General terms and conditions

1) Scope of Application

1.1 These Terms and Conditions of subtel GmbH (hereinafter “the Seller”) apply to all contracts concluded between a consumer or a business (hereinafter “the Customer”) and the Seller concerning goods in the Seller’s online store. Any conditions from the Customer’s side are hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a contract for purposes that are predominantly outside their own commercial or professional activity. A business within the meaning of these General Terms and Conditions is a natural or legal person or a partnership that, when concluding a contract, acts for purposes that fall within the scope of its own commercial or professional activity.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the order form provided in the Seller’s online store. By clicking the final buttons in the ordering process—after placing the selected goods and/or services in the virtual shopping cart and completing the virtual ordering process—the Customer submits a legally binding offer regarding the goods in the shopping cart. Furthermore, the Customer may also submit an offer to the Seller by telephone, fax, email, or post.

2.3 The Seller may 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), at which point the Customer gains access to the order confirmation, or
• delivering the ordered goods to the Customer, at which point the Customer gains access to the goods, or
• requesting payment from the Customer after the order has been placed.

If more than one of the above options is applicable, the contract is concluded at the moment one of the above options occurs. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 The period for accepting the offer begins on the day after the Customer submits the offer and ends at the close of the fifth day following the submission of the offer.

2.5 When an offer is submitted via the Seller’s online order form, the Seller stores the contract text and sends it to the Customer in text form (e.g. email, fax, or letter) along with these General Terms and Conditions after they have submitted their order. In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account, provided the Customer has created such an account in the Seller’s online store before submitting their order.

2.6 Before submitting a binding offer via the Seller’s online order form, the Customer can correct their input at any time using the usual keyboard and mouse functions. Additionally, all input is displayed again in a confirmation window, allowing for further corrections using the usual keyboard and mouse functions before the binding order is submitted.

2.7 The contract language is Swedish.

 

3) Right of Withdrawal

3.1 As a rule, consumers have a statutory right of withdrawal.

3.2 Further details on the right of withdrawal can be found in the Seller’s information on the right of withdrawal.

 

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery or shipping costs will be stated separately in the respective product description.

4.2 The Customer can choose from various payment methods indicated in the Seller’s online store.

4.3 If prepayment has been agreed, payment must be made immediately after the contract is concluded.

4.4 When paying using a payment method provided by PayPal, the payment is processed via the PayPal (Europe) S.a.r.l. et Cie, S.C.A. payment service, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to PayPal’s 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—subject to the terms for payments without a PayPal account, available at

 

https://www.paypal.com/se/webapps/mpp/ua/privacy-full

 

5) Delivery and Shipping Conditions

5.1 Goods are delivered to the delivery address specified by the Customer, unless otherwise agreed. In the case of an order placed via the Seller’s online order form, the delivery address specified in the online order form shall be decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer exercises their right of withdrawal, if they are not responsible for the circumstances that made delivery impossible, or if they were temporarily prevented from accepting the offered service and the Seller did not inform them of the service in a reasonable time in advance.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the lack of availability and has concluded a specific covering transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. If the goods are not available or only partially available, the Customer will be informed immediately and the purchase price will be refunded without delay.

5.4 It is not possible to pick up the goods in person.

 

6) Liability for Defects in Goods

6.1 Unless otherwise stated below, the statutory provisions of the applicable law on liability for defects in goods shall apply, with the following exceptions for contracts for the supply of goods.

6.2 If the Customer is acting as a business

 

– the Seller shall have the right to choose between remedying the defect or making a new delivery
– the period for asserting claims for defects in new goods is one year from the date of delivery
– no rights or claims for defects can be asserted for used goods
– if a defect is remedied by means of a replacement delivery, a new limitation period does not commence.

6.3 The above limitations of liability and abbreviations of deadlines do not apply to

 

– the Customer’s claims for damages or reimbursement of expenses due to defects
– instances where the Seller fraudulently conceals a defect
– goods that, in accordance with their customary use, have been used for a building and have caused a defect in that building
– the Seller’s obligation, if any, under a contract for the supply of goods with digital elements, to provide updates for the digital product.

 

For businesses, the statutory limitation period for any statutory right of recourse remains unaffected.

6.4 If the Customer is acting as a consumer and receives goods with obvious transport damage, they are requested to complain to the carrier and to inform the Seller. Failure to do so does not affect the statutory or contractual claims for defects the Customer may have.

 

7) Liability

7.1 The Seller shall be liable to the Customer for damages or expenses arising under contractual or quasi-contractual obligations or legal provisions, including any criminal liability, only as set forth below.

7.2 Regardless of the legal basis, the Seller shall be liable without limitation

 

– in cases of intent or gross negligence
– for injury to life or health caused by intent or negligence
– under a guarantee, unless otherwise regulated
– based on mandatory liability, for example under product liability law.

7.3 If the Seller negligently breaches a fundamental contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless liability is unlimited under the previous provision. A contractual obligation is fundamental if its fulfillment is necessary for achieving the purpose of the contract or if its fulfillment is itself a prerequisite for the proper performance of the contract and the Customer may regularly rely on its fulfillment.

 

Otherwise, the Seller shall not be liable.

7.4 The above liability provisions also apply to the Seller’s vicarious agents and legal representatives.

 

8) Applicable Law, Jurisdiction

8.1 If the Customer is a consumer as defined in Section 1.2, all parties shall be subject to the law of the country in which the Customer has their habitual residence, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising out of or in connection with this contract shall fall under the exclusive jurisdiction of the courts in the district where the Customer has their domicile.

8.2 If the Customer acts as a business as defined in Section 1.2, all parties shall be subject to the law of the country in which the Seller is established, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising out of or in connection with this contract shall fall under the exclusive jurisdiction of the courts in the district where the Seller has its registered office.

 

9) Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.

 

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

9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before this dispute resolution body.