1.1 The General Business Terms and Conditions shall be valid for all contractual agreements which freeVoice Germany GmbH (“freeVoice”) concludes with its customers (“Customers”) via the online shop on the web site www.freevoice.biz. The AGB [General Business Terms and Conditions] shall be valid both for Customers who are consumers in accordance with § 13 BGB [Civil Code] as well as also for Customers who are entrepreneurs in accordance with § 14 BGB. Any terms and conditions of the Customer that deviate from the AGB shall not be valid whose validity freeVoice has not acknowledged in writing. This shall also be valid if freeVoice has not expressly objected to them.
1.2 freeVoice shall accept only orders via www.freevoice.biz from Customers with a delivery and invoicing address in Germany or Austria. Upon request, freeVoice shall submit a written offer for the conclusion of a contractual agreement to other Customers.
The prices on the web site www.freevoice.biz shall be stated in euro as final prices (thus including VAT). Shipping costs shall also be indicated.
3.1 The pages with product offerings that are accessible on the web site www.freevoice.biz shall constitute no offer from freeVoice to conclude a contractual agreement. The Customer shall only then submit an offer to conclude a contractual agreement through the submissionof its order.
3.2 The Customer can place products in the shopping basket by clicking on the shopping basket symbol in addition to the displaying of the product. The contents of the shopping basket can be displayed at any time via the shopping basket symbol on the web site. There, the number of units can be changed or a product can be removed from the shopping basket. After clicking once on the “Checkout” button, the Customer’s delivery and invoicing address will be requested.
3.3 If the Customer has not yet logged in, then he shall be asked to log in to his customer account or to register as a new user. It is not possible to submit an order without a customer account.
3.4 On the “Review” page, all data that have been inputted by the Customer can be reviewed once again and, as required, corrected. The ordering process can be discontinued at any time by the Customer by closing the browser window. Only then by clicking on the “Purchase” button shall the Customer be considered to be submitting his binding order. freeVoice shall promptly confirm the receipt of the order by sending an e-mail to the Customer’s designated e-mail address. The order confirmation shall not yet constitute an acceptance of the Customer’s offer by freeVoice.
3.5 Insofar as nothing to the contrary has been stipulated in Clause 3.6, the contractual agreement between the Customer and freeVoice shall thus be considered to be concluded by freeVoice expressly accepting the purchase offer rendered via the Customer’s order in the online shop through freeVoice’s order confirmation.
3.6 In deviation from Clause 3.5, a contractual agreement shall only then be considered to have been concluded upon the delivery of the ordered products if freeVoice has received no e-mail address from the Customer to which the order confirmation can be sent when submitting an order in the online shop.
4.1 The Customer may select from several payment methods based upon his classification by freeVoice Germany GmbH.
4.2 freeVoice may also offer Customers the option of payment after invoicing, but is nonetheless not obliged to do this. Invoiced amounts shall become immediately payable without any discounts upon the Customer’s receipt of the invoice. The payments must be made to freeVoice’s designated bank account.
4.3 freeVoice reserves the right, at any time, to bar individual or multiple of the aforementioned payment methods.
4.4 The Customer may not offset insofar as the counterclaim is not undisputed or legally upheld.
4.5 After the passage of the agreed payment timeframe, the Customer shall automatically be considered to be in payment default–even without the sending of a warning letter. If the Customer is in payment default, the consequences of the payment default shall be based upon the statutory directives.
5.1 Insofar as freeVoice has the ordered goods in stock, the shipment shall, as a rule, be made within 1 – 3 working days (Monday – Friday) after the confirmation of the order by freeVoice.
5.2 Insofar as freeVoice does not have the ordered goods in stock, freeVoice shall notify the Customer of this and of the anticipated delivery timeframe.
5.3 Delivery delays, which are caused by statutory or governmental decrees (e.g. import and export restrictions) and are not freeVoice’s fault, shall extend the delivery timeframe based upon the duration of such hindrances.
5.4 If we are late with the delivery, then the Customer may, after setting an appropriate extension period in writing, cancel the order. Any more extensive damage compensation claims upon the part of the Customer shall be excluded. A cancellation of the order is also excluded if the ordered article is a customised product that was created upon the Customer’s request or an extra article ordered upon the Customer’s request.
6.1 The delivery of the ordered goods shall be made to the Customer’s designated delivery address.
6.2 In the event that orders are made which encompass multiple goods, freeVoice shall be entitled to make partial deliveries.
6.3 For deliveries to Germany transport and packaging costs of 6 € shall be charged per delivery. For deliveries to Austria, Belgium, Denmark, the Netherlands, Luxembourg transport and packaging costs of 12 € shall be charged per delivery. And for deliveries to Bulgaria, Croatia, Cypres, Czech Republic, Estland, Finnland, France, Greece, Great Britain, Hungary, Italy, Ireland, Iceland, Latvia, Lithuania, Malat, Norway, Poland, Portugal, Rumania, Sweden, Slovakia, Slovenia and Spain transport and packaging of 16 € shall be charged per delivery.
freeVoice reserves the ownership to the goods supplied by freeVoice to the Customer until payment in full of the entire purchase price has been made. Only then when payment in full of the purchase price has been made by the Customer shall the ownership of the products be transferred from freeVoice to the Customer.
8.1 Customers who are considered to be consumers in accordance with § 13 BGB shall be entitled to a statutory right of revocation for the purchasing agreements concluded via www.freevoice.biz.
8.2 Revocation Instructions:
You shall have the right to revoke the contractual agreement within fourteen days without stating reasons for so doing.
The revocation timeframe shall amount to fourteen days after the date on which you or your designated third party, who is not the carrier, has taken possession of the last goods from an order.
In order to exercise your right of revocation, you must notify us (freeVoice Germany GmbH, Landsberger Str. 302, 80687 Munich, telephone +49 89 12503389, e-mail email@example.com) via a transparent declaration (e.g. a letter sent via the post, telefax or e-mail) of your decision to revoke the contractual agreement.
In order to do this, you may use the enclosed model revocation form, but the use of this model revocation form is not mandatory.
In order to meet the revocation deadline, it is sufficient for you to send the notification of the exercising of the right of revocation before the revocation period lapses.
If you revoke this contractual agreement, we must pay back to you all payments which we have received from you, including the delivery costs (with the exception of the additional costs which are created as the result of your having selected another delivery option than the cheapest standard delivery option which we offer), promptly and by no later than within fourteen days after the date on which we received the notification of your revocation of this contractual agreement. For this repayment, we shall use the same payment method which you used during the original transaction unless something to the contrary has been expressly agreed with you; in no case shall you be charged fees for this repayment. We shall assume the costs for the return shipment of the goods. You must assume only any potential loss of value of the goods if this loss of value is attributable to unnecessary handling of the goods upon your part in order to inspect the quality, the features and functionality of the goods. For goods, which cannot be sent back in a normal manner via the post owing to their features and which have been labelled as such on the invoice as “bulky goods”, the following shall be valid: We shall pick up the goods. For all other goods, the following shall be valid: We may refuse to make the repayment until we have received the goods back or until you have submitted documentation to us that you have sent back the goods based upon which occurs first.
You must send back the goods or surrender them to us promptly and in any case by no later than within fourteen days after the date on which you notify us of the revocation of this contractual agreement. The deadline shall be considered to have been met if you send back the goods before the 14-day timeframe lapses. You shall assume the direct costs for the return shipment of the goods.
You must assume only any potential loss of value of the goods if this loss of value is attributable to unnecessary handling of the goods upon your part in order to inspect the quality, the features and functionality of the goods.
9.1 For contractual agreements with Customers who are considered to be consumers in accordance with § 13 BGB, the statutory liability for defects shall be valid.
9.2 For contractual agreements with Customers who are considered to be entrepreneurs in accordance with § 14 BGB, the deadline for asserting warranty claims shall, in deviation from the statutory directives, be limited to one year. This shall not be valid insofar as the law does not mandatorily prescribe longer timeframes as well as in cases of the loss of life, physical injury or damage to health, if warranties are violated, in the event of intentional wrongdoing or gross negligence upon the part of the licensor and in the event of the malicious concealment of a defect. §
10.1 freeVoice shall, based upon the amount, be liable in unlimited fashion for all damages which are attributable to intentional wrongdoing or gross negligence which are created as the result of the violation of essential contractual obligations, the malicious concealment of defects or arising from the absence of a feature promised by freeVoice. “Essential contractual obligations” shall be considered to be obligations whose fulfilment only then makes possible the proper implementation of the contractual agreement at all upon whose adherence the contractual partner may regularly rely and whose violation puts the attainment of the contractual purpose at risk.
10.2 freeVoice shall, based upon the amount, be liable in unlimited fashion for simple negligence only in the event of the loss of life, physical injury or damage to health. freeVoice shall be liable up to a maximum amount of 30% of the contractual amount for all property damage and financial losses attributable to simple negligence whose occurrence was to be anticipated when the contractual agreement was concluded based upon the circumstances which were to be expected.
10.3 The liability of freeVoice for all other damages shall be excluded. The liability in accordance with the Product Liability Act shall remain unaffected.
11.1 The legal venue shall be Munich.
11.2 If the Customer is an entrepreneur or a juridical person under public law or a special foundation under public law, then the exclusive legal venue shall be Munich. Otherwise, the statutory directives shall be valid.
11.3 The contractual relationship shall be subject solely to German law while excluding the United Nations Convention on Contracts for the International Sale of Goods as well as while also excluding the conflict of laws provisions.
11.4 In the event that a clause of these AGB should be or become invalid, the validity of the rest of the clauses shall remain unaffected. The invalid provision shall be replaced by the statutory provision. The parties shall be obliged to reach agreement on a provision which most closely corresponds to the commercial sense and purpose of the invalid provision.
11.5 Ancillary agreements and supplements to the contractual agreement must be in writing in order to be effective (fax or e-mail suffices). This shall also be valid for the waiver of the written form requirement. If the Customer is a consumer in accordance with § 13 BGB, this shall not be valid; however, any supplemental agreements must be confirmed in writing.
11.6 The European Commission shall provide a platform for Online-Streitbeilegung [Online Dispute Resolution] (OS) which can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. freeVoice shall not be obliged and shall not be willing to participate in dispute resolution proceedings before a Consumer Arbitration Board.
Munich, January 2017