§ 1 Scope of Application
(1) All goods and services of Nero AG are subject to the following General
Terms and conditions different from those specified
Herein are only effective if expressly approved by Nero AG.
(2) These General
Terms of Trade also apply to future business relations, even if they are not expressly agreed upon in advance.
(2) These General Terms of Trade also apply to future business relations, even if they are not expressly agreed upon in advance.
(3) Orally made collateral agreements must
(3) Orally made collateral agreements must be documented on durable data loggers, e.g. e-mail,
Modifications of the rules, including confirmation clauses, as well as agreements on delivery times, firm or
Modifications of the rules, including confirmation clauses, as well as agreements on delivery times, firm or without engagement, require documented confirmation by Nero AG.
(4) "End
User" as per these General Terms of Trade is a natural person who places orders
with Nero AG for purposes which are not associated with the person's commercial or free-lance activities.
"Tradesman" as per these General Terms of Trade is a natural or legal person or a personal company with legal status.
natural or legal person or a personal company with legal status who buys goods
"Tradesman" as per these General Terms of Trade is a natural or legal person or a personal company with legal status who buys goods from Nero AG in pursuit of its commercial or free-lance activities.
(1) Offers on these websites are without engagement, unless otherwise specifically agreed as binding.
Orders are only considered to be firm if acknowledged by Nero AG and carried out by shipment of the goods.
Orders are only considered to be firm if acknowledged by Nero AG and carried out by shipment of the goods.
collateral arrangements are not effective without a written confirmation.
(2)
The contract is created by the customer e-mailing an order or filling in and
confirming the form on the web and by Nero AG acknowledging and proceeding with
the order.
(3) In order to avoid delays and wrong deliveries, all orders must
specify the product name, the operating system and the data carrier to be
If not expressly requested, this information is not required provided
If not expressly requested, this information is not required provided the purchaser completely fills in the web form.
If ordered goods are not
If ordered goods are not available, Nero AG is entitled to withdraw from the contract.
notify the customer immediately of such unavailability and reimburse to the
Nero AG will notify the customer immediately of such unavailability and reimburse to the customer any costs charged.
(1) Any times quoted for dispatch or deliveries are estimates only and shall only be bound upon Nero AG if confirmed in writing.
(1) Any times quoted for dispatch or deliveries are estimates only and shall only be binding upon Nero AG if confirmed in writing.
If a subsupplier cannot deliver for reasons beyond Nero AG´s responsibility or if the
If a subsupplier cannot deliver for reasons beyond Nero AG´s responsibility or if the
If a subsupplier cannot deliver for reasons beyond Nero AG´s responsibility or if the delivery is delayed or impeded by force majeure or other events for which Nero AG cannot be held responsible, Nero AG
Nero AG is entitled to withdraw from the contract.
In such case the customer has no right to claim damages.
include: fire, flood, labour disputes, operating problems, strike, alterations
Such events include: fire, flood, labour disputes, operating problems, strikes, alterations of licenses and laws by authorities, which are not part of the normal operating risks.
The customer will be notified immediately of such a default in
delivery
(2) Partial deliveries can be made, unless the customer declines them or it is unreasonable for him to accept them.
If partial deliveries are made, Nero AG will charge packing and shipping costs only once.
made, Nero AG will charge packing and shipping costs only once.
(1) The goods are shipped ex stock of Nero AG in Karlsruhe,
Germany.
(2) The risk of loss or damages will in all cases pass to the
(2) The risk of loss or damages will in all cases pass to the customer as soon as the shipping goods leave the warehouse or the office of Nero
The same applies to deliveries free destination.
(3) If a customer does
not accept the sold goods, Nero AG is entitled to demand acceptance or, at its
If a customer does not accept the sold goods, Nero AG is entitled to demand acceptance or, at its option, claim 10% of the purchase price as a flat rate of indemnification,
If a customer does not accept the sold goods, Nero AG is entitled demand acceptance or, at its option, claim 10% of the purchase price as a flat rate of indemnification, unless the customer proves that damage does not exist or has a lower value.
the event of an extraordinarily high damage, Nero AG reserves the right to
If the customer does not accept, or delays, delivery of the goods Nero AG will store the goods at a flat rate of indemnification, unless the customer proves that the damage does not exist or has a lower value.
If the customer does not accept, or delays, delivery of the goods Nero AG will store the goods on customer`s behalf and at customer`s
If the customer does not accept, or delays, delivery of the goods Nero AG will store the goods on customer`s behalf and at customer`s risk at its own premises, or at a forwarding agent or a public warehouse.
the time of storage caused by failure or delay of acceptance, the customer shall
pay to Nero AG a voucherless flat rate of Euro 20,-- per week for storage
This flat rate may be reduced if customer proves that no cost or damage
In case of extraordinarily high storage costs Nero AG reserves the right to assert its own claims.
Nero AG reserves the right to assert its own claims.
(1) List prices quoted on the web sides are valid at the time of ordering.
Discounts will not be granted.
(2) The prices for End Users are to be
The prices for End Users are to be understood for deliveries ex company site of Nero AG, excluding costs of
All prices are in Euros and subject to change without notice.
The prices for domestic sales include the VAT.
For packaging and
For packaging and freight additional costs will be charged to End Users.
(3) Nero AG is not
(3) Nero AG is not obligated to accept payment by cheques or drafts.
Charges for withdrawal and discounting as well taxes on drafts shall be for customer's account.
If accepted, this payment shall constitute settlement of the account.
does not warrant the punctual presentation, notification of protest and return of a draft in case of dishonest
Nero AG does not warrant the punctual presentation, notification of protest and return of a draft in case of dishonour.
(4) Nero AG delivers against advance
supplies to large companies and public authorities will be invoiced according to prior agreement.
public authorities will be invoiced according to prior agreement.
Shipments abroad are payable against credit cards.
Shipments abroad are payable against credit cards.
(5) On all
On all invoices not paid when due, Nero AG shall charge interest at the rate of 5% over
The right to assert further claims arising from delays is reserved.
The right to assert further claims arising from delays is reserved.
In the event of a payment in arrears, all customer related accounts receivable of Nero AG will be due for
The same applies in the event of a deterioration of
The same applies in the event of a deterioration of customer assets and of payment that the customer suspends.
default payments will accrue without notice.
(6) If Nero AG claims for damage
if Nero AG claims for damage caused by breach of a purchase contract, an indemnification equaling a flat rate of
If Nero AG claims for damage caused by breach of a purchase contract, an indemnification equaling a flat rate of 15% of the agreed price will be chargeable provided unless there is evidence of a considerably smaller damage.
The right to assert a claim for actual damage in a larger amount is reserved.
The right to assert a claim for actual damage in a larger amount is reserved.
(1) All deliveries and service are subject to a reservation of all
Nero AG continues to own all goods delivered until full
payment of the purchase price is received or all cheques and drafts are honoured
and all other demands are settled in accordance with the agreement concluded
The customer is entitled to a full and complete agreement with Nero AG.
(2) The customer is entitled to resell the
(2) The customer is entitled to resell the goods subject to the condition of complying with the rules for transactions in
The Customer is not allowed to dispose of the goods by protective conveyance or by pawning.
Nero AG is to be notified immediately of
Nero AG is to be notified immediately of any dispositions by third parties, including in particular any intended pawnings
Nero AG is to be notified immediately of any dispositions by third parties, including in particular any intended pawnings and cessions, and all documents required for intervention must be submitted
Nero AG is to be notified immediately of any dispositions by third parties, including in particular any intended pawnings and cessions, and all documents required for intervention must be submitted without delay.
(3) Exercising proprietary rights and claiming restitution are
(3) Exercising proprietary rights and claiming restitution are not considered to constitute a withdrawal from the contract.
(4) The customer
The customer may, subject to revocation by Nero AG, collect these accounts receivable resulting from reselling the goods.
The customer may, subject to revocation by Nero AG, collect these
On demand of Nero AG, the customer must disclose the assigned accounts receivables and their debtors.
Nero AG may give notice of the cession to the debtors of the customer.
On demand of Nero AG, the customer must disclose the assigned accounts receivables and their debtors.
(5) The goods under Nero AG's proprietorship
The proprietary rights on
The proprietary rights on these goods will correspond to the market price prevailing at the time of
Upon integration of the goods subject to reservation with other
Upon integration of the goods subject to reservation with other materials, Nero AG will become co-owner of the new product on basis of the value
Upon integration of the goods subject to reservation with other materials, Nero AG will become co-owner of the new product on basis of the value of the goods in proportion to the value of the other materials at the time of
The delivery will be superseded by the customer taking the new product into possession free of charge on behalf of the customer.
The delivery will be superseded by the customer taking the new product into possession free of charge on behalf of Nero AG.
(6) In the event of a delay or an expected default of payment by the customer, Nero AG is
(6) In the event of a delay or an expected default of payment by the customer, Nero AG is
entitled to collect all respective goods which are still at customer´s disposal.
The customer must permit access to his premises by authorized employees or
The customer must permit access to his premises by authorized employees or agents of Nero AG during office hours and without prior announcement.
(7) The
reservation of proprietary rights will be released if the secured funds exceed
the outstanding debts by more than 20%.
(8) If third parties assert rights to
the goods subject to reservation, e.g. in the case of pawning, the customer must
state that Nero AG is the owner and must notify Nero AG without delay.
which may result from Nero AG´s intervention are to the debit of the
Costs which may result from Nero AG´s intervention are to the debit of the customer.
(9) Nero AG has the option to allocate payments to older overdue receivables.
Payments received may be set off against cost of legal actions - in particular hortatory proceedings in the first place, secondly against interest
Payments received may be set off against cost of legal actions - in particular hortatory proceedings in the first place, secondly against interest
(9) Nero AG has the option to allocate payments to older overdue receivables.
(1) According to "German Bürgerlichem Gesetzbuch" Nero AG grants the End User
The right of restitution in a transaction of distance selling.
The designated time of two weeks commences when the conclusion of the sale of the goods is completed.
The designated time of two weeks commences when the conclusion of the business has been declared, but not before the receipt of the goods.
The designated time of two weeks commences when the conclusion of the business has been declared, but not before the receipt of the goods.
(2) The right of restitution does not
(2) The right of restitution does not apply for delivery of software, if the data carrier delivered has been unsealed by the End User.
Tearing the cellophane wrapping of the goods is considered to constitute unsealing.
Moreover the right of restitution does not apply in the event of the sale of serial numbers required.
Moreover the right of restitution does not apply in the event of the sale of serial numbers required for the release of the trial
Moreover the right of restitution does not apply in the event of the sale of serial numbers required for the release of the trial versions of the software or for the release of an OEM software in a retail
Moreover the right of restitution does not apply in the event of the sale of serial numbers required for the release of the trial versions of the software or for the release of an OEM software in a retail version and for the sale of updates and plug-ins.
(3) The goods must be in a
pristine state (complete and without damage, accompanied by the operating manual
etc.). If the End User is responsible for damage, loss or other defects, he must
If the End User is responsible for damage, loss or other defects, he must compensate Nero AG for the reduced or full value of the goods.
(4) The claim
for restitution and the return shipment of the goods must be addressed to
:
Nero AG, Rüppurrer Strasse 1a, 76137, Karlsruhe, Germany.
(5) The Right The right of withdrawal according to "German Bürgerlichem Gesetzbuch" is therefore ineffective. The right of withdrawal according to "German Bürgerlichem Gesetzbuch" is therefore ineffective.
(1) The customer is not entitled to set off his own claims against payments
(1) The customer is not entitled to set off his own claims against payments due by him unless the claim is supported by legal findings.
(2) The customer
is not entitled to retain payments because of complaints about quality unless
These complaints are uncontested or supported by legal findings.
(1) The Software Product purchased by the customer includes a data carrier
(CD ROM, disk, e-mail, etc), the pertaining documentation, if available, and a
license for the use of the software product in accordance with the license
The Software Product purchased by the customer includes a data carrier (CD ROM, disk, e-mail, etc), the pertaining documentation, if available, and a license for the use of the software product in accordance with the license conditions.
(2) Starting with the first use of the software package, the
(2) Starting with the first use of the software package, the customer accepts these license terms and conditions.
The software product remains the intellectual property of the licensor,
All product documentation, brand names and logos appearing in the online shop or on internet pages are the
When using products delivered, the proprietary rights of third parties must be observed.
By opening the sealed disc packaging, the attached license conditions of the manufacturer are acknowledged.
A subsequent
return or replacement by another product is not allowed.
(3) The customer
Because new installation or a modified installation of the software can create risk of loss of data, the customer must protect himself from the loss of data.
Because new installation or a modified installation of the software can create risk of loss of data, the
Because new installation or a modified installation of the software can create risk of loss of data, the customer must take care that the data are secured by all means available.
With the purchase of the software program the customer acquires a single The transferability of this right as well as the making of a The transferability of this right as well as the making of a security copy is determined by the regulation of the EULA (End User License Agreement); a copy of which is regularly attached to the product. The transferability of this right as well as the making of a security copy is determined by the regulation of the EULA (End User License Agreement); a copy of which is regularly attached to the product. Making copies is generally not permitted unless it is expressly agreed upon in individual In addition, the customer must respect all intellectual property rights In addition, the customer must respect all intellectual property rights to the goods and in the event of resale must transmit the limitation of the The use on an internal network is only permitted on basis of a license which is expressly agreed upon in individual cases. The use on an internal network is only permitted on the basis of a license which is expressly extended to this effect.
(1) In the case of quality claims the warranty is, at the option of Nero AG,
Nero AG disclaims any express or implied warranties of fitness for a particular purpose and
Nero AG disclaims any express or implied warranties of fitness for a particular purpose and
Releasing a new version of software by Nero AG does not constitute a defect of the previously sold software.
Releasing a new version of software by Nero AG does not constitute a defect of the previously sold software.
(2) If repairs or
replacement deliveries fail within an appropriate period of time, the customer
(2) If repairs or replacement deliveries fail within an appropriate period of time, the customer has the choice to claim a reduction of the purchase price or to withdraw from the contract.
The specified time will not be less than four weeks.
Repairs or replacement deliveries are to be considered as unsuccessful if three attempts to
Repairs or replacement deliveries are to be considered as unsuccessful if three attempts to correct the quality claims have failed.
(3) Notice of apparent defects or
transparent damages must be given in writing to Nero AG within ten (10) working
days from receipt of the goods at the destination, in any case, however, before
(2) The goods are processed or assembled.
If no quality complaint is lodged
If no quality complaint is lodged within the specified period of time after receipt of the shipment, the goods are
If no quality complaint is lodged within the specified period of time after receipt of the shipment, the goods are considered to be accepted by the customer and all warranty claims are barred.
order to give timely notice, timely dispatch of the notice is sufficient; the
Tradesmen must check quality and
Tradesmen must check the quality and completeness of the goods immediately after their receipt and must notify Nero AG of discovered defects without delay.
The goods delivered are considered to be
The goods delivered are considered to be accepted if a tradesman fails to inspect the goods received and notify Nero AG
The goods delivered are considered to be accepted if a tradesman fails to inspect the goods received and notify Nero AG about any defects within the specified time, unless the defect was concealed at
Notice of a defect found at a later date must also be given to Nero AG without delay.
Otherwise these defective goods will be considered as
The notification of quality complaints must be effected in writing and
Moreover, §§ 377 f. HGB (German
Moreover, § 377 f. HGB (German Commercial Code) applies correspondingly.
(4) If the quality complaint is not
justified and the article is faultless, Nero AG is entitled to charge the
If the quality complaint is not justified and the article is faultless, Nero AG is entitled to charge the customer for shipping and control costs of Euro 15,-- per article.
will have the right to prove that respective expense are lower, whilst Nero AG
may furnish evidence that they are higher.
(5) The warranty does not cover
(5) The warranty does not cover defects if the goods are improperly treated, used, modified or worn out by
The warranty is inapplicable if the customer or a third party installs
The warranty is inapplicable if the customer or a third party installs the contractual goods improperly or if maintains them on their own, repair,
The warranty is inapplicable if the customer or a third party installs the contractual goods improperly or if maintains them on their own, repair, modify or expose them to a working environment which is not compatible the
The warranty is inapplicable if the customer or a third party installs the contractual goods improperly or if maintains them on their own, repair, modify or expose them to a working environment which is not compatible the stated requirements for installation.
(6) Claims of a customer for
indemnification on the grounds of non fulfillment, faulty contract conclusion,
(6) Claims of a customer for indemnification on the grounds of non fulfillment, faulty contract conclusion, breach of agreed collateral obligations, consequential damages from defects,
damages resulting from unauthorized actions and other legal grounds are
excluded, provided that Nero AG is liable for failing to provide guaranteed properties, for wilful action or for the failure to provide guaranteed properties.
This exclusion does not apply to claims according to the German product law.
This exclusion does not apply to claims according to the German product liability law (German Produkthaftungsgesetz)
This exclusion does not apply to claims according to the German product liability law (German Produkthaftungsgesetz).
(7) The warranty period is 12 months from delivery.
For the purchase of consumer goods by End Users, the warranty period is extended
For the purchase of consumer goods by End Users, the warranty period is extended to 24 months.
All personal data obtained will be treated confidentially. The data required for business transactions will be stored and will only be transmitted to for business transactions will be stored and will only be transmitted to The data required for business transactions will be stored and will only be transmitted to associated companies and sub-suppliers for the purpose of processing the orders. Nero AG refers customers to the Privacy Statement published on the web site.
(1) As far as the contracting partners communicate by e-mail, they
(1) As far as the contracting partners communicate by e-mail, they acknowledge the unlimited effectiveness of the declaration of intention,
(1) As far as the contracting partners communicate by e-mail, they acknowledge the unlimited validity of the declaration of intention, transmitted by this means, in accordance with the following regulations.
(2)
In e-mail, normal statements may not be suppressed or circumvented by making
That means that the statements must indicate the postal and
e-mail addresses of the senders, the dates and hours of dispatch and, at their
An e-mail received in accordance with these regulations will be considered as being sent.
An e-mail received in accordance with these regulations will be considered as being sent by the other partner provided
An e-mail received in accordance with these regulations will be considered as being sent by the other partner provided that no proof to the contrary is furnished.
(3) All messages must be made in
English Language.
The customer is aware that the products delivered by Nero AG are partly subject to bans of export and he will commit himself to adhering to restrictions The customer is aware that the products delivered by Nero AG are partly subject to bans of export and he will commit himself to adhering to restrictions indicated by Nero AG.
The customer is not permitted to assign or transfer rights and obligations arising from the contract. The customer is not permitted to assign or transfer rights and obligations arising from the contract.
These terms and conditions constitute the entire agreement between Nero AG If a part, provision, or clause of the terms and conditions of sale, or the application thereof to any person or circumstances, is held of sale, or the application thereof to any person or circumstances, is held invalid, void or unenforceable, such holding shall not affect and shall leave valid all other parts, provisions, clauses or applications of the terms and conditions remaining, and to this end, such holding shall not affect and shall leave The section titles used in this section shall be the following The section titles used in these terms and conditions are purely for convenience and carry with them no legal effect. The section titles used in these terms and conditions are purely for convenience and carry with them no legal or contractual effect.
Commercial domicile for the performance of the contracting parties is the registered seat of Nero AG, Karlsruhe, Germany.
The legal domicile is agreed to be the court competent for the place of performance, if the customer is a customer.
be the court competent for the place of performance, if the customer is a
The legal domicile is agreed to be the court competent for the place of performance, if the customer is a tradesman, a legal person or special institution by public law or if he does not
The contracting parties
The contracting parties agree, that all legal relations of this contract now and after fulfillment of the contract shall be construed and enforced.
The contracting parties agree, that all legal relations of this contract now and after fulfillment of the contract shall be construed and enforced in accordance with German law,
The contracting parties agree that all legal relations of this contract now and after fulfillment of the contract shall be construed and enforced in accordance with German law, excluding the UN purchase right.
If you have any questions concerning this general terms of trade,
please contact
us
