Terms and Conditions

General Terms and Conditions

LaptopNu — Direct Purchase & Subscription (Lease) Orders

Article 1 — Definitions

In these terms and conditions, the following definitions apply:

• "Provider", "LaptopNu", "we", "us": Zylyx UG (haftungsbeschränkt), trading as LaptopNu, as further identified in Article 2.
• "Customer", "you": any natural person or legal entity who places an Order with the Provider.
• "Consumer": a Customer who is a natural person acting for purposes outside their trade, business, craft, or profession.
• "Website": laptopnu.com and its NL, DE, and EN country/language versions.
• "Product": a laptop and, where applicable, related accessories and software licences offered on the Website.
• "Purchase Order": an Order to buy a Product outright for a one-off price, under which ownership transfers to the Customer.
• "Subscription" / "Subscription Order": an Order to use a Product for a recurring fee, under which the Product remains the property of the Provider at all times.
• "Payment Provider": Mollie B.V., the payment service provider engaged by the Provider to process one-off payments and to collect recurring Subscription payments by SEPA Direct Debit.
• "Order Confirmation": the Provider's written (incl. email) confirmation that an Order has been accepted.
• "Right of Withdrawal": the statutory right of a Consumer to withdraw from a distance contract within the Cooling-off Period without giving reasons.
• "Cooling-off Period": the period of 14 calendar days referred to in Article 8.
• "Business Day": any day other than a Saturday, Sunday, or public holiday in Germany.

Article 2 — Provider Details

Zylyx UG (haftungsbeschränkt)
Dr.-Gessler-Straße 12
93051 Regensburg, Germany
Commercial register: Amtsgericht Regensburg, HRB 22451
VAT identification number (USt-IdNr.): [pending]
Email: service@laptopnu.com | Website: laptopnu.com

Article 3 — Scope and Applicability

1. These General Terms and Conditions ("Terms") apply to every offer made by the Provider and to every contract concluded between the Provider and the Customer via the Website, whether as a Purchase Order or a Subscription Order.

2. Any terms proposed by the Customer that deviate from or supplement these Terms only apply if the Provider has expressly confirmed them in writing.

3. If any provision of these Terms is or becomes invalid, the remainder of the contract and these Terms remain in force. The invalid provision is replaced by a valid provision that comes as close as possible to its original commercial purpose.

4. Where these Terms are made available in Dutch, German, and English, the English version is the legally controlling version in case of discrepancy, unless mandatory local consumer-protection law requires otherwise.

Article 4 — Offers, Ordering, and Conclusion of Contract

1. All offers on the Website are non-binding. The Provider may change prices, specifications, and availability at any time. Obvious errors or mistakes (e.g. evident pricing errors) do not bind the Provider.

2. To place an Order, the Customer selects a Product and chooses between a Purchase Order and a Subscription Order, completes checkout, and pays or authorises payment as described in Article 6.

3. The contract is concluded once the Provider sends an Order Confirmation by email. Until that confirmation is sent, the Customer may cancel the Order free of charge.

4. For Subscription Orders in particular, the Provider may assess the Customer's creditworthiness (e.g. through the information the Customer provides, prior payment history, or a third-party check). If there are justified doubts about the Customer's solvency, the Provider may decline the Order, request a different payment method, or terminate an existing Subscription in accordance with Article 11.

5. Every Order is subject to the Product being available. If a Product becomes unavailable after ordering, Article 7(3) applies.

6. Only persons aged 18 or over may place an Order.

Article 5 — Two Ways to Get Your Laptop

5.1 Direct Purchase

The Customer buys the Product outright for a single, one-off price. Ownership passes to the Customer in accordance with Article 9.

5.2 Subscription (Lease)

The Customer pays a recurring fee for the right to use the Product, choosing one of the plans in Article 10.3. The Product remains the property of the Provider throughout the Subscription and after it ends, in accordance with Article 10.

Article 6 — Prices and Payment

1. All prices shown on the Website are in EUR and include statutory VAT unless stated otherwise, printing and typesetting errors excepted.

2. Payments are processed by the Payment Provider, Mollie B.V. Mollie's own applicable terms and privacy policy govern the processing of the payment itself, in addition to these Terms.

6.1 Direct Purchase — payment methods

Purchase Orders are paid in full, in one instalment, at checkout using the payment methods offered for the Customer's country, which may include iDEAL, credit/debit card, Pay by Bank, and other methods supported by Mollie.

6.2 Subscription — payment methods and Direct Debit mandate

Netherlands: the first payment is made via iDEAL or Wero. This first payment also verifies the Customer's bank account and sets up a SEPA Direct Debit mandate through Mollie. All subsequent recurring Subscription fees are then collected by SEPA Direct Debit from that account.

Germany: the first payment is made via Pay by Bank, which likewise verifies the Customer's bank account and sets up a SEPA Direct Debit mandate through Mollie. All subsequent recurring Subscription fees are collected by SEPA Direct Debit.

By completing the first payment, the Customer authorises the Provider, via Mollie, to collect the recurring Subscription fee (and any other amounts due under the Subscription, such as late-return charges under Article 10) from the linked account for as long as the Subscription continues. The Customer must hold a SEPA-reachable bank account in their own name and keep it sufficiently funded.

6.3 Failed, declined, or reversed payments

If a payment or a Direct Debit collection is declined, fails, or is reversed (e.g. through a chargeback or an unjustified recall), the Provider will notify the Customer and may retry collection. A reminder fee of €10.00 is charged for each failed collection that requires a reminder. Continued or repeated payment failure is treated as a breach under Article 11 and handled as set out in Article 10.6.

Article 7 — Delivery

1. The Provider aims to ship the Product within three (3) Business Days of the Order Confirmation and cleared/authorised payment. This is a target, not a binding deadline, and does not affect the Customer's statutory rights.

2. Exceeding this target does not, by itself, entitle the Customer to compensation, but the Customer retains all statutory remedies for significant delay.

3. If the ordered Product is unexpectedly unavailable, the Provider may offer an equivalent replacement Product of at least the same quality; the Customer is free to reject the replacement and receive a full refund instead.

4. For Consumers, risk of loss or damage to the Product passes upon receipt of the Product. For business Customers, risk passes upon handover to the carrier.

Article 8 — Right of Withdrawal (14-Day Cooling-off Period)

1. This Article implements the statutory Right of Withdrawal available to Consumers under EU and German/Dutch distance-selling law and applies to both Purchase Orders and Subscription Orders.

2. The Consumer may withdraw from the contract within 14 calendar days without giving any reason. This period runs from the day the Product is received (Purchase Order) or from the day the contract is concluded (Subscription Order, to the extent it is a services contract).

3. To withdraw, the Consumer must inform the Provider of their decision by an unambiguous statement (e.g. by email to service@laptopnu.com) before the Cooling-off Period expires. A model withdrawal form is provided in Annex A.

4. If the Consumer withdraws, the Provider refunds all payments received from the Consumer, including standard delivery costs, without undue delay and in any event within 14 days of being informed of the withdrawal — for goods, the Provider may withhold the refund until the Product has been received back or proof of return shipment has been provided. The Consumer bears the direct cost of returning the Product.

5. The Right of Withdrawal does not apply to sealed software or digital licences once activated/installed, or to Products that have been personalised or clearly used beyond what is necessary to establish their nature and function.

6. This statutory cooling-off right is separate from, and not to be confused with, the contractual return obligation that applies once a Subscription ends after the Cooling-off Period — see Article 10.4.

Article 9 — Terms Specific to Direct Purchase

1. Ownership of the Product transfers to the Customer once the full purchase price has been received by the Provider, which for a one-off online payment normally coincides with delivery.

2. Consumers benefit from the statutory two-year warranty against defects (Sachmängelhaftung) from the date of delivery, in line with mandatory German consumer-protection law and the equivalent minimum EU standard for cross-border Consumers.

3. Where a Product is sold as refurbished, graded, or open-box, its condition is described on the relevant product listing; that description forms part of the contract.

Article 10 — Terms Specific to Subscriptions

10.1 Ownership

The Product (and any accessories supplied with it) remains the property of Zylyx UG (LaptopNu) at all times during and after the Subscription. The Customer receives only a right to use the Product for the duration of the Subscription.

10.2 Permitted use

The Customer must treat the Product with reasonable care, use it only for its intended purpose, and may not sell, sublet, pledge, or otherwise transfer it to a third party. The Customer must promptly notify the Provider of any change to their address, bank account, or contact details.

10.3 Subscription plans, term, and notice

At checkout, the Customer chooses one of the following Subscription plans:

• Flex: no minimum term. Either party may terminate the Subscription at any time with one (1) month's notice.
• 1-Year: minimum term of 12 months. Either party may terminate the Subscription with one (1) month's notice, effective at the earliest at the end of the minimum term.
• 2-Year: minimum term of 24 months. Either party may terminate the Subscription with one (1) month's notice, effective at the earliest at the end of the minimum term.

After the minimum term (if any) has elapsed, the Subscription automatically continues for an indefinite period until terminated by either party in writing (including by email to service@laptopnu.com) with one (1) month's notice, effective at the end of a calendar month.

10.4 Return of the Product when the Subscription ends

Within one (1) week (7 calendar days) of the Subscription ending — whether through regular termination, withdrawal during the Cooling-off Period, or termination for cause under Article 11 — the Customer must return the Product and all accessories to the Provider, in the manner and using the return method specified by the Provider. Subscription fees continue to accrue for each day the Product has not been returned. If the Product is not returned within this 7-day period, Article 10.5 applies.

10.5 Failure to return the Product

If the Product is not returned within the period in Article 10.4, the Provider may, without prejudice to any other rights:

• charge a daily fee corresponding to the ongoing Subscription rate for each additional day, up to a maximum of 10 days;
• after that, charge a replacement-value fee of 12× the monthly Subscription fee, plus a €50.00 administration fee;
• engage a debt collection agency to recover the Product and/or the amounts owed, at the Customer's expense to the extent permitted by law;
• where there are indications of intentional withholding rather than a genuine delay, report the matter to the police.

10.6 Payment default and repossession

If a Subscription payment is declined and remains unpaid after a reminder (Article 6.3) and a grace period of 14 days, the Provider may terminate the Subscription for cause under Article 11, demand immediate return of the Product under Article 10.4, and engage a debt collection agency to recover the Product and/or the outstanding amount.

10.7 Damage, loss, and theft

1. The Customer must report loss or theft of the Product within 24 hours and cooperate with any police report the Provider requires for insurance purposes.

2. Damage beyond normal wear and tear, loss, or theft will be charged to the Customer based on the reasonable cost of repair or, where repair is not possible or economical, the replacement cost of an equivalent device — in each case reflecting the Product's age and condition immediately before the damage occurred, and without any fixed deductible multiplier.

Article 11 — Breach, Termination for Cause, and Repossession

1. The Provider may terminate a Subscription with immediate effect, without notice, in the event of: payment default that is not remedied within the grace period referred to in Article 10.6; the Customer's insolvency; use of the Product in breach of Article 10.2; or the Customer providing materially false information.

2. Termination for cause triggers the return obligation in Article 10.4 and, where applicable, the repossession and collection measures in Articles 10.5 and 10.6.

3. The Customer may terminate a Subscription with immediate effect if the Provider seriously and persistently fails to meet its obligations after having been given a reasonable opportunity to remedy the failure.

Article 12 — Liability

1. The Provider is liable without limitation for damage caused intentionally or by gross negligence, and for injury to life, body, or health, as well as under mandatory product-liability law.

2. For damage caused by ordinary negligence in breach of a material contractual obligation (Kardinalpflicht) — i.e. an obligation whose fulfilment is essential to the proper performance of the contract and on which the Customer regularly relies — the Provider's liability is limited to the foreseeable, typical damage for contracts of this kind, assessed case by case. No additional fixed monetary cap applies, consistent with the actual-cost approach used for damage/loss claims in Article 10.7.

3. Liability for ordinary negligence beyond the above is excluded, to the extent permitted by law. This limitation does not affect any liability that cannot lawfully be excluded or limited.

Article 13 — Data Protection

The Provider processes personal data in accordance with applicable data-protection law (including the GDPR) and its privacy policy, available at [insert privacy-policy URL]. Payment data is shared with Mollie B.V. as strictly necessary to process payments and, for Subscriptions, to manage the SEPA Direct Debit mandate, in accordance with Mollie's own privacy policy.

Article 14 — Governing Law and Dispute Resolution

1. These Terms are governed by the law of the Federal Republic of Germany, without prejudice to any mandatory consumer-protection provisions of the country in which a Consumer habitually resides (e.g. the Netherlands), which continue to apply to that Consumer regardless of this choice of law, in accordance with Article 6 of the Rome I Regulation.

2. Consumers residing in the EU can also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. The Provider is not obliged, and does not commit, to take part in dispute-resolution proceedings before a consumer arbitration board.

Article 15 — Amendments to these Terms

The Provider may amend these Terms at any time. Changes will be published on the Website and, where they affect an ongoing Subscription, notified to the Customer by email at least one (1) month before they take effect — matching the notice period used elsewhere in these Terms. If a change is materially unfavourable to the Customer, the Customer may terminate the affected Subscription, effective from the date the change would otherwise apply.

Article 16 — Final Provisions

1. If any part of these Terms is invalid or unenforceable, the remaining parts remain in effect (see also Article 3.3).

2. The Provider may assign its rights and obligations under a contract to a third party (e.g. in connection with a business transfer), provided this does not materially disadvantage the Customer.

3. Questions, complaints, and notices should be sent to service@laptopnu.com.

Annex A — Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Zylyx UG (haftungsbeschränkt), Dr.-Gessler-Straße 12, 93051 Regensburg, Germany, service@laptopnu.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of the following goods (*)/ for the provision of the following service (*):
Ordered on (*)/received on (*): _______________________
Name of consumer(s): _______________________
Address of consumer(s): _______________________
Signature of consumer(s) (only if this form is notified on paper): _______________________
Date: _______________________
(*) Delete as appropriate.