Terms of Services

Terms and Conditions (General Terms and Conditions – GTC)

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Terms

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Limitation of Liability

  9. Applicable Law

  10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (“GTC”) of NextGenEcommerce Limited (“Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (“Customer”) and the Seller via the online shop. Any deviating terms of the Customer are hereby rejected unless expressly agreed.
1.2 A “consumer” is any natural person entering into a legal transaction for purposes predominantly unrelated to their commercial or independent professional activity.
1.3 An “entrepreneur” is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute legally binding offers but are invitations to the Customer to make a binding offer.
2.2 By placing items in the virtual cart and completing the checkout process, the Customer submits a binding offer to purchase the goods by clicking the order button.
2.3 The Seller may accept the Customer’s offer within five days by either:

  • sending a written or electronic order confirmation (fax or email), or

  • delivering the ordered goods, or

  • requesting payment from the Customer.
    The contract is concluded at the moment the first of these events occurs. The acceptance period begins the day after the Customer submits the offer and ends after five days. If the Seller does not accept the offer within this period, the offer is considered rejected.
    2.4 If the Customer selects a PayPal payment method, the payment is processed by PayPal (Europe) S.à r.l. et Cie, Luxembourg, under PayPal’s terms of use. The contract is deemed accepted when the Customer clicks the checkout button.
    2.5 Upon placing the order, the contract text is stored by the Seller and sent to the Customer via email, fax, or postal letter. No further storage by Seller is provided.
    2.6 Prior to submitting the order, the Customer can check and correct any input errors using browser functions.
    2.7 The contract language is German.
    2.8 Order processing and communication are conducted primarily via email and automated systems. The Customer must ensure that the provided email address is correct and that spam filters allow messages from the Seller and related third parties.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More details are provided in the Seller’s cancellation policy (“Widerrufsbelehrung”).

4) Prices and Payment Terms

4.1 Unless otherwise stated, prices are total prices. As a small business owner under German law, no VAT is charged. Shipping costs, if applicable, are shown separately.
4.2 Available payment methods are displayed in the online shop.
4.3 If “SOFORT” is selected, payment is processed via SOFORT GmbH (Munich). The Customer must have activated online banking and confirm payment.
4.4 Payment via Shopify Payments is processed by Stripe Payments Europe Ltd. (Dublin, Ireland). Additional payment terms may apply.
4.5 Payment via Klarna is processed by Klarna Bank AB (Stockholm, Sweden). Applicable terms are provided during checkout.

5) Delivery and Shipping Terms

5.1 If shipping is offered, delivery is made to the Customer’s address within the specified region. The address in the order is binding.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears reasonable costs — except when exercising the right of withdrawal, in which case returns are handled per the cancellation policy.
5.3 For entrepreneurs, the risk of accidental loss/deterioration transfers upon handing goods to the carrier. For consumers, risk typically transfers upon delivery—but if the customer names the carrier and the Seller does not inform otherwise, risk transfers when the items are handed to the carrier.
5.4 The Seller reserves the right to withdraw from the contract if delivery fails due to supplier issues beyond the Seller’s control, despite diligent effort. The Customer will be informed promptly and any payment will be refunded.
5.5 Self-pickup is not possible for logistical reasons.

6) Retention of Title

Ownership of the goods remains with the Seller until full payment is received.

7) Liability for Defects (Warranty)

Unless stated otherwise by the following provisions, statutory defect liability applies:

7.1 For Entrepreneurs

  • The Seller may choose subsequent performance method;

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

  • For used goods, liability for defects is excluded;

  • A new limitation period does not start after replacement delivery.

7.2 For Consumers

  • For used goods, the limitation period for defects is one year after delivery only where explicitly contractually agreed and the Customer was informed before ordering.

7.3 Exemptions from the Above Limitations Include:

  • Claims for damages and reimbursement of expenses;

  • Cases where the Seller intentionally concealed a defect;

  • Goods used in construction resulting in damage;

  • Obligations to provide updates for digital products.

7.4 Entrepreneurs’ statutory recourse claims remain unaffected.
7.5 If the Customer is a merchant, they must inspect and report defects under § 377 HGB. Failure to do so means the goods are deemed accepted.
7.6 Consumers are encouraged to report visible transport damage to the carrier and inform the Seller promptly. Failure to do so does not affect legal or contractual defect claims.

8) Limitation of Liability

The Seller’s liability for damages and expenses is as follows:

8.1 Unlimited Liability for:

  • Intentional or grossly negligent breaches;

  • Injury to life, body, or health;

  • Breach of guaranteed characteristics;

  • Mandatory legal liability (e.g. product liability).

8.2 For Slightly Negligent Breaches of Material Contractual Obligations, liability is limited to foreseeable, typical damages, unless unlimited liability applies under clause 8.1.
8.3 Otherwise, liability is excluded.
8.4 The liability limitations also apply to the Seller’s agents and legal representatives.

10) Alternative Dispute Resolution

The Seller is not obliged and not willing to participate in any consumer arbitration scheme.