for the online store at the URL
https://nexorahost.com
operated by
NexoraHost
Waldstraße 33
64385 Reichelsheim
Email: info@nexorahost.com
- hereinafter referred to as "Provider" -
1. Scope
These Terms and Conditions (T&Cs) apply to all contracts for the purchase of goods, services, or other products (hereinafter referred to as "Goods") concluded through the online store at the above URL in their version valid at the time of the contract conclusion. These T&Cs apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online store are an invitation by the provider to the visitors of the online store to submit an offer for the purchase of the goods offered in the store.
2.2 The order of the goods is made through the provider’s online order form. After selecting the desired goods, entering all requested mandatory information, and completing all other required steps in the order process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the provider accepts the customer’s offer. The acceptance is made by the provider confirming the conclusion of the contract in writing or text form (e.g. by email) and this confirmation is sent to the customer, or by delivering the ordered goods and these goods reaching the customer, or by requesting payment (e.g., invoice or credit card payment in the order process) and the payment request is sent to the customer; the decisive moment for the contract conclusion is when one of the aforementioned alternatives first occurs.
2.3 Before the binding submission of the order via the online order form, the customer can review and correct their entries at any time using the usual keyboard, mouse, touch, or other input functions. Additionally, all entries will be displayed again before the binding submission of the order in a confirmation window, where they can also be corrected using the usual input functions.
2.4 The provider will store the contract text after the conclusion of the contract and send it to the customer in text form (e.g. by email). The provider will not make the contract text available in any other way. If the purchase was made via a customer account in the online store, the customer can view their orders and related order data there.
2.5 The following languages are available for the conclusion of the contract: German.
3. Right of Withdrawal for Consumers
Consumers have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. Details are provided in the right of withdrawal notice, which is made available to each consumer at the latest immediately before contract conclusion.
4. Payment, Delay
4.1 The prices listed at the time of the order in the online store apply. All prices include the statutory value-added tax and any applicable shipping costs. The available payment methods will be provided to the customer in the online store.
4.2 If "prepayment" is agreed, the purchase price is due immediately after the conclusion of the contract.
4.3 If payment by credit or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.
4.4 If payment via "PayPal" is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.5 If "Sofortüberweisung" is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.6 If Giropay is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of Title
The purchased goods remain the property of the provider until the full payment of the purchase price has been made.
6. Delivery and Self-Supply Reservation
6.1 Unless otherwise agreed, the delivery will take place within the delivery time specified in the online store to the delivery address provided by the customer. The applicable delivery times can be found in the online store.
6.2 A self-collection of the purchased goods is excluded.
6.3 If the provider is unable to deliver the ordered goods due to circumstances beyond their control, despite having concluded a congruent coverage transaction with a reliable supplier, the provider is released from the obligation to perform and may withdraw from the contract. The provider must inform the customer immediately about the impossibility of performance. Any payments already made will be refunded to the customer immediately. Mandatory consumer rights remain unaffected by this paragraph.
7. Warranty
The statutory provisions on warranty apply.
8. Liability
8.1 The provider is fully liable:
For damages arising from injury to life, body, or health caused by a willful or negligent breach of duty by the provider or their legal representatives or agents;
For damages arising from willful or grossly negligent breach of duty by the provider or their legal representatives or agents;
For damages based on a guarantee, unless another regulation has been made;
For mandatory liability (e.g., under the Product Liability Act).
8.2 If the provider negligently breaches a substantial contractual obligation, their liability is limited to the typical, foreseeable damage, unless they are liable without limitation according to the previous paragraph. Substantial contractual obligations are those that the contract imposes on the provider to achieve the contract's purpose, whose fulfillment makes the proper execution of the contract possible and on whose adherence the customer regularly relies.
8.3 In all other cases, the provider and their agents and legal representatives shall not be liable.
9. Data Protection
The provider treats the personal data of their customers confidentially and in accordance with the legal data protection regulations. For further details, please refer to the provider’s privacy policy.
10. Final Provisions
10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law leads to the exclusion of mandatory statutory provisions in the consumer’s country of habitual residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider's place of business shall have jurisdiction, unless an exclusive court jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The provider's place of business is indicated in the heading of these T&Cs.
10.3 If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Dispute Resolution
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.
The provider is neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board.
Our email address can be found in the heading of these T&Cs.