Terms & conditions
§ 1 Scope
These terms and conditions apply exclusively between Subtel GmbH and the customer residing permanently in Finland, in the form presented on the Subtel GmbH website at the time of order. The terms can be saved or printed for the order and apply to all orders where Subtel GmbH is a contracting party.
§ 2 Offer and Formation of Contract
A contract is considered accepted in the www.subtel.fi online store when Subtel GmbH has sent the customer an order confirmation, or at the latest when the customer unconditionally accepts the order. The product description in the online store is an invitation for the customer to make a purchase offer. The purchase offer made by the customer to Subtel GmbH is binding when the customer has provided the necessary information for the online store ordering process and completed the ordering process by pressing the "Order" button. After placing the order, the customer receives an order confirmation to the provided email address. The contract is concluded with the sending of this order confirmation.
Any errors in writing or printing or transmission errors related to price determination during the order confirmation process entitle Subtel GmbH to cancel the contract. Subtel GmbH is obligated to prove the error. Payments made will be immediately refunded.
§ 3 Retention of Title
Subtel GmbH retains ownership of the goods until full payment is made. If payment for the order is not fully completed, the customer is not entitled to forward the goods.
Subtel GmbH is entitled to terminate the contract in case of a breach of contract by the customer (e.g., cessation of installment payments) and demand the return of the product under retention.
§ 4 Limitation of Liability
Subtel GmbH is liable for damages caused by slight negligence only if a particularly important obligation (cardinal obligation) crucial to the purpose of the contract is not fulfilled. Liability is limited to damages that are typically expected within the scope of this contract. Specifically, Subtel GmbH is not liable for loss of earnings or other damages incurred by the customer. The limitation of liability also applies accordingly to damages caused by slight negligence by Subtel GmbH’s legal representatives, employees, or persons in a similar position.
The limitation of liability applies equally to unauthorized actions. The limitation of liability does not restrict statutory liability concerning personal injury, product liability laws, and damage caused during contract negotiations.
§ 5 Customer Cancellation Rights in the www.subtel.fi Online Store
Cancellation of Sale - As an individual, the customer has the statutory right to cancel the sale within 14 days in writing (e.g., by post, fax, email) without stating reasons, or by returning the product if the product has been delivered to the subscriber before the expiry of the period. The period begins with the written receipt of the cancellation terms, but not before the recipient receives the product (in the case of repeated delivery of similar products not before the receipt of the first delivery) and not before Subtel GmbH has fulfilled its obligation to provide information in accordance with Article 246 § 2 of the EGBGB and related § 1 paragraph 1 and 2, as well as § 312g paragraph 1 of the BGB and the related Article 246 § 3 of the EGBGB. The cancellation period is considered observed if the goods or notification are sent in time.
Contact information for cancellation:
subtel c/o Regus Pasilanportti
Kyllikinportti 2
00240 Helsinki
Phone: 0800 918 243 (Mon-Fri: 10:00-18:00)
Email: info@subtel.fi
Consequences of Cancellation
If the sale is cancelled, both parties must return any performances and any benefits derived (e.g., interests). If the value of the ordered products or other benefits (e.g., user benefits) cannot be returned, or if they are returned in a deteriorated condition, their value must be compensated. Compensation obligation applies only if the loss in value or deterioration of condition of the ordered product is due to handling beyond what is necessary for checking the product. The customer has the right to examine the product in the same way as would be possible in a store. He has the right to open the packaging, familiarize himself with the instructions, and try out the product without losing the right to return. The right to return ends when the product is taken into use.
Products that can be returned by parcel are returned at our expense. Products that cannot be sent by parcel are collected. Payment claims must be made within 30 days. The subscriber's deadline starts from the announcement of cancellation of the sale or during the sending of the product, Subtel GmbH's deadline starts upon the receipt of the goods. Upon the return of the product, the contract is terminated, and Subtel GmbH pays back the purchase price by bank transfer to the subscriber within 30 days.
Excluding cases where the sent product does not match the ordered, Subtel GmbH does not reimburse costs incurred to the subscriber during the ordering and product receipt process.
Return Conditions of Goods
The original packaging delivered with the ordered product is part of the order, which must also be returned if the contract is canceled or terminated. Therefore, the subscriber must send the product in the original packaging. In the event that the subscriber does not send the product in the original packaging, he is liable for compensation to that extent (§ 346 paragraph 2 and § 357 paragraph 3 of the BGB). Therefore, Subtel GmbH recommends retaining the original packaging in case returning the product becomes necessary. Sending the ordered products in their original packaging to Subtel GmbH does not affect the right to cancel or terminate the contract.
The returned order should be sent to: subtel GmbH Kumpulantie 3, 3rd floor 00520 Helsinki
§ 7 Business Customers
The cancellation of a contract concluded during distance selling according to §§ 312d and 355 of the BGB does not apply to entrepreneurs or other commercial operators. Therefore, sections 5 and 6 of these terms and conditions do not apply to them.
§ 8 Delivery
Subtel GmbH delivers products that are available at the time of the order. Subtel GmbH does not take procurement risks. Thus, Subtel GmbH is entitled to cancel the contract if the ordered product is no longer available at the time of the order. This will be immediately communicated to the subscriber. If there is no equivalent replacement product available or if the subscriber does not accept an equivalent replacement product, Subtel GmbH will reimburse all performances made by the subscriber during the order.
If the delivery of the ordered product fails three times, Subtel GmbH is entitled to cancel the contract. Payments made up to that point will be refunded. The delivery time of the products is stated in the product description. Depending on the availability of the product, orders are processed and dispatched on weekdays (Monday – Friday) until 5:00 PM.
§ 9 Prices
The stated final price includes the legally required value-added tax and delivery costs.
§ 10 Delivery Costs
For intra-EU deliveries, Subtel GmbH charges 2.95 EUR. No delivery fee is charged within Germany when the gross value of the shipment is at least 75 EUR. Inside the EU, no delivery fee is charged when the order's gross value is at least 150 EUR. For deliveries outside the EU, the delivery fee is 5.95 EUR.
§ 11 Payment Methods
Payment methods - In the Subtel GmbH online store, you can use the following payment methods: Bank transfer, credit card, PayPal.
Bank transfer - After placing the order, Subtel GmbH confirms this by email, which includes Subtel GmbH's bank details. The bank details are intended for the payment of the order. When the payment is received in the account, the order is dispatched, and the subscriber is notified separately by email.
PayPal - Payment must be sent to Subtel GmbH's PayPal account: paypal@subtel.de. If the subscriber makes the payment on weekdays (Monday – Friday) by 5:00 PM, the order is dispatched the same day, provided that the product is available.
Credit cards - When shopping in the Subtel GmbH online store, the subscriber can choose between different payment options. Accepted credit cards are Visa, MasterCard, and American Express. The credit card is charged after the order is completed.
After a complaint or return, Subtel GmbH credits payments made within two weeks to the subscriber's credit card account.
§ 12 Product Damage During Delivery
If the product is damaged during delivery, the subscriber is requested to contact the delivery service and immediately Subtel GmbH (info@subtel.fi).
§ 13 Data Protection
General - Personal data is processed in connection with the order, credit granting, billing, collection, customer contacts, transactions, customer surveys, service development, reporting, marketing, and other customer management actions. The applicable laws are the Bundesdatenschutzgesetz (BDSG) and the Telemediengesetz (TMG).
Customer data transfer - Subtel GmbH transfers customer data to a third party only in connection with delivery and within the limits permitted and required by applicable law.
Additional services - Additional services offered by Subtel GmbH (customer account, Newsletter) require the subscriber's approval according to applicable laws. This can be revoked on the online store pages, by email, or by phone.
Cookies - Subtel GmbH uses cookies in the online store, which store selections related to the shopping cart for the subscriber's next visit to Subtel GmbH's online store. Shopping in Subtel GmbH's online store requires the subscriber's contact details. If the subscriber is already a customer of Subtel GmbH, they can log in to the online store using their email address and personal password. The information stored in a cookie facilitates the subscriber when filling out the questionnaire form. The subscriber can apply in their browser the use of cookies and also limit their use. Blocking the use of cookies restricts the use of the online store.
Econda GmbH (http://www.econda.de) assists in improving Subtel GmbH's service by collecting anonymized information and forming anonymized user profiles from this. For this purpose, Subtel GmbH uses cookies in the online store, which makes it possible to recognize the browsing program. No connection is made between user profiles and anonymized databases without the subscriber's approval. Among other things, the IP address is anonymized immediately in this context so that the created user profiles are not connected to the user's IP address. The subscriber can at any time prohibit the use of their data here: http://www.econda.de/econda/datenschutz/widerruf-datenspeicherung.html
Data Controller
The registry is responsible for:
subtel GmbH
Mainzer Str. 3
D-10247 Berlin
Germany
Data storage - The information provided at the time of the order is stored and these are sent along with the Terms and Conditions by email to the subscriber. The Terms and Conditions are readable here. The customer can check the information provided at the time of the order in the secured Login area.
Right to check, update, prohibit processing, delete data The customer has the right to check, update, prohibit processing, and if necessary, delete their data for free. For contact, the customer can send an email (info@subtel.fi) or alternatively do this by mail or fax.
§ 14 Legal Venue and Applicable Law
In disputes that may arise in connection with an order, German law applies.
Provided that the subscriber is a merchant/reseller, commercial operator, entrepreneur, public sector legal entity, or a special fund of the public sector, the legal venue for all legal actions initiated against Subtel GmbH is Berlin, Germany. The same applies to all legal actions initiated by Subtel GmbH against subscribers.
§ 15 Company Information
subtel GmbH
Mainzer Str. 3
D-10247 Berlin
Germany
Phone: 0800 918 243 (Mon-Fri: 10:00 AM - 6:00 PM)
Email: info@subtel.fi
Commercial Register Number: HRB 135199 B
Registered at: Berlin Charlottenburg Local Court
Business ID: 2481457-8
VAT ID No.: FI24814578
§ 16 Resolution
The laws of the Federal Republic of Germany apply to general terms and conditions as well as all legal relationships between Subtel GmbH and another contracting party, excluding the UN International Sales Law.