General Terms and Conditions for Consumers

• 1 Applicability, contract language

(1) The following terms and conditions (GTC) apply to all contracts that you conclude with us, the company QN Europe Deutschland GmbH, Neuhofstraße 9, 64625 Bensheim, Germany, commercial register number HRB 94131, via this online shop.

(2) The language available for the conclusion of the contract is exclusively German. Translations of these GTC into other languages are for information purposes only. In the event of contradictions between the German text and the translations, the German text shall prevail.

(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

• 2 Applicable law, mandatory consumer protection regulations

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if

(a) you have your habitual residence in Germany, or

(b) your habitual residence is in a country that is not a member of the European Union.

In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

• 3 Conclusion of the contract

(1) The presentation of products and services in our online shop does not constitute a legally binding offer, but an invitation to place orders (invitatio ad offerendum).

(2) By clicking the “Buy now” button in the last step of the order process, you submit a binding offer to purchase the goods displayed in the order overview and/or to book the services listed in the order overview. We will then immediately send you an automatic confirmation of receipt by e-mail, in which your order is listed again and which you can print out using the “Print” function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the offer. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the contractual agreement (consisting of the order, GTC and order confirmation) on a permanent data carrier (e-mail or paper printout) (contract confirmation). 

• 4 Technical steps up to the conclusion of the contract and correction of input errors

To place an order, first place the desired goods and/or services in the shopping basket. There you can change the desired quantity at any time or delete goods and services completely. Once you have placed goods and services in the shopping basket, clicking on the “Continue” button will take you to a web page where you can enter your details and then select the shipping and payment method. You can check your entries on the overview page that then opens. To correct input errors (e.g. in the payment method, dates or quantity), click on “Edit” next to the relevant field. To cancel the order process, you can simply close your browser window. By clicking on the “Buy now” confirmation button, your declaration becomes binding within the meaning of Section 3 (2) of these GTC. However, your declaration can only be submitted and transmitted if you accept these GTC by ticking the box “Accept GTC”.

• 5 Storage of the contract text

You will receive the contractual provisions and information about the goods ordered and/or services booked, including these GTC and information about the right of cancellation, by email when the contractual offer is accepted or when you are notified of this. The contractual agreement is stored in compliance with data protection regulations.

• 6 Opening a customer account

You can order goods or services in our online shop after opening a customer account. With a customer account, you do not have to enter your personal details every time you use our online shop, but you can log into your customer account before or during the ordering process using your e-mail address and password. Your registration alone does not oblige you to purchase any of the goods we offer. 

• 7 Terms of payment

(1) The customer can currently pay via PayPal, credit card or bank transfer.  

-PayPal

If you choose PayPal as your payment method, you will be redirected to PayPal after completing your order. There you can log into your PayPal account or open a new PayPal account and authorise the payment. As soon as you have confirmed your payment details, you will be automatically redirected back to our online shop.

You can find PayPal’s general terms and conditions here: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full ; you can find PayPal’s privacy policy here: https://www.paypal.com/de/webapps/mpp/ua/privacy-full 

– Credit card/bank transfer

(2) Payment of the purchase price is due immediately after conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall be in default as soon as the deadline is exceeded. In this case, the customer shall pay interest on arrears for the year at a rate of 5 percentage points above the base rate.

(3) The customer’s obligation to pay default interest does not exclude the assertion of further damage caused by default by us.

• 8 Retention of title

The goods remain our property until full payment has been made.

• 9 Delivery, availability of goods, prices, shipping costs

(1) The delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. The delivery time for the respective goods is specified in our online shop.

(2) If the product selected by the customer is not available at the time of the customer’s order, we will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, we shall refrain from issuing a declaration of acceptance. In this case, no contract is concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, we will also inform the customer of this immediately in the order confirmation.

(4) The shipping costs are listed in the product description and will be invoiced separately.

(5) All prices quoted on our website include the applicable statutory value added tax.

• 10 Right of cancellation

As a consumer, you have a right of cancellation in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

CANCELLATION POLICY

RIGHT OF WITHDRAWAL

You have the right to cancel this contract within 14 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, have taken possession of the goods.

To exercise the right to cancel, you must inform us, QN Europe Deutschland GmbH, Neuhofstraße 9, 64625 Bensheim, Deutschland, Email: eu.support@qneurope.com, Phone: +49 (0)6251 98 91 640, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. 

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires. 

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. 

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. 

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. 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 for checking their condition, properties and functionality.

ADDITIONAL INFORMATION

• Unless the parties have agreed otherwise, the right of cancellation pursuant to Section 312g BGB does not apply to the following contracts:

• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

• Please use the original packaging material for the return of the goods, if this is still available.

Sample cancellation form 

(If you wish to cancel the contract, please complete and return this form).

• To QN Europe Deutschland GmbH, Neuhofstraße 9, 64625 Bensheim, Germany, Email: eu.support@qneurope.com,

• I/we (*) hereby cancel the contract concluded by me/us (*) 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);

• Signature of the consumer(s) (only for notification on paper);

• date

(*) Delete as appropriate.

• 11 Warranty for the purchase of goods

(1) If the goods purchased and delivered in our online shop are defective, you are entitled to demand subsequent fulfilment, withdraw from the contract or reduce the purchase price within the framework of the statutory provisions.

(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become statute-barred within the regular limitation period.

(3) In addition, you are also entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly given such a guarantee with regard to the item sold in the individual case.

• 12 Limitation of liability

We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. The same applies to breaches of duty by our vicarious agents.

The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

• Section 13 Place of jurisdiction; online and alternative dispute resolution; severability clause (1) If you had your domicile or habitual residence in Germany when the contract was concluded and have either moved out of Germany at the time the action is brought by us or your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of our company in 64625 Bensheim, Germany.

(2) The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/.

(3) We are not obliged and not prepared to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG). 

(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.

Status of the GTC: 23/05/2022