Terms & Conditions

 

The following terms and conditions shall apply for sale of goods carried out by OptoSoftech (online and/or offline sales) at www.optosoftech.com.

§1 General Terms

1. These Terms & Conditions shall apply exclusively between OptoSoftech and customers.

2. A customer shall be any private individual who do not practice any self-employed or freelance activities. Such a customer is referred as a consumer hereafter. A customer may be an entrepreneur who enter into a transaction of purposes as a part of their commercial or freelance activities.

3. We do recognize only our Terms & Conditions.

4. If a customer places an order via German language online shop site then only German version of Terms & Conditions shall apply. Similarly, if a customer places an order via English version of online shop site then only English version of  Terms & Conditions shall apply.

§2 About an Offer and a Purchase Contract

1. Our all offers in the online shop are not binding.

2. Once a customer places an order of an online offer, the customer makes a binding offer to purchase the product of order. We have until 3 business days after places of an order to accept or reject the order placed by the customer.

3. A confirmation email will be sent to a customer immediately after the order is placed. This does not mean that we have accepted an offer placed by the customer. A separate confirmation email shall be sent to a customer to notify that we have accepted the order or we will sent the order directly. The purchase contract comes into effect only upon our acceptance of the customer’s offer to purchase.

4. A customer can revoke an order placed via our online shop and can return according to our return policy.

§3 Prices and Payment

1. The displayed price of products includes VAT. Customers will receive a bill displaying VAT separately. Customers outside Germany are responsible for paying any applicable duties, fees, or other charges according to their country law.

2. The delivery shall be carried out against a flat packaging and shipping fee.

3. We only accept those payment methods displayed to customers as they place their order.

4. The purchase price is payable immediately upon conclusion of the contract.

5. Customers have no right to offsets or retention unless their counterclaims are undisputed or legally binding by court order.

§4 Shipment and shipping costs

1. Any deadlines and dates we provide for the shipment of goods are approximate. Delivery time is generally 1-3 days.

2. All delivery deadlines specified by us when customers place their orders or otherwise agreed shall begin on the day we receive the full purchase price (including shipping costs).

3. Our compliance with any shipping deadline is measured solely by the day on which we hand over the goods to the shipping company handling your shipment.

4. If the goods ordered are not available, we will notify the customer immediately. If the goods are not available for the foreseeable future, we are entitled to withdraw from the contract. If we withdraw from the contract, we will immediately refund any payments already made by the customer. The customer’s statutory rights due to delays in delivery are not affected by the foregoing provisions; the customer may claim damages only to the extent stipulated in §8 below.

5. We are entitled to make partial deliveries of products in one order if they are separately usable and are responsible for any additional shipping costs incurred.

6. If goods are returned to us by a shipment company due to a customer mistake, for e.g. due to wrong delivery address given to us by a customer, then all additional delivery cost will be payed by the customer.

§5 Shipping and transfer of risk

1. Unless otherwise agreed, we will determine the appropriate delivery method and shipping company at our reasonable discretion.

2. Deliveries within Germany and abroad are generally made by DHL.

3. We are responsible solely for the timely, proper handover of the goods to the shipping company and are not responsible for any delays caused by the carrier. Any shipping time we might indicate is therefore not binding.

4. The risk arising from accidental destruction, damage or loss of the goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance.

§6 Retention of the Title

1. We retain title to the goods delivered by us until such time as we receive full payment of the purchase price (including shipping cost) for the product in question.

2. The customer is not entitled to resell the goods delivered by us while we retain title without our prior written consent.

§7 Warranty

1. If the delivered goods have tangible defects, the customer may first require that we remedy said defect or deliver a replacement product free of defects. However, if the customer is an entrepreneur, it is at our discretion whether we remedy the defect or deliver another product free of defects if we provide notice of our decision in writing (also by email) within three working days after receiving the customer’s notice of the same. We may refuse the remedy chosen by the customer if such remedy would only be possible at disproportionate cost.

2. The warranty claims due to defects lapse two years following the acceptance of the sold goods, if a customer is a consumer, otherwise twelve months after delivery. No any warranty for special products like LED.

3. No warranty shall be offered for any defects due to natural wear and tear, improper use, deviation from intended operating conditions, electric influences (including any power fluctuations in the power supply).

4. If customers are entrepreneurs, they shall be obligated to examine goods immediately upon their delivery by us and, if a defect should be discovered, to report this defect to us in writing. If a entrepreneur does not notify us of any defects, goods shall be deemed as accepted, unless the defect in question could not have been discovered in the course of the examination.

5. All warranty claims of customers shall expire if they changes or otherwise interferes with the goods.

§8 Liability

1. We shall only be liable for damages (regardless of the legal reasons) if we, our legal representative or an agent caused these damages in a deliberate or a grossly negligent manner.

2. We are not liable on any legal grounds for any kind of damages caused by any improper handle or use of the product. Our liability is also excluded for any damages resulting from the loss of data if its restoration is not possible or made more difficult due to missing or insufficient backups of said data. The foregoing limitation on liability shall not apply in cases of intent or gross negligence.

3. We are not liable to our delivered products which may cause injury to life, body or health due to improper use and violation of general safety rules for handling such products.

§9 Withdrawal

1: This shall only applies to a consumer: A customer has the right to withdraw from this Agreement within fourteen days of conclusion without the need for explanation. The cancellation period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods.

2: To exercise your right of withdrawal, a customer must make a clear declaration detailing  your decision to rescind this contract to OptoSoftech, Mönchebergstr. 48, 34125, Kassel, Germany, email: return@optosoftech.com Phone: +49 (0) 15234721555 (by sending a letter by post or an email). You may use the attached example withdrawal form, but it is not compulsory. In order to observe the deadline for cancellation it is sufficient to send notification stating that you wish to exercise your right of cancellation before expiry of the cancellation period.

3: The delivery cost for returning purchased item/s will be paid by a customer.

4. This shall only applies to entrepreneurs: Except in cases of justified notices of defects according to §5 or in the event of an express arrangement made before the delivery, no returns shall be possible; any returned goods shall be sent back to the entrepreneur.

5. This shall only applies to entrepreneurs: If a entrepreneur knew or was grossly unaware of the fact that the goods are not faulty and still returns the goods to us, the entrepreneur must bear the transportation and labor costs and the cost of materials incurred by us in connection with the defect verification and returning the goods.

6. This shall only applies to entrepreneurs: We shall have the right to charge a flat rate fee of €40.00 by means of compensation for the costs incurred according to §6 (5) for each unjustified return. The entrepreneur is expressly allowed to prove that no damage was caused or that the damage is much lower than the flat rate fee. The costs incurred by the entrepreneur must be borne by the entrepreneur himself. If we have to bear any additional costs in connection with unjustified returns as described above, we reserves the right to reduce the credit amount by the costs incurred.

Consequences of withdrawal (this shall only apply to consumers)

7. If a customer withdraw from this contract, we have to refund all payments we received from you, including shipment charges (except for additional costs arising when you choose a way of delivery different from the most cost-efficient standard delivery offered by us) immediately and at least within fourteen days from the day we received the notification of withdrawal from this contract at our premises. We shall use the same payment method that you used in the original transaction for this refund, unless we expressly agree otherwise with you; under no circumstances will you be charged fees for this refund.

8. We may refuse to pay the refund until the goods have been returned to us, or until you have provided evidence that you have shipped the goods back, whichever comes first.

9. You must ship back or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us that you are withdrawing from this contract. The deadline is met if you send the goods within fourteen days.

10. You will bear the cost of returning the goods.

11. You only need to pay for any loss in value of the goods if a test of the state, characteristics, and functioning of the goods shows that the loss in value is due your unnecessary handling of them.

§10 Data Protection

1. We may process and store data concerning the sales contract to the extent necessary for the execution and fulfillment of the purchase contract and retain for as long as we are obliged to keep the same by law.

2. We reserve the right to transfer personal data of customers to credit bureaus if required for the purpose of a credit check, provided the customer explicitly agrees on a case-by-case basis. We will not otherwise disclose personal customer information to third parties without the express consent of the customer, unless otherwise legally compelled to do so.

3. The collection, transmission or other processing of personal customer data for purposes other than those referred to in this §5 are not permitted.

§11 German Battery Act

With regards to the sale of batteries or to the supply of devices containing batteries, we are obligated to draw your attention to the following:

You, as an end user, are legally obligated to return any used batteries. You can return any old batteries that are or were offered by us as new batteries  as part of our product range to our dispatch warehouse (dispatch address same as return address). The symbols on the batteries have the following meanings:

The crossed-out rubbish bin means that the battery may not be disposed of together with household waste.

Pb = Battery contains over 0.004% w/w of lead.
Cd = Battery contains over 0.002% w/w of cadmium
Hg = Battery contains over 0.0005% w/w of mercury.

Kindly please note the above instructions.