General Business Terms
For purchase contracts concluded via the online shop between
Gigaset Communications GmbH, Frankenstraße 2, 46395 Bocholt, Germany — hereinafter referred to as "the Provider" —
the customer named in § 1, who is a consumer, — hereinafter referred to as "the Customer".
§ 1 Scope, definitions
(1) The business relationship between the Provider and 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 Customer shall not be recognised, unless the Provider expressly agrees to their validity in writing.
(2) The Customer is deemed to be 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 contrast, an entrepreneur is any natural or legal person or unincorporated organisation who, on conclusion of the contract, is exercising its 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 as working days.
§ 2 Conclusion of contract
(1) The presentation and promotion of products in the Provider's online shop is not a legally binding offer to conclude a purchase contract, but a non-binding online catalogue.
(2) The Customer can select products from the Provider's online catalogue and add these to a shopping cart via the "Add to the shopping cart" button. Using the "Order and pay" button, the Customer submits a binding order for the products in the shopping cart. The Customer's order is a binding request from the Customer to the Provider to buy the products in the shopping cart. Immediately before submitting the order, the Customer can check the data and gets the possibility to modify these in the menu respectively in his PayPal account. However, the order for the products in the shopping cart can only be submitted and transmitted when the Customer accepts these contractual conditions by ticking the checkbox next to the fields "I have read the terms and conditions as well as the data protection declaration and agree to them." and "I have read the conditions of revocation", and thus becomes part of the binding order submitted. The date of the conclusion of the contract is dependent on the payment method chosen by the Customer.
(3) Immediately after the order is sent by pressing the "Order and pay" button, the Customer is directed to the website of the payment service provider specified by the Customer for the payment options "Credit card", "PayPal". Following completion of the payment process, an automatic confirmation will appear on the screen. If Customer pays via PayPal Express, there is a direct access to the PayPal account of the Customer. 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 again 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 cart" 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 2-3 working days. Standard delivery of products outside the Federal Republic of Germany is effected within 3-6 working days. Express delivery of products is carried out within twenty-four (24) hours. 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 products 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: https://www.gigaset.com/hq_en/delivery.
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) Products 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 Payment methods
(1) The Customer may make payment solely using the payment methods available in the Provider's online shop. The payment methods available are displayed to the Customer in the online shop footer and during the order process under the menu “payment”. 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 credit card or PayPal, the Customer's account will be debited immediately after conclusion of the contract. If the Customer is in default of payment, he shall pay the Provider default interest in the amount of the applicable statutory default interest. These are currently 5 percentage points above the base rate and 9 percentage points if the Customer is an entrepreneur .
(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 received in an electronic format. The Customer agrees to the electronic transmission of invoices.
§ 7 Warranty
(1) The Provider shall be liable for material defects or defects in title in accordance with the applicable statutory provisions. The period of limitation for statutory defect claims is two years for consumers and 12 months for customers 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.
(2) If a defect becomes apparent within the limitation period, the limitation period shall not expire before four months after the date on which the defect first appeared.
(3) Insofar as the customer asserts claims for supplementary performance or claims under a warranty, claims based on the asserted defect shall not become time-barred before the expiry of two months after the defective goods have been handed over to the supplier or to a third party commissioned by the supplier.
(4) Customers can obtain quick help in the operating instructions of our products and on the service pages of the Gigaset Online Portal https://service.gigaset.com/en/support/home.
§ 8 Software rights
(1) In respect of the software product purchased by the Customer on the approved equipment or system 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 (license). 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 is 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 Customer is entitled on the basis of the license 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 Customer 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 as well as guarantee promises (if any).
(2) In the event of violation of material contractual obligations, the Provider is liable only for foreseeable 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 Right of withdrawal
For orders made by consumers the following right of withdrawal shall apply.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reasons.
The withdrawal 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 withdrawal you must inform us (Gigaset Communications GmbH, Frankenstr. 2, 46395 Bocholt, Germany, Phone: +49 (0)2871 / 912912, e-Mail: email@example.com) about your decision to withdraw from this contract by means of a clear declaration (e.g. via a letter sent by post or an email). The attached withdawl form template can be used for this purpose but is not mandatory.
Timely submission of the withdrawal notice before expiry of the withdrawal period is sufficient for the purpose of observing the withdrawal time limit.
Consequences of withdrawal
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 type of delivery to the least expensive standard delivery that we offer) will be returned to you without delay and in any event not 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 provided us with evidence that you sent the goods back to us, whichever is earlier.
You shall send back or hand over the goods to us promptly and in any case no later than fourteen days from the date on which you informed us about your withdrawal from 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. If you use our return label within the menu item "My orders" within your Gigaset user account, there will be no direct return costs.
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, characteristics and functioning of the goods.
Reasons for exclusion
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by you is authoritative or which are clearly tailored to your personal needs (for example personalization by engraving or printing).
Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it to us.)
Gigaset Communications GmbH
Frankenstr. 2, 46395 Bocholt, Germany
- I/we (*) hereby withdraw from the contract that I/we (*) concluded for the purchase of the following 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.
§ 11 Right of retention in the event of cancellation of the Contract
If the Customer has declared its withdrawal from 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 pick up the goods.
§12 Online Dispute Resolution
Information regarding Online Dispute Resolution according to Art. 14 (1) of Regulation on Consumer ODR:
The European Commission has opened an online dispute resolution (“ODR”) platform to customers and traders, which may be accessed via the link http://ec.europa.eu/odr. In case Customer is a consumer resident in the European Union, this ODR platform may be used to settle disputes concerning contractual obligations stemming from online sales or service contracts. However, we declare that we are neither willing nor obliged to participate in a dispute settlement procedure before a consumer dispute resolution body.
§ 13 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. Consumers with their habitual residence abroad may always rely on the mandatory law of the country where they are habitually resident, regardless of the choice of law.
(2) If the Customer is an entrepreneur, the exclusive place of jurisdiction is Düsseldorf.