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Customer Agreement

At New Gen Compute, we provide ICT products with clear terms to ensure a smooth and trustworthy experience for all our customers.
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New Gen Compute- Terms & Conditions

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Condition of the goods
  7. Granting Rights of Use for License Keys
  8. Reservation of Proprietary Rights
  9. Warranty
  10. Liability

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company New Gen Compute OU referred to as "Seller” shall apply to all contracts concluded between a consumer or a trader  referred to as "Client” and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise provided. In this context, the Seller owes, in addition to the delivery of the goods, the provision of digital content or digital services "digital products" which are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.

1.3 These GTC shall apply accordingly to contracts for the supply of physical data carriers that serve exclusively as carriers of digital content unless something to the contrary is regulated in this respect. Digital content within the meaning of these GTC is data that is created and made available in digital form.

1.4 These GTC apply accordingly to contracts for the provision of license keys, unless otherwise agreed. In this respect, the Seller owes the provision of a license key for the use of the digital content or digital services described by him (hereinafter "digital products") as well as the granting of the contractually agreed rights to use the respective digital products. The Client does not acquire any intellectual property rights to the digital product. The respective product description of the Seller is decisive for the quality of the digital product.

1.5 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.6 A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the Contract

The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer. The conclusion of the contract is judged according to whether the respective article has been awarded a price in the seller's online shop or not. For items that are priced, the customer can choose between the following order options: 

 

  • Order via the online order form (shopping cart system) 
  • Order using the suggested price option 
  • Ordering items without price labeling (price on request) 

2.1 Order via the online order form (shopping cart system) 

2.1.1 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also submit his offer to the Seller by telephone, e-mail or per online contact form.

2.1.2 The Seller may accept the Client’s offer within five days, 

  • by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or 
  • by delivering ordered goods to the Client, insofar as receipt of goods by the Client is decisive, or 
  • by requesting the Client to pay after placing his order. 

The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent. 
Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

 

3) Right to Cancel

  • 1. Right of withdrawal of the Consumer (return of the Goods)
    • 1. The Consumer has the right to withdraw from the contract for the sale of the Goods concluded at a distance within 14 days without giving any reason. The deadline for withdrawal is 14 days from the day on which the Consumer, or a third party other than the carrier indicated by him or her, has taken possession of the Goods, and in the case of a contract that includes multiple Goods that are delivered separately, in lots or in parts, from the day on which the Consumer has taken possession of the last lot or part or on which a third party other than the carrier and indicated by the Consumer has taken possession of the last lot or part. To meet the deadline it is sufficient to send an appropriate statement (model withdrawal from the contract) before its expiry to the address of the Seller.
    • 2. Goods should be returned to the Seller's address.
  • 2. Seller's obligations in the event of withdrawal:
    • 1. In the event of withdrawal from the contract, the Seller shall return to the Consumer or all payments received from the Consumer, including the costs of delivery of the item (except for the additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the Consumer to exercise the right of withdrawal.
    • 2. The Seller shall make the return using the same means of payment as were used by the Consumer in the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer shall not incur any costs in connection with such return.
    • 3. Notwithstanding paragraph (4), where the Consumer has expressly chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the additional costs.
    • 4. In relation to Sales agreement, unless the Seller has offered to collect the Goods himself, the Seller may withhold reimbursement of amounts received from the Consumer until he has received the Goods back or the Consumer has supplied evidence of having sent the Goods back, whichever event occurs first.
  • 3. Obligations of the Consumer in the event of withdrawal:
    • 1. Unless the Seller has offered to collect the goods himself, the Consumer shall send back the goods or hand them over to the Seller or a person authorised by the Seller to collect the goods, without undue delay and in any event not later than 14 days from the day on which he communicates his decision to withdraw from the contract to the trader in accordance with Article 11. The deadline shall be met if the Consumer sends back the goods before the expiry of the 14-day period.
    • 2. The consumer shall only bear the direct costs of returning the goods.
    • 3. The Consumer shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
  • 4. The right of withdrawal from an off-premises or distance contract shall not apply to the Consumer or Retail Trader in respect of contracts:
    • 1. in which the price or remuneration is dependent on fluctuations in the financial market which are beyond the trader's control and may occur before the end of the withdrawal period;
    • 2. where the object of the supply is a non-refabricated good made to the consumer's specifications or intended to meet his personalised needs;
    • 3. in which the object of the performance is goods which, after delivery, by their nature become inseparable from other things;
    • 4. in which the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery
    • 5. in which the consumer has specifically requested the trader to visit him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those the consumer has requested or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the right of withdrawal shall apply to the additional services or goods;

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .

4.3 In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also be incurred, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union.

4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.5 If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction. The Seller also reserves the right to carry out a creditworthiness check when the payment method “purchase on account” is selected, and he may reject this payment method in the event of a negative creditworthiness check.

5) Shipment and Delivery Conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.

5.3 In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.

5.4 If the customer is a consumer resident in Estonia or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this applies only if the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded without delay.

5.5 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller's place of business. In this case shipment costs will not be charged.

5.6 Digital content will be provided to the Client exclusively in electronic form as follows:

- by e-mail

5.7 Licence keys will be granted as follows:

- by e-mail

5.8 For selected items, we offer customers acting as entrepreneurs the additional Transport Plus service for an extra charge. In this case, the risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer or an authorised recipient upon delivery of the goods. The specific conditions, terms and costs will be displayed during the ordering process.

6) Condition of the goods

We deliver different conditions of goods and devices. New goods, refurbished goods and used goods. Therefore, unless otherwise agreed, the following characteristics apply to the respective states: 

6.1 New: These are new and unused goods. Unless explicitly agreed and offered, we reserve the right to deliver items that have the following characteristics:

  • It is possible that no manufacturer warranty can be claimed. This is where our guarantee applies. 
  • It cannot be guaranteed that the latest versions are used on the hardware and software side. 
  • The packaging may have already been opened. (NOB = New Open Box) 
  • An identically constructed device from another manufacturer is delivered. 
  • The device no longer has the original packaging from the manufacturer. (Bulk goods). 
  • Partially missing accessories such as cables, screws or operating instructions. 
  • The equipment does not always meet the requirements to be included in a maintenance contract of the original manufacturer. 
  • The manufacturer's original box may have optical defects, as long as the condition of the device is not affected. 
  • Goods are considered new even if the manufacturer has already concluded or booked service and/or maintenance contracts and licences for the goods sold.

6.2 Refurbished: These are used devices, often without original packaging, which have been technically checked, professionally cleaned and refurbished. The devices offer all functions of a corresponding new device. All data of the previous owner has been deleted in an audit-proof manner. Minor optical defects may occur. Unless explicitly agreed and offered, we reserve the right that: 

  • Suitable basic accessories are supplied either by the original manufacturer or 3rd party manufacturer. 
  • Extended accessories or operating instructions are not included in the scope of delivery. 
  • Articles with designations such as spare, renew, excess refurbished, refresh, remanufactured, which are directly brought to market by the manufacturer, can also be supplied.
  • An identically constructed device from another manufacturer is delivered. 

6.3 Used: These are used equipment, without original packaging that has not been technically and visually inspected for damage. The devices often show signs of wear and tear and no functional reliability can be guaranteed. The data may not have been professionally erased. 

7) Granting Rights of Use for License Keys

7.1 The license key provided entitles the Client to use the software or content as described in the respective product description.

7.2 The granting of rights shall become effective only when the Client has fully paid the owed remuneration.

7.3 If the contract relates to the one-time provision of digital content, the granting of rights shall only become effective when the Client has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this time. Such provisional permission shall not constitute a transfer of rights.

8) Reservation of Proprietary Rights

If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

8.1 If the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.

8.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default, and no application has been lodged to open insolvency proceedings.

9) Warranty

9.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

9.2 If the Client acts as trader

  • the Seller may choose the type of subsequent performance,
  • for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
  • for used goods, the rights and claims for defects are excluded,
  • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

9.3 If the Client acts as a consumer, the following applies to contracts for the delivery of used goods subject to the restriction of the following clause: The limitation period for claims for defects is one year from the delivery of the goods if this was expressly and separately contractually agreed between the parties and it the Client was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

9.4 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

  • to claims for damages and reimbursement of expenses of the Client,
  • if the Seller has fraudulently concealed the defect,
  • for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

9.5 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

9.6 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

9.7 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

9.8 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.

10) Liability

The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

10.1 The Seller is liable without limitation for any legal reason

- in the event of intent or gross negligence
- in the event of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise regulated in this regard,