Information about Payment and Shipping
As of 2020-06-15
Section 10 Prices, payment conditions, reservation of ownership and right of retention
(1) All prices are stated on the order page as total prices including, if applicable, shipping costs and taxes and are quoted in the currency chosen by the customer himself or which are displayed on the website and which he can access. Upon the conclusion of the contract with consumers, the statutory value-added tax is included in the price or is accounted for as such.
(2) Upon the conclusion of the software provision contract, purchase agreement or service contract, the customer shall owe a payment, license fee or a purchase price. The customer should be provided with at least one free, reasonable means of payment. If payment by credit card is offered, this takes place subject to a positive credit check.
(3) When paying by credit card or PayPal, the customer agrees that Nexway AG or where applicable its affiliate asknet Inc., domiciled 4804 Mission Street, Suite 208, San Francisco, CA 94112 will settle the order with the relevant payment provider. The chargeback fees arising from chargeback from credit institutions, which can be attributed to the fault of the consumer, shall be borne by the customer.
(4) Cash payments are due upon receipt of the goods. Invoices are payable within the time stated on the invoice after receipt of the invoice. It is presumed that the invoice will have been received by the customer within a period of 3 days after sending by post unless the customer proves later receipt.
(5) The purchase item or service delivered or provided in any way remains the property of Nexway AG or the rights holder of the contractual product until full payment has been made.
(6) A lien can only be exercised by the customer if the claims result from the same contractual relationship.
(7) The customer shall only have the right of offset if his counterclaims are legally established or recognised by Nexway AG in writing.
Section 11 Delivery area
Nexway AG does not deliver to countries or persons if such a delivery violates applicable export laws or other legal regulations.
Section 12 Delivery time
(1) Unless otherwise stated on the item page, all products are immediately deliverable and all services immediately performable.
(2) For deliveries of goods and the rendering of services within Germany, the maximum delivery time is 14 days
(3) The period begins
a) upon receipt of payment by Nexway AG for payments by wire transfer and cheque.
b) for all other payment methods, upon the conclusion of a contract
c) for downloads, only after successful payment.
d) for products that require additional information to be provided by the customer for licensing, upon the receipt of the information requested from the customer.
(4) The period ends on the 14th day following the event named in paragraph 3. Should the last day of the period fall on a Saturday, Sunday or nationally recognised public holiday in the place of delivery, the last day of the period shall thus be the next business day instead of such a day.
(5) For deliveries to other countries, paragraphs 2, 3 and 4 apply, with the proviso that the order is delivered within 28 days.
(6) Events of force majeure, measures in the context of labour disputes and other unforeseen circumstances, including non-delivery by the suppliers, for which Nexway AG is not at fault, entitles Nexway AG to extend delivery deadlines for the duration of the disability accordingly. This shall however be for a maximum period of two weeks from the order being placed. Delays only occur after a reasonable grace period has been set. Should the delay last longer, the customer may set a reasonable time limit for performance and withdraw from the contract following fruitless expiry. After six weeks of the order, Nexway AG is likewise entitled to withdraw from the contract. Claims for damages are excluded unless the delay is caused by Nexway AG.
Section 13 Delivery conditions
(1) Nexway AG utilises Deutsche Post AG for transport for deliveries within Germany and DHL or UPS for express deliveries. The respective local postal company shall assume delivery of the goods for deliveries outside of Germany, or in the case of express deliveries, DHL or UPS.
(2) Nexway AG offers the following delivery options:
a) Standard delivery
b) Express delivery
(3) Nexway AG retains the right to exclude individual types of shipment.
Section 14 Shipping costs
(1) Provided the service or purchase item is not accessed via download by the customer and is shipped, the customer must pay the shipping costs. A calculation of shipping costs in advance is not reasonably possible as these vary depending on delivery area and product ordered. A precise calculation of shipping costs and a list of all selectable shipping methods are provided during the ordering process and these are indicated on the order page. Shipping costs may be omitted for special promotions in individual cases. This is also displayed in the order process and on the order page.
(2) No shipping costs are invoiced by Nexway AG when software is downloaded. The customer has to set up the remote communications link to the Nexway AG server (Internet connection) required for the download and bear the resulting costs of use of the distance communications link as part of the access.
(3) In the case of deliveries outside the EU, additional customs charges or costs for customs clearance, import duties or taxes may be due, which are to be borne by the customer. These costs are outside the control of Nexway AG. More detailed information can be obtained from the relevant customs office.