Terms and Conditions
General Terms and Conditions
Area of Application, Definitions
HD Satshop e.k Deutschland (hereinafter called “the vendor”) based in Cologne offers particularly electronic goods for sale in the internet under the address “www.satshop.tv”. The business relation between the vendor and the customer shall be exclusively based on the following General Terms and Conditions (T&Cs). Conflicting conditions or conditions divergent from these General Terms and Conditions are not accepted and are hereby objected emphatically by the vendor. Conflicting conditions of the customer apply only if the vendor agrees explicitly and in writing. The customer in terms of these T&Cs is he who places an order to the vendor via his internet address “www.satshop.tv” or concludes a contract with the vendor. A consumer in terms of these T&Cs is the natural person entering a legal transaction for a non-commercial or non-freelance purpose. A sale of consumer goods in terms of these T&Cs exists if a consumer buys goods and chattels from the vendor. The vendor reserves the right to amend these T&Cs at anytime. The vendor will inform the customer immediately about such amended T&Cs on his website “www.satshop.tv”. The communicated amendments of the T&Cs are deemed as accepted by respective customer as long as he does not object to these amendments within one month after publication.
Conclusion of contract
The illustrations presented either on the vendor’s website “www.satshop.tv” or in other advertising materials or customer information represent respectively a request to the customer to submit an offer to the vendor. The customer may basically place his order via internet by entering the respective text fields or by telephone or by fax. A contract between the vendor and the customer will be closed only if the vendor confirms the order or upon delivery of goods.
Payment conditions and arrears
The price stated is designated for the respective offer, as long as nothing else has been stipulated explicitly. Upon receiving the invoice, the purchase price is due immediately and is payable in full within 14 days of the billing date. The payment is only complete until the amount invoiced is credited on the vendor’s account or the transmitted cheque is cashed. Bills of exchange as means of payment are not accepted. Only cheques are accepted on account of payment. After the expiry of the 14 days from the billing date the customer automatically defaults without any further need to set a deadline. The customer gets into arrears with payment no later than 30 days after the due date of the claim and the delivery of the invoice; however, this only applies to consumers if they have been notified explicitly about such payment conditions in their invoice. If the customer is in arrears with payment and the customer is a consumer in terms of these T&Cs, the vendor will be entitled to demand default interest in the amount of 5 percentage points above the respective base rate, otherwise default interest in the amount of 8 percentage points above the respective base rate will be demanded. The vendor’s right to claim greater compensation for damages remains undisturbed. If the vendor takes note that the credit-worthiness of the customer is substantially diminished after contract conclusion, the vendor is entitled to demand prepayment. In this case the vendor sets a deadline to the customer for prepayment of the purchase price which can be extended tacitly only once by one week. If within the given period no payment is effected, the vendor is entitled to rescind the contract. Hence, the customer shall reimburse the vendor’s expenses that incurred by his order.
This also applies if from the beginning prepayments of the final invoice or of the partial amount have been stipulated (e.g. foreign shipment).
Offsetting and Right of retention
The customer may only offset claims against the vendor which are detected to be undisputed or legally determined. This is also valid for the assertion of a right of retention.
Delivery, passing of risk
Date of delivery and delivery period are deemed as binding only if they have been stipulated explicitly and in writing. The order will be delivered from a warehouse. The method of delivery, especially of the dispatch is at the vendor’s discretion, as long as nothing else has been stipulated. Basically the customer shall cover the shipment costs. The vendor is not obliged to insure the goods to be shipped. On demand of the customer the goods will be insured against the shipment risks, as far as this has not already been made by the carrier. The customer shall bear costs for such insurance. If the vendor supplies goods on demand of the customer, the risk passes over to the customer as soon as the vendor has handed over the goods to the carrier. This does not apply to a sale of consumer goods in terms of these T&Cs. Apart from that the risk passes over to the customer by handing over the goods to either the customer, his vicarious agent or to an authorized representative. The customer shall accept the purchased goods, otherwise he shall reimburse the vendor’s full expenses. Claims due to wrong or incomplete delivery are impossible if the customer does not complain in writing about the irregularities within 14 days after receipt of the goods.
Delivery delay, impossibility
The vendor takes no procurement risk. He is entitled to rescind the contract, in case he does not receive the goods on his part, despite prior conclusion of a respective purchase agreement;
this is not valid if the vendor acts with prior intent or negligence. The vendor will inform the customer about the delayed availability of the delivery item and, in case the customer wants to rescind, he will immediately grant the customer the right of withdrawal. In case of a withdrawal, the vendor will immediately reimburse already performed services.
As far as a temporarily service barrier exists which is not the vendor’s default, the vendor’s term of delivery will be extended by an adequate period of time corresponding to the barrier; this applies particularly to Acts of God, strikes, traffic congestion and other
unforeseen occurrences which are unpreventable even though necessary diligence was exercised and occurring after conclusion of the contract, barriers which are not the vendor’s fault, even though they occur at sub-suppliers or manufacturers. In such a case the vendor will inform the customer immediately about the estimated duration of delay. In case of an impossible delivery the customer is entitled to claim compensation according to the legal requirements or to withdraw from the contract. The customer’s entitlement to compensation besides or instead of the goods and services and to compensation for futile expenses is limited to 10 percent of the value of goods which cannot be delivered as a result of impossibility. Further claims of the customer due to impossibility of delivery are excluded. This restriction is not valid if the vendor is liable for intent, culpable negligence or injuries to life, body or health.
Right of revocation
You may revoke your declaration of contract within two weeks, without stating reasons, in writing (e.g. letter, fax, e-mail) or – if the goods are delivered before deadline – by returning the goods. The revocation period begins upon receipt of this revocation instruction in text form, however not before recipient receives the delivered goods (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) nor before fulfilment of our duties to inform according to Art. 246, section 2 in junction with section 1, para. 1 and 2 Introductory Law to the German Civil Code (EGBGB) as well as our duties according to section 312e, para. 1 sentence 1 German Civil Code (BGB) in junction with Art. 246, section 3 Introductory Law to the German Civil Code (EGBGB). In order to meet the revocation deadline it is sufficient to dispatch the revocation or goods in time. The revocation is to be addressed to:
HD Satshop e.K.
Managing Director: Hakan Tirpanci
Heidelberger Str. 13-15
Fax 0049 221 95933273
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be returned by either side. If you are unable or partially unable to return the goods received to us or you can only return them in a deteriorated condition, then their value shall be reimbursed where appropriate. In the case of goods returned this does not apply if the deterioration of the goods is brought about solely by a trial thereof - such as would have been possible for you e.g. in a retail shop. For the rest, you may avoid any duty to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as your own property and refraining from all actions that may affect its value. Goods capable of being sent by parcel post shall be returned to us at our risk. You shall cover the return postage costs yourself if the received goods correspond to what you have ordered and the price of the goods does not exceed 40 Euro or if, in the event of a higher price, you have not yet paid for the goods in full or part as agreed upon by contract at the time of the revocation. In all other cases return delivery is free of charge for you. Goods that are not able to be shipped will be picked up. Obligations to refund payments must be met within 30 days. The period begins with the transmission of your statement or revocation of the goods for us with their reception.
End of revocation instruction
The customer shall immediately test the goods received for defects and inform the vendor in writing immediately about obvious or hidden defects. At this the customer shall describe the defects in a very detailed and adequate way, so that the vendor may be able to remedy it.
If the customer is a merchant in terms of the German Commercial Code, his guarantee claims expire if he does not immediately test delivered goods accurately for defects and does not inform the vendor in writing and with a detailed description about obvious defects within five working days after delivery or hidden defects within five working days after detection. After expiry of this period the goods are deemed as accepted the way they have been delivered. If the goods do not have the stipulated nature or are not suitable for the contractually assumed or usual use, the vendor has a right to two attempts at improvement and, as long as this is not related to an inappropriate expense, he is obliged to undertake it. In case the vendor is not able to remedy the defect in an adequate period or to deliver goods free from defects, the customer is entitled to further legal guarantee claims. In this case the customer may only lodge claims of damage if consumer goods in terms of these T&Cs are existent. Guarantee claims of the customers become barred by statute after two years, apart from that all guarantee claims become barred by statute after one year. The statute of limitation begins with the delivery of the goods. The guarantee does not apply to defects caused by the customer, especially through improper storage and handling, excessive use, natural wear and tear, encroachment on the goods by an unauthorized and non-expert person or Act of God. If during the remedy it emerges that the reported defect is not the vendor’s fault, the vendor is entitled to bill the customer for the expenditure of time and the costs incurred according to the usual rates of remuneration. In case of the sale of a pay-tv-subscription the customer has guarantee rights against the vendor only if the hardware sold is defect, in particular the access card. The seller's warranties apply exclusively to the hardware delivered. The seller's warranties however do not apply to pay-tv-provider’s services received through the hardware, i.e. the reception and access to certain broadcast stations or programmes. The vendor is in particular not responsible for defects regarding the broadcast stations or programmes that are to be received, in particular for temporarily disturbance in reception , programme-cuts or amendments regarding the broadcast stations. Only the pay-tv-provider is solely responsible for that, thus, the customer shall contact him in such issues.
The vendor is liable for intentional and gross negligence. He is liable for ordinary negligence only if essential contractual obligations (cardinal obligation) have been breached and for injuries to life, body and health. The liability in case of a slight breach of a cardinal obligation is restricted to the sum of the predictable damage which can be typically calculated.
This financial limitation of liability does not apply to consumers. This also applies to the vendor’s sub-contractors and vicarious agents. The vendor’s liability for damages caused by the vendor’s management team or executives through gross negligence or intent and a potential liability of the vendor for guarantees given as well as claims based on the German Product Liability Act shall remain unaffected.
Reservation of title
The goods shall remain the vendor’s property until the purchase price is fully paid. Resale shall be possible only for resellers in the regular course of business. The customer may – until revoked – connect, mix or process the goods with items not belonging to the vendor. In such case the vendor is entitled to co-ownership of the new item at a percentage of the value of the processed, mixed or connected delivery item to the value of the remaining processed goods at the time they were processed. If the customer holds the sole ownership, the vendor and the customer agree that the customer grants co-ownership of the new item at a ratio of the value of the processed delivery item to the remaining processed goods at the time they were processed.
In case the customer sells the delivered or new goods, the customer hereby assigns his claim of resale against his purchaser inclusive all subsidiary rights to the vendor, without the need of additional explanations. The claim arising from the further sale of reserved goods does not expire when the vendor or his purchaser make the claim object of a current account.
Making a legitimate interest credible, the customer shall provide the vendor necessary information regarding the assertion of his rights against the customer’s purchaser, he shall also hand out the purchasers’ addresses as well as the level of the resell prices and any necessary documents.
In case the customer breaches his duties, especially in case of delayed payment or significant deterioration in the customer's financial circumstances, the vendor is entitled to demand the return of the reserved goods and to withdraw from the contact. Basically the vendor’s demand to return shall also be a cancellation of the contract. The customer and/or his purchaser shall immediately deliver reserved goods. The vendor is entitled to sell the reserved goods at the customer’s expense. The customer shall neither pawn the reserved goods to third parties nor pledge them as security. In case third parties have access to goods which are subject to reservation of title or to assigned claims which serve as a security for the vendor according to Section 10 para. 3, the customer shall inform the vendor immediately of that and support him in release-efforts and where required lodge an appeal in favour of the vendor.
The applicable German data protection laws – especially those of the Federal Data Protection Act, the Teleservice and Telecommunications Data Protection Act(Teledienstedatenschutzgesetz (TDDSG) Telekommunikationsdatenschutzverordnung (TDSV) – are known by the vendor. The vendor will follow the German data protection regulations in the relevant version. The customer agrees that the vendor may use data which are known from their business relationship for internal business purposes. All legal relations arising from this contract shall be subject to the Laws of the Federal Republic of Germany excluding the Private International Law and United Nations Convention on Contracts for the International Sale of Goods. The contract language is German. All amendments and additions to this contract shall be in writing. This shall also apply to the amendments and/or additions to this provision. Legal venue and exclusive place of jurisdiction for litigation arising from or related to this contract is Cologne, as far as the customer is a registered trader, a body corporate organised under public law or a special fund under public law. The same shall apply to the judicial reminder procedure also against small businesses and non-merchants. In case a regulation of these General Terms and Conditions proves to be wholly or partly ineffective, this shall not affect the validity of the remaining regulations. In such case the parties to this contract will stipulate the validity of an appropriate regulation which serves as closely as possible to the economic intentions of the parties and is permitted by law. The same shall apply to any contractual gaps.
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