Terms of sale for NFC cards

Scope and contracting party

These terms apply to the purchase of NFC review cards in the online shop. The contracting party is XARC Solutions SHPK, Rruga Ali Demi, Ndërtesa P.263, Hyrja 1, Ap. 1, 1000 Tiranë, Albania, NUIS M62025025R, trading under the brand Trufy (the “Provider”), email kontakt@trufy.de.

NFC review cards can be bought by consumers within the meaning of Section 13 of the German Civil Code (BGB) and by businesses within the meaning of Section 14 BGB; where these terms distinguish between the two, this is stated expressly.

Conclusion of the contract

The presentation of goods in the online shop is not a binding offer but an invitation to place an order. By submitting the order with the button “Order with obligation to pay”, the customer makes a binding offer. The contract is concluded when the Provider confirms the order by email. The contract text is stored; the customer receives it together with the invoice by email and can check the status of the order at any time via the link in the confirmation.

Prices, shipping and delivery

The prices shown in the shop at the time of the order apply. All prices are net prices; the invoice amount does not include VAT. Any VAT, import VAT and customs duties in the country of destination are borne by the buyer. Shipping costs are added to the prices and are shown separately before the order is completed. From an order quantity of 10 cards there are no shipping costs. Delivery is made to the European countries that can be selected at checkout. Cards are shipped from Albania with tracking; delivery usually takes 7–12 days after receipt of payment. Delivery times stated are non-binding estimates and not guaranteed characteristics.

Payment and retention of title

Payment is made in advance by bank transfer or through the payment service provider Stripe with Visa, Mastercard, American Express, Apple Pay, Google Pay or Klarna; the payment methods offered at checkout are available. For payment in advance, the customer receives the invoice with the bank details by email immediately after ordering; the goods are shipped once payment has been received. The goods remain the property of the Provider until paid in full.

Programming, warranty and returns

Before shipping, the cards are programmed with the target address provided by the customer (Google profile or review link). The customer is responsible for the accuracy of this information. As the cards are thus made individually to the customer’s specification, returns of goods without defects are excluded. The statutory warranty applies. For consumers the statutory limitation period of two years from delivery applies; for businesses it is one year from delivery. If the customer is a merchant (Kaufmann), the customer must inspect the goods without delay after receipt and report any apparent defects without delay (Section 377 of the German Commercial Code, HGB).

Right of withdrawal

Businesses have no statutory right of withdrawal. For distance contracts, consumers generally have a right of withdrawal of 14 days. However, this right does not exist for contracts for goods made to the consumer’s specifications or clearly personalised (Section 312g(2) no. 1 BGB, Art. 16(c) of Directive 2011/83/EU). The NFC cards are programmed with the Google profile provided by the customer before shipping; there is therefore no right of withdrawal for them. The Provider points this out before the order is placed.

Regardless of this, the Provider examines every complaint; in the case of a programming error for which the Provider is responsible, it supplies replacement cards free of charge.

Liability

The Provider is liable only for damage caused by gross negligence or intent. Liability for loss of profit or indirect damage is excluded. Liability is limited to the value of the order. These limitations do not apply to damage resulting from injury to life, body or health, to claims under the German Product Liability Act (Produkthaftungsgesetz), or where mandatory consumer protection provisions provide for further liability.

Applicable law, place of jurisdiction and final provision

The law of the Republic of Albania applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, this choice of law applies only insofar as it does not deprive the consumer of the protection of the mandatory provisions of the country in which the consumer has their habitual residence. If the customer is a business, the exclusive place of jurisdiction for all disputes arising from this contract is Tiranë, Albania; for consumers this jurisdiction agreement does not apply, and the statutory places of jurisdiction remain.

Should individual provisions of these terms be invalid, the validity of the remaining provisions shall not be affected.