Terms of Service of Nykta GmbH
1. Scope of Application
These Terms of Service govern the processing of service, support, and warranty claims for computer systems of the Nykta brand manufactured and distributed by Nykta GmbH.
They apply in addition to the statutory rights of the customer, in particular those arising from the statutory legal guarantee of conformity and the right of withdrawal. These rights are neither restricted nor excluded by these Terms of Service.
Any deviating or supplementary warranty conditions of Nykta GmbH remain unaffected.
2. Support and Contact
In the event of a service claim, the customer may contact the support team of Nykta GmbH via the designated communication channels (e.g., email or ticket system).
To process a request, a description of the fault that is as precise as possible, as well as the serial number of the product, may be required.
3. Service Process (RMA Processing)
In the event of a service claim, processing is generally carried out in accordance with the RMA (Return Material Authorization) procedure:
- Contacting the support team
- Fault analysis by customer service
- Issuance of an RMA number and shipping authorization
- Submission of the device or the affected component by the customer
- Inspection and processing by Nykta GmbH
The issued RMA number is generally valid for 30 calendar days from the date of issue. If the item is not submitted within this period, it may be necessary to contact customer service again.
Submissions without a valid RMA number cannot be processed.
4. Optional Component Exchange (Partial RMA)
At the customer's request and following prior coordination with Nykta GmbH, only the affected component may be sent in for service instead of the entire system.
In this case, the customer removes the corresponding component after authorization by customer service and sends it in for inspection. Upon successful processing, the customer will receive a fully functional replacement part. In this context, a technically equivalent or newer replacement product may also be provided.
The use of a component exchange is entirely at the customer's request. However, Nykta GmbH may still recommend sending in the complete system in individual cases, particularly if a reliable fault analysis is otherwise not possible.
The customer has no fundamental right to an advance replacement (receipt of a replacement component prior to sending in the defective part). Nykta GmbH reserves the right, however, to offer an advance replacement with or without security in justified individual cases and at its own discretion (e.g., based on the value of the component or the customer's history).
Nykta GmbH assumes no liability for damages occurring in connection with the removal or installation of components carried out by the customer, provided that such damages are attributable to improper execution, mechanical impacts, or electrostatic discharge (ESD). Claims arising from the statutory legal guarantee of conformity or any commercial warranty granted remain unaffected, provided that the asserted defect was not caused by the removal or installation.
5. Shipping and Processing
In the event of a service claim, Nykta GmbH will provide the customer with a pre-paid shipping label free of charge. This allows for a straightforward submission of the device via the designated shipping service provider.
The free shipping label is provided exclusively for shipments within the country to which the product was originally delivered. If the shipment is sent from abroad, the customer shall bear any additional transport and customs costs that may arise, unless a deviating written agreement has been made in advance.
The customer shall drop off the securely packaged device at the specified shipping service provider. A separate collection from the customer's premises will not take place.
Shipments sent without pre-paid carriage (unfrei) cannot be accepted.
Only the devices, components, or accessories requested by customer service are to be sent in. Unrequested accessories (e.g., cables, adapters, USB devices, data carriers, or other accessories) are generally not required for processing. Nykta GmbH assumes no responsibility for accessories sent in error. We strongly recommend checking the system for third-party or unrequested accessories before shipping.
6. Packaging and Transport Protection
The customer is responsible for the professional and transport-safe packaging of the sent-in goods. This also applies to the optional component exchange (Partial RMA).
For the shipping of computer systems, Nykta GmbH explicitly recommends using the original shipping packaging, consisting of the original outer box, chassis packaging, cushioning materials, and the supplied internal transport protection (e.g., Instapack). This packaging is specifically designed for the safe transport of the respective system.
If damage is detected during transport despite the original packaging, including the designated transport protection, being used properly, Nykta GmbH assumes responsibility for this within the scope of statutory and contractual provisions.
If the customer uses unsuitable packaging or if the designated transport protections are not used properly, the customer shall be liable for any additional transport damage caused thereby, provided that the customer caused the transport damage intentionally or through gross negligence. Statutory claims due to defects existing prior to transport, as well as claims arising from a granted warranty, remain unaffected by this.
If there are doubts regarding suitable packaging or the correct use of the original packaging, cushioning materials, or internal transport protection (e.g., Instapack), Nykta GmbH's customer service must be contacted prior to shipping. Nykta GmbH will gladly assist the customer in selecting suitable packaging and answer questions on properly preparing the system for shipment.
If the original packaging is no longer available or is incomplete, Nykta GmbH can provide suitable replacement packaging upon request. A fee of currently EUR 19.90 plus shipping costs will be charged for this.
If the submitted system features factory-installed graphics card brackets, support bars, or comparable transport protections intended to remain in the PC, these must be properly reassembled and used for shipping if they have been removed by the customer in the meantime.
If graphics card brackets, support elements, or transport protections provided by the manufacturer or Nykta GmbH are removed, not used, or not properly mounted prior to shipping, the customer bears the risk for any transport damage caused thereby within the scope of statutory liability regulations. Damage to graphics cards, motherboards, cases, or other components that is demonstrably attributable to a missing or improperly used internal transport protection may lead to claims for damages or limit claims under a voluntary warranty in accordance with its terms; the consumer's statutory rights regarding the original defect remain unaffected by this.
In case of uncertainty regarding the correct installation or use of the graphics card bracket or other transport protections, Nykta GmbH's customer service must be contacted prior to shipping.
Prior to shipping, Nykta GmbH recommends documenting the external condition of the system and the packaging with photographs. Visible transport damage should, if possible, be reported immediately to the shipping service provider.
7. Inspection and Processing
Upon receipt of the goods, a technical inspection is carried out to establish the reported fault and to assess the basis of the claim.
Nykta GmbH is entitled to test, open, and perform diagnostics on the submitted product to the extent necessary for fault analysis.
To perform the fault diagnosis, Nykta GmbH is entitled to reset BIOS or UEFI settings to factory defaults, perform firmware or BIOS updates, install diagnostic software, and replace individual components on a trial basis.
If no asserted defect is found, or if there is no claim under the warranty or the statutory legal guarantee of conformity, Nykta GmbH may offer a fee-based diagnosis or repair after notifying the customer. Fee-based work will be carried out exclusively with the customer's prior consent.
8. Exclusions and Non-Covered Services
The following services, in particular, are not part of the service scope:
- Setup, configuration, or optimization of software, operating systems, or drivers
- Cleaning of heavily soiled devices
- Assistance with BIOS passwords or drive encryptions
- Installation of customer-specific software
- Restoration of individual BIOS or overclocking settings
- Faults caused by software problems, malware, or improper software installation
- Data recovery or restoration of data
- Backing up customer data prior to submission
- Assistance with forgotten passwords or locked systems
- Damage caused by improper use or third-party interventions
For fault diagnosis, it may be necessary to reinstall operating systems, firmware, drivers, or software, or to reset data carriers. This may result in data being deleted or lost.
The customer is obliged to create a complete data backup prior to submission. Liability for data loss exists exclusively within the scope of statutory regulations.
9. Processing of Unjustified Submissions
If the inspection reveals that no claim exists under the warranty or the statutory legal guarantee of conformity, diagnostic, processing, and shipping costs may be incurred, provided the customer recognized or through negligence failed to recognize that no claim existed. In this case, the customer will be informed before any fee-based measures are carried out.
If the customer rejects a fee-based repair after a diagnosis has been performed, Nykta GmbH may invoice the customer for the return shipment of the device as well as the agreed diagnostic costs.
10. Cooperation Duties of the Customer
The customer is obliged to cooperate in the fault analysis and to provide the support team with all necessary information. This includes, in particular, a description of the fault, the circumstances of its occurrence, photographs or videos of the fault if applicable, and the serial number of the device.
The customer shall ensure that any existing BIOS or UEFI passwords are removed or communicated to customer service, and that BitLocker, VeraCrypt, or comparable drive encryptions are deactivated or the required access data is provided, provided that an inspection of the data carrier is necessary.
11. Processing Times
The average processing time from receipt of the return at the service center to the shipment of the repaired or replaced device is approximately 5 working days. These details represent non-binding average values and may vary in individual cases depending on the nature of the fault, availability of replacement parts, inspection effort, and seasonal workload (e.g., increased demand or public holidays); they do not constitute a legal entitlement to completion within a specific period.
12. Final Provisions
Nykta GmbH reserves the right to amend these Terms of Service for future contracts. For contracts already concluded, the Terms of Service included at the time the contract was concluded shall apply.