terms and conditions
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all business relationships between Nexoora, Austria (hereinafter referred to as "Nexoora")
and its customers (hereinafter referred to as "Customer").
1.2 Nexoora provides its services exclusively to companies within the meaning of the Austrian Commercial Code (UGB) (B2B). Transactions with consumers are excluded.
1.3 Any deviating or supplementary terms and conditions of the customer shall not apply unless they have been expressly agreed in writing.
2. Subject matter of the service
2.1 Nexoora provides services in the areas of B2B sourcing, supplier research, supplier qualification, trade brokerage, and project-based coordination, with a particular focus on manufacturers in China.
2.2 Nexoora acts exclusively as an independent intermediary and project partner.
Nexoora is not an importer, distributor, dealer, manufacturer, or logistics service provider.
2.3 Contracts, orders, delivery agreements, and payment arrangements are made exclusively between the customer and the respective manufacturer or service provider.
3. Project-based collaboration
3.1 All services provided by Nexoora are project-based and based on an individually defined project scope.
3.2 A project is considered to have started as soon as:
- a written offer has been accepted and
- the agreed fixed amount was paid.
3.3 A project shall be deemed completed as soon as Nexoora:
- has researched and presented qualified suppliers, and
4. Customer briefing & obligations to cooperate
4.1 A complete and binding customer briefing is a prerequisite for the provision of services.
4.2 The customer undertakes to provide all information relevant to the project in a complete, correct, and timely manner, in particular regarding:
- product specifications
- Target prices and budget framework
- Quantities and volumes
- Target market and positioning
- Branding and personalization requirements
- logistical preferences
4.3 Nexoora shall not be held responsible for delays or additional expenses resulting from incomplete or incorrect information.
5. Remuneration (fixed salary & commission)
5.1 Remuneration is generally based on a fixed project fee (fixed amount).
5.2 The fixed fee covers the services within the agreed scope of the project and is due before the start of the project.
5.3 A performance-related commission may be agreed in addition, provided that an actual business transaction is concluded between the customer and the manufacturer.
5.4 The fixed fee shall not be refunded even if no business transaction is concluded.
6. No guarantee of success
6.1 Nexoora does not guarantee economic success, the conclusion of a contract, or minimum prices.
6.2 The subject matter of the service is the structured, professional, and careful execution of the agreed-upon project, not a specific economic result.
7. Liability
7.1 Nexoora shall only be liable for damages caused by intentional or grossly negligent conduct.
7.2 Liability for:
- manufacturing defect
- quality defects
- delivery delays
- price changes
- Customs, transport, or logistics issues
is excluded, as these services are outside Nexoora's area of responsibility.
7.3 Liability is limited to the order value of the respective project, to the extent permitted by law.
8. Confidentiality
8.1 Both parties undertake to maintain strict confidentiality regarding all information that is not publicly known.
8.2 This obligation shall remain in force even after the end of the cooperation.
9. Exclusivity
9.1 Exclusivity shall only apply if expressly agreed in writing.
9.2 Unless otherwise agreed, Nexoora shall be entitled to work for other clients at the same time.
10. Termination of contract
10.1 Ordinary termination during an ongoing project is excluded.
10.2 In the event of premature termination by the customer, the claim to the fixed fee remains in full force.
11. Final provisions
11.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 The place of jurisdiction is—to the extent permissible— the registered office of Nexoora.
11.3 Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.