Terms
and Conditions
1.
General
The
following standard contract terms shall apply to all deliveries and offers
of ImportGSM. Counter-confirmations of the buyer with reference
to its own standard or sales terms and conditions are hereby objected to.
Any deviations to these standard terms shall only be effective if ImportGSM has confirmed such deviations in writing.
2. Offers and Object of the Contract
Our
offers shall not be binding in relation to performance, quantity and collateral
performance. The offer regarding quantity of supply shall be limited to the
inventory on hand and is made in the form of a non-specific obligation limited
by individual contract. We hereby expressly reserve the right to make technical
modifications.
3.
Prices, Postage and Packaging, Partial Delivery
(1)
Generally, our prices shall be those referred to in our product basket on
our website at the time of order. Prices that deviate from this, which may
be seen on pages that were downloaded from intermediate storage facilities
(Browser-Cache, Proxies), may not be current and are thus invalid. We reserve
the right to correct prices that result from typographical errors or errors
in calculation. In the absence of any express agreement in writing to the
contrary, our prices shall be effective from the distribution center excluding
packaging, shipping, and handling. The customer shall bear any postage, packaging,
and handling costs.
(2)
The price of products that are marked as "announcement(s)" or "pre-release(s)" shall be based on non-binding information by suppliers or manufacturers and
shall be subject to change until such time as the product comes on the market.
Pre-announced products may be purchased at the current published price, but
ImportGSM cannot guarantee the price or appearance of the
product or the date when the product shall appear on the market. In the event
of modifications, ImportGSM shall be obligated to consult
with the customer prior to processing the order. If the customer does not
agree with the modifications, the order shall not be filled.
(3)
Packaging materials shall become the property of the customer and will be
charged by ImportGSM in the postage and packaging costs.
(4)
Costs for postage and packaging will depend on the form of shipment, form
of payment, weight and shipping destination. They will be calculated and displayed
in the product basket prior to any online order or, in the event of an order
by telephone, fax, or any other medium, they shall be quoted and shown separately
on the invoice. The mode of shipment shall be made from possible choices,
absent express choice by the customer.
(5)
In the event of partial shipments that have been arranged or offered by ImportGSM, the customer will be alerted to additional shipping costs,
and may agree to additional shipping, wait for shipment consolidation, or
cancellation of all ordered items not yet shipped. In the event of shipment consolidation, the customer agrees
to pay all postal, packaging, and handling costs, calculated at time of agreement
on shipment consolidation. In the event that a customer wishes for shipment
in specific lots, the additional costs for the shipment of each lot shall
be borne by the customer. An overview of the applicable shipment and payment
options as well as the relevant basic prices shall be published on our website.
(6) If an item becomes lost or damaged during the course of shipping ImportGSM's scope of responsibility is limited to the decision made by the courier. In the event that the courier decides the package was not stolen, lost or otherwise mishandled, ImportGSM is not responsible for repairing or replacing the item, nor is ImportGSM under obligation to refund or return any payments made by the customer.
4. Accuracy of all Information
ImportGSM makes every effort to ensure the accuracy of the information you receive in relation to its products and services. In the event of typographical errors, product pricing errors, quotation errors or omissions, ImportGSM reserves the right to correct the error at the time it is realized. If ImportGSM corrects the error, it will provide you with the following options:
(1) to proceed with the transaction based on the corrected information; or
(2) to cancel your transaction, in which case ImportGSM will promptly refund and cancel your order, or in the case of a quote, return the product back to you free of charge.
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ImportGSM therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ImportGSM does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
5.
Delivery Period
(1)
The delivery periods are dependent on the products and are displayed on our
website through the"ships in" field for each product. In the event that a
delay occurs after an order has been made, the customer shall automatically
be informed by e-mail, telephone, or fax. The customer is entitled to cancel
his/her order or to make modifications to such order free of charge at any
time before the product is shipped, unless otherwise agreed.
(2)
In the event that delivery is impossible, without this being the responsibility
of anyone, ImportGSM shall be entitled to terminate the contract.
The customer shall not be entitled to damages as a result thereof.
6.
Passage of risk and Returns
(1)
If the customer picks up the goods at the premises of ImportGSM, then the risk of accidental loss or accidental damage to the goods shall
pass from ImportGSM to the customer at the time when the goods
are transferred to the customer. In all other cases, this risk shall pass
to the customer as soon as the goods have been delivered to the customer by
the company that was commissioned to deliver said goods.
(2)
The ImportGSM return period shall begin at the time when the
goods are delivered. The statutory return provisions shall apply. The periods
of limitation for statutory claims for defects shall be 7 days after delivery
insofar as the customer is not a merchant.
(3)
If the customer is a merchant the limitation period for return claims against
ImportGSM is 7 days after delivery.
(4)
ImportGSM shall not be liable for normal wear and tear of
goods or defects which are a result of incorrect or negligent handling or
treatment or which are caused by unusual conditions of use.
(5)
If the delivered item has been repaired or modified by the customer or by
a third party without written approval by ImportGSM, all return
rights shall expire.
(6)
Alterations of design and form which are a result of technology improvements
or demands of the legislature shall be reserved during the delivery period,
provided that the item to be delivered is not substantially altered or modified
and that the customer can reasonably be expected to accept such modifications.
7.
Restrictions on Liability
(1)
The following restrictions on liability shall not apply to damage which occurs
as a result of intentional acts or gross negligence or damage to life, body
or health.
(2)
Any loss of data, damages to purchased item, or damage to items which may
interact or be used in conjunction with purchased items, are the sole responsibility
of the user. ImportGSM in no form bears responsibility for damages as stated in Sentence 1. After delivery of items, ImportGSM is not responsible for misuse, accidental operation of items, or any losses,
tangible or virtual, that may result.
8.
Payment
(1)
Unless otherwise agreed, all invoices by ImportGSM shall be
payable immediately without any deductions.
(2)
The customer shall be entitled to choose among several different payment options
which shall be offered depending on the order amount, the mode of delivery,
the shipment address, and the preferences specified in the customer's account.
The various methods of payment are displayed in the product basket. No forms of payment other than those stated
in the product basket will be accepted, unless expressly stated in writing
and agreed upon by ImportGSM.
(3)
ImportGSM hereby reserves the right to fill the order only
against cash on delivery or payment in advance in individual cases or in the
event that a bank or an offeror of the respective payment mode has rejected
payment. In such cases, the customer shall be entitled to accept or revoke
his/her order.
(4)
Costs which arise as a result of reversing a payment transaction for lack
of funds or as a result of data transmitted incorrectly by the customer shall
be charged to the customer.
(5)
Bills of exchange or cheques shall only be accepted as payment and can be
refused at any time. In each case, the acceptance of cheques or bills of exchange
shall be deemed to constitute payment only after they have been cashed. In
the event that a bill of exchange is accepted, the normal discount and collection
fees shall be charged; they shall be due immediately.
(6)
In the event of default of payment, ImportGSM will charge
a late payment penalty fee of no more than 10% of total purchase order amount,
charged any time after payment is due but is not received, and once every
30 days thereafter, until full payment is received, or item is returned.
(7) Any set-off of counterclaim shall not be permitted unless
proven at law or if accepted by ImportGSM. The retention of
payments by the purchaser for counterclaims resulting from unrelated contracts
shall be excluded.
9.
Reservation of Title
All
items delivered by ImportGSM remain its property until such
items have been paid in full and all claims resulting from any given transaction
have been met. This shall also apply to conditional claims.
If
the customer is a business or merchant, the following provisions shall apply:
seizures by third parties of items owned or co-owned by ImportGSM must be notified by the customer immediately. Any costs arising in relation
to judicial proceedings or settlement out of court which ImportGSM undertakes to secure its rights shall be borne by the customer. The customer
shall assign as a security all claims (including all claims for balances under
the current account) which arise in connection with the items being sold on
or on any other legal grounds to ImportGSM. The customer is
hereby irrevocably entitled to collect on its behalf and for its account all
claims assigned to ImportGSM. This direct debit authorisation
may be revoked if the customer does not meet its payment obligations in an
orderly manner.
10.
Rescission
(1)
In the event that the financial situation of the customer deteriorates substantially
to the extent that his/her ability to meet payments is in doubt, ImportGSM shall be entitled to rescind the contract or to withhold its
delivery and performance and to grant the customer a 7 day period within
which he/she shall render advance payments or provide security. After the
expiration of such period, ImportGSM shall be entitled to
rescind the contract.
(2)
The customer shall be entitled to rescind the contract at any time until the
goods have been shipped, unless otherwise agreed. The customer is not required
to give reasons for rescinding the contract.
11.
Revocation and Obligation to return the Goods
The
following provision shall apply only to consumers, i.e. any natural person
who enters into a legal transaction for a purpose which can be attributed
neither to his/her commercial or independent professional activities:
(1)
The customer may revoke his/her declaration to conclude a sales contract within
a period of time specified below in textual form (e.g. by letter, e-mail, facsimile). The term commences upon
receipt of the goods. The timely despatch of the revocation or the goods shall
be deemed sufficient for compliance with the revocation term.
Within 3 days : If the item is not working within 3 days upon
receipt of the goods by the customer, the item will be deemed DOA, and the item may be exchanged for a replacement at no charge assuming the defective unit is in new condition.
Within 7 days : Items returned within 7 days upon receipt of the goods by the customer may be returned for credit or exchange at no charge but are subject to a restocking fee. If materials are damaged or missing, the phone has been used more than 10 minutes of total call time, or there is any physical or cosmetic damage a restocking fee will be deducted from the refund, or charged to the customer in the event of an exchange.
After 7 days : Non functional units may be sent for warranty repair within 1 year upon receipt of the goods by the customer. Items not working due to negligence are not covered by the standard 1 year warranty provided by ImportGSM, and are subject to repair fees at customer's expense.
Shipping : Shipping charges for returning products to ImportGSM are the responsibility of the customer, with the exception of an item deemed DOA by ImportGSM. Shipping from ImportGSM to the customer will be free of charge in the event of the first exchange, DOA items and warranty repair. Additionally, all items returned to ImportGSM must be shipped or postmarked no later than 5 business days after receiving a return authorization email from ImportGSM or additional fees may apply.
In the event of a request for exchange within 7 days upon receipt of the goods by the customer, for any reason, a replacement will be sent by ImportGSM free of charge and handling fees for the first item only. If any additional replacements are requested beyond the first item, the customer will have 5 days to report dissatisfaction with the item via the RMA form. Shipping is the full responsibility of the customer beyond the first replacement.
The revocation
shall be addressed to:
| |
ImportGSM
3502 Scotts Lane
Suite 1101
Philadelphia, PA 19129
USA
|
(2)
In the event of effective revocation, the services received by either party
shall be returned and any benefits that may have been accrued shall be released.
Goods capable of being sent by parcel shall be sent back. The customer shall
bear the costs of the return shipment to ImportGSM in the
event of a return of goods.
(3)
If the customer is unable to return the received goods either in total or
in part or only in deteriorated condition, the customer shall indemnify us
for the loss in value, if applicable. This shall not apply in the event that
the deterioration of the surrendered goods is due to the inspection of the
goods as it would have been possible in a shop. The customer may, moreover,
avoid such liability of indemnification if he refrains from using the goods
as if he owned them and further refrains from any action that would diminish
the value of the goods.
Price Protection offer:
If an internal price drop occurs within 48 hours of product delivery to customer, ImportGSM.com offers to issue a refund of up to 50% of the difference between the current price and the original purchased price. This will be issued only at the written request of the customer (email support@importgsm.com). Request for credit must be received within 3 business days of price drop.
12. Standard 1 Year Manufacturers Warranty
You are provided with a 1 year manufacturers warranty, valid within 1 year of the receipt of goods . ImportGSM offers, for free, to handle your warranty claims and represent you during the warranty process. ImportGSM will send your phone to the respective manufacturer or repair facility on your behalf. Any fees charged to ImportGSM by the manufacturer or repair facility are the responsibility of the customer. Some repairs will be covered under the manufacturers warranty, however items due to negligence or non-covered items may have a fee accosciated with them.
Return shipping is free for customers within the US. Shipping is the responsibility of the customer if they are located outside the US.
Any items left unclaimed or unpaid by the customer for more than 30 business days is the property of ImportGSM. ImportGSM reserves the right to liquidate and or destroy items left on it's property for 30 business days or longer.
13. Technical Support
You are provided with 30 days (from receipt of goods by the customer) of technical support with every purchase made on ImportGSM.com
. Any technical support needed outside of this time frame will be billed on a per case basis. ImportGSM.com reserves the right to refuse technical support and request information about the products purchased.
14.
Assignment of Claims
The
customer shall not be entitled to assign his/her claims under this contract.
15.
Data Protection
(1)
Our data protection procedures are in conformity with the Federal Trade Commission's
(FTC) Privacy Act. Customer information
will never be sold or shared with a third party, unless required in certain
processes to complete an order. Any
information that will be sent to a third-party in relation to credit or personal
payment information will be encrypted and transferred securely.
(2)
The customer hereby authorises ImportGSM and agrees that ImportGSM may process, store and evaluate, within the scope of the
current data protection laws, the customer data which it receives in connection
with the business relationship.
(3)
ImportGSM saves and uses personal customer data to process
orders and potential complaints. ImportGSM shall use the customerÕs
e-mail address only for information letters which accompany the orders, for
customer care purposes and, if desired by the customer, for its own newsletters.
(4)
ImportGSM shall not forward any personal customer data to
any third parties. An exemption hereto exists for such service partners which
require the transfer or data to process its orders. In these cases, the scope
of the transmitted data shall be restricted to the necessary minimum.
(5)
The customer shall be informed about and be given the opportunity to correct,
block and delete his/her personal data.
15.
Miscellaneous
(1)
These standard terms and conditions contain all rights and obligations of
the contract parties. Any other agreements or declarations of intent by the
contract parties must be in writing. This shall include any amendment to or
modification of this form requirement.
(2)
If the customer is a business or merchant, Philadelphia, Pennsylvania shall
be the exclusive venue for all legal disputes between the contract parties,
including all lawsuits in connection with bills of exchange and cheques.
(3)
The state and federal laws of Pennsylvania, and the United States, respectively,
shall exclusively apply.
(4)
In the event that one or several of the above provisions is or becomes invalid,
the validity of the remaining provisions shall not be affected. Invalid provisions
shall be replaced by such provisions which are valid and come closest to the
commercial purpose intended by the parties.
ImportGSM
3502 Scotts Lane
Suite 1101
Philadelphia, PA 19129
USA
type
