may expire prematurely in the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, and in the case of contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

We have marked the offers for which the right of withdrawal may be excluded accordingly for you.

1.3 You buy from Nubert with an extended right of withdrawal of 30 days, regardless of whether you order by telephone or via our Internet shop system. The conditions and consequences of your statutory right of cancellation (for consumers from Germany, Switzerland and other EU countries; cf. clause 1.1. also for purchasers from other countries) can be found in the following cancellation policy.
In particular, the statutory right of withdrawal is granted to non-commercial resellers with the reproduction of the instruction.

1.4 Please note that if you choose the payment method instalment payment via Payolution GmbH, the separate cancellation information for consumer loan agreements in section 1.6. and for the payment method purchase on account our information on reversal in section 5.2 for these payment methods.

1.5. Cancellation policy for all contracts except hire purchase

Right of withdrawal
Right of withdrawal You have the right to withdraw from this contract within 30 days without giving any reason.

The revocation period is 30 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (Nubert electronic GmbH, Nubertstr. 1, 73529 Schwäbisch Gmünd, Germany, phone: +49 (0)7171 8712-0, e-mail: info@nubert.de) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use our model withdrawal form for this purpose, which is, however, not mandatory.

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

Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

1. for goods that can be returned within Germany with DHL:

  • We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
  • You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
  • We bear the costs of the return shipment.

2. for goods that can be returned from countries other than Germany:

  • We will collect the goods. We bear the costs of the return shipment.

3. for goods that cannot be returned by DHL (these items are marked in the offer), the following applies to all delivery countries:

  • We will collect the goods. We bear the costs of the return shipment.
  • If, in addition to goods that cannot be returned with DHL, goods that can usually be returned with DHL are affected by the revocation, we will be happy to check whether these can be taken away by our shipping service provider. Please contact us for clarification.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

1.6 Cancellation policy for contracts with the payment method payment by instalments via Payolution GmbH

The purchase contract concluded with Nubert using the payment method Payment by Instalments via Payolution GmbH provides the consumer with the option of payment by instalments against payment. A separate loan agreement is not concluded. The legislator provides for a separate revocation instruction for such paid financing aids (see below), according to which the revocation period already begins with the conclusion of the contract. In the case of Nubert, the revocation period does not begin, even in the case of a purchase contract with payment by instalments, until the consumer or a third party named by the consumer who is not the carrier has received the last goods ordered. As a consumer, you can therefore inspect the goods at your leisure. In all other respects, the conditions for the start of the withdrawal period apply in accordance with the following instructions. The revocation period is also extended to 30 days in the case of a purchase contract with payment by instalments.

Right of withdrawal
You can revoke your contractual declaration within 30 days without giving reasons. The period begins after the conclusion of the contract, but only after you have received all mandatory information pursuant to Section 492 (2) BGB (e.g. information on the type of loan, information on the net loan amount, information on the contract term). You have received all mandatory information if it is included in the copy of your application intended for you or in the copy of the contract document intended for you or in a copy of your application or the contract document intended for you and such document has been made available to you. You may be informed subsequently on a durable medium of mandatory information not included in the text of the contract; the withdrawal period is then 30 days. You must be informed again of the start of the withdrawal period with the subsequently included mandatory information. To comply with the revocation period, it is sufficient to send the revocation in good time if the declaration is made on a durable data medium (e.g. letter, fax, e-mail). The revocation is to be sent to:

Nubert electronic GmbH, Nubertstr. 1, 73529 Schwäbisch Gmünd, Germany, Phone: +49 (0)7171 8712-0, Fax: +49 (0)7171 8712-345, E-Mail: info@nubert.de

Consequences of revocation
If the loan has already been disbursed, the borrower must repay it within 30 days at the latest and pay the agreed debit interest for the period between disbursement and repayment of the loan. The period begins with the dispatch of the notice of cancellation. For the period between disbursement and repayment, an interest amount in the agreed amount shall be paid per day if the loan is drawn down in full. This amount is reduced accordingly if the loan was only partially utilised.

a) For goods that can be returned within Germany with DHL, the following applies:

  • You must return or hand over the goods to us without delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period.
  • We bear the costs of the return shipment.

b) For goods that can be returned from countries other than Germany:

  • We will collect the goods. We bear the costs of the return shipment.

c) For goods that cannot be returned with DHL (these items are marked in the offer), the following applies to all delivery countries:

  • We will collect the goods. We bear the costs of the return shipment.
  • If, in addition to goods that cannot be returned by normal post, goods that can be returned by normal post are affected by the cancellation, we will be happy to check whether these can be taken away by our shipping service provider. Please contact us for clarification.

Model withdrawal form

You will find the "model cancellation form" mentioned in the cancellation instructions for clause 1.5. here.

2. possibility of saving and viewing the text of the contract in the case of internet shop orders

2.1 You can view these General Terms and Conditions with the included General Contractual Provisions at any time on our shop page www.nubert.de. Furthermore, you can print or save this document by using the usual functionality of your internet service program (=browser: there usually "File" / "Save as").

2.2 We also keep these GTCs and the further contractual provisions with the data of your order ready for retrieval in the order process. You can easily archive this information there by either downloading the GTCs and saving the data summarised on the last page of the order process using the functions of your browser or by waiting for the automatic order receipt confirmation which we will additionally send to you by e-mail after completion of your order to the address you have provided. This order receipt confirmation e-mail contains the contractual provisions and these GTC once again and can be easily printed out or saved with your e-mail programme.

2.3 The text of the contract is stored by us, but for security reasons it is not directly accessible by you. We offer a password-protected direct access ("Login") for each customer. Here, with the appropriate registration, you can view data on your completed, open and recently dispatched orders and manage and save your data (address data, any bank details) and any newsletter. The customer undertakes to treat the personal access data confidentially and not to make it accessible to any unauthorised third party.

3. contracting parties, language and conclusion of contract

3.1 Your contractual partner is Nubert electronic GmbH. Contracts in our Internet shop can currently only be concluded in German.

3.2 Our advertising offers are subject to confirmation as long as they do not become the content of a contractual agreement. We reserve the right to make changes in the design and/or due to technical improvements prior to the conclusion of the contract.

3.3 When ordering online via our shop system, you can check and change your data again before completing the order process. When ordering by telephone, you will receive these GTCs and the reproduction of your order once again in writing.
A binding contract is only concluded when we accept the buyer's order. The buyer is bound to his order for no longer than 2 working days (cf. II. clause 1.4). In addition, he retains the statutory right of revocation. Acceptance of the order by us can be effected by the following circumstances:

  • We accept your order by means of a separate declaration of acceptance or
  • we ask you for payment in advance or
  • You use our offer and complete your order with the payment instruction via the online payment services Instant bank transfer, Giropay, PayPal or PayPal Express or Amazon Payments.
  • When paying by credit card, you use the 3-D Secure security procedures Verified by Visa (VbV), Mastercard SecureCode (MSC), Diners Club ProtectBuy or Discover ProtectBuy and complete the order.
  • In the case of payment by instalments, the contract is concluded when the financing commitment has been sent to you or the invoice purchase option has been confirmed. In the case of purchase on account, you will receive our confirmation of dispatch, which is deemed to be acceptance of your order.
  • You will receive the goods from us without the contract having already been concluded by one of the above actions. Please note that in the case of payment in advance, delivery will only take place after the full amount has been credited to our account.

4. prices, shipping costs

4.1 For orders in our Internet shop, the prices listed in the offer at the time of the order shall apply. The prices stated are total prices, i.e. they include the applicable statutory value-added tax and other price components plus shipping costs, as shown in the order process. The shipping costs depend on the order value and shipping destination. Details on the amount can be found in the respective offer.

4.2 In the case of deliveries outside of Germany, further costs may arise upon import into a third country (customs duties, possible customs fees and import turnover taxes). These other costs shall be borne by the customer.

5. payment for shipping orders

5.1 For customers collecting mail orders (possible in our shops in Schwäbisch Gmünd and Duisburg during normal business hours), we offer EC cash payment with PIN in addition to cash payment. Please ensure that the purchase price does not exceed your personal card limit - your bank will provide you with more details.

5.2 For shipping orders, the following payment options are generally available to you depending on the country of destination and the ordering medium (shop system or telephone) as well as the statistical probability of non-payment, if applicable:

  • Prepayment
    Please transfer the amount after receipt of our "Invoice/Pre-payment". Please state your name, the customer number and the voucher number.
    Our bank details: Kreissparkasse Ostalb
    Bank code: 614 500 50
    Account number: 440 007 773
    BIC: OAS PDE 6A
    IBAN: DE39 61450050 0440007773
  • Credit card
    We accept VISA Card, Mastercard, Diners Club International and Discover. The credit card account is debited with the order. The credit card information is of course transmitted encrypted with SSL and treated strictly confidentially so that your data does not fall into "foreign hands".
  • PayPal or PayPal Express
    You pay the invoice amount via the online provider PayPal. You must always be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us (exception: guest access).
  • Pay via 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 payment information is not shared with us. Paying through Amazon gives you the same familiar payment environment as Amazon without leaving our website. All you need to pay is your Amazon credentials.
  • Instant bank transfer (see klarna.com)
    "Instant" is the direct transfer procedure of Sofort GmbH - A Klarna Group Company. If your bank supports this service, the transfer interface is presented to you immediately when you pay. All data are already entered and we receive the transfer credit directly. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Via the secure payment form of Sofort GmbH, which is not accessible to merchants, this payment service automatically sets up a transfer in your online bank account in real time. The purchase amount is transferred immediately and directly to our account.
  • Giropay
    When you select this payment method, you will be directed to the online banking service of your bank or savings bank. There you log in as usual with your access data. After successful login, you will automatically be shown a bank transfer containing all details of your purchase: Invoice amount, reason for payment and our bank details. To carry out the transfer, you now only need to enter a TAN. For your security, you will receive a confirmation of the successful payment directly afterwards. At the same time, we receive a payment guarantee from your bank or savings bank.
  • Payment by invoice and financing (hire purchase) via Payolution GmbH
    The invoice and instalment purchase is processed via the service provider Payolution GmbH, Columbusplatz 7-8, 1100 Vienna, Austria (www.payolution.com). For payment by invoice and financing (instalment purchase) via Payolution GmbH (possible for natural persons in Germany, Austria and Switzerland) additional GTC for invoice & instalment purchase apply (see under II.). These provide for additional conditions (specification of date of birth, minimum age 18 years, creditworthiness, etc.) and your consent to the transfer of your data to Payolution GmbH and from them in certain cases to credit agencies. In the event of late payments, interest on arrears will be charged at the statutory rate and it may be that the claims are handed over to collection agencies, so that additional costs may be incurred for legal action. 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 post office boxes are not sufficient. Delivery to different delivery addresses is not possible. The processing of payment via these payment methods requires a successful credit check.

    The selection of the payment method purchase on account via Payolution GmbH 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 is then payable within 14 days of receipt of the invoice to Unzer E-Com GmbH, Vangerowstraße 18, 69115 Heidelberg, to which Nubert assigns the purchase price claim from the purchase contract, unless otherwise agreed. In this case, the customer can only make payment to Unzer E-Com GmbH with debt-discharging effect. In the event that you wish to claim that you no longer have to make the payment or no longer have to make the payment in full due to the exercise of the right of withdrawal or the exercise of other rights, we will receive the claim assigned back to us by the aforementioned bank. Further processing in these cases will therefore be carried out with Nubert.

    If you choose payment by instalments, you can divide the total amount of your order into suitable monthly instalments (at least 3 or up to 24 instalments if you are creditworthy), which are conveniently collected from your account by direct debit mandate. The minimum purchase value for payment by instalments is 200 EUR. The maximum loan amount may not exceed 8,000 EUR. The values include shipping costs and any applicable VAT.

    If you have any questions about your payment status, you can contact us directly in the Customer portal of Payolution GmbH inform.

    You can find information on the instalment conditions (contract periods, interest, etc.) on the product pages of our speakers.

Depending on the country of destination or the transport service provider, it is possible that we cannot offer individual payment methods. The payment methods available for your country or products will be displayed during the ordering process.

Delivery only within the EU, Switzerland and Liechtenstein! If there are further delivery restrictions for certain products, you will be informed separately on the respective product pages.

II. General Terms and Conditions (GTC) for Purchase on Account and Purchase by Instalment from Nubert electronic GmbH (hereinafter: "we")

General

We offer the payment methods "purchase on account" (purchase on account) and/or "payment by instalments" for our customers. In doing so, an assignment of receivables to Unzer E-Com GmbH (hereinafter referred to as "Bank") takes place.

2. purchase on account and purchase by instalment are only available to consumers aged 18 and over. You can use this service to purchase goods over the internet and only have to pay for them after actually receiving the goods and the invoice, or you can conveniently pay in instalments.

3. The purchase contract for the goods is concluded exclusively between you and us. The handling of the purchase contract is also determined by the agreements you make with us. In particular, we remain responsible for general customer enquiries (e.g. about goods, delivery time, dispatch), returns, complaints, warranty claims, any contract cancellations and credit notes. If you opt for purchase on account or payment by instalments, these terms and conditions shall apply in addition to those agreements and the GTC that you agree with us within the framework of the purchase contract.

4. We will assign our claim for payment of the purchase price against you to the bank in order to process a purchase on account or a purchase with payment by instalments. You are hereby informed of this assignment of claim. All payments must be made exclusively to the bank to the account made known to you for this purpose in order to discharge the debt. The goods remain the property of the bank until full payment has been made.

5.5. Payolution GmbH, Columbusplatz 7-8, 1100 Vienna, Austria (www.payolution.com) acts for us as a technical service provider and service provider for checking your creditworthiness for a purchase on account or a purchase by instalment.

Payment modalities and interest rates

6. In the case of purchase by instalment, you will be informed in our data entry screen or another suitable electronic medium and in information subsequently made available to you for retention or storage about all material terms of the contract within the meaning of the pre-contractual information requirements of Directive 2008/48/EC on consumer credit agreements. This information will additionally be provided to you in a storable form electronically or in writing after the conclusion of the contract, at the latest upon delivery of the goods.

7. If you withdraw from the purchase contract, return the goods, claim a price reduction or have other reasons for not having to make your payment in full or in part on the basis of your special agreement with us or on the basis of statutory provisions, the bank will in this case transfer the claim against you back to us. A final agreement on payment must then be reached with us or the transaction must be reversed.

Termination and early repayment

8. early termination of an agreement on instalment payment is possible by way of early repayment: you have the right to repay the loan amount in part or in full at any time before the end of the agreed period. In the event of early repayment of the loan, the interest payable by you shall be reduced in accordance with the reduced outstanding balance and the shortened duration of the contract; costs dependent on the term shall be reduced proportionately.

Warning: consequences of non-payment

9. interest on arrears in the agreed amount as well as costs for appropriate reminders shall be incurred for late payments both for purchase on account and for purchase by instalment. If the internal dunning process is not successful, the bank may hand over the outstanding debt to a collection agency for collection. In this case, you may incur costs for legal action by collection agencies and possibly for legal representation.

10. we inform you that in the case of payment by instalments, in the event of failure to make due payments, the bank to which the purchase price claim has been assigned by us has the right to terminate the agreement on payment by instalments prematurely after issuing a written reminder and setting a grace period, and the entire amount still outstanding will then become due immediately.

Privacy policy

11. If you select purchase on account or payment by instalments, you expressly agree that personal data (first name, surname, address, email, telephone number, date of birth, IP address, gender) are transmitted to Payolution GmbH together with data required for the transaction processing (article, invoice amount, interest, instalments, due dates, total amount, invoice number, taxes, currency, order date and order time). Payolution GmbH has a legitimate interest in the data and needs or uses it to carry out risk checks.

12. In order to check the creditworthiness of the customer, queries and information are carried out with publicly accessible databases and credit agencies. By accepting these GTC, you declare your express consent that creditworthiness information may be obtained from the following providers:

  • CRIF GmbH, Diefenbachgasse 35, A-1150 Vienna
  • CRIF AG, Hagenholzstrasse 81, CH-8050 Zurich
  • Deltavista GmbH, Dessauerstrasse 9, D-80992 Munich
  • SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden
  • KSV1870 Information GmbH, Wagenseilgasse 7, A-1120 Vienna
  • Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, D-22761 Hamburg
  • Creditreform Boniversum GmbH, Hellersbergstr. 11, D-41460 Neuss
  • infoscore Consumer Data GmbH, Rheinstraße 99, D-76532 Baden-Baden
  • ProfileAddress Direktmarketing GmbH, Altmannsdorfer Strasse 311, A-1230 Vienna
  • Deutsche Post Direkt GmbH, Junkersring 57, D-53844 Troisdorf
  • payolution GmbH, Am Euro Platz 2, A-1120 Vienna

Payolution GmbH will transmit your bank details (especially bank code and account number) to SCHUFA Holding AG for the purpose of account number verification. SCHUFA uses this data to first check whether the bank details you have provided are plausible. The SCHUFA checks whether the data used for the check is stored in your database and then transmits the result of the check back to Payolution GmbH. A further data exchange such as the disclosure of creditworthiness information or a transmission of deviating bank connection data as well as storage of your data in the SCHUFA database does not take place within the scope of the account number check. For reasons of proof, only the fact of the verification of the bank connection data is stored at SCHUFA.
Furthermore, you agree that Payolution GmbH is entitled to also store, process, use and transmit data on any non-contractual behaviour (e.g. undisputed open claims) to the above-mentioned credit agencies.

13. In addition, Payolution GmbH will forward the data mentioned in section 11 to ThreatMetrix for the purpose of fraud prevention. The legal basis for this transfer is Article 6 (1) f DSGVO. Transfers on this basis may only take place insofar as this is necessary to safeguard the legitimate interests of the company or third parties and does not override the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.

14. By accepting these GTC, you acknowledge that we are already legally obliged to check your creditworthiness in accordance with the provisions of the German Civil Code on financial assistance between entrepreneurs and consumers.

15. You expressly agree that in the case of a purchase on account or purchase on instalments we transmit data to Payolution GmbH about the commencement (about your person, purchase price, term of the instalment transaction, start of instalments) and the settlement as agreed (e.g. early repayment, extension of term, repayments made) of this instalment transaction. After the assignment of the purchase price claim, the bank accepting the claim will carry out the above-mentioned data transmissions; you also expressly agree to this. We or the bank to which the purchase price claim is assigned will also report data to Payolution GmbH due to non-contractual processing (e.g. termination of the instalment facility, enforcement measures). These reports may only be made according to the data protection regulations, as far as this is necessary to protect the legitimate interests of contractual partners of Payolution GmbH or the general public and your interests worthy of protection are not affected by this. Payolution GmbH stores the data in order to be able to provide its contractual partners, who commercially give instalment and other credit transactions to consumers, with information to assess the creditworthiness of customers. Address data can be transmitted to companies that commercially collect receivables and are contractually affiliated with Payolution GmbH for the purpose of determining debtors. Payolution GmbH only makes the data available to its contractual partners if they credibly demonstrate a legitimate interest in the data transfer. Payolution GmbH only transmits objective data without specifying the bank; subjective value judgements as well as personal income and financial circumstances are not included in information provided by Payolution GmbH.

16. We would like to point out that you can revoke your consent to the transfer of data at any time, even without giving reasons. However, the above-mentioned legal obligations to check your creditworthiness remain unaffected by any revocation. Finally, you undertake to provide only truthful information to us. Should you wish to obtain information about the use of personal data concerning you, you can contact datenschutz@payolution.com.

Applicable law and place of jurisdiction

17. The place of performance for all transactions shall be the company location to the extent permitted by law. The contractual, ordering and business language is German.

18. The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

19. All disputes arising from the contract concluded with you shall be settled before the court of your general place of jurisdiction. An extrajudicial complaint or arbitration procedure for legal disputes arising from this contractual relationship is not agreed. Should any provision of these GTC be invalid, this shall not affect the validity of the other provisions of these GTCs.

III. General provisions

1. Delivery, deadlines

1.1. Partial deliveries shall be made at the request of the buyer. Partial delivery is only possible within Germany.

1.2. The available goods will be dispatched from Schwäbisch Gmünd on the next working day or the day after (in the case of weekend orders) after receipt of the order and, if applicable, advance payment or acceptance of credit card payment or release of the credit agreement. Specified delivery times are not to be understood as an offer to conclude a fixed transaction with a guaranteed date.

1.3. The delivery time shall be extended appropriately if strike measures and lockouts as well as other circumstances for which we are not responsible impair the delivery, in particular in cases of delivery delays due to force majeure. We will inform the buyer immediately of the beginning and end of such obstacles.

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

2. Guarantee, warranty

2.1. Nubert (Nubert electronic GmbH, Nubertstraße 1, 73529 Schwäbisch Gmünd, Germany) grants the purchaser a special manufacturer's warranty in accordance with the following conditions on certain products of the Nubert brand for which we state this in the offers and in the corresponding product documents or for which the warranty conditions are enclosed with the delivery.

The statutory warranty rights apply to products from other manufacturers and brands that you purchase from Nubert. Insofar as other manufacturers issue their own warranties, claims arising from these warranties are only valid against these manufacturers and not against Nubert.

2.2. The statutory rights of the purchaser, in particular the statutory right of withdrawal or the statutory right of liability for defects, shall remain unrestrictedly available to the purchaser in addition to the guarantee and shall be available to the purchaser to the full extent. The use of the consumer's statutory rights is of course possible free of charge and is not restricted by the guarantee.

2.3. The warranty period for Nubert speakers in passive technology (without built-in amplifier) is 5 years from the date of delivery to the first purchaser. This applies without restriction for the first two years.
After the second year, the warranty is limited to the functionality of the chassis together with the electrical connections and the electronic components (crossover). In particular, optical changes to surfaces (e.g. foiled, lacquered, veneered, anodised or plastic surfaces) are no longer covered by the warranty after the second year.

2.4. The warranty period for Nubert speakers in active technology (with built-in amplifier, e.g. active speakers and subwoofers), as well as electronic devices of the Nubert brand (e.g. amplifiers and active tuning modules) is 2 years from the date of handover to the first purchaser.

2.5. The warranty period for Nubert accessories (e.g. cables, cable accessories, stands, brackets, speaker reels, speaker covers) is 5 years from the date of handover to the first purchaser. This applies without restriction for the first two years.
After the second year, the guarantee is limited to the functionality of the accessories. In particular, optical changes to surfaces (e.g. lacquered, veneered, anodised or metal, fabric or plastic surfaces) are no longer covered by the warranty once the second year has expired.

2.6. Your proof of purchase from the first purchaser is in each case the proof of guarantee.

2.7. The warranty includes and is limited to the free repair or replacement of the defective part in the event of a material defect of the goods (e.g. material defect or manufacturing defect) or a replacement delivery (concurrently with the return of the defective product) at our discretion. Nubert will also bear the costs of sending the product in question to and from the curb in the event of justified warranty claims, provided that the goods are located within the countries of the European Union and the shipment has been agreed with Nubert in advance.
Additional services are possible as a gesture of goodwill at Nubert's discretion. It is assumed that a material defect which becomes apparent within the warranty period was already present at the time of the transfer of risk. Replaced parts or products returned in the case of a replacement delivery become the property of Nubert. Warranty services do not result in an extension of the warranty period, nor do they initiate a new warranty period. The warranty period for installed replacement parts ends with the warranty period for the entire device. The promise or performance of warranty services is made without recognition of an obligation to perform under statutory warranty law.

2.8. A warranty claim is void in the event of

  • not with Nubert previously coordinated repair attempts of any kind
  • improper operating environment or improper storage (e.g. damage due to moisture).
  • improper transport packaging (the original transport packaging, used in its entirety, provides sufficient protection).
  • improper mechanical effects on the goods (e.g. damage caused by dropping, scratches and damage to housings, displays and remote controls, switches, connection sockets or antennas after delivery), especially on loudspeaker chassis (e.g. depressed membranes/domes).
  • improper operation/handling, improper mounting (of e.g. switches, antennas, covers, feet or brackets) or improper connection (e.g. operation on defective or unsuitable amplifiers or other source devices with DC voltage or unusually high ripple voltage at the source device output) as well as exposure of speakers to amplifier power outside their specification (e.g. sine power of the amplifier is far above the rated power handling of the speaker).
  • individually assembled cables.

2.9. Do not dismantle any loudspeaker chassis or other components from our devices and loudspeakers and do not send in such individual parts until you have contacted Nubert Service and agreed this measure.

2.10. In the event of a warranty claim, the defective product must be packed with a copy of the purchase receipt and a meaningful description of the defect, if possible in the original box, and sent to us (see below for address). We recommend that you coordinate the return with us in order to receive the free return ticket. Returning the goods within the warranty period is sufficient to meet the deadline.

2.11. Address your correspondence, any returns and suggestions to:
Nubert electronic GmbH
Nubertstr. 1
73529 Schwäbisch Gmünd
Telefon: +49 (0)7171 8712-0

3. other claims for damages

We shall only be liable for all claims for damages - in particular from tort, organisational fault, culpa in contrahendo or any other fault-related claims from breaches of duty - insofar as we or our vicarious agents are guilty of intent or gross negligence or the damage is based on a breach of material contractual duties (i.e. duties the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely) or claims under §§ 1, 4 of the Product Liability Act. The above exclusion of liability for cases of simple negligence shall not apply in the case of damage resulting from injury to life, limb or health; or in the case of the assumption of a guarantee of quality or the fraudulent concealment of a defect within the meaning of § 444 BGB. In these cases, we shall also be liable for simple negligence on the part of our legal representatives or our vicarious agents.
Insofar as our liability is regulated above, this shall also apply to our employees, staff, representatives and vicarious agents.

4. Retention of title

Until full payment, the delivered goods remain our property. Please note that if you choose the payment method purchase on account or installment purchase via Payolution GmbH, the purchase price claim is assigned by us to Unzer E-Com GmbH, Vangerowstraße 18, 69115 Heidelberg. In the case of a purchase with these payment methods, the goods remain the property of the bank until full payment.

5. Data protection notice

Our data protection practices are in accordance with the statutory provisions. 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, in the context of which values for the probability of non-payment are calculated, whereby your address data is also included.

6. Applicable law, severability clause

6.1 The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

6.2 In business transactions with merchants and with legal entities under public law, it is agreed that the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks, shall be Schwäbisch Gmünd. In this case we are also entitled to take legal action at the customer's place of business. Any exclusive place of jurisdiction shall remain unaffected by the above provision.

6.3 Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or later lose their legal validity, this shall not affect the validity of the remaining provisions of the General Terms and Conditions. The same shall apply insofar as 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.

Batterie-Rücknahme

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:

Geräteentsorgung

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 the offer of goods and/or services - is not permitted. Violations will be prosecuted. WIENKE & BECKER does not assume any liability towards third parties, in particular not for completeness and topicality of the above information.

© 2019 WIENKE & BECKER – KÖLN Rechtsanwälte.

Status: 07.07.2022