GENERAL TERMS AND CONDITIONS

1. SCOPE

eSymetric GmbH, Gräfelfinger Straße 70a, 81375 Munich, 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 Hermes Versand. The terms and conditions of Hermes will apply additionally and can be called under www.hlg.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:

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 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- 089 / 600 61 62 1

8. RETURNS

8.1

We want you to be happy with our products. Should you for any reason be unhappy with our delivered goods, you have the right to refund those within 14 days after the arrival of the goods groundless, if you are a customer and live in the European Union. The term begins with the receipt of the goods and with your notice of these instructions. The return of goods or the request for return of goods should be sent to: eSymetric GmbH Gräfelfinger Straße 70a 81375 Munich Germany

8.2 Consequences of Refundment

In the case of an effective revocation both parties are entitled to demand the refund of achievements 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. In the event that the refunded goods have been used, worn, washed or the signet has been removed, the refund as compensation can come up to the purchase price. Shipping costs of the delivery are not refunded by eSymetric.

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.