General Terms and Conditions

1. SCOPE
eSymetric GmbH, Fraunhoferstr. 5, 82152 Martinsried, Germany, (hereinafter "eSymetric", "WE" or "rungps.net"), provides the websites www.rungps.net and www.rungps.de and offers software for mobile devices and sports accessories. These Terms & Conditions shall apply in the latest version to all orders and contracts made by eSymetric and the client (“client”), who either is a private person of full age (hereinafter "consumer" according to para. 13 German Civil Code - BGB) or a trader (hereinafter "trader" according to para. 14 BGB). No subsequent agreement in any way altering these Terms & Conditions shall be binding on eSymetric unless made in writing and signed by an authorized officer of eSymetric.
2. IMPORTANT ADVICE
2.1.
Any goods on our website www.rungps.net are presented in a true-to-life manner to a large extent. Due to different settings or performances of screens or printers, the illustration can differ from the real appearance. The consistency cannot be guaranteed by eSymetric.
2.2
The products as presented on the website can be out of stock or unavailable for other reasons or vary in price in individual cases. The presentation of goods on the website is no binding offer. Unless specified otherwise all mentioned prices are given in EUR, GBP or USD incl. VAT plus shipping costs.
3. CONTRACT
3.1
All contracts between you and eSymetric are closed by transferring any chosen items into the shopping bag on the website and upon completion of the order form and its dispatch by clicking the button "CONFIRM" or pressing "Return" or "Enter" on the keyboard (binding order of the customer) and finally upon receipt of the order confirmation of eSymetric sent to the e-mail-account of the customer as stated in the order form or alternatively upon shipping of the goods at the latest. Customer accepts these Terms & Conditions by clicking the button in the order form.
3.2
In the event our supplier does not deliver the goods as ordered by us according to the distribution agreement between the supplier and us, we are entitled to terminate the contract, when the supplier breaches his duties contrary to the distribution agreement. In this case we will give a brief notice, that the ordered product is not available; eventual payments will be refunded in this case.
4. DELIVERY AND SHIPPING CONDITIONS
4.1
Unless otherwise agreed the shipping will be carried out to the address given by the customer. Periods of delivery are nonbinding, unless otherwise expressed. Software licences are delivered solely by email.
4.2
All shipments will be carried out through DHL (parcel) and Deutsche Post (letter). The terms and conditions of DHL will apply additionally and can be called under www.dhl.de.
4.3 Shipping Costs
When ordering software licences, no shipping costs will accumulate because software licences are delived by email.
When buying material goods the following shipping costs apply:

CountryShipping Cost (EUR)
Germany4.90 (Parcel)
2.50 (Post Letter)
Belgium, Denmark, Estonia, Finland, France (except Guadeloupe, Martinique, French Guayana, Réunion), Great Britain (except channel islands Jersey and Guernsey), Ireland, Italy, Lithuania, Luxembourg, Monaco, Netherlands, Austria, Poland, Portugal (except Azores, Madeira), Sweden, Slovakia, Slovenia, Spain (except Ceuta, Lanzarote, Fuerteventura, Gran Canaria, Teneriffa, La Gomera, La Palma, El Hierro, Melilla), Czech Republic, Hungary9.90 (Parcel)
4.50 (Post Letter)
Material goods can be delivered only to the countries stated above. Software licences are delivered world-wide.
5. PAYMENT
Payments including shipping fees are accepted via PayPal, credit card or bank transfer in advance. In the event that ordered goods are not available at present, any amounts credited in advance will be refunded immediately.
5.1 Bank Transfer
By choosing the payment option bank transfer in advance the customer agrees to pay immediately after the purchase order. Affirmation of the contract and delivery will be effected upon receipt of payment. eSymetric is entitled to cancel an order, if the payment is not made within 5 working days since order.
5.2. Security
eSymetric does not acquire security relevant data. Payment and the acquisition of payment relevant information is performed by our partner PayPal. The terms and conditions of PayPal will apply additionally and can be called under www.paypal.com.
6. RETENTION OF TITLE
All goods will remain in our property until payment is received in full. In the case of a delay of payment over a period of more than 10 working days, eSymetric is entitled to terminate the contract and claim back the goods.
7. WARRANTY / LIABILITY
7.1 CONDITION OF THE GOODS
All instructions, designs, illustrations, technical data, weight -, measurement and performance specifications, which are contained in product folders, catalogues, circulars, announcements or price lists, have a purely informative character. We do not guarantee the correctness of these data.
7.2 LIABILITY
Liability in the case of material defects or defects of title shall follow the statutory provisions in force in the Federal Republic of Germany. Compensation for consequential damage caused by defects in delivered goods shall be excluded. The following restrictions shall apply:
eSymetric shall not be liable for other than by injury of lives, bodies and health developing damages, unless caused by eSymetric or its employees, representatives or supporters with gross negligence or intent or based on culpable injury of a primary contractual obligation by eSymetric or its employees, representatives or supporters. Any further liability shall be ruled out, except of such under the German Product Liability Act or liability for an expressively warranted condition or defects, which have been suppressed maliciously.
Data communication over the internet cannot be ensured error free and/or at any time available after the present state of the art. Therefore we are not liable for the constant and continuous availability of our website. We are not responsible or liable for the availability and the content of third party’s websites reachable over hyperlinks from our website. The content of third party’s websites will not be appropriated by eSymetric in any case.
7.3 COMPLAINTS
In the case of eventual complaints please feel free to contact us under:
Email: info@rungps.net Telephone: +49 (0) 89 41173046
8. RIGHT OF REVOCATION AND RETURNS
8.1 Revocation
You have the right to withdraw from the contract without giving reasons within fourteen days in writing (e.g. letter, fax, e-mail), or, if you receive the goods before the expiration of this period, by returning said goods. The revocation period starts with the receipt of this information in written form. To keep the revocation period it is required to send the revocation or the goods in sufficient time. The revocation must be sent to: eSymetric GmbH Fraunhoferstr. 5, 82152 Martinsried, Germany
8.2 Consequences
In case of an effective withdrawal both parties’ received goods and services have to be returned and benefits (e.g. interest rates) have to be delivered. If you can not return delivered goods or services fully or only partly or only in a deteriorated quality, the difference has to be reimbursed. This does not apply in case of delivered goods if the deterioration of the quality of the goods is only due to the examination of the goods – as possible in a retail shop. You can also avoid our claim of reimbursement if you do not make use of the delivered goods like an owner and refrain from usage that might deteriorate their value. Transportable delivered goods shall be returned at our risk. The customer shall bear the costs of the return if the delivered goods are like ordered and if the value of the goods to be returned falls below EUR 40.00, or, if in case of a higher value of the goods, the customer has not yet effected consideration or a contractual down payment at the time of the withdrawal. Otherwise, please request a return receipt from us. Please use only the official return receipt for returning goods to us. Carriage forward will not be accepted . Obligations of reimbursement shall be fulfilled within 30 days For the customer the period of reimbursement starts with the posting of the withdrawal, for us with its receipt.
8.3 Returns
We want you to be satisfied with all our deliveries. Should you not be satisfied with your order, consumers within the EU can return the product within 14 days without giving reasons by returning the goods. The period begins after receipt of this notification in writing (ie writing, by e-mail, PDF or fax) however not before the receipt of goods by the customer . During this period it is sufficient to send the goods. In any case, the return will be at our risk. The return must be sent to:
eSymetric GmbH, Fraunhoferstr. 5, 82152 Martinsried, Germany
8.4 Consequences of return
In the case of an effective return both parties are entitled to demand the refund of benefits mutually. In the event of deterioration of the goods eSymetric is entitled to claim a refund as compensation; this shall not apply when the deterioration is only based on tryout of the goods - comparable with the situation in a shop. Further you can avoid the claim for refund as compensation by using the goods carefully within the term. Obligations of reimbursement shall be fulfilled within 30 days . The period begins with the dispatch of the goods for us on receipt.
9. GOVERNING LAY AND GENERAL TERMS
9.1
The law of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sales of Goods (CISG) expressly excluded.
9.2
The Terms & Conditions of eSymetric will supersede any other general terms and conditions binding upon the customer.
9.3
Munich (Germany) shall be the place of jurisdiction if the customer is a merchant entered in the commercial register as a merchant, a legal entity under public law, or a federal special fund under public law (§ 38 German Civil Litigation Act).
9.4
Eventual ineffectiveness of single provisions does not touch the effectiveness of the remaining provisions.
Version: June 2012
 


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