Terms & Conditions

Inhaltsverzeichnis

  1. Imprint
  2. Scope of application
  3. Subject matter of contract
  4. Use of interactive services
  5. orders of goods
  6. Prices and terms of payment
  7. Rights and obligations of Nexarlab.com
  8. Rights and obligations of customers and users
  9. Regulation of author bonuses
  10. Data privacy declarations
  11. Complaints
  12. Exclusion of liability
  13. Limitation of claims
  14. Applicable law and place of jurisdiction
  15. Changes of the general terms and conditions
  16. Severability clause

1. Imprint

Nexarlab.com
Mr.
Rosario Frasca
Rüterspüelstrasse 2
8173 Neerach
Switzerland
Phone: +41 (0)76 615 72 27
e-mail: feedback@nexarlab.com

2. Scope of application

2.1 These General Terms and Conditions (hereinafter referred to as GTC) govern all contractual legal relationships in all contracts between nexarlab.com (NLB), its operator, as well as its brands/brands and therefore also with Nexarlab.com (hereinafter also referred to as: We, the Company or NLB) and its customers (hereinafter referred to as Customer or User).

2.2 The use of services of this blog, the purchase of goods and content in our eShop, their ordering, payment and delivery are regulated.

2.3 These GTC apply in the version valid at the time of the order or use of the services.

2.4 In the event of any discrepancies between the order confirmation and these GTC, the provisions set forth in the order confirmation shall prevail.

 

3. Subject matter of contract

3.1 NLB is a digital commerce and information marketing company. NLB provides services within the framework of information marketing, distributes editorial content and offers it for purchase in our e-shops as journalistic products. Part of our services are the distribution of goods, interactive offers (e.g. discussion forums or comment areas in blog entries), as well as e-books and other editorial content. We also do commerce with all sorts of goods. 

3.2 We operate the sale of goods. Postal delivery or delivery of goods is provided to a valid postal address. The order offer of physical goods, i.e. non-digital products is determined by Nexarlab.com and the Operator. The choice of shipping areas served is expressly reserved to NLB. Delivery of non-digital products may be restricted to certain territories by Nexarlab without notice. No correspondence or justification will be entered into regarding the selection of the territories to be supplied. 

3.3 We work in various affiliate programs together with partner companies, including amazon.com. When making purchases on the pages of our affiliate partners, their terms and conditions apply. This also applies if the transaction was initiated with the affiliate partner through one of our links. Nexarlab.com’s responsibility stops when a user is referred to an affiliate partner. 

3.4 The use of all our own services and deliveries from our product range shall be exclusively based on these GTC. 

3.5 Any GTC of the customer deviating from these GTC in whole or in part shall not be recognized unless we, Nexarlab, expressly agree to them in writing.

4. Use of interactive services

4.1 The use of interactive services offered is free of charge. However, it requires registration with a valid e-mail address and acceptance of these GTC, as well as our privacy policy. The e-mail address is always verified and only if the verification process is successfully completed will access and use of our services be granted.

4.2 On the part of a registering, new user there is no legal claim for activation. NLB has the sole right to decide on this.

4.3 Point 4.2 also remains valid for a user who, after exclusion or deletion of the respective account, registers again at his own request or requests this from us again.

5. Order of goods

5.1 Orders are made exclusively online over the e-shop or order page of a website operated by nexarlab.com

5.2 The conclusion of an order via the internet shall only be concluded when the customer receives an order confirmation from nexarlab.com by electronic mail.

5.3 If it is determined after the order confirmation that the delivery cannot be delivered in full because individual products are not available at short notice, we will inform the customer of this immediately. In such a case, the customer has the options under point 5.4 to choose from.

5.4 Cancellation is free of charge until 4 hours after sending the order confirmation. A notification e-mail is considered delivered 2 hours after dispatch. If it is determined after the order confirmation that the delivery cannot be made or cannot be made in full because individual products are not available at short notice, Nexarlab shall inform the customer of this immediately. In such a case, both the customer and we have the option of cancelling the entire order free of charge or accepting the partial delivery, in which case the customer will only be charged the delivery fee once. In both cases, the customer shall not be entitled to any compensation.

5.5 For goods ordered by weight, the basic price stated per unit of measure shall apply accordingly. The customer acknowledges that there may be slight differences in weight for these goods compared to the quantity stated in the order.

5.6 Nexarlab.com and the Operator expressly reserve the right to limit the delivery of non-digital products to the territories designated by Nexarlab without prior notice. No correspondence or justification will be entered into regarding the selection of the territories to be supplied. Delivery will be made directly to the delivery address and contact person provided by the customer. The delivery is carried out by a service provider selected and commissioned by us.

5.7 Editorial or information content that is purely digital in nature can be purchased worldwide, provided that its delivery is a (free and/or paid) download and thus the delivery is limited to purely digital information content. Likewise, points 5.3 – 5.6 are not applicable to digital products.

5.8 Nexarlab.com and the Operator are not liable for damage caused by absence upon delivery or by negligence on the part of the customer.

6. Prices and terms of payment

6.1  Prices are quoted in Swiss francs (CHF). If offered, dynamic currency conversion (DCC) is carried out exclusively at the expense of the customer. 

6.2 Packaging and shipping costs are charged separately and will be announced in the ordering process before the order is completed.

6.3 The charges under point 6.2 are levied depending on the place of delivery and the necessary packaging for the transport of the goods in accordance with the product. For this reason, they may vary.

6.4 All prices include the statutory value added tax.

6.5 Payment is currently made via the Internet payment service Paypal.com and the payment processor Stripe. We are working on providing more options for payment of our services. The payment schemes will be gradually expanded and implemented based on market demand as well as customer preferences.

7. Rights and obligations Nexarlab.com

7.1 The web presence of Nexarlab.com is divided into 3 segments: The content areas, the forums and the e-shops.

7.2 The content areas claim a copyright on the content and concepts. These texts and contents are considered as own texts.

7.3 The areas of the forums are regulated under the points 4. / 7.5 following/ 8./ 9. Its contents are understood as third party texts.

7.4 The e-shops are regulated as an area under Order of goods and Prices and terms of payment.

7.5 On the websites of Nexarlab.com the contributions are moderated and released after examination by us. The publication can also not be released. NLB has the sole right to post and thus publish or not, as well as to delete posts partially or completely or to remove them from the blog. The legal recourse in case of complaints is explicitly excluded.

7.6 NLB is not obliged to give reasons, justification, explanation or a statement about reasons for not publishing a customer contribution or also about the complete deletion or the deletion of parts of the contribution. The legal recourse in case of complaints is also excluded.

7.7 We reserve the right not to accept new registrations from users if the e-mail address provided could not be verified. 

7.8 Users can be excluded if there are doubts about the intentions of the natural person behind the user. Likewise we reserve ourselves this with improper expressions, comments to contributions, which are not to be understood constructively and which are not obligated to a fair exchange with the topic of nexarlab.com. Also in this case the legal process is excluded and we explicitly do not commit ourselves to any reason, justification, explanation or statement about reasons that led to this.

7.9 NLB is the sole owner of all claims about intellectual property of content, wordings, recipes, presented concepts about specific topics in  our web presences and also in inputs published in comments and posts on nexarlab.com or our web presences related to our topic.

7.10 Comments on posts, reviews of providers or in general of third parties are under the full responsibility of the posting user. Unless otherwise stated, these user posts reflect the opinions of the users and not the opinion of NLB. For this reason, any liability towards third parties or any claim for damages against NLB arising from such a context is excluded.

7.11 The users of our services agree with the acceptance of these terms and conditions to transfer all intellectual property rights of posts and contributions whose content are wordings, recipes, tea mixing instructions, presented concepts on the subject of tea and herbal tea, to NLB for the balance of all claims. Users thereby explicitly waive their intellectual property rights to and for the benefit of NLB.

7.12 The Operator particularly points out that there is no separate review of a content posted by a User through us. In view of the abundance of information entered and its permanent modification by users, a check is only carried out on a random basis and upon separate notice or in the event of justified indications as to the correctness of the content. The user in question is therefore responsible for the content he or she has written or posted. The content posted by the respective user is therefore third-party content for the operator. 

7.13 Posted comments and opinions, as well as the responsibility of posted links to third-party content are and remain the intellectual property of the respective User and are his full responsibility.

7.14 Links posted by users are not our responsibility. We sift through them as far as this is possible and reasonable. However, we explicitly distance ourselves from the content to which they lead and from the ideas that can be found there or are conveyed.

7.15 Users may not commercially reuse content, concepts and wordings in connection with the purposes of NLB or its brands. The content is under the sole copyright of NLB. We have the exclusive, unilateral and sole right of commercial use of our and all posted content on the subject treated on the brand’s online presence (see also points 7.1 – 7.9).

8. Rights and obligations of customers and users

Rights

8.1 The use of a user account is free of charge for the user.

8.2 Registered and verified users can write their own contributions and/or comment on published contributions.

8.3 If a user wishes to enter into a cooperation in the business sense with Nexarlab at any time, he can inform us of this by sending us an email. We are open to cooperations.

8.4 If a user’s contribution or input is used in an ebook, the user or its author may obtain a copy of the ebook free of charge. For this, the operator and the user have to get in contact. The ebook copy will be delivered by email and not as a download in the store.

8.5 The non-commercial use of the content is allowed for registered users (e.g. copying an ebook for a school class or in a non-commercially oriented community (e.g. a summer camp, a company event, where the topic is taken up to loosen up etc.). The condition here is the co-publication of the source “Nexarlab.com” as logo and as URL.

Obligations

8.6 The User undertakes to use a respectful vocabulary that is not hurtful, discriminatory or defamatory to others.

8.7 The User undertakes to express himself in a positive and constructive manner on topics treated in NLB web presences. 

8.8 Users may not publish advertising posts with links to affiliate programs. Especially in the case of out-of-context links to other stores or to products that have nothing to do with the discussed topic, the user who posts this will lead to immediate exclusion without notice. 

8.9 The User accepts decisions of NLB about exclusions or non-publications and deletions of whole posts or parts of them.

8.10 Each User acknowledges that information published on Nexarlab.com becomes the intellectual property of NLB in the sense of points 7.5 – 7.11. The User leaves all claims in this regard to NLB.

8.11 Users who express themselves improperly in posts, comments or contributions will be deleted from the registered user index. There is no right to information. The legal process is excluded.

8.12 The customer expressly declares with his declaration of intent directed at the conclusion of the contract that he is of age and fully legally competent. If he is not of age and / or not fully legally competent, he expressly assures with his declaration of intent to conclude the contract that he has the consent of his legal representative and is therefore entitled to this declaration of intent to conclude the contract.

9. Regulation of author bonuses

9.1 Users, who have contributed in an editorial product of NLB, find according regulations under point 8.

9.2If someone is interested to contribute and publish regularly and professionally for Nexarlab, we are interested. Please send us an email to bizdev@nexarlab.com in order to have a discussion on a future partnership. 

9.3 The cooperation with professional authors is regulated by a separate author contract with NLB.

10. Data privacy declaration

10.1 Our data privacy declaration is an integral part of these GTC.

11. Complaints

11.1 Complaints must be submitted by email to feedback@nexarlab.com. In order to process the complaint, we require the following information from the submitting party: surname, first name, address, email or telephone number and a brief description of the complaint. We allow a processing time of 72 hours until we get back to you with feedback on the issue.

12. Exclusion of liability

12.1 NLB reserves the right to change, expand, restrict, or discontinue the content, structure, and scope of the portal at any time. The User acknowledges that a permanent availability of the portal cannot be technically guaranteed and that there is no claim to this against the Operator.

12.2 The Operator is not responsible for the correctness and completeness of the content or the legal admissibility of the information available on the portal, nor for its usefulness for a particular purpose.

13. Limitation of claims

13.1 Claims against NLB  shall become time-barred within one year. 

For orders of goods the year starts with the date of delivery of the order notification, as described under point 5 of these GTC. 

For editorial content (regulated under point 7) the date on which a post or content was published will be the staring point of the one year period. The posting date is visible on the web content.

14. Applicable law and place of jurisdiction

14.1 These GTC are subject to Swiss law. The place of jurisdiction is exclusively CH – 8180 Bülach (ZH), Switzerland.

15. Changes of the general terms and conditions

15.1 Nexarlab and the Operator expressly reserve the right to adapt these GTC to the circumstances and unilaterally at any time, to amend them without prior notice and to have them come into force immediately.

16. Severability clause

16.1If any provision of these GTC or of the respective contract is or becomes invalid in whole or in part for factual or legal reasons, this shall not affect the validity of the remaining provisions; these shall continue to apply unchanged. Instead of the invalid provision, the relevant statutory provisions shall apply.

Neerach, 29.06.2023

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