Terms of service

Terms and Conditions (T&Cs)

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Limitation of Liability

  9. Applicable Law

  10. Alternative Dispute Resolution

1) Scope of Application
1.1 These Terms and Conditions (hereinafter referred to as "T&Cs") of NextGenEcommerce Limited (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller via the Seller's online shop. Diverging terms of the Customer will not be accepted unless expressly agreed by the Seller.

1.2 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.

1.3 An entrepreneur is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer submits a binding purchase offer by placing the selected goods in the virtual shopping cart, completing the electronic order process, and clicking the final order button.

2.3 The Seller may accept the Customer’s offer within five days:

  • By sending a written or electronic order confirmation (e.g., by email or fax),

  • By delivering the goods, or

  • By requesting payment from the Customer.

The contract is concluded at the moment one of these actions is completed. The acceptance period begins the day after the offer is submitted and ends after five days. If the Seller does not accept the offer within this period, it shall be deemed rejected.

2.4 If the Customer selects a PayPal payment method, the contract is concluded upon clicking the final order button during checkout.

2.5 The contract text is stored by the Seller and sent to the Customer by email, fax, or post after the conclusion of the contract. No further storage will be provided.

2.6 Before submitting the order, the Customer can identify and correct input errors using standard browser functions.

2.7 The contract language is German.

2.8 Order processing and communication are generally conducted via email. The Customer must ensure that the email address provided is correct and that emails can be received (i.e., not blocked by spam filters).

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated, the prices listed are total prices. In accordance with Section 19 of the German VAT Act (UStG), VAT is not shown (small business regulation). Shipping costs are shown separately, if applicable.

4.2 Available payment methods are shown in the online shop.

4.3 When selecting "SOFORT," the payment is processed via SOFORT GmbH (Munich). The Customer requires online banking access credentials and must confirm the payment.

4.4 For payments via Shopify Payments, processing is handled by Stripe Payments Europe Ltd. (Dublin, Ireland). Additional terms may apply.

4.5 For payments via Klarna, processing is handled by Klarna Bank AB (Stockholm, Sweden). The applicable conditions are shown during the checkout process.

5) Delivery and Shipping Conditions
5.1 Where shipping is offered, delivery is made to the delivery address specified by the Customer within the stated delivery area. The address provided during checkout is decisive.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred – unless exercising the right of withdrawal. In that case, the provisions of the withdrawal policy apply.

5.3 For entrepreneurs, the risk of accidental loss or deterioration passes to the Customer as soon as the goods are handed over to the transport company. For consumers, the risk passes upon handover of the goods unless the Customer has independently commissioned a carrier not named by the Seller.

5.4 The Seller reserves the right to withdraw from the contract if the Seller is not supplied correctly or on time by its own supplier, despite having made a proper supply arrangement. The Customer will be informed immediately and any payments already made will be refunded.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
The goods remain the property of the Seller until full payment has been received.

7) Liability for Defects (Warranty)
Unless otherwise specified below, statutory provisions apply.

7.1 For entrepreneurs:

  • The Seller may choose the type of subsequent performance;

  • For new goods, warranty claims expire one year after delivery;

  • For used goods, the warranty is excluded;

  • The limitation does not restart with replacement delivery.

7.2 For consumers:

  • For used goods, the limitation period is one year from delivery, provided this was expressly agreed before contract conclusion.

7.3 Excluded from these rules:

  • Claims for damages and reimbursement of expenses;

  • Cases of fraudulent concealment of defects;

  • Goods used in buildings that have caused structural defects;

  • Obligations to provide digital product updates.

7.4 Entrepreneurial rights of recourse under Sections 478, 445a of the German Civil Code (BGB) remain unaffected.

7.5 Merchants must comply with the inspection and complaint obligations of Section 377 of the German Commercial Code (HGB). If not, the goods are deemed accepted.

7.6 Consumers are asked to report visible transport damage immediately to the carrier and notify the Seller. Failure to do so does not affect statutory or contractual claims for defects.

8) Limitation of Liability
The Seller’s liability is governed as follows:

8.1 The Seller is fully liable for:

  • Intentional or grossly negligent breaches of duty;

  • Damage to life, body, or health;

  • Assumed guarantees;

  • Statutory mandatory liability (e.g., under the Product Liability Act).

8.2 For slightly negligent breaches of essential contractual obligations, liability is limited to foreseeable, typical damages unless already covered under point 8.1.

8.3 Any further liability is excluded.

8.4 These limitations of liability also apply to legal representatives or agents of the Seller.

9) Applicable Law
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only insofar as it does not contradict mandatory consumer protection laws of the country in which the consumer resides.

10) Alternative Dispute Resolution
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.