General terms and conditions of subtel GmbH

1) Scope of Application

1.1 These General Terms and Conditions of Sale of subtel GmbH (hereinafter referred to as the “Seller”) apply to all contracts concluded between a consumer (hereinafter referred to as the “Customer”) and the Seller concerning products and/or services presented in the Seller’s online store. These GTC invalidate any terms imposed by the Customer, unless otherwise agreed.

1.2 For the purpose of these GTC, a “consumer” is any natural person acting for purposes that are outside their commercial, industrial, craft, or liberal professional activity. The term “professional” refers to any natural or legal person, whether public or private, who is acting, including through another person acting on their behalf or for their account, for purposes relating to their commercial, industrial, craft, or liberal professional activity.

1.3 These GTC also apply to contracts for the delivery of goods containing digital elements, unless otherwise stipulated. In such cases, the Seller is obliged, in addition to delivering the goods, to provide digital content or digital services (hereinafter “digital products”) that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.4 These GTC also apply to contracts for the supply of physical data carriers that serve exclusively as a medium for digital content, unless otherwise stipulated. Digital content within the meaning of these GTC are data that are produced and provided in digital form.

2) Conclusion of the Contract

2.1 The product descriptions published in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve to invite the Customer to submit a contractual offer.

2.2 The Customer may submit their offer via the order form integrated into the Seller’s online store. When ordering via the online form, after placing the selected goods and/or services into the virtual shopping cart and completing the electronic ordering process, the Customer makes a binding offer for the items contained in the shopping cart by clicking on the button that concludes the order.

2.3 The Seller can accept the Customer’s offer within five days by:

- Sending an order confirmation in text form (by fax or email). In this case, receipt of the order confirmation by the Customer is decisive,
- Delivering the ordered goods to the Customer. In this case, receipt of the goods by the Customer is decisive,
- Requesting payment from the Customer after their order is placed.

If several of the aforementioned alternatives occur, the contract is concluded as soon as one of these alternatives takes effect. If the Seller does not accept the Customer’s offer within the aforementioned period (5 days), the offer is deemed rejected, and the Customer is no longer bound by their declaration of intent.

2.4 The contract is archived by the Seller and a copy is transmitted to the Customer together with these GTC after the order is placed, in text form (email, fax, or letter). The contract text is also archived on the Seller’s website and can be viewed free of charge by the Customer via their personal, password-protected customer account. However, the Customer must have previously created an account on the Seller’s website.

2.5 Before submitting a binding order via the Seller’s online form, the Customer can correct any input using the usual keyboard and mouse functions. In addition, all provided information is displayed in a confirmation window just before the final submission of the order, and can also be corrected there using the same methods.

2.6 The contract is concluded in French or Dutch.

2.7 Order processing and contact occur by email and via an automated order processing system. The Customer must ensure that the email address they provide is correct so that they can receive the emails sent by the Seller. Furthermore, if the Customer uses spam filters, they must ensure that all emails sent by the Seller or by third parties engaged in the order processing can be received.

3) Right of Withdrawal

In principle, consumers have a right of withdrawal. More details on the right of withdrawal can be found in the Seller’s information on exercising the right of withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product descriptions published by the Seller, the prices indicated by the Seller are final prices in euros, including all taxes, particularly VAT. Additional delivery and shipping costs may apply, if so, they will be explicitly indicated in the corresponding product description.

4.2 The Customer can choose between the various payment methods displayed in the Seller’s online store.

4.3 If advance payment is agreed, payment is due immediately upon conclusion of the contract.

4.4 If the Customer chooses “PayPal” as the payment method, payment will be processed by the service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., Boulevard Royal, L-2499 Luxembourg, in accordance with the terms of use found at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full?locale.x=fr_FR.

5) Delivery Conditions

5.1 Goods are delivered by shipment to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the order processed by the Seller is decisive for the execution of the transaction.

5.2 If the carrier returns the goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs resulting from the failed shipment. However, this does not apply if the Customer has effectively exercised their right of withdrawal, if the Customer is not responsible for the circumstances that made delivery impossible, or if they were temporarily prevented from receiving the delivery, provided that the Seller did not give a reasonable advance notice of the delivery.

5.3 For logistical reasons, collection by the Customer is not possible.

6) Conformity and Legal Guarantees

In case of a defect in the purchased goods, the legal provisions apply.

7) Applicable Law and Jurisdiction

7.1 If the Customer is a consumer within the meaning of Section 1.2, any legal relationship between the contracting parties is governed by the law of the country in which the Customer has their habitual residence, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for any disputes arising from this contract is the Customer’s place of habitual residence.

7.2 If the Customer is a professional within the meaning of Section 1.2, any legal relationship between the contracting parties is governed by the law of the country in which the Seller has its registered office, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for any disputes arising from this contract is the Seller’s registered office.

8) Out-of-Court Dispute Resolution

8.1 The European Commission provides an online dispute resolution platform at: https://ec.europa.eu/consumers/odr. This platform serves as a single point of entry for the out-of-court resolution of disputes arising from online sales or service contracts concluded between a consumer and a professional.

8.2 The Seller is neither obliged nor willing to participate in out-of-court dispute settlement proceedings before a consumer arbitration body.