General Terms and Conditions (GTC)
For purchase contracts concluded via the online shop between
Gigaset Communications GmbH — hereinafter referred to as "the Provider" —
the customer named in § 1 of the contract — hereinafter referred to as "the Customer".
§ 1 Scope, definitions
(1) The business relationship between Gigaset Communications GmbH (hereinafter referred to as "the Provider") and the Customer (hereinafter referred to as "the Customer") is subject exclusively to the following General Terms and Conditions as applicable at the time the order was placed. Any deviating conditions applied by the purchaser shall not be recognised, unless the Provider expressly agrees to their validity in writing.
(2) The Customer is deemed a consumer if he concludes a legal transaction for purposes that cannot be predominantly attributed to either his commercial or his independent professional activity. In con-trast, a Customer representing a business is any natural or legal person or unincorporated organisa-tion who, on conclusion of the contract, is exercising their commercial or independent professional activity.
(3) For the purposes of these General Terms and Conditions, Monday, Tuesday, Wednesday, Thursday and Friday are considered working days. Saturday and Sunday along with public holidays as officially stipulated in the countries where the Provider has his registered office and where the Customer has his residence are not considered working days.
§ 2 Conclusion of contract
(1) The presentation and promotion of items in the Provider's online shop is not a legally binding offer to conclude a purchase contract, but rather a non-binding online catalogue.
(2) The Customer can select products from the Provider's online catalogue and add these to a shop-ping basket via the "Add to the shopping basket" button. Using the "Order and pay" button, the Cus-tomer submits a binding order for the items in the shopping basket. The Customer's order is a binding request from the Customer to the Provider to buy the products in the shopping basket. Immediately before submitting the order, the Customer can see and modify the data. However, the order for the products in the shopping basket can only be submitted and transmitted when the Customer accepts these contractual conditions by ticking the box next to the fields entitled ""I have read the terms and conditions and agree to them." and ""I have read the conditions of revocation", and thus becomes part of the binding order submitted.
(3) Immediately after the order is sent by pressing the "Order and pay" button, the Customer is di-rected to the Internet site of the payment service provider specified by the Customer from the payment options "Credit card", "PayPal" and "Express bank transfer". Following completion of the payment process, an automatic confirmation will appear on the screen. In the case of advance payment, an automatic confirmation appears immediately after the order is sent. This automatic confirmation contains a payment request for the Customer along with the information required to perform the bank transfer. This automatic confirmation only informs the Customer that the order has been received by the Provider and does not represent contractual acceptance. The contract is only concluded when the Provider submits a declaration of acceptance, which will be sent at the latest within two working days with a separate "confirmation of order" eMail confirming the order placed by the Customer. Once payment for the goods ordered has been received by the Provider or its payment service provider, and the goods ordered have been dispatched from the warehouse, the Customer will receive an eMail that confirms the conclusion of the contract, details the content of the contract and confirms payment for the goods ordered and that the goods ordered have been dispatched ("contract, payment and shipping confirmation").
§ 3 Delivery, stock availability
(1) If the product shown in the online shop is temporarily unavailable, this is indicated by the message "Out of stock". Furthermore, if a product is not in stock, the "Add to the shopping basket" button does not appear next to the product in question, so it is not possible to click this button. A contract cannot be concluded in such cases.
(2) The provider is entitled to make partial deliveries, in so far as it is reasonable for the customer.
(3) The products are delivered to a postal address specified by the customer. This address must be in a country permitted by the country version of the online shop. Delivery to a PO box or a Packstation is not possible.
(4) The Customer may choose from various delivery options: (a) standard delivery by shipping provider UPS, (b) standard delivery by shipping provider GLS or (c) express delivery by shipping provider UPS. Standard delivery of products within the Federal Republic of Germany is carried out within two working days. Standard delivery of products outside the Federal Republic of Germany is effected within five working days. Express delivery of products is carried out within twenty-four (24) hours. In case of advance payment, the delivery deadline for standard and/or express delivery begins three working days after the payment order is sent to the remitting financial institution. For all other forms of payment, the delivery deadline for standard delivery begins when the payment order is sent to the remitting financial institution or payment service provider and the delivery deadline for express delivery begins when the payment order is sent to the remitting financial institution or payment service provider not later than 4 pm CET on the day of order.
§ 4 Reservation of proprietary rights
(1) Until full payment, the delivered goods shall remain the property of the Provider.
(2) Until full payment of the purchase price, the Customer undertakes not to dispose of the goods by means of sale, pledge, lease, loan, processing, modification, transfer of goods or other means.
§ 5 Prices and shipping costs
(1) All prices indicated on the Provider's website are inclusive of applicable statutory sales tax.
(2) The costs for the delivery of the products will be borne by the Customer and are dependent on the shipping provider and shipping method chosen by the Customer. Details regarding shipping providers, shipping methods and shipping costs are shown here: Shipping cost. If the Provider offers free delivery, then the Provider bears the costs of delivery if the Customer selects this option. The Provider is not obliged to offer free delivery.
(3) Goods are shipped via parcel shipment by the shipping provider and via the shipping method specified by the Customer. The shipping risk will be borne by the Provider when the Customer is a consumer. If the Customer represents a business, he shall bear the shipping risk.
§ 6 Methods of payment
(1) The Customer may make payment solely using the payment methods available in the Provider's online shop. The payment methods available are displayed for the Customer before clicking the "Add to the shopping basket" button. The Provider reserves the right to reject some payment methods or to offer only certain payment methods.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. In the event of payment via express bank transfer, credit card or PayPal, the Customer's account will be debited immediately after conclusion of the contract. The Customer is in default of payment, without the need for a reminder, if the payment is not received within 14 days of the Provider deeming payment to be due. In this case, the Customer shall pay the Provider default interest at the rate of five percentage points above the base rate. If the Customer represents a business pursuant to § 1 of these Terms and Conditions, contrary to the above, statutory interest on late payments is to be paid.
(3) The Customer's obligation to pay default interest does not exclude the enforcement by the Provider of further damages due to late payment.
(4) The Provider shall provide the Customer with an electronic invoice and attach it to the "contract, payment and shipping confirmation" eMail. An electronic invoice is an invoice that is issued and re-ceived in an electronic format. The Customer agrees to the electronic transmission of invoices.
§ 7 Warranty
The Provider shall be liable for material defects or defects in title in accordance with the applicable statutory provisions, particularly §§ 434 ff. BGB (Bürgerliches Gesetzbuch — German Civil Code). The period of limitation for statutory defect claims is two years for consumers and 12 months for Custom-ers representing a business. This period starts from the day on which the Customer or a third party named by the Customer, who is not the carrier, took possession of the last product.
§ 8 Software rights
(1) In respect of the software product purchased by the Customer on the approved equipment or sys-tem units, the Customer obtains the non-exclusive right through conclusion of the purchase contract to use the software for commissioning purposes and during the operation of the purchased product (licence). The Customer is not entitled to duplicate, release, distribute, sell, rent out, modify or translate this software, or to process it in any other way. In particular, the use for commercial purposes not permitted. The Customer is not entitled to carry out or to arrange to have carried out reverse engineering, disassembly or decompiling of the software. The Provider reserves all commercial property rights and copyrights.
(2) The products obtained from the Provider may contain open-source software. The Customer will receive any further information together with the product, where necessary. Rights to which the Cus-tomer is entitled on the basis of the licence conditions for the relevant open-source software remain unaffected.
§ 9 Liability
(1) Customer claims for compensation are excluded. Exceptions to this rule are Customer claims for compensation resulting from loss of life, bodily harm, damage to health, or violation of contractual obligations that must be met in order to enable proper performance of the Contract and that the Cus-tomer is entitled to regularly rely on being fulfilled (material obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives or its vicarious agents.
(2) In the event of violation of material contractual obligations, the Provider is liable only for foreseea-ble damage typical for this Contract, where the damage was caused solely by negligence, unless the Customer is claiming for compensation resulting from loss of life, bodily harm or damage to health.
(3) The restrictions from paragraphs 1 and 2 shall also apply to the legal representatives and vicarious agents of the Provider, if claims are made directly against them.
(4) The provisions of the ProdHaftG (Produkthaftungsgesetzes — Product Liability Act) are unaffected.
§ 10 Cancellation policy
For orders from a Customer who is a consumer, the following right of cancellation applies:
Right of cancellation
You are entitled to cancel this contract within fourteen days without the need to state any reasons.
The cancellation period shall be fourteen days from the date on which you or a third party appointed by you, other than the carrier, have or has taken possession of the last product.
In order to exercise your right of cancellation, you must notify us (Gigaset Communications GmbH, Frankenstr. 2, 46395 Bocholt, Germany, Phone: +49 (0)2871 / 912912, Fax: +49 (0)2871-913009) about your decision to cancel this contract by means of a clear declaration (e.g. via a letter sent in the post, a fax or an eMail). The attached cancellation form template can be used for this purpose but is not mandatory.
Timely submission of the cancellation notice before the end of the cancellation period is sufficient for the purpose of observing the cancellation time limit.
Consequences of cancellation
Upon cancellation of this contract, all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your choice of a different mode of delivery to the least expensive standard delivery that we offer) will be returned to you without delay and no later than fourteen days from the date on which we received the notice of cancellation. You shall receive your refund via the same method of payment used for the initial transaction, unless otherwise expressly agreed; in no instance will you be charged fees for this refund.
We are permitted to withhold the refund until we have received the goods back or until you have pro-vided us with evidence that you sent the goods back to us, whichever is earlier.
You must return or hand over the goods promptly and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline shall be considered met if the goods are returned before the 14-day period has expired.
You bear the direct costs of returning the goods.
You are obliged to compensate us for any diminished value of the goods only if this diminished value is traced back to you handling the goods in a way other than what is necessary to ascertain the nature and functioning of the goods.
Cancellation form template
(If you wish to cancel the contract, please fill out this form and send it to us.)
Gigaset Communications GmbH
46395 Bocholt, Germany
Fax: +49 (0)2871-913009
- I/we (*) hereby withdraw from the contract that I/we (*) concluded for the purchase of the fol-lowing products (*)/for the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for written communications)
(*) Delete as appropriate.
End of the cancellation policy
§ 11 Right of retention in the event of cancellation of the Contract
If the consumer has cancelled the Contract, the Provider has the right of retention until the point in time in which he receives the goods back from the consumer, or the consumer provides proof that he has returned the goods, unless the Provider has offered to collect the goods.
§ 12 Final provisions
(1) Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer is a commercial person and has his registered offices in Germany at the time of ordering, then the exclusive place of jurisdiction is site of the Provider's registered offices, Düsseldorf. Otherwise, the applicable legal regulations apply with respect to local and international jurisdiction.
As at: 7 August 2015