General Terms and Conditions

Status January 2023

Validity

1.1 The following General Terms and Conditions ("GTC") apply to all purchase contracts between ne&no - www.neandno.at (sera GmbH) and a consumer or entrepreneur (hereinafter referred to as "contractual partner") in the version valid at the time of the order.

1.2 You can also access or save the GTC at any time at www.neandno.at/agb. The GTC must be accepted separately during the ordering process before the legal transaction is concluded.

1.3 Any general terms and conditions of the contractual partner are expressly rejected and shall only apply if they have been expressly confirmed by us in writing.

Conclusion of a contract, storage of the contract text

2.1 The following provisions on the conclusion of contracts apply to orders placed via our webshop on the website www.neandno.at.

2.2 If the contract is concluded, the contract is concluded with sera GmbH.

2.3 The presentation of the goods in our online store does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the contractual partner to order goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a purchase contract.

2.4 The contractual partner submits a binding contract offer by successfully completing the order procedure provided in our online store.

The order is placed in the following technical steps:
1. click on the product you want on the start page.
2. select your desired product.
3. select the product by clicking on "Add to shopping cart".
4. increase or change the quantity if necessary.
5. check shopping cart.
6. press the "Proceed to checkout" button
7. enter addresses and payment information.
8. check again or correct the respective data entered.
9. binding submission of the order by clicking on the button "Order with obligation to pay"

2.5 Before submitting the binding order, the contractual partner can return to the website on which the contractual partner's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "back button" contained in the Internet browser used by him after checking his details.

2.6 We will confirm receipt of the order immediately by means of a
automatically generated e-mail ("confirmation of receipt").

2.7 After receipt of your order, we will send you the order details by e-mail. On request, you will also receive the GTC by e-mail or you can call them up at www.neandno.at/agb.

2.8 The contract is concluded with the transmission of an order confirmation, but at the latest with the dispatch of the ordered goods or provision of services.

Prices, shipping costs, payment

3.1 The prices quoted are in EURO and include statutory VAT and other price components. Any shipping costs and customs or other import duties shall be added. The shipping costs shall be borne by the contractual partner.

3.2 The contractual partner has the option of paying by credit card (via PayPal or Stripe), instant bank transfer, PayPal, purchase on account (Klarna), installment purchase (Klarna).

3.3 The amount shown on the invoice is due immediately. Discounts require a separate agreement. The contractual partner is obliged to pay the invoice amount stated in the invoice within 10 days of receipt of the invoice at the latest, unless the invoice states a different payment term. Payments by the contractual partner shall only be deemed to have been made when they are received in our business account. This shall not apply if the contractual partner is a consumer.

Delivery

4.1 The ordered goods are regularly delivered by mail order.

4.2 Delivery shall be made on the agreed delivery date or within the agreed performance period; otherwise within 30 days to the consumer. The period for delivery begins on the day after conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period shall end on the next working day.

4.3 Delivery may be delayed for goods that are to be manufactured separately. The contractual partner shall be informed of the planned delivery.

4.4 The risk of accidental loss and accidental deterioration of the goods shall pass to the contractual partner in the case of sale by dispatch as soon as we notify the contractual partner that the goods are ready for dispatch and delivery. If the contractual partner is a consumer, the transfer of risk shall only take place when the goods are handed over to him or to a third party designated by him who is not the carrier.

4.5 If a parcel is obviously damaged during delivery, the contractual partner must insist that this circumstance is recorded in writing by the deliverer. The contractual partner must notify us in writing (by post or e-mail) of any damage to a product within 14 days.

Retention of title

We reserve title to the goods until the purchase price has been paid in full.

Right of withdrawal of the consumer

If the contractual partner is a consumer, he is entitled to a right of withdrawal.

6.1 Cancellation policy

You can find the applicable provisions on our website (see revocation policy).

Warranty

7.1 The mandatory statutory warranty provisions apply to consumers, in particular the warranty period for movable goods is two years and for used goods one year. For entrepreneurs, the warranty period is six months.

7.2 Minor or other changes to our performance or delivery obligation that are reasonable for the contractual partner shall be deemed approved in advance; this applies in particular to deviations caused by the item (e.g. in dimensions, colors, etc.).

7.3 The photographs contained in a product description are only examples. Due to the uniqueness of the products or due to the materials used, there may be a color deviation or a slight difference in size between the actual product and its image on the Internet, but this does not entitle the contractual partner to make a complaint.

7.4 A defect shall not be deemed to exist if faults occur in the goods due to improper use or use contrary to the intended purpose. The manufacturer's instructions in particular must be observed for proper and intended use.

7.5 The presumption of defectiveness pursuant to § 924 ABGB (statutory reversal of the burden of proof) and the right of recourse pursuant to § 933b ABGB are excluded vis-à-vis entrepreneurs.

Compensation for damages

8.1 If we are liable for damage, we shall only be liable for intent and (blatant) gross negligence. If the contractual partner is a consumer, we shall also be liable for simple gross negligence.

8.2 Any further liability is excluded. In particular, we shall not be liable for indirect/indirect damages and loss of profit.

8.3 Our liability is limited to the amount of the actual contractual remuneration. Any further liability is excluded, unless consumer protection regulations provide otherwise.

8.4 We assume no liability for the timeliness, accuracy, completeness and content of the information provided.

8.5 We accept no liability for late delivery resulting from circumstances beyond our control (e.g. later production by the designer in the case of individual items, force majeure).

8.6 We are not liable for allergies or intolerances of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance of the contractual partner does not entitle the contractual partner to make a complaint.

8.7 If the contractual partner is an entrepreneur, it may no longer assert claims for damages after the expiry of six months from the time it becomes aware or has the opportunity to become aware of the damage.

Offsetting, retention

9.1 The right to offset against our claims is excluded. However, if the contractual partner is a consumer, he shall have the right to set off his liabilities in the event of our insolvency or for counterclaims which are legally connected with the consumer's liability and which have been established by a court or recognized by us.

9.2 The contractual partner shall not be entitled to a right of retention. This shall not apply if the contractual partner is a consumer.

Shortening by more than half

The right to rescind the contract due to a reduction of more than half in accordance with § 934 ABGB (laesio enormis) is excluded. This does not apply to consumers.

Applicable law, place of jurisdiction, place of performance, written form

11.1 Austrian law shall apply exclusively, excluding the conflict of law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall apply with the exception of the mandatory provisions of the law of the consumer's habitual residence.

11.2 The place of jurisdiction for disputes arising from or in connection with the contract or these GTC between the contractual partner and us is exclusively the competent court at the registered office of sera GmbH. Excluded from this are the legally mandatory places of jurisdiction for consumers.

11.3 The place of performance shall be the registered office of sera GmbH.

11.4 Amendments and supplements to this contract must be made in writing; this also applies to ancillary agreements and subsequent amendments to the contract, as well as the waiver of the written form requirement.

Contract language

The contract language is exclusively German.

Data protection

The applicable data protection regulations, in particular the GDPR, are complied with. You can find our privacy policy and further information on our website at: https://www.neandno.at/datenschutzerklaerung/.

Severability clause

Should a provision in these GTC be or become invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible in economic and legal terms to the provision to be replaced.