Terms of service

General Terms and Conditions for an online shop

§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of voice INTER connect GmbH, Ammonstraße 35, 01067 Dresden (hereinafter: “Seller”), regarding the online store store.voiceinterconnect.de and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always take precedence.

(2) The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The application of UN sales law is excluded.

(3) The contract language is German.

(4) The place of jurisdiction is Dresden if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.

(5) We deliver to the following countries: Germany, Austria, Switzerland, rest of EU.

(6) Customers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the ODR platform) contains information on online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.

§ 2 Contract contents and conclusion of contract
(1) The seller offers customers new goods for sale in the online store store.voiceinterconnect.de, in particular hardware modules and development kits for voice control, for microphone units and for speech enhancement as well as software solutions in these areas.

(2) When purchasing in the online store, a purchase contract is concluded by the acceptance of the customer's order by the seller. Price indications in the online store do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
The customer also has the option of contacting the seller by telephone, e-mail, fax or letter to enquire about a specific item. Upon receipt of such an inquiry, the seller shall submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.

(3) The text of the contract is saved. However, it is not accessible to the customer. The buyer can access the text of the contract at account.voiceinterconnect.de.

§ 3 Prices, shipping costs, VAT and payment
(1) The prices stated in the online store apply to orders placed via the online store. All prices include the statutory value added tax.

(2) The prices do not include shipping and packaging costs, which will be communicated to the customer before the order is placed.The amount of the shipping costs depends on the weight and dimensions of the goods as well as the desired destination: see https://shop.voiceinterconnect.de/policies/shipping-policy

(3) The seller shall deliver the goods to the customer at the customer's request using the following payment methods: prepayment (by bank transfer, Paypal, credit card payment), .
If the customer chooses advance payment by bank transfer, payment is due no later than 7 calendar days after conclusion of the contract.
In the case of delivery on account, payment is due no later than 7 calendar days after invoicing.

(4) If a customer defaults on his payment obligations, the seller may demand compensation in accordance with the statutory provisions and / or withdraw from the contract.

(5) The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.

§ 4 Delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods shall be delivered to the address specified by the customer. Delivery shall be made from the Seller's warehouse.

(2) The availability of the individual goods is indicated in the item descriptions. Unless expressly agreed otherwise, the Seller shall dispatch goods in stock within 3-4 working days after payment has been instructed (in the case of advance payment by bank transfer: within 3-4 working days after receipt of payment). If the goods are marked as not in stock when sold via the online store, the seller shall endeavor to deliver the goods as quickly as possible. Information provided by the seller regarding the delivery period is non-binding, unless the delivery date has been bindingly promised by the seller in exceptional cases.

(3) The Seller reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the Customer. The customer shall not be charged for any additional costs incurred as a result of partial deliveries.

(4) The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if the seller is not responsible for the non-delivery. The seller is not responsible for the non-delivery if a so-called congruent hedging transaction was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the seller shall inform the customer immediately of this circumstance and refund any purchase price already paid as well as shipping costs.

The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other person designated to carry out the shipment.

§ 5 Retention of title
The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

§ 6 Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 7 Liability for material defects and defects of title
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.

If only merchants are involved in the contract, §§ 377 ff. HGB (GERMAN COMMERCIAL CODE) SHALL ALSO APPLY.

(2) Damage caused by improper actions by the customer during installation, connection, operation or storage of the goods shall not justify any warranty claim against the seller.

The customer can find information on proper handling in the manufacturer's descriptions.

(3) Defects must be reported to the seller by the customer within a warranty period of two years for new goods or one year for used goods.

If the customer is an entrepreneur, the warranty period for new goods is one year. In the case of used goods, the warranty for entrepreneurs is excluded.

The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and shall not apply to claims for damages by the Customer which are based on compensation for physical injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or its vicarious agents.

(4) If there are defects and these were asserted in good time, the seller is entitled to subsequent performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or withdraw from the contract. In all other respects, the statutory provisions shall apply.

§ 8 Duty to provide information in the event of transport damage
If goods are delivered with obvious damage to the packaging or contents, the customer shall, without prejudice to his warranty rights (§ 7), immediately complain to the carrier/freight service and immediately contact the seller by e-mail or other means (fax/post) so that the seller can protect any rights against the carrier/freight service.

§ 9 Exclusion of liability
(1) Apart from liability for material defects and defects of title, the seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned obligations.

(2) The limitations of liability in the above paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(3) If the Seller's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.