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General terms and conditions

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of subtel GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 An entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after placing the order.

If multiple of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the Customer does not have a PayPal account—under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract conclusion and sent to the Customer in text form (e.g., email, fax, or letter) after sending his order. A further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data is archived on the Seller's website and can be accessed by the Customer via his password-protected user account by entering the corresponding login data free of charge.

2.6 Before the binding submission of the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with which the display on the screen is enlarged. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 For the conclusion of the contract, the German language is available.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that the use of spam filters does not prevent all emails sent by the Seller or third parties commissioned by the Seller with the order processing from being delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The available payment options are communicated to the Customer in the Seller's online shop.

4.3 If prepayment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When selecting a payment method offered via the "Adyen" payment service, the payment processing is carried out via the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter "Adyen"). The individual payment methods offered via Adyen are communicated to the Customer in the Seller's online shop. To process payments, Adyen may use the services of third-party payment service providers for which special payment conditions may apply, to which the Customer may be separately referred. Further information about "Adyen" is available on the Internet at https://www.adyen.help/hc/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored by the Customer at PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply regarding the costs for the initial shipment if the Customer effectively exercises his right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provisions made in the Seller's cancellation policy apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person authorized to receive them upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the fault of the Seller and he has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance payment, he retains title to the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, the rights and claims due to defects are excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of periods do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.

7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to comply, this has no effect on his legal or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable for any legal reason

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise regulated in this respect,
  • due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is provided for in the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller within the framework of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The credit balance of a Promotional Voucher is neither paid out in cash nor interest-bearing.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of his statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller can provide performance with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity, or lack of representative authority of the respective holder.

10) Applicable Law

All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has his seat outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller is entitled in any case to call the court at the Customer's place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution (ODR) on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.