Terms of service

1. Unless otherwise agreed in individual contracts, these General Terms and Conditions of Sale and Delivery (hereinafter also referred to as "GTC") shall exclusively apply to all contracts for the sale, delivery, and other services (hereinafter also "Deliveries") concluded between NET Online-Versand GmbH & Co. KG and you as our customer (hereinafter also "Customer").
   
   
2. These GTC shall apply equally to all types of transactions, including orders placed via our online shops "it-versand.com" and "it-refurbished.net" (hereinafter also "Online Shop"), as well as all other online marketplaces (including Amazon, eBay, Refurbed, Backmarket, Conrad, Temu, Facebook, Google), unless special terms and conditions for the sale of goods via the Online Shop are provided in individual cases.
   
   
3. These GTC apply exclusively. Any differing, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract. This applies even if NET Online-Versand GmbH & Co. KG is aware of such conditions and still provides deliveries and/or services to the Customer. We hereby explicitly object to all General Terms and Conditions, purchasing terms, and delivery terms of our customers and suppliers. The terms and conditions, purchasing terms, and delivery terms of our customers and suppliers shall under no circumstances become part of the contract, even if we do not separately object to these terms and conditions, unless NET Online-Versand GmbH & Co. KG has explicitly agreed to them in writing.
   
   
4. These GTC also apply to all future contracts for deliveries and services by NET Online-Versand GmbH & Co. KG to the Customer.
   
   
5. These GTC apply to orders by consumers and businesses.
   
   
6. A customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity.
   
   
7. A customer is a business if they act in the exercise of their commercial or independent professional activity when concluding the contract.
   
   
8. Legally significant declarations and notices to be made by the customer to us after contract conclusion (e.g. setting deadlines, defect notifications, declaration of withdrawal or reduction) require written form to be effective.
   
   

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

   1.2. Special provisions for contract conclusion in the eBay shop.

   1.2.1. Contract content and conclusion for purchases via eBay. Contract conclusion is governed by §§ 9-11 of eBay's General Terms and Conditions, which you can access at http://pages.ebay.de/help/policies/user-agreement.html The contract terms are available in German. The following is summarized there:

   1.2.2. If an item is listed in an online auction on 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 contract. This offer is addressed to the customer who places the highest bid during the auction period and meets any additional conditions specified in the offer. The offer can be accepted during the individually determined auction period. The customer accepts the offer by placing a bid. The bid expires if a third party places a higher bid during the auction period. The official eBay time is used to measure the auction period. At the end of the auction period, the contract is concluded with the customer who placed the highest bid.

   1.2.3. If an item is listed in an online auction on the eBay shop of NET Online-Versand GmbH & Co. KG and also includes the Buy It Now option, the contract with the customer is concluded at the fixed price specified in the option as soon as the customer uses this option, regardless of the auction period and without conducting an online auction. The Buy It Now option can be used as long as no bid has been placed on the item.

   1.2.4. If an item is listed exclusively under the Buy It Now fixed price format on 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 contract at the stated price. The contract with the customer is concluded as soon as the customer meets any conditions specified in the offer, clicks the Buy It Now button, and confirms the process.

   
   
2. Placing an order by the customer constitutes a binding contract offer. In the NET Online-Versand GmbH & Co. KG online shop, the customer submits a binding contract offer by sending an order by clicking the "Buy Now" or "Place Order with Obligation to Pay" button. Unless otherwise stated in the order, we are entitled to accept this contract offer within 1 week of receipt. Using an approved instant payment method does not yet result in a contract, even if the purchase price or fee has been paid. Acceptance of the offer (and thus the contract conclusion) occurs in all cases only through our written order confirmation, which confirms the processing of the order or the shipment of the goods, or by sending the goods. If the customer has not received an order confirmation or notification of shipment, or the goods, within 5 days, they are no longer bound by their order. Any services already provided will be refunded immediately in this case.
   
   
3. A contract is only concluded through our written order confirmation or implicitly by the delivery of the goods, and is governed exclusively by the content of the order confirmation and these terms of delivery.
   
   
4. The following provisions apply additionally for orders placed via the online shop:

   4.1. At the end of the ordering process, the customer receives a summary of the ordered products, the total price to be paid (incl. statutory VAT), and the applicable shipping and additional costs.

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

   4.3. NET Online-Versand GmbH & Co. KG immediately confirms receipt of the order to the customer by email (order receipt confirmation). The order receipt confirmation is not an acceptance of the order unless it explicitly states both the confirmation of receipt and the acceptance. A contract is only concluded when we accept your order through a declaration of acceptance or by delivering the ordered items.

   4.4. If delivery of the ordered goods is not possible, e.g. because the item is out of stock, we will not accept the order. In this case, no contract will be formed. We will inform the customer immediately and refund any payments received without delay.

   4.5. The exclusive contract language is German. We store all contract data only as part of our commercial accounting in accordance with legal regulations. This data is no longer available or retrievable after a sale is completed. Please save the contract documents we send you or print them out. These Terms and Conditions and all other contract terms can be downloaded, saved, and/or printed by you. They will also be sent to you by email for every purchase and sale.

   4.6. The customer is required to provide all necessary data for invoicing (including billing address, exact company name if applicable, and a valid VAT ID) completely and accurately during the ordering process. Our invoicing is fully automated based on the customer's input. The customer has no right to a free subsequent change of an already issued invoice (e.g., readdressing or adding a VAT ID or company name) unless the error in the original invoice is due to our fault. If the customer requests a manual invoice change for reasons within their responsibility (e.g., typos, forgotten VAT ID), NET Online-Versand GmbH & Co. KG reserves the right to charge a service fee of €35.00 (incl. VAT) per document for the manual processing effort. The customer may provide evidence that no or significantly lower costs were incurred by us due to the subsequent change.

   
   

1. The subject matter of the contract is the products listed in the order or order and confirmation, at the final prices stated there.
   
   
2. Unless explicitly stated otherwise in the product description, the goods we offer are used products.
   
   
3. Used goods may show signs of use, dirt from previous use, minor defects or functional limitations that do not or only slightly affect normal use, and other typical limitations for used goods. This is specified in our product descriptions; please read them carefully to avoid misunderstandings.
   
   
4. The scope of delivery is described in the product description. The delivery does not include any software, drivers, power or data cables, or other accessories (manuals, data carriers, etc.) unless explicitly stated in our product description.
   
   

1. The price stated in the respective offer for our goods is exclusive of statutory VAT. The respective shipping costs are stated in the offer and must be borne by the customer, unless the customer exercises their right of withdrawal.
   
   
2. The final price stated does not include any duties, import taxes, or other import charges that may be levied by the destination country for shipments outside the European Community. We do not take back transport or any other packaging as per the Packaging Ordinance; these become the customer's property.
   
   
3. We are entitled to issue partial invoices for partial deliveries as per Section VII.8.
   
   
4. Prices for purchases via the NET Online-Versand GmbH & Co. KG online shop, eBay, Amazon, and other end-customer and end-consumer online marketplaces. The prices and shipping costs stated in the respective offers are final prices. They include all price components, including all applicable taxes. If delivery is to a non-EU country, additional duties, taxes, or fees may be payable by the customer, but not to the seller, but to the relevant customs or tax authorities. Customers are advised to check the details with the customs or tax authorities before placing an order.
   
   

1. Payment by the customer can generally be made by bank transfer (advance payment), PayPal, Klarna, Mollie, Stripe, Amazon Pay, or credit card. Payment must be made in full within 7 calendar days of invoicing.
   
   
2. Payments are considered timely upon receipt by NET Online-Versand GmbH & Co. KG.
   
   
3. Upon expiry of the payment period, the customer is in default. During default, the purchase price is subject to interest at the applicable statutory default interest rate. We reserve the right to claim further damages for default. Our claim to commercial due 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 payment claims (e.g., insolvency proceedings), NET Online-Versand GmbH & Co. KG is entitled, under statutory provisions, to refuse performance and – if applicable after setting a deadline – to withdraw from the contract (§ 321 BGB) and/or, for outstanding deliveries, to demand advance payment or security. For contracts involving the production of non-fungible goods (custom items), we may immediately withdraw; statutory provisions on the dispensability of setting a deadline remain unaffected.
   
   
5. The customer may only offset with counterclaims that are legally established, undisputed, or acknowledged by NET Online-Versand GmbH & Co. KG. The customer may only exercise a right of retention based on counterclaims arising from the same contractual relationship.
   
   

1. Delivery is made ex warehouse, which is also the place of performance. At the customer's request and expense, the goods will be shipped to another destination (distance sale). Unless otherwise agreed, we are entitled to determine the method of shipment (e.g., transport company, shipping route, packaging) at our discretion.
   
   
2. The risk of accidental loss or damage to the goods passes to the customer no later than upon handover.
   
   
3. For customers who make a purchase in the exercise of their commercial or independent professional activity (entrepreneurs), the risk of accidental loss, accidental deterioration of the goods, and delay passes to the customer as soon as the goods are handed over to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If acceptance is agreed, it is decisive for the transfer of risk. Otherwise, the statutory provisions of contract for work and services apply accordingly to an agreed acceptance. Handover or acceptance is equivalent if the customer is in default of acceptance.
   
   
4. For customers who make a purchase for a purpose that cannot be attributed to their commercial or independent professional activity (consumers), we bear the transport risk until the goods are handed over by the carrier to the customer.
   
   
5. You bear the return shipping costs incurred in the event of exercising your right of withdrawal. If you exercise your right of withdrawal, we will refund the shipping costs (outbound) of the goods up to the amount of the cheapest standard shipping option.
   
   
6. The delivery period is individually agreed or specified by us during the ordering process. The start of the delivery period specified by us assumes that the customer has provided us with all necessary information and documents 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 the order confirmation. For later additional or extension orders, the deadlines are extended accordingly.
   
   
7. If we are unable to meet binding delivery deadlines for reasons beyond our control (unavailability of the service), we will inform the customer immediately and provide the new estimated delivery date. If the service remains unavailable even after the new delivery date, we are entitled to withdraw from the contract in whole or in part; any payment already made by the customer will be refunded immediately. Unavailability of the service particularly includes cases where our supplier fails to deliver on time, provided we have concluded a congruent cover transaction, neither we nor our supplier are at fault, or we are not individually obligated to procure the goods.
   
   
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 contractual purpose, (ii) delivery of the remaining ordered goods is guaranteed, and (iii) this does not cause the customer significant additional effort or costs (unless the seller agrees to cover these costs).
   
   

1. A business customer’s warranty claims require that they have fulfilled their statutory inspection and notification obligations (§§ 377, 381 HGB). If the customer is a business, they must inspect deliveries for defects immediately and notify NET Online-Versand GmbH & Co. KG in writing or text form without delay, but no later than 7 calendar days after delivery. For hidden defects, the notification period begins when the defect is discovered or could have been discovered without gross negligence. Transferring the purchased items to third parties or shipping them abroad does not relieve the customer of their notification obligation under Section VIII.1.
   
   
2. If the defect is not reported or not reported on 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 from the purchase contract are fully settled. For business customers, this also applies until all future claims of NET Online-Versand GmbH & Co. KG from the ongoing business relationship, including interest and costs, are 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 applies, i.e., as long as the customer has not fulfilled all claims of NET Online-Versand GmbH & Co. KG from the relevant purchase contract. Combining items subject to retention of title with the customer’s or third parties’ property is also prohibited.
   
   
3. The customer must immediately notify NET Online-Versand GmbH & Co. KG in writing or text form if and to the extent that third parties access the purchased items subject to retention of title.
   
   

1. For the customer’s rights in case of material and legal defects, the statutory provisions apply unless otherwise specified below. In all cases, the statutory special provisions for final delivery of goods to a consumer (supplier recourse pursuant to §§ 478, 479 BGB) remain unaffected.
   
   
2. The basis of our liability for defects is primarily the agreement on the condition of the goods. Product descriptions designated as such (including those from the manufacturer), which were provided to the customer before their order or incorporated into the contract in the same way as these terms and conditions, are considered agreements on the condition of the goods. Claims for defects are excluded for damage to the purchased items caused by improper or otherwise contractual actions of the customer or persons attributable to their sphere. This applies in particular if the customer has not followed the manufacturer’s usage instructions.
   
   
3. For the sale of used items to businesses, liability for defects is excluded. The provision in Section XI No. 1 remains unaffected.
   
   
4. If the customer is a business, NET Online-Versand GmbH & Co. KG shall choose the type of subsequent performance at its own discretion. Otherwise, the statutory provisions apply unless this Section X provides otherwise. The customer’s claims for expenses required for 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. If NET Online-Versand GmbH & Co. KG replaces delivery items or parts thereof as part of the warranty, the customer must return and transfer ownership of the replaced items or parts to NET Online-Versand GmbH & Co. KG.
   
   
6. An additional warranty for goods delivered by NET Online-Versand GmbH & Co. KG only applies if explicitly stated in the order confirmation for the respective item.
   
   

1. Customer claims for damages are excluded. Exceptions are claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (obligations whose fulfillment enables 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 caused by 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 is only liable for typical, foreseeable damages if caused by simple negligence, unless the claims arise from injury to life, body, or health.
   
   
3. The limitations of sections 1 and 2 also apply in favor of the legal representatives and vicarious agents of NET Online-Versand GmbH & Co. KG if claims are made directly against them.
   
   
4. The provisions of the Product Liability Act remain unaffected.
   
   
5. Data communication via the Internet cannot currently be guaranteed to be error-free and/or available at all times. NET Online-Versand GmbH & Co. KG is not liable for the constant or uninterrupted availability or the error-free function of the online shops and online services.
   
   

1. If the customer is a consumer, claims for defects in used items expire within one year from delivery of the purchased item, provided this was explicitly and separately agreed with the consumer before the contract was concluded. Otherwise, claims expire within two years from delivery. This limitation period also applies to contractual and non-contractual claims for damages based on a defect in the purchased item. Exceptions are cases involving the absence of a guaranteed characteristic, fraudulently concealed defects, and claims under warranties, which are governed by the respective warranty terms. For claims for damages arising from injury to life, body, or health, as well as claims based on intentional or grossly negligent breach of duty by NET Online-Versand GmbH & Co. KG, its legal representatives, or vicarious agents, the statutory limitation periods apply.
   
   
2. If the customer is a business, the warranty for material defects in the purchase of used items, as regulated in Section X.3, is completely excluded. For new goods, claims for defects against businesses expire within one year from the delivery of the purchased item. This limitation period also applies to contractual and non-contractual claims for damages by the customer based on a defect in the purchased item. §§ 478, 479 BGB remain unaffected.
   
   
3. All claims for damages and reimbursement of expenses against us expire within one year from the delivery of the goods. Excluded from this are the customer's claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by NET Online-Versand GmbH & Co. KG, its legal representatives, or vicarious agents.
   
   
4. The limitation provisions of the Product Liability Act remain unaffected.
   
   
5. Deviating from the above regulations, for contracts concluded via external online marketplaces (such as Amazon, eBay, Refurbed, Backmarket, Conrad, Temu, Google, Facebook), a limitation period of one year from the delivery of the purchased item applies for defect claims when purchasing used items.
   

1. Battery disposal instructions. In connection with the distribution of batteries or the delivery of devices containing batteries, the provider is obligated to inform the customer of the following: As an end user, the customer is legally required to return used batteries. They can return old batteries that the provider has or had in its range as new batteries free of charge to the provider's shipping warehouse (shipping address). The symbols shown on the batteries have the following meanings: The symbol of the crossed-out trash can means that the battery must not be disposed of in household waste.

   Pb = Battery contains more than 0.004% lead by mass

   Cd = Battery contains more than 0.002% cadmium by mass

   Hg = Battery contains more than 0.0005% mercury by weight.

   
   
2. Note on the Electrical and Electronic Equipment Act (ElektroG). Electrical devices must not be disposed of in household waste but only via local collection and return systems provided by municipalities.
   
   
3. Packaging take-back in accordance with the Packaging Ordinance. Under the Packaging Ordinance, we are required to take back packaging for our products that do not bear the symbol of a nationwide disposal system (such as the "Green Dot" of Duales System Deutschland AG) and ensure their reuse or disposal. For further clarification on returns, please contact us for such products (Contact: Contact form). We will then provide you with a local collection point or a disposal company in your area that will accept the packaging free of charge. If this is not possible, you may send the packaging back to us. Please request the return address via the Contact form in the respective online shops. The packaging will be reused by us or disposed of in accordance with the Packaging Ordinance.
   
   

1. Contracts between NET Online-Versand GmbH & Co. KG and 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 (CISG).
   
   
2. If the customer is a merchant, a legal entity under public law or a special public fund, the exclusive place of jurisdiction for all disputes arising from the contract is the business location of NET Online-Versand GmbH & Co. KG. However, we are also entitled to file a lawsuit at the customer's general place of jurisdiction. The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought.
   
   

Right of Withdrawal

• for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs,
  
  
• for the delivery 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.