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4.
Passage of risk and Returns
(1)
If the customer picks up the goods at the premises of GSM SUPPORT CENTER,
then the risk of accidental loss or accidental damage to the
goods shall pass from GSM SUPPORT CENTER 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 GSM SUPPORT CENTER 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.
(3)
GSM SUPPORT CENTER 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.
(4)
If the delivered item has been repaired or modified by the
customer or by a third party without written approval by GSM SUPPORT CENTER,
all return rights shall expire.
(5)
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.
5.
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.
GSM SUPPORT CENTER
in no form bears responsibility for damages as stated in
Sentence 1. After
delivery of items, GSM SUPPORT CENTER is not responsible for
misuse, accidental operation of items, or any losses, tangible
or virtual, that may result.
6.
Payment
(1)
All Payment issues are handled by the seller of the product.
7.
Reservation of Title
All
items delivered by GSM SUPPORT CENTER 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.
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8.
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)
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.
9.
Assignment of Claims
The
customer shall not be entitled to assign his/her claims under
this contract.
10.
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 authorizes GSM SUPPORT CENTER and agrees
that GSM SUPPORT CENTER 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)
GSM SUPPORT CENTER saves and uses personal customer data to
process orders and potential complaints. GSM SUPPORT CENTER
shall use the customer's e-mail address only for information
letters which accompany the orders, for customer care
purposes.
(4)
GSM SUPPORT CENTER 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.
11.
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 checks.
(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.
GSM SUPPORT CENTER
4079 Oak Lane
Lafayette Hill, PA 19444
USA
Tel.: +1 484 995 2575
Fax.: +1 484 450 2500
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