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General Terms and Conditions

Table of Contents

1. Scope of Application

Our online shop is directed exclusively at business customers / entrepreneurs (Unternehmer).

In addition to verifying your status as a business customer during the ordering process, we are entitled to require proof of your status as a business customer by means of the submission of suitable and current documents, e.g. an extract from the commercial register or a trade registration.

These General Terms and Conditions shall also apply to future business relationships without our having to refer to them again. Should the business customer use conflicting or supplementary general terms and conditions, their application is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with SYNERGY NETWORKS GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive a further confirmation by e-mail.

3. Contract Language, Storage of the Contract Text

The language(s) available for the conclusion of the contract: German, English, French, Dutch, Spanish, Italian

We store the contract text and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer login.

4. Subject Matter of the Contract

4.1 Product Description

Please note that the respective product description applies as an essential component of the contract.

4.2 Product Images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following particularities. In case of uncertainty, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), minor deviations between the product colours displayed and the actual product colours are possible.

4.3 Right of Use

The sketches, drafts, preliminary products etc. that we may create in order to perform the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of performing the order to the extent agreed in the contract.

5. Requirements for and Handling of Customer Content

5.1 Requirements

Insofar as the performance of the order requires you to transmit content to us (e.g. texts, data, files), the technical options available for this purpose and any applicable requirements are governed by the respective product description.

You are solely responsible for the content, including the lawfulness and accuracy, of the content transmitted by you. We do not carry out any editorial review of the content before performing the order.

5.2 Compliance with Applicable Law

The content and the products to be created from it must at all times comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (in particular copyrights, trademark rights or other intellectual property rights) and must not contain any content, or serve any purposes, that glorifies violence or is discriminatory, racist, xenophobic or otherwise immoral or unconstitutional.

5.3 Indemnification

You shall indemnify us against claims by third parties which they may assert in connection with an infringement of their rights through our use in accordance with the contract. In this respect, you shall also bear the necessary costs of legal defence, including all court and legal fees in the statutory amount. The indemnification shall not apply insofar as you are not responsible for the infringement. In the event of a claim being asserted by third parties, you are obliged to provide us immediately, truthfully and completely with all information required for the examination of the claims and for a defence.

5.4 Reservation of the Right of Withdrawal

We reserve the right to refuse the order or to withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or public morals, or if there is a justified suspicion to that effect. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

6. Installation

The provision of installation services requires an express agreement.

6.1 Selection of the Service Provider

We shall provide the service, at our discretion, either ourselves or through qualified personnel selected by us. We expressly reserve the right to have the service provided by third parties (subcontractors) acting on our behalf.

You shall only be entitled to the selection of a specific person to provide the service if and insofar as this expressly results from the applicable service description.

If and insofar as third parties are engaged to provide the service, we shall remain fully responsible for the performance of the contractual obligations.

Before engaging third parties, we shall examine them with regard to their reliability and suitability in terms of professional training, experience and/or ability to perform the service in accordance with the contract, and shall oblige them accordingly.

6.2 Access to the Installation Site

The product will be delivered to the installation site. You are obliged to grant the persons entrusted with the installation access to the installation site.

7. Delivery Terms

Delivery Options

We dispatch the products to the delivery address specified in the ordering process.

You generally have the option of collection from SYNERGY NETWORKS GmbH, Unterberg 13, 06108 Halle (Saale), Germany during the business hours stated below: Monday to Thursday (08:00 – 16:30), Friday (08:00 – 14:00)

We do not deliver to DHL Packstations.

8. Payment

8.1 Due Date and Default in Payment

The price is due upon conclusion of the contract, unless a later date results from the following payment terms.

In the event of default in payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate as well as a flat fee of 40 euros. Further claims remain unaffected.

8.2 Payment Methods and Invoicing

You agree to receive all invoices by e-mail. This consent may be revoked at any time.

The following payment methods are generally available to you in our shop:

Payment in Advance

If you select the payment method payment in advance, we will provide you with our bank details in a separate e-mail and deliver the goods upon receipt of payment.

Credit Card

You enter your credit card details during the ordering process. Your card will be charged immediately after the order has been placed.

SEPA Direct Debit

By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date on which your account will be debited at least one bank business day in advance (so-called pre-notification). A bank business day is any working day with the exception of Saturdays, nationwide public holidays and 24 and 31 December of each year. Your account will be debited after you have received the goods.

PayPal

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. Further information is provided during the ordering process.

PayPal may offer registered PayPal customers selected according to its own criteria further payment options in their customer account. However, we have no influence on the offering of these options; further individually offered payment options concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.

PayPal Services

In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise provided below, payment via PayPal does not require registration with PayPal. Further information is provided with the respective payment option and during the ordering process.

PayPal

In order to pay the invoice amount via the payment option PayPal, you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.

PayPal may offer registered PayPal customers selected according to its own criteria further payment options in their customer account. However, we have no influence on the offering of these options; further individually offered payment options concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.

Credit Card via PayPal

Your card will be charged by PayPal after the goods have been dispatched.

Direct Debit via PayPal

Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called pre-notification). Your account will be debited before the goods are dispatched.

Purchase on Account via PayPal

Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Google Pay

In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. Further information is provided during the ordering process.

Apple Pay

In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. Further information is provided during the ordering process.

Amazon Pay

In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one bank business day after the order has been placed.

Amazon Pay may offer registered Amazon Pay customers selected according to its own criteria further payment options in their customer account. However, we have no influence on the offering of these options; further individually offered payment options concern your legal relationship with Amazon Pay. Further information on this can be found in your Amazon Pay account.

Invoice

The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

Cash Payment on Collection

You pay the invoice amount in cash upon collection.

Set-off and Retention

You shall only be entitled to a right of set-off if your counterclaim arises from the same contractual relationship or stands in a reciprocal relationship with our principal claim, is not disputed by us or has been established by a final and binding court decision.

You shall only be entitled to a right of retention if your counterclaim is based on the same contractual relationship.

9. Transport Damage

The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

10. Data Backup

You are responsible for the proper and regular backup of your data. We shall not be liable for damage resulting from the loss of data insofar as you could have avoided the loss of data by means of a regular and complete data backup.

The above limitation shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health,
  • in the event of an intentional or grossly negligent breach of duty or wilful deceit,
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations),
  • within the scope of a guarantee commitment, where agreed, or
  • insofar as the scope of application of the Produkthaftungsgesetz (German Product Liability Act) applies.

11. Warranty and Guarantees

11.1 Liability for Defects

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.

The following limitations and shortened limitation periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health,
  • in the event of an intentional or grossly negligent breach of duty or wilful deceit,
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations),
  • within the scope of a guarantee commitment, where agreed, or
  • insofar as the scope of application of the Produkthaftungsgesetz (German Product Liability Act) applies.

Limitations in Relation to Business Customers

In relation to business customers, only our own specifications and the manufacturer's product descriptions that have been incorporated into the contract shall be deemed an agreement on the quality of the goods; we accept no liability for public statements of the manufacturer or other advertising claims. For business customers, the limitation period for claims for defects in newly manufactured goods is one year from the passing of risk. The preceding sentence shall not apply to an item which has been used for a building in accordance with its customary manner of use and has caused the defectiveness of that building.

The statutory limitation periods for the right of recourse pursuant to § 445a BGB (German Civil Code) remain unaffected.

Provisions in Relation to Merchants

Among merchants, the duty to inspect and give notice of defects as set out in § 377 HGB (German Commercial Code) applies. If you fail to give the notice provided for therein, the goods shall be deemed to have been approved, unless the defect is one which was not identifiable upon inspection. This shall not apply if we have fraudulently concealed a defect.

11.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their precise conditions can be found with the respective product and on special information pages in the online shop.

Customer service: Our support is available Monday to Friday from 08:00 to 12:00 and from 13:00 to 16:30 on the telephone number +49 345 96 39 78 0.

12. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in the event of injury to life, body or health,
  • in the event of an intentional or grossly negligent breach of duty,
  • in the event of a guarantee commitment, where agreed, or
  • insofar as the scope of application of the Produkthaftungsgesetz (German Product Liability Act) applies.

In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations), through slight negligence on the part of us, our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

In all other respects, claims for damages are excluded.

13. Final Provisions

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

These Terms and Conditions have been drawn up in German. This English version is provided for information purposes only. In the event of any discrepancy or question of interpretation, the German version alone shall prevail.

If you are a merchant within 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 disputes arising from contractual relationships between us and you shall be our registered office.

Should individual clauses of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.

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