Terms of service

1. Subject to any differing individual contractual provisions, these General Terms and Conditions of Sale and Delivery (hereinafter also referred to as "GTC") apply exclusively to contracts for sales, deliveries and other services (hereinafter also referred to as "deliveries") that NET Online-Versand GmbH & Co. KG concludes with you as our customer (hereinafter also referred to as "customer").
   
   
2. These terms and conditions apply equally to all types of transactions, including orders placed via our online shop "it-versand.com" and "it-refurbished.net" (hereinafter also referred to as "online shop"), as well as to all other online marketplaces (including Amazon, eBay, Refurbed, Backmarket, Conrad, Temu, Facebook, Google), unless special regulations are provided for the sale of goods via the online shop in individual cases.
   
   
3. These terms and conditions apply exclusively. Any differing, deviating, supplementary or otherwise conflicting terms and conditions of the customer shall not become part of the contract. This applies even if NET Online-Versand GmbH & Co. KG provides deliveries and/or services to the customer with knowledge of such conditions. We hereby expressly object to all general terms and conditions, purchasing conditions and delivery conditions of our customer and supplier. The terms and conditions of business, purchasing conditions and delivery conditions of our customer and supplier shall under no circumstances become part of the contract, even if we do not expressly object to these terms and conditions of business or purchasing, unless NET Online-Versand GmbH & Co. KG has expressly agreed to those conditions in writing.
   
   
4. These terms and conditions also apply to all future contracts for deliveries and services from NET Online-Versand GmbH & Co. KG to the customer.
   
   
5. These terms and conditions apply to orders placed by consumers and businesses.
   
   
6. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity.
   
   
7. The customer is an entrepreneur if, when concluding the contract, he is acting in the course of his commercial or independent professional activity.
   
   
8. Legally relevant declarations and notices that the customer must submit to us after conclusion of the contract (e.g. setting deadlines, notices of defects, declaration of withdrawal or reduction) require written form to be effective.
   
   

1. Our offers in the catalog or online shop are subject to change and non-binding. This also applies to product descriptions. The presentation and advertising of items, e.g. in our online shop or in our catalogs, does not constitute a binding offer to conclude a purchase agreement. It merely represents an advertisement for the goods of NET Online-Versand GmbH & Co. KG.

   1.2. Special features for concluding a contract in the eBay shop.

   1.2.1. Contract content and conclusion when buying via eBay. The conclusion of the contract is governed by Sections 9-11 of eBay's General Terms and Conditions, which you can find at http://pages.ebay.de/help/policies/user-agreement.html can be accessed. The terms and conditions are available in German. In summary, the following is regulated there:

   1.2.2. If an item is listed in the eBay shop of NET Online-Versand GmbH & Co. KG as part of a so-called online auction, the activation of the offer page on eBay constitutes a binding offer to conclude a purchase agreement. This is aimed at the customer who submits the highest bid during the online auction and fulfills any additional conditions specified in the offer. The offer can be accepted during the individually determined duration of the online auction. The customer accepts the offer by submitting a bid. The bid expires if a third party submits a higher bid during the online auction. The official eBay time is decisive for measuring the duration of the online auction. At the end of the specified duration of an online auction, a contract is concluded with the customer who has submitted the highest bid up to that point.

   1.2.3. If an item is listed in the eBay shop of NET Online-Versand GmbH & Co. KG as part of a so-called online auction and is also provided with the Buy It Now function, the contract with the customer is concluded at the fixed price specified in the option, regardless of the duration and without the execution of an online auction, as soon as the customer exercises this option. The option to conclude a contract at a fixed price can be exercised as long as no bid has yet been placed on the item.

   1.2.4. If an item is listed exclusively under the fixed-price format "Buy It Now" in the eBay shop of NET Online-Versand GmbH & Co. KG, the activation of the offer page on eBay constitutes a binding offer to conclude a purchase agreement at the stated price. The contract with the customer is concluded as soon as the customer fulfills any conditions contained in the offer, clicks the "Buy Now" button and confirms the process.

   
   
2. The customer's order of goods constitutes a binding offer to enter into a contract. In the NET Online-Versand GmbH & Co. KG online shop, the customer submits an order by clicking the "Buy now" button.or "Order with obligation to pay" constitutes a binding contractual offer which requires our acceptance. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 1 week of its receipt by us. The use of approved instant payment methods by the customer does not yet lead to the conclusion of a contract, even after payment of the purchase price or fee. Acceptance of the offer (and thus the conclusion of the contract) only occurs in any case through our written order confirmation, in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods. If the customer has not received an order confirmation or notification of delivery or the goods themselves within 5 days, they are no longer bound by their order. Any services already provided will be reimbursed immediately in this case.
   
   
3. A contract only comes into existence through our written order confirmation or implicitly through the delivery of the goods and is governed exclusively by the content of the order confirmation and these terms and conditions of delivery.
   
   
4. In the case of orders placed via the online shop, the following additional provisions apply:

   4.1. At the end of each order process, the customer receives a summary of the products ordered and the total price to be paid, including the statutory value added tax, as well as any applicable shipping and additional costs.

   4.2. Before submitting an order, you also have the opportunity to review your order again and, if necessary, correct or delete it entirely by clicking the correspondingly labeled buttons.

   4.3. NET Online-Versand GmbH & Co. KG will confirm receipt of the order to the customer immediately by email (order confirmation). The order confirmation does not constitute acceptance of the order unless it explicitly states acceptance in addition to confirming receipt. A contract is only concluded when we accept your order by issuing a declaration of acceptance or by delivering the ordered items.

   4.4. If delivery of the goods ordered by the customer is not possible, for example because the goods in question are not in stock, we will refrain from issuing an acceptance declaration. In this case, a contract does not come about. We will inform the customer immediately and promptly refund any payments already received.

   4.5. The sole contractual language is German. We store all contract data only within the framework of our commercial accounting in accordance with legal regulations. This data is no longer available/retrievable after a sale has been completed. Please save the contract documents we have sent you, or make printouts of them. These terms and conditions and all other contractual terms can be downloaded, saved and/or printed by you. They will also be sent to you via email for every purchase and sale.

   
   

1. The subject of the contract is the products listed in the order or in the order and order confirmation at the final prices stated therein.
   
   
2. The goods we offer are used products, unless otherwise expressly stated in the respective product description.
   
   
3. Used goods may show signs of wear, soiling from previous use, minor defects or limitations that do not or only slightly restrict normal use, and similar limitations typical for used goods. This is stated in our product descriptions; please read our product descriptions very carefully to avoid misunderstandings.
   
   
4. The scope of delivery is described in the item description. No software, drivers, power and data cables or other accessories (manuals, data carriers, etc.) are included in the delivery unless explicitly stated in our item description.
   
   

1. The price stated in the respective offer for our goods is exclusive of statutory VAT. The corresponding shipping costs are indicated to the customer in the respective offer and are to be borne by the customer, unless the customer exercises their right of withdrawal.
   
   
2. The stated final price does not include any customs duties, import taxes or other import charges that may be levied by the destination country if the purchased item is shipped to countries outside the European Community. We do not take back transport and all other packaging in accordance with the Packaging Ordinance; it becomes the property of the customer.
   
   
3. We are entitled to issue partial invoices for partial deliveries as defined in section VII.8.
   
   
4. Prices when purchased via the NET Online-Versand GmbH & Co. KG online shop, eBay, Amazon, and other online marketplaces for end customers and end consumers. The prices listed in the respective offers, as well as the shipping costs, represent final prices. They contain all price components including all applicable taxes. If the delivery is to a non-EU country, the customer may be required to pay additional customs duties, taxes or fees, but not to the supplier, rather to the relevant customs or tax authorities there. The customer is advised to inquire about the details with the customs or tax authorities before placing an order.
   
   

1. Payment by the customer can generally be made via bank transfer (prepayment), PayPal, Payment can be made via Klarna, Mollie, Stripe, Amazon Pay, or credit card. Payment must be made without deduction within 7 calendar days of the invoice date..
   
   
2. For the timeliness of payments, their receipt by NET Online-Versand GmbH & Co. KG is decisive.
   
   
3. The customer will be in default upon expiry of the aforementioned payment deadline. Interest is to be paid on the purchase price during the delay at the applicable statutory default interest rate. We reserve the right to assert further damage caused by delay. Our claim to commercial default interest (§ 353 HGB) against merchants remains unaffected.
   
   
4. If NET Online-Versand GmbH & Co. KG subsequently becomes aware of circumstances indicating a significant deterioration in the customer's financial situation that could jeopardize NET Online-Versand GmbH & Co. KG's payment claims against the customer (e.g., through the filing of an application for insolvency proceedings), NET Online-Versand GmbH & Co. KG is entitled, in accordance with statutory provisions, to refuse performance and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB) and/or, in the case of outstanding deliveries, to demand advance payment or security. In the case of contracts for the production of non-fungible goods (custom-made items), we may declare our withdrawal immediately; the statutory provisions regarding the dispensability of setting a deadline remain unaffected.
   
   
5. The customer may only offset claims that have been legally established, are undisputed or have been acknowledged by NET Online-Versand GmbH & Co. KG. The customer may only assert a right of retention based on counterclaims arising from the same contractual relationship.
   
   

1. Delivery is ex-warehouse, which is also the place of performance. At the customer's request and expense, the goods will be shipped to a different destination (shipment purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
   
   
2. The risk of accidental loss or accidental damage to the goods passes to the customer at the latest upon delivery.
   
   
3. In the case of mail order purchases by customers who make a purchase in the course of their commercial or independent professional activity (entrepreneurs), the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the buyer upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. For the rest, the statutory provisions of the law on contracts for work and services apply accordingly to an agreed acceptance. The same applies if the customer is in default of acceptance.
   
   
4. For customers who make a purchase for a purpose that cannot be attributed to either their commercial or their independent professional activity (consumers), we bear the transport risk until the goods are handed over by the carrier to the customer.
   
   
5. You will bear the return shipping costs incurred if you exercise your right of withdrawal. If you exercise your right of withdrawal, we will reimburse you for the shipping costs (outbound shipping costs) of the goods up to the amount of the cheapest standard shipping option.
   
   
6. The delivery period will be agreed upon individually or specified by us during the ordering process. The commencement of the delivery period specified by us presupposes that the customer has provided us with all information and documents necessary for the execution of the delivery in a timely manner and has made any agreed advance payments as agreed. Unless otherwise specified, agreed deadlines begin on the date of order confirmation. For additional or expansion orders issued later, the deadlines will be extended accordingly.
   
   
7. If we are unable to meet binding delivery deadlines for reasons beyond our control (non-availability of the service), we will inform the customer immediately and at the same time provide the expected new delivery date. If the service is not available even within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will promptly refund any payment already made by the customer. A case of non-availability of the service in this sense is, in particular, failure to receive delivery from our suppliers in good time if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in individual cases.
   
   
8. NET Online-Versand GmbH & Co. KG is entitled to make partial deliveries if (i) the partial delivery is usable for the customer within the scope of the contractual purpose, (ii) the delivery of the remaining ordered goods is ensured, and (iii) the customer does not incur any significant additional effort or costs as a result (unless the seller agrees to bear these costs).
   
   

1. The warranty claims of the customer, who is an entrepreneur, require that he has complied with his statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). If the customer is an entrepreneur, he is obliged to inspect deliveries for defects immediately and to notify NET Online-Versand GmbH & Co. KG of these defects immediately, but no later than 7 calendar days after handover of the delivery to the customer in writing or in text form. In the case of latent defects, the notification period begins at the time when the latent defects are discovered or could have been discovered without gross negligence. The transfer of the purchased goods to third parties or their shipment to foreign customs countries does not release the customer from his obligation to give notice of defects in accordance with this clause VIII.1.
   
   
2. If the notice of defects is not given or not given in due time, our liability for the unreported defect is excluded.
   
   

1. The purchased item remains the property of NET Online-Versand GmbH & Co. KG until all claims arising from the purchase agreement have been fully satisfied. This also applies to entrepreneurs until all future claims of NET Online-Versand GmbH & Co. KG arising from ongoing business relationships, including interest and costs, have been fully settled.
   
   
2. The customer is not entitled to sell or otherwise dispose of the purchased item, in particular to pledge it or transfer it as security, as long as the retention of title exists, i.e., as long as the customer has not fulfilled all claims of NET Online-Versand GmbH & Co. KG arising from the relevant purchase agreement. It is also prohibited to combine purchased goods subject to reservation of title with the customer's own property or the property of third parties.
   
   
3. The customer must notify NET Online-Versand GmbH & Co. KG immediately in writing or in text form if and to the extent that third parties gain access to the goods subject to retention of title.
   
   

1. The statutory provisions apply to the customer's rights in the event of material defects and defects of title, unless otherwise specified below. In all cases, the special legal provisions regarding the final delivery of goods to a consumer (supplier recourse pursuant to Sections 478, 479 of the German Civil Code) remain unaffected.
   
   
2. Our liability for defects is primarily based on the agreement made on the quality of the goods. The product descriptions (including those of the manufacturer) designated as such, which were provided to the customer before his order or incorporated into the contract in the same way as these terms and conditions, shall be deemed to constitute an agreement on the quality of the goods. Warranty rights are excluded with regard to damage to the purchased items caused by improper or other non-contractual actions of the customer or persons attributable to his sphere. This applies in particular if the customer has not followed the manufacturer's instructions for use.
   
   
3. When selling used goods to businesses, liability for defects is excluded. The provision in section XI no. 1 remains unaffected.
   
   
4. If the customer is an entrepreneur, the choice of the type of subsequent performance is at the discretion of NET Online-Versand GmbH & Co. KG. Otherwise, the statutory provisions apply, unless otherwise stipulated in this section X. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded to the extent that the expenses increase because the purchased item was subsequently moved to a location other than the customer's place of business.
   
   
5. In the event that NET Online-Versand GmbH & Co. KG replaces delivered items or parts thereof under the warranty for defects, the customer must hand over and transfer ownership of the replaced items or parts to NET Online-Versand GmbH & Co. KG.
   
   
6. An additional guarantee for goods supplied by NET Online-Versand GmbH & Co. KG only exists if it has been expressly stated in the order confirmation for the respective goods.
   
   

1. Customer claims for compensation are excluded. This excludes claims for damages by the customer arising from injury to life, body, or health, or from the breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
   
   
2. In the event of a breach of essential contractual obligations, NET Online-Versand GmbH & Co. KG shall only be liable for the typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.
   
   
3. The limitations in paragraphs 1 and 2 also apply in favor of the legal representatives and agents of NET Online-Versand GmbH & Co. KG if claims are asserted directly against them.
   
   
4. The provisions of the Product Liability Act remain unaffected.
   
   
5. According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. NET Online-Versand GmbH & Co. KG is therefore not liable for the constant or uninterrupted availability or the faulty functioning of the online shops and online services.
   
   

1. If the customer is a consumer, claims for defects in the purchase of used goods expire within one year of delivery of the purchased item. provided that this was expressly and separately agreed with the consumer before the contractual declaration was madeFurthermore, claims become time-barred after two years from delivery. This limitation period also applies to contractual and non-contractual claims for damages by the customer based on a defect in the purchased item. Excluded are cases of the absence of a warranted characteristic, fraudulently concealed defects, and claims arising from guarantees, which are governed by the respective guarantee provisions. The statutory limitation periods apply to claims for damages by the customer arising from injury to life, body, or health, as well as claims for damages based on an intentional or grossly negligent breach of duty by NET Online-Versand GmbH & Co. KG, its legal representatives, or vicarious agents.
   
   
2. If the customer is an entrepreneur, The warranty for defects in the purchase of used goods is completely excluded, as regulated in clause X.3. When purchasing new goods, claims for defects against businesses expire one year after delivery of the goods. This limitation period also applies to contractual and non-contractual claims for damages by the customer based on a defect in the purchased goods. Sections 478 and 479 of the German Civil Code (BGB) remain unaffected.
   
   
3. All claims for damages and reimbursement of expenses against us shall become statute-barred within one year from delivery of the goods. This excludes claims for damages by the customer arising from injury to life, body, or health, or from the breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely), as well as liability for other damages based on an intentional or grossly negligent breach of duty by NET Online-Versand GmbH & Co. KG, its legal representatives, or vicarious agents.
   
   
4. The limitation periods stipulated in the Product Liability Act remain unaffected.
   
   
5. Notwithstanding the above provisions, the following applies to contracts concluded via external online marketplaces (such as, in particular, Amazon, eBay, Refurbed, Backmarket, Conrad, Temu, Google, Facebook) are closed, and when buying used items, there is a continuous limitation period for claims for defects of one year from the date of delivery of the purchased item.
   

1. Instructions for battery disposal. In connection with the sale of batteries or the supply of devices containing batteries, the supplier is obliged to inform the customer of the following: As an end user, the customer is legally obligated to return used batteries. He can return used batteries, which the supplier carries or has carried as new batteries in its product range, free of charge to the supplier's shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning: The symbol of the crossed-out wheeled bin means that the battery must not be disposed of with household waste.

   Pb = battery contains more than 0.004% lead by mass

   Cd = battery contains more than 0.002 percent by mass of cadmium

   Hg = battery contains more than 0.0005 percent by mass of mercury.

   
   
2. Note regarding the Electrical and Electronic Equipment Act. Electrical appliances must not be disposed of in the trash can, but only via the local collection and return systems of the municipalities.
   
   
3. Packaging take-back in accordance with the Packaging Ordinance. In accordance with the regulations of the Packaging Ordinance, we are obliged to take back packaging of our products that do not bear the symbol of a nationwide disposal system (such as the "Green Dot" of Duales System Deutschland AG) and to ensure their reuse or disposal. For further clarification regarding returns of such products, please contact us (Contact: Contact form). We will then provide you with the address of a municipal collection point or waste disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging back to us. Please request the return address via Contact form in the respective online shops. We reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.
   
   

1. Contracts between NET Online-Versand GmbH & Co. KG and its customers are governed by the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
   
   
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is the registered office of NET Online-Versand GmbH & Co. KG. However, we are also entitled to bring legal action at the customer's general place of jurisdiction. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought.
   
   

Right of withdrawal

• 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,
  
  
• for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery or if software and software licenses have already been activated and/or registered.