General Terms and Conditions 

Near Dark GmbH 

Version: 08 July 2026 

I. General Terms and Conditions 

§ 1 Basic Provisions 

(1) These General Terms and Conditions apply to all contracts that you conclude with us as the supplier, Near Dark GmbH, via the website https://www.neardark.de or by telephone, fax or email, unless the parties make a different written agreement. Deviating or conflicting terms and conditions shall become effective only if we expressly agree to them. 

(2) We offer our goods for purchase exclusively to natural or legal persons and partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity (entrepreneurs). The conclusion of purchase contracts with consumers is excluded. 

§ 2 Conclusion of the Contract 

(1) The subject matter of the contract is the sale of goods. Details, in particular the essential characteristics of the goods, are set out in the respective item description and in the supplementary information on our website. 

(2) Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract. 

(3) You may submit a binding offer to purchase (order) by telephone, email, fax, in writing or via the online shopping cart system. When placing an order via the online shopping cart system, you first place the desired goods in the “shopping cart”. You may access the shopping cart at any time via the corresponding button in the navigation bar and make changes. After accessing the “checkout” page and entering your personal data, payment terms and shipping terms, all order data will be displayed again on the order overview page. Before submitting the order, you may review and change all information, including by using the “back” function of your Internet browser, or cancel the ordering process. By submitting the order using the designated button, you place a legally binding order; at the same time, the payment obligation is legally bindingly triggered. You will first receive an automatic email confirming receipt of your order. This acknowledgement of receipt does not yet result in the conclusion of the contract. 

(4) Acceptance of your order and thus conclusion of the contract shall take place within four working days by means of confirmation in text form, for example by email, in which we confirm execution of the order or dispatch of the goods (order confirmation). If you do not receive a corresponding notification within this period, you are no longer bound by your order. Any payments already made will be refunded immediately in this case. 

(5) Upon request, we will prepare an individual offer for you and transmit it to you in text form. We shall remain bound by this offer for five working days. You accept the offer by means of confirmation in text form. 

(6) Order processing and transmission of all information required for conclusion of the contract are carried out partly by automated email. You must therefore ensure that the email address stored with us is correct, that receipt of emails is technically ensured and, in particular, is not prevented by spam filters. 

§ 3 Individually Designed Goods 

(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system immediately after placing the order, together with your request for an offer or, at the latest, immediately after conclusion of the contract by email. Our specifications regarding file formats must be observed. 

(2) You undertake not to transmit any data whose content infringes third-party rights, in particular copyrights, rights to names or trademark rights, or violates applicable law. You expressly indemnify us against all third-party claims asserted against us in this connection. This also includes the costs of any necessary legal representation. 

(3) We do not check the data transmitted by you for substantive accuracy and therefore accept no liability for errors resulting therefrom. 

(4) Where provided for in the respective offer, we will send you a proof which you must check immediately. If you agree with the draft, you release the proof for production by countersigning it in text form, for example by email. We will not carry out the design work without your approval. You are responsible for checking the proof for accuracy and completeness and for notifying us immediately of any errors. We accept no liability for errors that are not objected to. 

(5) Insofar as we create texts, images, graphics or designs for you as part of the individual design, these are protected by copyright. Without our express consent, neither individual components nor complete content may be used, reproduced or modified. Unless otherwise agreed, we grant you an unlimited right of use in terms of time to the copyright-protected works created for you. You are expressly prohibited from making the protected works or parts thereof available to third parties in any form, privately or commercially. The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price. 

§ 4 Prices, Payment Terms and Shipping Costs 

(1) The prices stated in the respective offers are net prices and do not include statutory value added tax. 

(2) Shipping costs are not included in the purchase price and are charged separately unless free delivery has been promised. Further details can be found under the correspondingly designated button on our website or in the respective offer. 

(3) The available payment options can be found under the correspondingly designated button on our website or in the respective offer. Unless a different payment deadline is specified for a payment method or on the invoice, all payment claims arising from the concluded contract are due immediately. A cash discount may be deducted only if this is expressly stated in the respective offer or on the invoice. 

§ 4.1 Payment Terms: Purchase on Account 

Corporate customers may pay the invoice amount by bank transfer after receiving the goods and the invoice (“purchase on account”). To provide this payment method, we cooperate with the financial services provider Billie GmbH. Following successful address and creditworthiness checks during the ordering process and after the order has been submitted, we assign our claim to Billie GmbH. Please transfer the invoice amount within the payment period stated on the invoice to the account specified there. 

The privacy policy of Billie GmbH can be found at: https://www.billie.io/datenschutz 

The privacy policy of Billie GmbH applies in addition to our privacy policy and these General Terms and Conditions. 

§ 5 Delivery Terms 

(1) The estimated delivery period is stated in the respective offer. Delivery dates and delivery periods are binding only if we have confirmed them in writing. In the case of advance payment by bank transfer, we will dispatch the goods only after the full purchase price, including shipping costs, has been credited to our account. Depending on the bank, the transfer may take up to five working days. 

(2) If a product ordered by you is unavailable for a reason for which we are not responsible despite a timely and appropriate covering transaction, we will inform you immediately. In the event of withdrawal, payments already made will be credited immediately. 

(3) Shipping is at your risk. At your request, we will take out appropriate transport insurance. You shall bear the costs incurred as a result. 

(4) Partial deliveries are permitted and may be invoiced separately by us, provided that this does not result in additional shipping costs for you. 

§ 6 Warranty 

(1) The warranty period is one year from delivery of the goods. This shortening of the period does not apply to damage arising from injury to life, body or health caused culpably by us, nor to damage caused by gross negligence or intent, fraudulent concealment or rights of recourse pursuant to §§ 478 and 479 of the German Civil Code (BGB). 

(2) Only our own information and the manufacturer’s product description shall be deemed the agreed quality of the goods. Other advertising, public statements or statements by the manufacturer shall not become part of the agreed quality. 

(3) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity. You must notify us in writing of obvious defects within seven days after receipt of the goods. Timely dispatch of the notification is sufficient to comply with the deadline. For hidden defects discovered later, this obligation applies from the time of their discovery. If the duty to inspect and give notice of defects is breached, the assertion of warranty claims is excluded. 

(4) In the event of defects, we shall provide warranty performance at our option by rectification or replacement delivery. If remedy of the defect fails, you may, at your option, demand a reduction of the purchase price or withdraw from the contract. Remedy of the defect shall generally be deemed to have failed after the second unsuccessful attempt, unless otherwise indicated in particular by the nature of the item, the defect or the other circumstances. In the event of rectification, we are not required to bear increased costs arising from the goods having been taken to a place other than the place of performance, unless such transfer corresponds to the intended use of the goods. 

§ 7 Right of Retention and Retention of Title 

(1) You may exercise a right of retention only insofar as it is based on claims arising from the same contractual relationship. 

(2) We retain title to the goods until all claims arising from the ongoing business relationship have been paid in full. Before title passes, you may neither pledge the goods subject to retention of title nor transfer them by way of security. 

(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising to you from the resale; we accept this assignment. You remain authorised to collect the claim. If you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves. 

(4) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the newly created item. The co-ownership share is determined by the ratio of the invoice value of the goods subject to retention of title to the value of the other processed items at the time of processing. 

(5) At your request, we will release securities insofar as their realisable value exceeds the claim to be secured by more than ten percent. We shall select the securities to be released. 

§ 8 Liability 

(1) We shall be liable without limitation for damage arising from injury to life, body or health. In addition, we shall be liable without limitation in cases of intent and gross negligence, fraudulent concealment of a defect, the assumption of a guarantee for the quality of the purchased item and in all other cases regulated by law. 

(2) Liability for defects under the statutory warranty is governed by the corresponding provisions in our Customer Information (Part II) and these General Terms and Conditions (Part I). 

(3) In the event of a slightly negligent breach of material contractual obligations, our liability is limited to the damage typical for the contract and foreseeable. Material contractual obligations are obligations arising from the nature of the contract whose breach would jeopardise achievement of the purpose of the contract. They also include obligations whose performance makes the proper execution of the contract possible in the first place and on compliance with which you may regularly rely. 

(4) Liability is excluded in the event of a slightly negligent breach of non-material contractual obligations. 

(5) Error-free, continuously available and secure data communication via the Internet cannot be guaranteed according to the current state of technology. We therefore accept no liability for the permanent or uninterrupted availability of the website and the services offered there. 

§ 9 Choice of Law, Place of Performance and Place of Jurisdiction 

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and place of jurisdiction is our registered office. 

These General Terms and Conditions were prepared by lawyers of Händlerbund specialising in Internet law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warning notices. Further information can be found at: http://www.haendlerbund.de/agb-service 

II. Customer Information 

1. Identity of the Seller 

Near Dark GmbH 

Bonner Str. 11 a 

53773 Hennef 

Germany 

Telephone: +49 (0) 2242 / 874 16-0 

Email: info@neardark.de 

2. Information on the Conclusion of the Contract 

The technical steps for conclusion of the contract, conclusion of the contract itself and the options for correcting your entries are governed by § 2 of our General Terms and Conditions (Part I). 

3. Contract Language and Storage of the Contract Text 

(3.1) The contract languages are German and English. 

(3.2) We do not store the complete contract text. Before submitting the order via the online shopping cart system or before sending an enquiry, you can print the contract data using your browser’s print function or save it electronically. 

4. Statutory Liability for Defects 

Liability for defects in our goods is governed by the provision “Warranty” in our General Terms and Conditions (Part I). 

5. Shipping and Payment 

The following terms apply: 

Shipping Terms 

The minimum order value is EUR 100.00 net. 

We deliver within Germany and worldwide. 

We take out transport insurance only at the express request of the contractual partner and at the contractual partner’s expense. 

Shipping Costs (plus statutory value added tax) 

Dangerous goods deliveries within Germany are possible by parcel shipment. 

Dangerous goods deliveries abroad are possible by freight forwarder, including on half pallets. We will provide the price upon request. 

Important notice: Before submitting your order, you are obliged to check the legality of the goods ordered and the import regulations of your country. We accept no liability for goods seized by customs because they violate the import regulations of your country.