TERMS OF SERVICE
GENERAL TERMS AND CONDITIONS
1. Scope
1.1. These general terms and conditions ("** GTC ") apply to the use of the services provided by NZXT Europe GmbH (" NZXT ") under the domain www.nzxt.com for Germany provided consumer web shops (" Webshop **").
1.2. In the web shop, consumers can order products for everything to do with gaming computers online as registered or as guest customers ("** customers " or " you **").
1.3. Orders can only be accepted from customers who have reached the age of 18 or whose legal guardian has consented to the respective order. NZXT reserves the right to request proof of age and / or the consent of a parent or legal guardian before a contract is concluded with a customer (see section 3 below).
2. Contractual partner and contact
The customer's contractual partner for all orders in the web shop (with the exception of the items marked with a corresponding note) is:
NZXT Europe GmbH
Ammenthalstrasse 32
85551 Kirchheim near Munich
https://nzxt.com/en-DE/support
+49 2152 993 9901
Commercial Register District Court Charlottenburg, HRB 161288 B
Sales tax identification number: DE 303257797
Managing director: Rob Brinkmann
3. Conclusion of sales contracts for orders in the web shop
3.1. The presentation of products in the web shop does not constitute a binding offer to conclude a purchase contract. Rather, it is only an invitation to the customer to submit a binding offer.
3.2. The addition of products to the shopping cart by the customer does not constitute a binding offer to conclude a purchase contract.
3.3. Only by clicking on the "Buy" button after going through the checkout process does the customer make a binding offer to conclude a purchase contract for the products in the shopping cart.
3.4. Before sending the order by clicking on the "Buy" button, the customer is given the opportunity to identify and correct input errors.
3.5. Once a Customer's order has been received by NZXT, the Customer will receive an email confirming receipt of the order by NZXT and listing its details (" Order Confirmation ").
3.6. The binding acceptance of the customer's offer by NZXT generally occurs when NZXT confirms the contract (“ Contract Confirmation ”). The contract is then concluded at the moment you receive the contract confirmation. Typically, NZXT will accept or decline your offer within two (2) business days. If there are any problems or questions regarding an offer, NZXT will promptly notify the customer concerned by email or telephone to resolve the matter. If NZXT does not reach the customer or does not receive feedback from the customer within three (3) business days, NZXT will not process the offer any further.
3.7. NZXT is entitled to make partial deliveries if these are reasonable for the customer. If partial deliveries are made, NZXT will cover the additional shipping costs.
3.8. The text of the contract is not saved by NZXT and cannot be called up after the order process has been completed. When ordering via the web shop, however, the customer receives his order data in his order confirmation.
3.9. The contract is concluded exclusively in German.
3.10. Unfortunately, NZXT cannot accept orders by telephone or e-mail.
4. Prices
The prices displayed in the webshop are in euros and include the statutory value added tax applicable at the time of the order.
5. Terms of delivery and delivery restrictions
5.1. NZXT only supplies customers in Germany(delivery area). Customers from other EU countries are free to order products in the web shop by providing a delivery address in Germany.
5.2. Delivery is made to the delivery address in the delivery area specified by the customer. Shipping is via parcel services.
5.3. From receipt of the contract confirmation, NZXT usually ships the products within Germany within a maximum of ten (10) working days, unless they are subject to Section 5.4. According to NZXT's parcel service provider, the delivery time is normally one (1) working day. According to NZXT's parcel service provider, the delivery time is normally two (2) working days.
5.4. Products that are marked with the note "CRFT" in the web shop or in the order confirmation are specially configured and manufactured for the ordering customer. Due to the individual production, there may be a slightly longer delivery time. Such products are usually dispatched within up to ten (10) business days from receipt of the contract confirmation. The delivery times correspond to those specified in Section 5.3.
5.5. For example, products that a customer pre-orders with knowledge of this prior to their launch will be shipped as soon as the product becomes available.
5.6. The following costs apply to the shipping of the products: I. Standard shipping for complete PC systems within Germany free of charge II. Standard shipping for individual PC components within Germany (up to 31 kg): EUR 6.99
6. Accepted means of payment
6.1. The products can be paid for in the webshop using one of the following accepted payment methods:
- Credit card
- Eps transfer
- Klarna Pay Later
- Shop Pay (in accelerated checkout)
- Apple Pay (in accelerated checkout)
- Google Pay (in accelerated checkout)
6.2 . Regardless of the chosen payment method, the customer will receive an invoice by email. NZXT bills and sends the invoice to the customer on the day the products are shipped. The order overview in the webshop does not represent an invoice.
7. Statutory consumer right of withdrawal
7.1. The right of withdrawal explained below is only available to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB). It applies to every contract that a customer has concluded via the webshop.
Right of withdrawal
You have the right to withdraw from this contract within fourteen calendar days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier delivered the goods (or the last goods in the case of a contract for several goods which you ordered as part of a single order and which are delivered separately, or have taken possession of the last installment or the last piece in the case of a contract for the delivery of goods in several installments or pieces).
For all refurbished PCs and computer components: If you receive the wrong product or change your mind, you have 14 days to report this to our customer service team. All refurbished products have a 30 day-day exchange policy in the event of product defects.
To exercise your right of withdrawal, you must contact us, NZXT Europe GmbH, Ammenthalstraße 32, 85551 Kirchheim near Munich, https://nzxt.com/en-DE/support, +49 2152 993 9901 by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will have you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the cheap standard delivery offered by us), to be repaid immediately and at the latest within fourteen calendar days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 calendar days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 calendar days has expired.
We will bear the costs of returning the goods if you send the goods back using the return label that we provide for this purpose. If you arrange the return without using our return label, you bear the direct costs of the return.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
7.2. For the purpose of revocation, the following sample revocation form can be filled out and sent back to us. The revocation can also be declared in other ways.
withdrawal form
To
SampleNZXT GmbH
Ammenthalstraße 32
85551 Kirchheim near Munich
or
https://nzxt.com/en-DE/support
I / we we () hereby withdraw from me / us () concluded contract for the purchase of the following goods () / the provision of the following service ().
Ordered on () / received on ()
Name of the consumer (s)
Address of the consumer (s)
Collection point of the goods (if different from the address of the consumer (s))
Signature of the consumer (s) ) (only for notification on paper)
Date
(*) Please delete
inapplicable ## 8. Additional information on the possible processing of a revocation
8.1. After NZXT has received your cancellation, NZXT will send you a return number ("** RMA number **") and a return label. Please note that NZXT can only cover the costs of the return if you use the return label provided for the purpose of returning the goods you have ordered.
8.2. We would also like to ask you to observe the following packaging and shipping recommendations to protect the goods so that the goods can be returned as quickly and smoothly as possible.
** Of course, your statutory right of withdrawal remains unaffected by the following packaging and shipping recommendations. **
(a) When you have received the RMA number and the return label, please pack the goods including any data carriers, documentation and other items contained in the original delivery Item and enclosed with the return slip in the original packaging. If the original packaging is no longer available, you can request a shipping box by email from our support team (https://nzxt.com/en-DE/support) or use any other stable cardboard packaging. NZXT charges up to EUR 20 plus shipping costs for the provision of a shipping box.
(b) We recommend the use of cardboard packaging that is designed for transport goods with a weight of approx. 18 to 23 kg and with at least 8 cm in all directions from the product to be returned. We recommend filling this gap with cushioning material that will protect the product from being damaged by a fall or impact. We do not recommend the use of packaging chips, newspaper or other crumpled paper, pieces of cardboard or woolen blankets for upholstery, as such material usually does not adequately protect the product from falling or impact and the product can slip during shipping and hit the inside wall of the cardboard box this can damage it.
(c) If your return includes electronic components (e.g. memory cards, peripheral devices and other highly sensitive products), we recommend that you pack them in an air mail envelope to provide adequate protection against damage (e.g. from electrostatic discharge). We recommend packing hard disks, floppy disk drives, CD-ROMs and similar devices in a separate cardboard box, as there is usually insufficient transport protection if such devices are sent in the same cardboard packaging as large cargo or if shipping bags are used.
(d) We recommend closing the cardboard packaging after it has been properly filled with tear-proof packing tape with a load-bearing capacity of approx. 28 kg and affixing the return label to it in a clearly visible manner after the cardboard packaging has been closed.
(e) Please do not send the ordered goods back to us without prior consultation. If you have any questions or if you have any doubts, please contact the NZXT customer service at:
+49 2152 993 9901
https://nzxt.com/en-DE/support
9. Guarantee
9.1. In the product description, NZXT refers to the warranty provisions applicable to the respective product. If the purchased goods show defects, NZXT undertakes to comply with the applicable warranty provisions, should such be offered.
9.2. The statutory revocation and warranty rights of the customer remain unaffected by this section 9.
10. Information on the disposal of old devices
10.1. Electrical and electronic equipment ("old equipment") may not be disposed of with normal household waste, but must be disposed of separately for the environmentally friendly disposal of pollutants, the recovery of valuable materials and the possibility of reuse. The symbol of the "crossed out garbage can on wheels" on electrical and electronic equipment explicitly indicates that these must be disposed of separately.
10.2. You are accordingly obliged to collect old devices separately and to hand them in at an approved collection or return point, for example at the local recycling center. Any batteries or rechargeable batteries that may be in the old device must be removed and disposed of separately in a professional manner.
10.3. Before handing in an old device, please always make sure to delete your personal data from the old device.
10.4. The WEEE registration number of NZXT is DE 56669739.
11. Liability
11.1. NZXT has unlimited liability for damage to life, limb or health that is based on a breach of duty by NZXT, a legal representative or vicarious agent of NZXT, as well as for damage caused by the lack of a quality guaranteed by NZXT, or for malicious behavior by NZXT.
11.2. NZXT has unlimited liability for damage caused intentionally or through gross negligence by NZXT or its legal representatives or vicarious agents.
11.3. In the event of a breach of essential contractual obligations caused by slight negligence, NZXT shall be liable, except in the cases of clauses 11.1, 11.2, or 11.4, limited to the amount of the foreseeable damage typical for the contract. In the abstract, essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of a contract in the first place and which the contracting parties can regularly rely on to be observed.
11.4. Liability under the Product Liability Act remains unaffected.
11.5. Otherwise, any liability on the part of NZXT is excluded.
11.6. The limitation period for the assertion of claims for damages against NZXT is one (1) year except in the cases of clauses 11.1, 11.2, or 11.4.
12. ODR platform
The European Commission provides a platform for online dispute resolution (ODR platform). The ODR platform is intended to help consumers and entrepreneurs to come to an out-of-court settlement in the event of problems. The ODR platform can be reached under the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE
NZXT is not willing to participate in a dispute settlement procedure via the ODR platform.
13. Final provisions
13.1. Should individual provisions of these terms and conditions be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
13.2. The law of the Federal Republic of Germany to the exclusion of its conflict of law rules and the UN sales law apply to these terms and conditions. The law of their respective place of residence may also apply to consumers within the European Union, provided that it is mandatory consumer law.
Status: January 2022