Customer Terms & Conditions
Mar 1, 2018
1. These Terms & Conditions shall apply to all orders placed through the online shop functionality on the website at www.n-fuse.co.
2. All contractual agreements entered into by n-fuse GmbH (herein after referred to as “Supplier”) and customers are subject to the Terms & Conditions applying at the time the contract takes effect.
3. Unless otherwise agreed, only the Supplier’s Terms & Conditions shall apply.
2. Conclusion of Contract
1. By submitting an order online (i. e. by clicking the Button “Buy with Costs” in the checkout process), Customers issue a legally binding purchase offer which will need to be accepted by the Supplier. the Supplier reserves the right to refuse orders. If the Supplier should reject an order, the Customer will be notified immediately.
2. A legally binding contract will be formed between the Supplier and the Customer at the time of the Supplier formally confirming the order, or at the time the Consumer has received the goods. N. B. Any automated e-mails sent by the Supplier to Customers in response to Customers submitting their orders do not constitute a formal order confirmation.
1. The Supplier shall ensure that all items are of satisfactory quality, fit for purpose and as described. Properties and specification of any delivered item shall be according to the product information provided on the Supplier website (www.n-fuse.co).
2. The Warranty Terms apply.
4. Typographical Errors
1. The Supplier reserves the right to amend product details in printed material and on the Supplier’s websites if they should be found incorrect or incomplete. In these cases the Customer shall be entitled to explicitly re-confirm the purchase order taking into account the new details. Otherwise, the Supplier shall have the right to cancel the order. The Supplier shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.
5. Limited Availability of Items or Services
1. In the case of items no longer available at the Supplier at the’ time the Customer’s order has been received, the Supplier reserves the right to either offer the Customer items and services matching both quality and price of the original order, or to cancel the order entirely. In the latter case, the Supplier shall reimburse any payment made by the Customer. the Supplier shall refund Customers paying On Account by crediting their respective customer account with the appropriate amount.
1. All prices quoted on www.n-fuse.co are in EURO and represent the total amount due, including VAT charge at the rate that applies in the Customer’s country on the day of purchase (Checkout). The Supplier reserves the right to individually price items offered online. The Supplier is under legal obligation to implement any changes in VAT. For technical reasons, prices displayed in the shopping basket during the check-out may differ from those quoted on the product pages. In this case, prices displayed in the check-out page apply. The Supplier reserves the right to amend prices displayed in the shopping basket if the amount quoted should be incorrect or incomplete.
2. The Supplier reserves the right to amend prices if the amount quoted on the Supplier’s website should be incorrect or incomplete. In these cases, the Supplier shall notify the Customer of the price change, with the Customer being entitled to explicitly re-confirm the purchase order at the new price. Otherwise, The Supplier shall have the right to cancel the order.
7. Payment Conditions
1. All payments are in EURO. The Supplier offers the following payment methods:
- Payment in advance via wire transfer.
Please note that any bank transfer charges incurred in respect ofyour order will be added to your balance.If we do not receive your payment within 20 days, your orderwill be canceled automatically.
2. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.
8. Retention of Title
1. Title to any items shall remain vested in the Supplier and shall not pass to the Consumer until the purchase price for the items has been paid in full and received by the Supplier. Any replacement items provided by the Supplier shall remain vested in the Supplier until the item has been received by the Consumer. Upon receipt, the item shall become the property of the Consumer.
1. Unless otherwise agreed, orders are dispatched to countries with the following delivery terms and times:
Delivery times within Germany: 1-3 working days
Delivery times to EU countries, Rest of the world: 3-6 working days
For orders that have been paid in advance, the delivery period commences the day after payment has been received. For all other payment options, the delivery period starts the day after the order has been confirmed.
N. B If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in Germany, the delivery period is extended to the following working day.
2. Claims related to incomplete deliveries or goods damaged during the delivery process must be directed at the respective delivery service, and must be made within 24 hours after the order has been delivered. Replacement items are subject to the Customer providing to the Supplier proof of the claim being made.
10. Delivery Rates
1. The amount Customers pay will be the item price quoted plus delivery charges. The latest domestic and international shipping rates to countries the Supplier operates in are displayed during the checkout before submitting the order.
11. Right to Cancel and Return Policy
1. Right to Cancel
The Customer can cancel an order without giving a reason within a time period of fourteen (14) days by notifying the Supplier. In order to do so, Customers may fill in a Cancellation Form as given below and sending it via email to: email@example.com
Orders may be canceled within a time period of fourteen (14) days, commencing on the day the Customer, or a representative acting on behalf of the Customer (excluding members of postal or carrier services), has received the goods. If the delivery comprises multiple separate shipments, the time period commences on the day the Customer, or a representative acting on behalf of the Customer (excluding members of postal or carrier services), has received the shipment that completes the delivery.
n-fuse GmbH International Customer Support Ossietzkystrasse 4 70174 Stuttgart Germany E-mail: firstname.lastname@example.org Herewith, I/we would like to withdraw from the Agreement for the purchase of the following goods/ the performance of the following service concluded by me/ us.
Order placed on/received on
Name of the customer(s)
Address of the customer(s)
Signature of the customer(s) (only if submitted on paper)
2. Cancellation & Refunds
The Supplier shall refund all payments (including delivery charges) received from the Customer within a time period of fourteen (14) days after the Customer has canceled an order. However, The Supplier will not refund any delivery costs incurred by the Customer opting for delivery methods other than those offered by the Supplier at the time the order was placed. Unless otherwise agreed, the Supplier will issue refunds by using the same payment method the Customer has chosen when paying for the order. If the original payment method is not an available option (e. g. if the order was paid for using CoD), the Supplier shall refund the Customer by arranging for a wire transfer. Furthermore, refunding the Customer shall not incur any charges.
The Supplier shall have the right to refuse issuing a refund until any goods dispatched under the terms of the contract have been returned, or the Customer has provided proof of return.
The Customer shall return any goods within a time period of fourteen days commencing on the day the Customer has notified Supplier of the order cancellation. Customers must provide proof of return upon request.
3. Returns & Return Costs
If canceling an order involves returning items to the Supplier the Customer agrees to pay the cost of return delivery.
Items that can be returned via mail or parcel services should be sent to:
International Customer Support
Customers must ensure that the correct return postage is paid. All surcharges incurred by returning an item with insufficient postage will be billed to the Customer.
If the accumulated size or weight of the items prevents returning these items via standard mail, standard courier or parcel carrier, the Supplier will provide a Returns Service (optional), with the cost of return delivery to be paid by the Customer. The Customers who wish to use the Returns Service may indicate this either at the time they cancel the respective order, or at a later time, by notifying Suppliers by phone, or sending an e-mail to: email@example.com
The return delivery charge using the Supplier Returns Service is € 250.- (incl. VAT). Customers must make sure that the item to be returned is properly wrapped up and ready for transport.
Customers who do not wish to use the Returns Service are legally required to arrange for the return of the items themselves.
The Supplier will pay the cost of return delivery if the Customer returns an item wrongly sent to the Customer, or if the Customer has received faulty goods. In these cases, the Customer must notify the Supplier either by:
a. a letter sent to: n-fuse GmbH, Ossietzkystrasse 4, 70174 Stuttgart, Germany;
b. an e-mail sent to: firstname.lastname@example.org
N. B. Your right to cancel does not affect your statutory rights.
1. The Supplier is not liable to the Customer (or any other parties) for
a. any loss or damage which was not caused by the Supplier’s breach of contract or Supplier’s breach of legal duty of care;
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if at the time the Supplier and you entered into the contract, either
(i) such loss or damage was contemplated by the Supplier and the Customer, or
(ii) the Customer notified the Supplier that the loss or damage may occur if the Supplier breached the Contract or the Supplier’s legal duty of care;
c. any loss or damage caused by the Customer’s use of the Supplier’s website, help desks or call centers.
2. Unless otherwise agreed, the Supplier shall not be liable to the Customer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by the Customer on items purchased from the Supplier.
3. Nothing in these Terms & Conditions shall affect the Supplier’s liabilities under the Customer Protection Act.
4. Nothing in these Terms & Conditions shall exclude or limit the Supplier’s liability for (i) fraud; (ii) personal injury caused by the Supplier’s negligence; or (iii) liability which may not be excluded or limited under any applicable law.
1. In the course of initiation, conclusion, implementation or rescinding of a contract, the Supplier shall collect, save and process data within the framework of the applicable data protection legislation.
14. Applicable Law & Jurisdiction
1. Any contractual relationships of the Parties shall be regulated by the applicable law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods. This choice of applicable law shall only apply to customers under the condition that the protection it offers is not suspended by mandatory provisions of the laws of the country in which the Customer is resident.
2. The legal language is German. Although the Supplier offers an English language version of the website content and Supplier’s Terms & Conditions, these translations are provided for the Customer’s convenience only.
15. German Battery Act (BattG)
1. With regards to the sale of batteries or to the supply of devices containing batteries, we are obligated to draw your attention to the following:
As a consumer, you are legally obligated to return used batteries to a suitable commercial or municipal collection point.
2. The crossed-out rubbish bin (§ 17 paragraph 1) means that the battery must not be disposed as normal household waste. The following chemical sign below the rubbish bin declare the harmful substance and have the following meaning:
- Pb = Battery contains over 0.004% w/w of lead
- Cd = Battery contains over 0.002% w/w of cadmium
- Hg = Battery contains over 0.0005% w/w of mercury