General terms and conditions for subtel GmbH
1) Scope of application
1.1 These General Terms and Conditions ("Conditions") apply to all contracts made by a consumer or a professional ("customer") with subtel GmbH ("seller"), regarding goods and/or services sold in the seller's online store. These conditions supersede any of the customer's own terms, unless otherwise agreed.
1.2 Under these Conditions, a "consumer" is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. A "professional" is any natural or legal person or a partnership with legal personality who acts for purposes relating to their independent business or professional activity when entering into a legal transaction.
2) Conclusion of the contract
2.1 Product descriptions in the seller's online store represent binding offers.
2.2 The customer can accept these offers using the online order form. By completing the purchase process and clicking the confirm button, the customer legally accepts the offer. This acceptance can only occur if the customer agrees to the terms and conditions by checking the corresponding box.
2.3 The seller will send an order confirmation to the customer by post or email.
2.4 If an offer is accepted through the seller’s online order form, the contract's text will be saved by the seller and sent to the customer along with these Conditions by email or letter after the order is dispatched. The contract's text will also be stored on the seller's website and can be accessed by the customer through their password-protected account, provided the customer has created an account in the seller's online store before sending their order.
2.5 Before submitting the order through the seller’s online order form, the customer can review and correct their details at any time using the usual keyboard and mouse functions. Additionally, all data entered will be displayed in a confirmation window and can still be corrected before sending the binding order.
2.6 If the customer acts as a consumer, the contract can be concluded only in Spanish.
3) Returns policy
3.1 Consumers have the right to withdraw from the contract.
3.2 For more information about the right of withdrawal, please refer to our Returns Policy page.
4) Prices and payment conditions
4.1 Unless otherwise stated, prices mentioned by the seller are total prices inclusive of legally applicable taxes. Any additional delivery and shipping costs will be specified separately in the respective product descriptions.
4.2 Customers have various payment options which are displayed on the seller’s website.
4.3 If payment in advance is agreed upon, the payment must be made immediately upon concluding the contract.
4.4 If a customer chooses "PayPal" for payment, the transaction will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal's user agreement, available at https://www.paypal.com/it/webapps/mpp/ua/legalhub-full?locale.x=it_IT. This assumes the customer either has or will open a PayPal account.
5) Delivery and shipping conditions
5.1 Goods are shipped via courier to the address specified by the customer. The order will be processed based on the shipping address provided unless, when paying via PayPal, a different delivery address was specified.
5.2 If the courier returns the goods to the seller because delivery to the customer was not possible, the customer will bear the cost of the failed delivery. This does not apply if the customer effectively exercises their right of withdrawal, if the delivery failure is not attributable to the customer, or if the customer was temporarily unable to accept the offered service, unless the seller had notified the customer adequately in advance of the service.
5.3 Customer pickup is not provided.
6) Legal warranty of conformity
6.1 Legal provisions apply in cases of warranty for defects of the sold goods.
6.2 The statute of limitations for warranty claims is:
Three years from delivery of new goods to the customer. One year from delivery of used goods to the customer.
6.3 Claiming damages requires the buyer to inform the seller about the damage within three months of discovering it.
7) Applicable law, competent court
7.1 If the customer acts as a consumer, the law of the country in which the customer has their usual residence applies to all legal relations between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive competent court for all disputes arising from this contract is the customer's place of domicile.
7.2 If the customer acts as a professional, the law of the country in which the seller has their legal headquarters applies to all legal relations between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive competent court for all disputes arising from this contract is the place of the seller's legal headquarters.
8) Alternative dispute resolution
8.1 The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online purchase or service contracts involving a consumer.
8.2 The seller is neither legally obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
This structured format with detailed sections ensures clarity and maintains the legal integrity of the terms and conditions.