General Terms and Conditions (GTC) of Nupex Global GmbH
1. Scope
1.1 These GTC apply to purchases made by a customer (hereinafter referred to as “customer” or “you”) on www.Nupex Global, operated by Nupex Global GmbH (hereinafter referred to as “Nupex Global” or “we”). All services, products, and offers made on Nupex Global are based on these GTC and the terms and conditions of the respective online shops. The site policies apply when the user visits the website or utilizes the services available online.
1.2 A customer is regarded as a consumer when the purpose of the ordered products and services cannot be regarded as commercial or self-employed occupation. An entrepreneur is every physical or legal person or partnership that exercises commercial or autonomous actions while entering into the contract.
1.3 Deviating, conflicting, or additional terms and conditions shall not become part of the contract.
2. Conclusion of Contract
2.1 Customers will be informed about prices and suppliers of the products for free. These suppliers are registered retailers at Nupex Global or other third parties (including white label partners) offering products on the internet.
2.2 The information is not a legally binding offer by Nupex Global. The information provided is automated and based on feeds from online shops and third parties (manufacturers, media). Offers are updated several times a day, and there can be deviations or false information regarding prices, delivery time, and availability. Nupex Global does not assume liability for the accuracy of this information unless Nupex Global was informed about inaccuracies and did not correct them.
2.3 The customer does not enter into any contracts with Nupex Global when buying products from the websites. Contracts about the products or services on the websites are concluded solely between the customers and the listed online shops. Therefore, the GTC of the online shops (including their cancellation policies and data protection regulations) are applicable.
2.4 Customers can be transferred via the Nupex Global websites to the online shops, which have made the offers. The customers must check all relevant information as well as their currency stated by the online shops before entering into a contract or placing an order.
2.5 Customers can also make purchases directly on the Nupex Global websites. In this case, Nupex Global is not a party to the contract concluded between the customer and the online shop. All contractual obligations arise solely between the customer and the online shop. For all products, legal warranty rights apply, and the GTC of the online shops and/or their payment service providers apply.
2.6 Not all online shops available on the market are listed. The selection is at the sole discretion of Nupex Global and online stores. Displayed comparison results do not claim to be complete. Nupex Global reserves the right to delete individual products or services without prior notice.
2.7 You can correct type errors in the input fields by using the computer keyboard and the mouse until you have completed your order and clicked the confirmation button. The text of the contract will be available to you but won’t be saved after the conclusion of the contract.
3. No Warranty Takeover, No Responsibility for Third-Party Information
3.1 Our services are subject to change or adjustment at any time. Please use our services at your own discretion.
3.2 Nupex Global cannot guarantee that the information displayed is current, correct, and/or complete, nor that the services are available at any time without interruption, on time, secure, and error-free.
3.3 Our site contains links to other websites and content that we store for others on our servers and make available to the public (e.g., product descriptions or prices of online stores). We do not control the content of these references.
4. Limitation of Liability
4.1 Nupex Global is liable in case of damage to the user resulting from injury to life, limb, or health due to a breach of duty by Nupex Global, under the Product Liability Act, from the assumption of a guarantee or for fraudulent misrepresentation, if Nupex Global has caused the damage intentionally or through gross negligence, and/or if the damage was caused by the breach of an obligation of Nupex Global whose fulfillment makes the proper execution of the contract possible and upon which the user regularly relies.
4.2 Nupex Global is liable in cases of paragraph 1, letters (a), (b), and (c) without limitation; in the cases of letter (d), the liability is limited to foreseeable, typical damage.
4.3 In cases other than those referred to in paragraph 1, the liability of Nupex Global is excluded regardless of the legal basis.
4.4 The liability provisions in preceding paragraphs also apply to the personal liability of officers, employees, and agents of Nupex Global.
5. Obligations of the User, Prohibited Behavior
5.1 The user undertakes to refrain from actions that interfere with or can affect the functional capabilities of Nupex Global (e.g., through software or other scripts). This particularly applies to the use of “robot”, “spider” or “offline-reader” software and processes that generate user requests via the Internet automatically.
5.2 You must not use our services or parts thereof without our prior written consent for commercial purposes of any kind.
5.3 All rights (e.g., copyrights, and trademarks) to our databases, computer channels, and direct content we create are reserved.
6. Data Protection
Please read our privacy policy for information on data protection.
7. User Account
7.1 Nupex Global offers a free personal account (“User Account”) for the user. Registration for a User account is voluntary.
7.2 If the user is a customer, they must be of age during the registration.
7.3 The user must fill in the mandatory fields on the registration form. Username and birth year are optional.
7.4 The user is not allowed to maintain multiple user accounts at Nupex Global. Nupex Global reserves the right to delete multiple registrations.
7.5 The information entered by the user at the time of registration must be correct and complete.
7.6 The user’s access data, especially their password, must be kept confidential.
7.7 The user is responsible for the backup list and their own content.
7.8 The user may not use Nupex Global for illegal purposes or for commercial purposes without permission.
7.9 The user may terminate their account at any time by contacting sales@nupexglobal.com. Nupex Global may terminate the user account without giving any notice within a period of six weeks.
8. Final Provisions
8.1 Subsidiary agreements to these conditions of use do not exist.
8.2 If any provision of these Terms is or becomes invalid, this shall not affect the validity of the remaining regulations.
8.3 German law applies.
8.4 If the user is a merchant, legal entity under public law, or a public special fund, the place of jurisdiction is the location of Nupex Global for all disputes.
9. Liability
9.1 Nupex Global is liable for any damages to the customer resulting from injury to body or health, under the Product Liability Act, from the assumption of a guarantee, or for fraudulent misrepresentation if caused intentionally or by gross negligence, and/or if Nupex Global has caused damage due to a breach of duty essential for the proper performance of the contract.
9.2 Nupex Global is infinitely liable in cases of section 1, letters (a), (b), and/or (c). For the rest, liability is limited to foreseeable damage typical to the contract.
9.3 In cases other than those referred to in paragraph 1, Nupex Global’s liability is excluded regardless of the legal basis.
9.4 The liability provisions also apply to the personal liability of officers, employees, and agents of Nupex Global.
10. Final Provisions
10.1 German law is applicable excluding the UN Convention on Contracts for the International Sale of Goods. The EU has created a portal to help dissatisfied customers. For complaints concerning products or services bought via the internet, you can find dispute settlement authorities for an extrajudicial solution here: http://ec.europa.eu/consumers/odr.
10.2 Additional agreements do not exist.
10.3 If the customer is a merchant, a legal person under public law, or a special fund under public law, the place of performance and jurisdictional venue for all litigation based on this contract shall be at the registered office of Nupex Global.
10.4 If any provision of these terms and conditions is wholly or partially invalid, the validity of the remaining provisions shall not be affected. The statutory provisions shall replace the invalid provisions.