The following Terms and Conditions are applicable to any contract of sale concluded between sipgate GmBH, Gladbacher Str. 74, 40219 Düsseldorf, Germany, registered with the Düsseldorf local court HRB 39841, as the provider of the sipgate VoIP shop (sipgate) and the customer. These General Terms and Conditions shall not be modified by any other Terms and Conditions of the customer and shall, in all cases, supersede any inconsistent or conflicting provisions contained therein, that is unless sipgate have provided written confirmation otherwise.
N.B. The following Terms and Conditions are not applicable to the use of sipgate’s VoIP service. For this product the General Terms & Conditions of the use of sipgate are applicable.
2. Conclusion of Contract & Prices
2.1. Conclusion of Contract
Your order is an offer to us to conclude a contract of sale.
You will receive a confirmation of our receipt of your order via email. This email will contain not only a description of your order but also information regarding your right of revocation in text form. The confirmation email is not a confirmation that your order has been accepted, rather is there to inform you that your order has been received by us.
A contract of sale will only exist between you and sipgate once the ordered product has been sent from sipgate and you have received the dispatch confirmation email. Any products not listed in this delivery confirmation email are not subject to the contract of sale.
sipgate does not sell products to minors, except in those cases that fall under the jurisdiction of sec 110 of the German Civil Code or made by legal guardians.
The prices listed on www.sipgateteam.co.uk are quoted in pound sterling (inclusive of VAT).
3. 14 Day Right Of Cancellation
3.1. Cancellation and the cost of returns
Customers who are consumers according to sec. 13 German Civil Code, may revoke their contract according to section 3.2. In the event of a revocation being declared, sipgate will reimburse the purchase price if the goods are returned without damage.
In case a revocation is declared in accordance with section 3.2, the customer is liable for the cost of returning goods, should the value of the goods be less than £40. The cost of the initial delivery by sipgate will be refunded once sipgate has received payment.
‚The customer is obliged to pay for the return of goods. Should the value of the returned goods exceed £40, sipgate will refund the cost of returning the goods, as long as this does not cost more than £6.95.‘
The customer is obliged to ensure that the goods returned are sent via insured shipping.
The pre-requisites and outcomes of cancellation are laid out in article 3.2.
3.2. Information On The Right Of Cancellation
Right of Cancellation:
Customers who are consumers according to sec. 13 German Civil Code, can revoke their contracts of sale with sipgate within 2 weeks without reason, which can be done either by written confirmation of the intention to cancel (letter or email) or by returning the purchased goods.
The 2 weeks term begins upon the customer receiving the ordered goods but not beforehand.
The revocation is also valid if the goods are posted within the term or the revocation is declared within the term.
Goods to be returned should be sent to:
Gladbacher Str. 74
Notice of revocation must be sent via email to: firstname.lastname@example.org
or via post to:
Gladbacher Str. 74
Outcomes Of Cancellation:
In the event of a valid revocation, any products received must then be returned.
Should any goods returned to sipgate be damaged or not returned in full, customer will be liable to compensate sipgate for those damaged or missing goods.
The above, however, is not applicable should deterioration result from the normal inspection or testing of the goods by the customer.
However, the customer can avoid the obligation to pay compensation for a deterioration of the goods if customer handles the goods with care and refrains from any action that may reduce its value.
Goods returned are returned at sipgate’s own risk. The customer is liable to bear the cost of returning goods if the goods are as ordered and the value of said goods is under £40. Should the value of the goods be over £40, sipgate will refund the cost of returning goods.
sipgate will also refund the original delivery costs invoiced.
Payments and refunds of goods must be made within 30 days. The 30 day term begins once the goods to be returned are sent or when notice of revocation was given, in respect of the receipt of said revocation or goods.
End of the Information Of The Right Of Revocation
Goods will be dispatched to the delivery address provided by the customer when ordering.
The estimated date of delivery is not guaranteed. delivery may take place earlier or later than initially stated.
Should the delivery company be unable to deliver the goods to the delivery address, the customer will be liable to any delivery/return to sender fees.
Orders are delivered by United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany.
5. Form Of Invoices
sipgate provides invoices as .pdf documents via email or to download. The customer will also receive a paper copy with his delivered goods.
The customer accepts that invoices will be sent via email.
sipgate invoices are issued according to the information provided by the customer. The customer is obliged to provide valid details. sipgate is not obligated to issue corrected invoices which differ from the details given by the customer.
sipgate is not obliged to issue a corrected invoice, e.g. in case the customer wishes to have the goods exported.
6. Payment Date, Payment, Arrears and Return Debit Notes
The customer can purchase goods from sipgate by using his credit card.
In the event of a credit card charge back, the customer is obliged to reimburse costs incurred by the charge back to the extent in which he is responsible. In the event of a credit card charge back, it is assumed that the customer is responsible. sipgate is entitled to charge the customer with the costs caused by the charge back. sipgate and the customer agree that sipgate is entitled to charge a once-off fee of 9.80 pounds sterling. The customer is entitled to prove that such costs were not incurred by sipgate or that the costs were lower than the once off fee.
In the event of a credit card charge back, sipgate will notify the customer by email that he is required to pay the full amount within 2 weeks.
Should the customer fall into arrears, sipgate is entitled to charge interest at 5% per annum above the base interest rate of the European Central Bank.
7. Offsetting, Right of Retention
Customer can offset claims arising from this contract only against undisputed or legally determined claims.
Rights of retention may only be exercised in case that the counter claim is based on the same contractual relationship.
8. Reservation of Proprietary Rights
Parties agree a conditional sale with reservation of ownership in favour of sipgate until payment of the purchase price is fully settled.
9. Liability For Defects
9.1. Warrant of Merchantability
In the case of deficiencies, German law is applicable if the parties do not agree special provisions in the following sections.
For entrepreneurs German Commercial Code is applicable.
The statutory period of limitation for warranty of defects is 24 months. If the customer is an entrepreneur (according to sec 14 German Civil Code), the period is 12 months.
9.2. Limitation Of Liability
Claims for compensation of customer, irrespective of their cause in law, but in particular claims arising from the breach of duties resulting from obligation or tort, shall be excluded.
This shall not apply where there is mandatory liability, e.g. according to the law on product liability or in the event of wilful misconduct, gross negligence, injury to life, body or health or the infringement of substantial contractual obligations.
However, compensation for damages for the infringement of substantial contractual obligations shall be limited to foreseeable damages typical for the Contract, unless there is liability for wilful misconduct or gross negligence, injury to life, body or health.
The exclusion or limitation of sipgate’s liability shall also apply to the personal liability of his workers, employees, co-workers and other persons employed.
10. Protection Of Privacy
11. Applicable Law
The material law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.
The exclusive place of jurisdiction – also for cheques and notes received – shall be Düsseldorf, Germany.
12. Image Rights
All image rights are held by sipgate GmbH or its partners. The use of such images without written permission is not allowed.