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Terms of Service
Last updated: January 2026
1. Scope of Application
These General Terms and Conditions apply to all contracts concluded between NexaCommerce, [ADDRESS], [CITY] (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the services offered on nexacommerce.com. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
2. Subject Matter of the Contract
The Provider offers software solutions and services in the field of e-commerce. The exact scope of services results from the respective service description at the time of the order. The Provider reserves the right to make changes to the services that serve technical progress, provided these do not significantly impair the contractual use for the Customer.
3. Conclusion of Contract
The presentation of services on the website does not constitute a binding offer. By submitting an order, the Customer makes a binding offer to conclude a contract. The Provider can accept this offer within five business days by sending an order confirmation or by providing the service. The contract is concluded upon acceptance.
4. Prices and Payment Terms
All prices are net prices plus the applicable statutory value added tax. Payment is due upon receipt of the invoice unless otherwise agreed. In case of default, the Provider is entitled to charge default interest at the statutory rate. The Customer may only offset claims that are undisputed or legally established.
5. Delivery and Performance
Delivery dates and deadlines are only binding if they have been expressly confirmed in writing by the Provider. The Provider shall not be liable for delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for the Provider, even if they occur with suppliers or their sub-suppliers. In such cases, the Provider is entitled to postpone delivery or performance by the duration of the hindrance.
6. Rights of Use
Upon full payment, the Customer receives a non-exclusive, non-transferable right to use the contractually agreed services for their own business purposes. The Customer is not permitted to sublicense, rent, lease, or otherwise make the services available to third parties without the express written consent of the Provider. All intellectual property rights remain with the Provider.
7. Customer Obligations
The Customer is obligated to provide all information and materials necessary for the provision of services in a timely manner. The Customer ensures that all data and content provided do not infringe third-party rights and do not violate applicable law. The Customer is responsible for regular backup of their data.
8. Warranty
The Provider warrants that the services correspond to the agreed specifications. The warranty period is twelve months from delivery. The Customer must report obvious defects in writing within two weeks of discovery. In case of defects, the Provider is entitled to subsequent performance at their discretion through rectification or replacement delivery. If subsequent performance fails, the Customer may reduce the price or withdraw from the contract.
9. Limitation of Liability
The Provider is liable without limitation for intent and gross negligence. For slight negligence, the Provider is only liable in case of breach of essential contractual obligations (cardinal obligations), limited to the foreseeable, contract-typical damage. Liability for indirect damages, consequential damages, and lost profits is excluded in cases of slight negligence. The above limitations do not apply to damages arising from injury to life, body, or health, or in case of mandatory statutory liability.
10. Confidentiality
Both parties undertake to treat all confidential information received from the other party in connection with the contract as confidential and not to disclose it to third parties. This obligation continues for a period of three years after termination of the contract.
11. Term and Termination
Contracts for continuing obligations can be terminated by either party with three months' notice to the end of the month, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected. Notice of termination must be in text form (email is sufficient).
12. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Hamburg. Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
13. Contact
NexaCommerce
[ADDRESS]
[CITY]
Germany
Phone: [PHONE]
Email: info@nexacommerce.com