North & South America

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  • Spain
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  • Hong Kong
  • Indonesia
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Middle East & Africa

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Elgato Online Store - Standard Terms and Conditions

Terms and Conditions

Elgato Systems GmbH, Managing Director: Dr. Markus Fest, Rotkreuzplatz 1, 80634 München (Munich), Commercial Register of the Local Court Munich: HRB 1085691

Phone no.: +49 89 1433390

Fax no.:     +49 89 14333999

E-mail: europesales@elgato.com

 

1. Scope

The following general business terms shall apply to all orders placed by consumers and entrepreneurs via our online store.

A “consumer” (pursuant to the German Civil Code, BGB) is any natural person who enters into a legal transaction for a purpose that is attributable neither to commercial activities, nor to an independent professional activity, engaged in by that person. An “entrepreneur” (pursuant to the German Civil Code, BGB) is a natural person or a legal entity or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade or free-lance profession.

For entrepreneurs these general business terms also apply to all future business relations, without any requirement on our part to repeat reference to them. Should the entrepreneur use conflicting or supplementary business terms, we hereby object to their validity; they only constitute an integral part of the agreement if we have expressly consented to them.

2. Contracting Party, Conclusion of Contract

The purchase contract is made with the company Elgato Systems GmbH.

The description of the products in our online store does not constitute a legally binding offer but represents a non-binding online catalogue. You first select the products and place them into the shopping cart without any obligation. You can correct the entered data any time before submitting your binding order by using the correction tools provided and explained during the order process. When clicking on the order button, you are making a binding order of the products you have placed into the shopping cart. Receipt of your order is confirmed by e-mail directly after having placed the order but this does not yet mean an acceptance of the contract. We accept your order either by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

A binding order can already come into effect as follows:

If you have chosen payment by credit card, the contract is entered into at the time the credit card has been debited.
If you have chosen payment via Paypal, the contract is entered into at the time the payment order to Paypal has been confirmed.

The languages available for concluding a contract are German and English.

We save the contract text and e-mail the order data and general business terms to you. You can read the general business terms on this website and download them at any time. For security reasons, your previous orders are no longer retrievable via the internet.

3. Delivery Conditions

Shipping costs must be paid in addition to the specified product costs. More details about the exact shipping costs can be found next to the individual product offers. We deliver the products to you. We are sorry that it is not possible to pick products up in a store. We do not deliver to DHL “Packstationen”.

4. Payment

We offer the following payment methods in our online store:

Credit Card

Your credit card will be debited as soon as we have shipped the product(s) to you.

Paypal

You pay the invoice amount via the online service provider Paypal. Prior registration is required. When registering, your access data are verified (legitimization process). To complete your order, a confirmation of the payment order must be issued. Further details are given during the order process.

5. Cancellation Information

Consumers have a statutory right of cancellation as described in the Cancellation Information. No voluntary right of cancellation is granted to entrepreneurs.

5.1. Right of Cancellation

You have the right to cancel the contract within a period of fourteen days without being required to state any reasons.

The deadline for cancellation is fourteen days beginning on the day on which you or a third party specified by you who is not the deliverer has taken possession of the shipment.

To exercise your right of cancellation, you must send us (Elgato Systems GmbH, Rotkreuzplatz 1, 80634 München, europesales@elgato.com, phone no.: +49 89 1433390, fax no.: +49 89 1433399) a notice in written form (e.g. a letter sent by regular mail, fax or e-mail) clearly stating your decision to cancel the contract. You may use the attached cancellation form but it is not required to use this specimen form.

To meet the cancellation deadline, it suffices to send the notification of the exercise of your right of cancellation to us before the deadline has elapsed.

5.2. Consequences of the Cancellation

In case you cancel the contract, we will refund all payments we have received from you including the shipping costs (with the exception of the additional costs that were incurred because you have chosen another type of delivery than the least costly standard type of delivery offered by us) without delay and at the latest within fourteen days, this period beginning on the day on which we receive your notification of your cancellation from the relevant contract. For repayment we use the same payment method you have used for the initial transaction unless otherwise expressly agreed upon. No fees will be charged because of this repayment. We are allowed to refuse repayment until we have received the products again or until you have proven that you have sent the products back, whichever is the earlier.

You must return or send the goods back without delay and at the latest within fourteen days, this period beginning on the day on which we receive your notification of your cancellation from the relevant contract. This deadline is met if you send the goods back before expiry of these fourteen days. The direct costs of returning the goods must be borne by you. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the quality, nature and functioning of the goods.

 

5.3. Cancellation Form (Specimen)

(If you wish to cancel a contract, please complete this form and mail it to us.)

To be sent to:

Elgato Systems GmbH

Rotkreuzplatz 1

D-80634 München

europesales@elgato.com

Fax: +49 89 1433399

 

I/we (*) hereby cancel the concluded contract regarding the purchase of the following goods (*)/the provision of the following service (*).

 

__________________________

 

Ordered on (*)/received on (*)

 

__________________________

 

Name of the consumer(s)

 

__________________________

 

Address of the consumer(s)

 

__________________________

 

Signature of the consumer(s) (only if sending a letter on paper)

 

__________________________

 

Date

 

__________________________

(*) Please delete as applicable.

 

6. Retention of Title

We retain title of ownership to the delivered goods until the purchase price has been paid in full.

Additionally, the following applies to entrepreneurs: We retain title of ownership to the goods until all claims resulting from an ongoing business relationship have been settled in full. You are entitled to resell the reserved goods in the ordinary course of business; all claims resulting from this resale are assigned by you to us – regardless of a combination or mixing of these goods with other items – in advance in the amount of the invoice total and we accept this assignment. You will remain entitled to collect these receivables but we may collect the receivables ourselves if you do not meet your payment obligations.

7. Transport Damage

The following applies to consumers: In case goods are delivered that have obvious transport damages, please inform the deliverer - if possible - immediately and also contact us without delay. A failure to make a complaint or to contact us has no effect as regards your statutory claims and their assertion, in particular your warranty rights, but helps us to enforce our own claims vis-à-vis the carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and/or accidental deterioration will pass to you as soon as the goods have been handed over to the deliverer, the carrier or another third party (a natural or legal person) who was commissioned to deliver these goods. In business dealings between business people section 377 of the German Commercial Code (Handelsgesetzbuch) applies: The buyer is obliged to inspect and give notice of any defects. If the buyer fails to inform of the defects, the goods shall be deemed approved and accepted, provided that the defects were recognizable upon proper inspection. This does not apply in case we have fraudulently concealed any defect.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, you are entitled to statutory warranty rights.

As regards consumers, the statutory limitation period for claims for defects of used items is one year from the date of delivery of the goods.

As regards entrepreneurs, the statutory limitation period for claims for defects is one year from the date of risk transfer. The statutory limitation periods for recourse claims pursuant to section 478 of the German Civil Code (Bürgerliches Gesetzbuch) remain unaffected.

Vis-à-vis entrepreneurs, only our own particulars and the supplier’s product descriptions included in the contract are considered agreed upon as regards the quality and characteristics of the goods. We assume no liability for public statements made by the supplier or for other advertising messages.

If the delivered product is deficient and the buyer is an entrepreneur, we shall first furnish a warranty against defects at our discretion by either remedying the defect (repair) or delivering an item that is free of defects (replacement).

The above restrictions and shorter time limits do not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

in case of loss of life, bodily injury or damage to the health of a person
in case of willful or grossly negligent breach of duty and fraudulent intent
in case of breach of fundamental contractual duties of which the fulfillment is a prerequisite for enabling the proper performance of the contract in the first place and in which the customer may normally trust (cardinal obligations)
in the context of a guarantee undertaking if agreed upon
if the Product Liability Law applies.

For information about any additional guarantees that may be in place and their detailed conditions please read the text on the pages describing the products and on separate information pages of the online store.

Customer service: help.elgato.com

9. Liability

With regard to claims arising from damage caused by us, our legal representatives or vicarious agents, we assume unlimited liability

in case of loss of life, bodily injury or damage to the health of a person
in case of wilful or grossly negligent breach of duty
in the context of a guarantee undertaking if agreed upon
if the Product Liability Law applies.

In case of the breach of fundamental contractual duties of which the fulfillment is a prerequisite for enabling the proper performance of the contract in the first place and in which the contractual partner may normally trust (cardinal obligations), due to slight negligence by us, our legal representatives or vicarious agents, liability amount is limited to the typically foreseeable damage at the time the contract was concluded, the emergence of which has to be typically expected.

Apart from that, all further claims for damages are excluded.

10. Final Provisions

If you are an entrepreneur, you are subject to the law of the Federal Republic of Germany with the exclusion of UN purchasing law (CISG).

If you are a tradesperson in the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all legal disputes arising from contractual relations between you and us is our place of business.